Loading...
HomeMy WebLinkAbout13-1223 (2)1_ 1 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO December 23, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith - 9 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on December 10, 2013 were approved. A .111 A. n ONTANA T n /FRANCZYK OTYI/ GOLOMBEK �LOCURTO w � RIVERA #/01 RUSSELL V kCANLON 00 SNflTH [ ------------- ] [ MAJ - 5 [ 213 - 6 ] [314- 7] *AYE* NO * * * * * * * * * * * * * * December 23, 2013 FROM THE MAYOR December 23, 2013 TO: THE COMMON COUNCIL DATE: December 19, 2013 FROM: THE EXECUTIVE DEPARTMENT SUBJECT: Reappointment of Department Heads Pursuant to §54 of the City Charter §54 of the City Charter states in relevant part: "All mayoral appointments of department heads... which appointments are subject to confirmation by the common council, shall terminate unless otherwise specified by general, special or local law herein, at the termination of the elected term of the mayor; and shall require reconfirmation by the common council. " In accordance with this provision and applicable local law, I hereby reappoint the following individuals as department heads effective January 1, 2014 (the start of the next Mayoral term): • Timothy A. Ball, Corporation Counsel; • James Comerford, Commissioner of Permit & Inspection Services; • Daniel Derenda, Commissioner of Police; • Donna J. Estrich, Commissioner of Administration, Finance, Policy, and Urban Affairs; • Kevin Helfer, Commissioner of Parking; • Steven J. Stepniak, Commissioner of Public Works, Parks, and Streets; • Garnell W. Whitfield, Jr., Commissioner of Fire. Each has served the City faithfully and is duly qualified for reappointment. I respectfully urge Your Honorable Body reconfirm these appointments at your earliest opportunity. DEPARTMENT HEAD NAME: TITLE: Byron W. Brown Mayor SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE AN LEUSLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT December 23, 2013 t FROM THE BUFFALO PRESERVATION BOARD ®0 0 0r' / City of Buffalo BUFFALO PRESERVATION BOARD Byron W. Brown, Mayor Honorable Council members: Paul McDonnell AIA Chair December 10, 2013 It has come to our attention that those representing the new Tim Horton's at 537 Delaware Avenue are challenging the conditions agreed to pertaining to the new lawn sign at 537 Delaware Avenue. The owner proposed a sign 6' -0" in height and 5' -7" in width. The Board approved a new lawn sign the same height but no wider than 3' -6" including the width of the logo. The Board felt this was a very fair compromise as it allows almost 20 square feet of signage on the front lawn of a Delaware Avenue property in the midst of the Allentown Preservation District. The Board did approve the iconic Tim Horton's building design and front wall signage. The building can be seen hundreds of feet away and no one will ever mistake this building for anything other than a Tim Horton's. Visibility is not an issue. We have worked quite successfully with other owners on Delaware Avenue to reduce the size of their signage (most recently at the Holiday Inn) while still maintaining visibility and in no way impeding business. Small compromises like these help prevent the Allentown District from becoming like Sheridan Drive or Transit Road and maintain the dignity of this fine Buffalo Avenue. We would hope that the Common Council recognizes the Board's cooperation and compromise with the owner and uphold our decision. 7A 44C,&.1 REFERRED TO THE COMMITTEE ON LE iS °flON- Paul McDonnell AIA Chair, Buffalo Preservation Board 1 1 FROM THE CITY PLANNING BOARD December 23, 2013 QO0. b9 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901; City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Big Ditch Brewing Company Location: 337 Ellicott Street Type of Action; uncoordinated - unlisted Description: Iskalo Development Company is proposing the renovation of the existing building located at 337 Ellicott Street Buffalo New York. The renovation will be developed for use by the Big Ditch Brewery which will be a full production brewery verses a brew pub. Their products will be sold commercially throughout the region. The renovation project would involve conversion of the former maintenancetwash bay area to a brewery production area with the storage, bottling and distribution functions occurring in a portion of the open bay area. The balance of the ground floor of the Huron Street section of the building would be converted to support space for the brewery and a tasting room that would be used by the brewery to roll out new product and otherwise build the Big Ditch Brewery brand. In total, Big Ditch Brewery would occupy more than 14,000 square foot in the building. The 337 Ellicott Street building perimeter rest on the property line of the property. There are no site related improvements proposed other than a relocation of the existing bus shelter approximately 12' to 15' to the south from its current location. Bike racks are also being provided in consultation with the City of Buffalo Public Works Department. The proposed improvements to the building will include the installation of a overhead door on Blossom Alley, installation of new expanded electric service to the building, installation of new fire sprinkler system (Big Ditch renovated space only), installation of new HVAC systems, new lighting, refurbish former office space areas to brewery use, new restrooms, offices and support areas. There will be a complete facelift of the northern section of the building including new storefront windows and the replacement of the existing windows, installation of a new Huron Street entrance, installation of folding overhead glass doors on each side of the northwest corner of the building and the installation of all production brewery equipment, including coolers, and building mounted signage for Big Ditch Brewery. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment.. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. The addition of Big Ditch Brewery will help with the revival of this section of Downtown Buffalo and act as a catalyst for future growth. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — 716 851 -5085 Dated December 3, 2013 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Iskalo Development Company RECEIVED AND FILED 22 r (' J SEQRA Notice of Determination 0000.1 Nora Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Description: Ellicott Development is proposing the renovation of the existing building located at 173 Elm Street, Buffalo New York. The property is a vacant four -story 13,800 square foot building, which sits on the east side of Elm Street between William Street and Broadway Avenue. The building sits adjacent to two vacant lots at 492 and 474 Michigan Avenue. The project will include the renovation of the interior of the building into commercial office space on the first and a portion of the second floor. Five market rate apartments will occupy a portion of the second floor, and the entire third and fourth floors. The owner has been in consultation with SHPQ to restore the building's exterior, including masonry repairs and reopening of the storefront fapde at the Elm Street entrance. New windows are proposed for the south side of the building on the third and fourth floors. A new exterior stairwell will be installed on the exterior of the rear elevation of the building. The stairwell will be constructed of split faced block material and will match the existing brick. The existing parking lot will be restriped (rear) and will have a total of 27 spaces including two handicap accessible spaces. A new concrete walkway connecting the building to this lot will include landscaping on either side. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. Bringing this building back to life will add to the vibrancy of. this neighborhood attracting new residents to the downtown community. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New Yorkr14202 - 716 851 -5085 Dated: December 17 2013 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Ellicott Development Company RECEIVED AND FI L� q Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 173 Elm Street, Building Renovation Location: 173 Elm Street Type of Action: uncoordinated - unlisted Description: Ellicott Development is proposing the renovation of the existing building located at 173 Elm Street, Buffalo New York. The property is a vacant four -story 13,800 square foot building, which sits on the east side of Elm Street between William Street and Broadway Avenue. The building sits adjacent to two vacant lots at 492 and 474 Michigan Avenue. The project will include the renovation of the interior of the building into commercial office space on the first and a portion of the second floor. Five market rate apartments will occupy a portion of the second floor, and the entire third and fourth floors. The owner has been in consultation with SHPQ to restore the building's exterior, including masonry repairs and reopening of the storefront fapde at the Elm Street entrance. New windows are proposed for the south side of the building on the third and fourth floors. A new exterior stairwell will be installed on the exterior of the rear elevation of the building. The stairwell will be constructed of split faced block material and will match the existing brick. The existing parking lot will be restriped (rear) and will have a total of 27 spaces including two handicap accessible spaces. A new concrete walkway connecting the building to this lot will include landscaping on either side. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. Bringing this building back to life will add to the vibrancy of. this neighborhood attracting new residents to the downtown community. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New Yorkr14202 - 716 851 -5085 Dated: December 17 2013 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Ellicott Development Company RECEIVED AND FI L� q 0000 5 SEGIRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Bellamy Commons Location: 1490 Jefferson Avenue Type of Action: coordinated - unlisted Description: Creative Structures Services on behalf of Herbert Bellamy the renovation and new construction of the building located at 1490 Jefferson Avenue Buffalo New York. The scope of the work will consist of a thirty unit apartment building with a commerciallretail space on the first floor. The East elevation will be re- skinned using a combination of materials including brick, aluminum panels and stone veneer. The remaining elevations will be repainted brick which will be repaired as necessary. The windows and storefronts on the east elevation will be anodized aluminum frames with insulated glazing. The total cost of the project will be 7,500,000 dollars, A community meeting was held in early November with the surrounding residents and the councilmember as well as the State Senator with the project receiving complete support. The project is anticipated to begin in the fall of 2014 with a fall 2015 completion date. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. The project will help to support the continued revitalization of the Hamlin Park and surrounding neighborhoods. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — 716 851 -5085 Dated: December 3 2093 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Creative Structures Services Empire State Development NYS Dept. of Housing and Community Renewal s' IF�'� 0000 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Hoard Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The School of Art & Sciences and Education (D'Youville College) Location: 605 Niagara Street Type of Action: coordinated - unlisted Description: Stleglitz Snyder Architecture is proposing on behalf of D'YouvNe College the renovation of the existing building located at 605 Niagara Street Buffalo New York. The above referenced project is a proposed 82,000 SF academic building bounded by Niagara, Jersey and Prospect Streets on the west, south and east respectively. The north is contiguous with commercial and residential property. A Phase one environmental review was completed at the time of D'Youville College's purchase of the property. On October 31, 2013 the City of Buffalo Preservation Board reviewed and approved the above referenced project (demolition approval with courtesy design recommendations). This project was also reviewed by the City of Buffalo Zoning Board. A formal meeting with local residents was conducted at D'Youville College on October 10 2013 utilizing the Planning Board Public Hearing mailing list. The project will be financed through D'Youville Colleges capital monies, donations and foundation grants. The proposed academic building will reuse approximately 26,000 SF of an existing 72,000 SF former residential orphanage for academic offices and will construct an approximately 56,000 SF, four story addition for classrooms and science labs. The original west (Niagara Street) fagade from the first orphanage building on this site is being saved and incorporated into the new academic building. Landscaping will save some of the existing trees to the extent possible on the Niagara Street side and new plantings will be added west and east of the main entry lobby. A new entry stair from Niagara Street featuring an outdoor gathering space is also included. Material samples will be presented at the Planning Board meeting. The project is expected to begin in mid - January 2014 and be completed in July of 2015. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have asignificant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. The new building will allow D'Youville College to maintain a strong neighborhood presence as well as provide a new state of the art Arts and Science facility that will meet the needs of the college for many years to come. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — 716 851 -5085 Dated December 3. 2013 CC: City Clerk City of$uffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Stieglitz Snyder Architects RECEMED AND FILED SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Resurgence Brewery Company Location: 1250 Niagara Street Type of Action: coordinated - unlisted Description: Schneider Design Architects PC is proposing on behalf of Resurgence Brewery Company the renovation of the existing building located at 1250 Niagara Street Buffalo New York. The project is a tenant build out and inside an existing industrial complex. The proprietor is creating a small craft brewery with assembly space of a new Bar Area, seating and an outdoor Beer Garden. The brewing operation is expected to begin this spring. The plan includes utilizing 3000 SF for the brewing operation, 15005F for storage and 2000SF for a tap room where visitors can taste their products on site. Along with a tap room, 3000 SF of recessed exterior space will be used to offer a beer garden with picnic tables and trees for use during the summer months. The existing recessed exterior space is currently non - developed and is vacant. The space will be developed with a new gravel base, drainage, tree - shrub decorative grass planting, lighting, decorative fencing, and bocce ball courts. There will also be a new exterior deck that will connect the building inside with the beer garden. A new entry canopy is planned with new openings in the exterior wall of the existing masonry wall. The budget for this project is approximately 290.000 dollars to be contributed by the tenant as well as major upgrades by the building owner for the tenant fit out. The beer garden is expected to be constructed in the spring of 2014 and opening late spring early summer 2014 As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. This project will bring anew brewery to an area that has a past history of brewing as well as help to revitalize an area that is currently beginning to grow out of years of neglect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 —716 851 -5085 Dated December 3, 2013 CC: City Clerk City of Buffalo Pubtie Works, Parks, Streets Department City of Buffalo Economic Development, Permits and inspection Schneider Design Architecture PC RECEIVED AND MED 1 ly 0000 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulatiors pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the anvironment: Action Title f=lying Bison Brewing Company Location: 840 Seneca Street Type of Action: uncoordinated - unlisted Description: Scheid Architectural PLLC is proposing on behalf of Flying Bison Brewery the renovation of the existing building located at 810 Seneca Street Buffalo New York. The Flying Bison Brewing,Company will be moving their brewing operations from their existing address in the Riverside neighborhood of the City of Buffalo to the existing 12,500 s f building on Seneca Street in the Larkinville community, The existing building will include a larger brewing production space, storage, offices, restrooms and a tasting area. Two Biergartens will be directly connected to the building. Community areas with landscaping and seating will be located on the site at the corner of Lord Street and Seneca Street to help promote the Larkinville district feel. Bike racks will be provided near the front entrance. The renovation /construction could begin as early as January 2014. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. This project will aide in the continuous revitalization of the Larkinville Community as well as act as a destination for individuals touring the area. There are no actions related to the construction of this project which will have a significant adverse. impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — 716 851 - 5085 Dated: December 3 2013 CC: City Clerk City ufBuffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Scheed Architectural PLLC V7�' 4 I s ICI 0000") SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board Room 901, City Hall 65 Niagara Square Buffalo, New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Deaconess Heights on Kingsley Location: 563 Riley Street, Buffalo, NY; SBL No. 100.51. -3 -19.11 Type of Action: Unlisted, but coordinated with NYS Division of Housing & Community Renewal (tax credits), NYS Housing Trust Fund Corp.(funding); City of Buffalo Urban Renewal Agency (BURA) (disbursement of federal HOME funds) confirming City of Buffalo Planning Board as Lead Agency Description: Community Action Organization of Erie County, Inc. is proposing the development of a 75 -unit, multi - family residential housing development on the former Deaconess Hospital site. The project is a mixed - income development, which includes the construction of 75 new residential units, separated into 23 buildings. One apartment complex will have 36 2- bedroom apartments, with the remainder of the units being located in one or two - family buildings. The structures have been designed to fit in with the existing community character, and materials for construction have been selected to conform with neighboring structures' external look and feel. Structures facing the street will include porches on the front of the homes, in keeping with the design of the neighborhood. Sidewalks will also be included to integrate the development into the existing community feel. The development will include an increase in green space, will be of a density less than that permitted under the zoning code, and will transform the site of a demolished former hospital into a thriving residential community, in keeping with the surrounding residential neighborhood. The development also includes sufficient parking for the residents, which will be internal to the site, and will not include the use of street parking. As a result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review of this action will be conducted prior to implementation of the action and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Full Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR § 617.7(c)(1) and in accordance with 6 NYCRR § 617,7(c)(2) and (3). The identified potential impacts, including short-term site preparation and construction related activities, are not significant. The development will transform a currently vacant and unused piece of property (the former Deaconess Hospital site) into a thriving residential area, in keeping with the community character. The development will not have a substantial adverse change in existing air quality. The development consists of a residential use, with minor air quality impacts as the result of heating and cooling systems. Any such impact is deemed not to be significant. This is not a commercial or industrial use, and thus does not require an air permit. There may be some minor impacts to air quality as the result of dust during construction, but such impacts are temporary and short - term in nature and will be mitigated to the maximum extent practicable through the contractors' use of best management practices for construction activities. The development will not have a substantial adverse change in existing ground or surface water quality or quantity, nor a substantial increase in potential for erosion, flooding, leaching, or drainage problems. The site has been almost completely impervious for several decades, due to the Deaconess Hospital and adjacent parking lot. The proposed development incorporates a substantial amount of green space, landscaping, and stormwater controls, which together will reduce stormwater runoff and impacts and will prevent erosion. In addition, the site is incorporating advanced stormwater management features, including rain gardens and three bio- retention areas to minimize the impact on the sewer system and the waterways. With respect to minor, temporary construction impacts, construction storm water controls, including compliance with the NYSDEC's General Permit for Stormwater Discharges from Construction Activities and development and implementation of a stormwater pollution prevention plan, will mitigate any potential impacts to the maximum extent practicable. The development will be a residential use and not an industrial site. No industrial process water will be discharged and there will be no industrial stormwater discharges. The development will not have a substantial adverse change in existing traffic levels. As noted above, the density of the development is less that the surrounding residential neighborhood, and is less than what is currently permitted under the zoning code for maximum build -out. The surrounding streets and intersections have adequate capacity to support an additional 75 residential units in this area. For many years, the site consisted of a former hospital, that operated 24 -hours a day, receiving deliveries, patients by emergency vehicles, and included employee, visitor, and patient traffic. The road infrastructure and existing street designs adequately handled this traffic. The development will be a significant reduction from these levels, with most traffic expected in the early morning or late afternoon, consistent with most residential uses. The development includes sufficient parking for 75 units, in compliance with the City of Buffalo Code, and the parking is located internal to the site, away from public view. The parking provided for the development will ensure that there will be no street parking, thus reducing and mitigating that potential impact to the maximum extent practicable. There was a -2- � metro bus stop at the site of the former hospital, but it was removed during demolition. The bus stop will be re- established and designed to be compatible with the design of the residential buildings. This will allow the use of alternate forms of transportation, and will help to reduce vehicle traffic. There may be minor, short-term impacts from construction truck traffic, but such impacts will be limited in duration and are deemed not to be significant. The development will not have a substantial adverse change in existing noise levels. The development is residential, not commercial or industrial. It will fit in with the existing noise levels of a residential community and will be far less than the 24 -hour hospital use that existed for decades. There may be some minor noise impacts from construction, but those impacts will be temporary and mitigated through contractors' best management practices. The development will not have a substantial increase in solid waste production. The development includes 75 new residential units. This will necessarily include the production of residential waste, consistent with residential use. These impacts are deemed not to be significant. Sufficient waste receptacles will be provided and waste removal will be contracted - for by the site owner. The development is located in an urban neighborhood near a highway. It will not result in the removal or destruction of large quantities of vegetation or fauna; nor will it result in a substantial interference with the movement of any resident or migratory fish or wildlife species. There will be no impacts on a significant habitat area. There will be no substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species. There will be no other significant adverse impacts to natural resources. Over half of the redeveloped site will be green space which will be a positive environmental upgrade over the pre - existing condition when it was a hospital site and over the current vacant lot. This urban site is not within or adjacent to a Critical Environmental Area as designated pursuant to d NYCRR § 617.14(g) and thus will not impair the environmental characteristics of a Critical Environmental Area The development will not create a conflict with the community's current plans or goals as officially approved or adopted. The City's Comprehensive Plan and current zoning designation designate this site for residential use as contemplated by the development. There is no request, nor is there a need for a zoning change. The development is consistent with the community character, and is less dense than the zoning code allows. The residential development will not impair the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character. The site is not substantially contiguous to, and does not contain a building, site or district listed on the State or National Registers of Historic Places. The site is not located within an archeologically sensitive area. There are no important aesthetic resources in the area. Deaconess Heights supports the unique local community character. The Deaconess Hospital was inconsistent with the historical residential character of the neighborhood. In the fall of 2012, the Graduate Studio of the State University at Buffalo's School of Architecture prepared a comprehensive planning and design framework for the development of infill housing on the Deaconess Site entitled "Seamless Transitions- Context Sensitive Design for the Kingsley Neighborhood." To provide a thorough understanding of the Community as a basis for integrating infill housing into the current neighborhood fabric, the report documents the history -3- V IA of the Kingsley neighborhood within the context of the City of Buffalo. The Deaconess Heights on Kingsley development incorporates the majority of the Design Guidelines from the Report. The structures have been designed to fit in with the existing community character, and materials for construction have been selected to conform with existing structures' external look and feel. Structures facing the street will include porches on the front of the homes and sidewalks, in keeping with the design of the neighborhood. The development will include an increase in green space, will be of a density less than that permitted under the zoning code, and will transform the site of demolished former hospital into a thriving residential community, in keeping with the residential neighborhood. In addition, the Gethsemane Manor, a HUD - financed senior housing facility, is located contiguous to the proposed development site at 220 Kingsley, which has similarities to the proposed development. The development of a 75 -unit residential campus within the City at the site of a former hospital will not create a major change in the quantity of electricity or natural gas to be used and will not affect the community's sources of fuel or energy supply. The development will include Energy Star appliances and furnaces, to increase energy efficiency. There will be an increase in energy usage consistent with the residential use, but any such impacts are deemed not to be significant. This residential development will not create a hazard to human health. In conjunction with the demolition of the former Deaconess Hospital, Kaleida completed the excavation and remediation of the site. Robert J. Szustakowski Environmental, Inc. ( "RJS ") completed a Phase I Site Assessment, dated November 26, 2013, and completed all appropriate inquiries of the development site in accordance with ASTM standards. The Phase I identified no known or suspected recognized environmental conditions ( "RECs "). With respect to historic RECs, two underground storage tanks were removed from the site in March 2013. An intrusive Phase 11 study was completed proximate to these tanks in 2011. RJS oversaw some parts of the tank removal and a tank closure report was prepared and submitted to NYSDEC by the tank removal contractor following the removal of the tanks. Subsequently, NYSDEC closed its spill file associated with the site. RJS came to the conclusion in the Phase I that environmental impacts at the development site do not appear to pose a significant risk, and RJS does not recommend further work (Phase II). There will not be a substantial change in the use, or intensity of the use, of land including agricultural, open space, or recreational resources, or in the community's capacity to support existing uses. There are no agricultural areas nearby, as this is an urban area. The development includes open space, including a play area for residents. No designated open space area will be impacted by the development. The development includes recreational resources to support the residents, including a community center and a playground. Martin Luther King, Jr. Park is available for convenient access by the residents. The Park has sufficient capacity to support the additional 75 units in the area. The Police Department, Fire Department, and other municipal services have the capacity to support the additional 75 residential units. The development will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The development will not create a material demand for other actions that would result in any adverse environmental impacts. -4- ,C`� .} FILED 1� -5- 000 State Environmental Quali evi w ct NiEGATNE DECLARATION N tice of Determination of December{L, 2013 This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act or "SEQRA "). The City of Buffalo Planning Board, as lead agency, has determined that the proposed action described below will not have a significant adverse environmental impact and a Draft Environmental Impact Statement ("DEIS ") will not be prepared. Name of Action: Ganson Entertainment Complex Applicant: Ganson Entertainment SEAR Status: Unlisted Conditioned Negative Declaration: No For Further Information Please Contact: City of Buffalo Planning Board 901 City of Hall Buffalo NY 14202 Phone: 716 -851 -5082 Fax: 716 - 851 -5590 REFERRED TO THE COMMITTEE ON LEGISLATION. A. ProoJect Description The analysis and determinations provided herein were performed by the City of Buffalo Planning Board (the "Lead Agency") with. respect to the application by Ganson Entertainment (the "Applicant ") for Site Plan approval of project described below (the "Project "). The Project involves the development of approximately 8.8 acres of property located at 359 Ganson Street in the City of Buffalo, Erie County, New York, The Applicant will be the owner of the real property, and the Project will be constructed and operated by its tenant, Buffalo RiverWorks, LLC. The Project will include an 85'x 185' hockey rink, with associated mechanical and utility space. Additional space will be used to house a "Zamboni" machine for ice resurfacing. The Project will also include a 85' X 160' curling rink with additional space to store the curling rocks. An 8,000 square foot raised mezzanine will be constructed for viewing both rinks. A 100 seat full service restaurant will be housed in two adaptively reused existing buildings on the site, which will result in approximately 30,000 square feet of exhibition space. B. State Environmental - Quality R view "SE R" Proc s. Pursuant to the New York State Environmental Quality Review Act and its implementing regulations (6 NYCRR Part 617), the following steps have been undertaken; 1. The City of Buffalo Planning Board was designated as Lead Agency, 2. The Lead Agency determined that the Project is an Unlisted Action; 3. The Lead Agency required the preparation of a Full Environmental Assessment Form ( "EAF" ); 4. Concurrence of the Lead Agency determination was obtained from all other involved or interested agencies; and 5. The Lead Agency held a public meeting to review the Project and seek public comments. To determine that an EIS will not be required for an action, the Lead Agency must determine either that there will be no adverse environmental impacts or that the identified adverse environmental impacts will not be significant. The Lead Agency must review the EAF, the criteria contained in subdivision (c) of Section 617.7 of the SEQR regulations and any other supporting information to identify the relevant areas of environmental concern. The Lead Agency must analyze the identified areas of environmental concern to determine -2- I if the action may have a significant adverse impact on the environment and then set forth its determination of significance in a written form "containing a reasoned elaboration and providing reference to any supporting documentation" (617,7(b)). To determine whether a proposed unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria contained in Section 617.7(c) of the SEQR Regulations. The Lead Agency's determinations in this document are based on review ,of the following: the EAF (Exhibit A to this document), a GIS map of the Project (Exhibit B to this Document), a Traffic Impact Study prepared by Wendel Duchsherer and dated December 2, 2013 (Exhibit C to this document), review of public information regarding existing traffic and discussions and interviews with governmental authorities, along with review of all documents and comments submitted by the public during any public meeting (the foregoing items together the "Record "). The Lead Agency has reviewed the Record and determined that the Project will not have a significant environmental impact for the following reasons. C. _Consideration of Potential Environmental Impacts Pursuant to Section 617.7 of the SEQR Regulations. 1. Adverse change in existing air quality, ground or surface water quality or quantity; a substantial increase in solid waste production, a substantial increase in potential for erosion, flooding, leaching or drainage problems. The Project will have no impact on surface or groundwater quality. An anaylysis of potential traffic impact follows in Section C.13. The Lead Agency has determined based upon its review of the Record and its experience and expertise that the Project will not cause a significant adverse change to the existing air quality. The Project will not increase solid waste production, and, no comments were raised from the public with respect to waste production. The Lead Agency has determined based upon its review of the Record and its experience and expertise that the Project will not increase the potential for erosion, flooding, leaching or other drainage problems. 2. The removal or destruction of large quantities of vegetation or fauna;. substantial interference with the movement of any resident or migratory fish or wildlife species, impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will have no impact on vegetation, fauna, fish, wildlife, significant habitat, endangered species or plants or negatively impact natural resources, and no comments were raised from the public with respect to any of these considerations. The Project is proposed for a. fully built, urban environment, and NYSDEC resources have been reviewed to confirm there are no cultural, historic or endangered species /flora in or near the project site. See EAF. X]I 3. The impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g) of the SEQR regulations. There are no Critical Environmental Area designations in or near the Project site. See EAF. 4. The creation of a material conflict with a community's current plans orgoals as officially approved or adopted. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will not conflict with zoning, planning or community character, and no comments were raised from the public with respect to these considerations. The Project is properly zoned for the use of the site. Comparing the current site use with the Project site use, it is evident that the Project will significantly improve the character of the site within the community as the Applicant proposes to make a substantial investment in cleaning up the physical site, and constructing new recreational facilities. 5. The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character. The Project is located adjacent to the "Great Northern Grain EIevator," the oldest grain elevator remaining in the City of Buffalo and a designated landmark. There are no other historical, archeological, architectural, or aesthetic resource designations in or near the Project site. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project is not substantially contiguous to the Great Northern Grain Elevator will not impair the character or quality of the Great Northern Grain Elevator, and no significant adverse impact can reasonably be expected to result from the change in specific use. See EAF. 6. A major change in the use of either the quantity or type of energy. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will not result in a major change in the use of energy, and no comments were raised from the public with respect to energy use. 7. The creation ofa hazard to human health. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will not result in a hazard to human health, and no comments were raised from the public suggesting the Project would be significantly hazardous to human health. The Lead Agency believes the Project will have the opposite impact by constructing recreational facilities that will promote public health. S. A substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will not result in a substantial change in the land -4- use. The Project site is currently zoned for general industrial use and the Project use is permitted within this land use designation. The Project is Iocated in the Buffalo Costal Special Review District Open Space Corridor and the Project use is in compliance with the relevant ordinances applicable to such district. No change in land use designation is requested. Agricultural, open space and recreational considerations are not applicable to this site. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will not have a material adverse impact on the Project site's capacity to support existing uses. 9. The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The Lead Agency has determined based on its review of the Record and its experience and expertise that the nature of the Project is not one likely to encourage or attract large numbers of people in such a manner. No comments were raised by the public suggesting the Project would encourage or attract large numbers of people absent the action. 10. The creation of a material demand far other actions that would result in one of the above consequences. The Lead Agency has determined based on its review of the Record and its experience and expertise that the nature of the Project is not one likely to create a material demand for other actions which would have a material adverse impact on the environment. No comments were received by the Lead Agency suggesting the public was concerned that the Project could create a demand for any other action. 11. Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together .result in a substantial adverse impact on the environment The Lead Agency has determined based on its review of the Record and its experience and expertise that there will be no changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment. 12. Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision. The Lead Agency has determined based on its review of the Record and its experience and expertise that there are no other related actions which would together with the Project result in a significant impact on the environment. 13. Potential Traffic Impacts. A potential traffic impact was a concern raised by the public during public meetings. The Traffic Impact Study demonstrates that the number of vehicles entering and exiting the -5- Project site during both typical operations and large special events will only have a small impact on the level of service of adjacent roadways and that there was sufficient room within the Project site to accommodate traffic — without causing backups onto adjacent roadways.. The Traffic Impact Study also demonstrated that the Project will not cause delay or queue concerns during evening peak commute hours. The Traffic Impact Study built into its model anticipated improvements to the traffic signal on Ohio Street at Ganson Street to be constructed by the City of Buffalo as part of its "Ohio Street Improvement Project." The City of Buffalo Department of Public Works, Parks and Streets asked for clarification of a few points in the Traffic Impact Study and the applicant provided detailed responses thereto. The applicant clarified that its calculation of vehicle occupancy rate was based on industry accepted recommendations. The applicant was also asked to address pedestrian traffic between remote parking and the Project. The authors of the Traffic Impact Study demonstrated that the existing sidewalk has the capacity to accommodate pedestrian traffic in at an acceptable Level of Service. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will not have a material adverse impact on traffic. 14. Impact on Noise, Odor and Light. The Lead Agency has determined based on its review of the Record and its experience and expertise that the Project will not cause a significant increase in noise or light levels and no impact on odors. 15. Potential Cumulative Impacts. 0 The Lead Agency has determined based on its review of the Record and its experience and expertise that there will be no significant cumulative adverse environmental impacts. Q001 STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF SIGNIFICANCE This notice is issued by the City of Buffalo Planning Board (hereinafter "Planning Board "), acting as lead agency, in a coordinated environmental impact review, pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively referred to as "SEQR "). The Planning Board has determined that the proposal by Evergreen Foundation and Evergreen Health Services (collectively, the "Applicants "), to rehabilitate an existing 75,000 sq. ft. structure to create fifty (50) apartment units at the former. Buffalo Trunk Manufacturing Company Building located at 125 Cherry Street (including tax parcels 111.32 -6 -6, 111.32 -6- 7.11, 111.32- 6.4.11 and 111.32 -6 -12) ( "Project Site" or "Site "), will not have will not have a significant adverse impact on the environment; that a negative declaration pursuant to SEQR should be issued; and that no Environmental Impact Statement need be prepared. Reasons supporting this determination are fully explained below. Protect Name Evergreen Lofts Lead-Agency The City of Buffalo Planning Board SEQR Status Type I XX Unlisted: Location 1.3± acre property located at 125 Cherry, 117 Cherry, 145 Cherry and 392 Genesee Streets; tax parcel ID #s: 111.32 -6 -6, 111.32 -6 -7.11, 111.32- 6.4.11 and 111.32 -6 -12 Landowner: Evergreen Foundation Zoning District: CM (General Commercial) Project Description: The Applicants propose to redevelop the existing structures located at the Project Site to establish a. housing first style apartment complex. The structure will house fifty (50) apartment units; forty -four (44) one - bedroom units, four (4) two - bedroom units and two (2) three- bedroom units. The first floor will contain a resident lounge, computer room and other open areas for residents. The former Buffalo Sonic Blinds facility and has been sitting vacant for a number of years. In addition to the original structure at the south side (facing Genesee Street) will be removed and a new entrance stairwell will be constructed onto the building. Additionally, the Applicants will be adding significant landscaping to the Project Site as well as the aforementioned recreational areas for residents of the building. 27239792 -2- The Project Site is zoned CM (General Commercial) and multi - family housing facilities are permitted pursuant to §511 -24(B or C) of the Code. Furthermore, since the Project is a redevelopment of an existing structure, it is not required to meet updated parking requirements under the Code. Nevertheless, given that many of the residents will not own vehicles, the thirty - one (3 1) spaces provided should adequately meet the needs of the facility. Reasons Supporting This Determination Background 1. The Planning Board has authority over the Project with discretion to approve or disapprove the Site Plan or to impose appropriate conditions necessary to mitigate any potentially adverse environmental impacts associated with the design of the Project. As such, the Planning Board declared its intent to act as Lead Agency for purposes of SEAR. 2. On November 6, 2013, November 19, 2013 and December 2, 2013, the Applicants provided materials detailed Project information, including a Full Environmental Assessment Form pursuant to SEQR. On or about October 8, 2013, the Planning Board circulated a Notice of Intent to Act as Lead Agency. This Notice was supplemented on November 7, 2013. The Planning Board's Notice of Intent to Act as Lead Agency was sent to the following involved and interested agencies: • NYS Office of Parks, Recreation and Historic Preservation. - Rose Harvey • NYS Office of Parks, Recreation and Historic Preservation - D. Elizabeth Martin • NYS Homes & Community Renewal - Darryl C. Towns • City of Buffalo - Mayor Byron W. Brown • City of Buffalo BURA - Brendan Mehaffy • NYS Office of Temporary and Disability Assistance - Brett Hebner 3. It has been more than thirty (30) days since such notice and information was provided and no other involved agency has contested Lead Agency status of the Planning Board. Thus, the Planning Board has properly been established as Lead Agency for purposes of conducting a coordinated SEQR review of the Project. 4. The original application materials were submitted to the Planning Board on November 6, 2013 and amended application materials reflecting additional requested information or changes to the Project were submitted to the Planning Board on November 19, 2013 and December 2, 2013. A Public Hearing on the Site Plan was held by the Panning Board on November 19, 2013 where testimony was taken relative to the Site Plan Application. Additionally, the Applicants have met with the Planning Board on November 6, 2013 and December 3, 2013 to discuss details of the Project. The Planning Board has carefully considered the full scope of the Project herein and reviewed and considered the entire record of proceedings related to the Project including: 2723979_2 so • Letter of Intent, application forms and all the exhibits and attachments thereto dated November 6, 2013; • Amended Letter of Intent, application materials and all the exhibits and attachments thereto dated November 19, 2013; • Revised Application materials dated December 2, 2013 and all the exhibits and attachments thereto dated December 2, 2013; • Full Environmental Assessment Form dated November 4, 2013; and • Public comments regarding the Project solicited during the public hearing on the Site Plan Application held on November 19, 2013. 5. The Project only requires Site Plan approval from the Planning Board, Environmental Setting 6. The Project Site is located on the south side of Cherry Street between Spring and Hickory Streets immediately adjacent to NYS Route 33 on the eastern edge of downtown Buffalo. The area includes a mix of commercial and residential development with a significant number of vacant or unused parcels between Cherry and Genesee Streets. The Project Site and immediately adjacent properties are zoned CM with properties to the south of Genesee Street being zoned residential. 7. The Project site is approximately 1.3 ± acres and includes the former Sonic Blinds facility_ The Applicants will be demolishing a later addition to the National Historic Registered building, restoring much of its original character under the guidance of the NYS Office of Parks and Historic Restoration and will include the addition of a stairwell and new entrance fagade facing Genesee Street. The Project will also include significant additional landscaping and stormwater management measures not currently present on the Site. The Project will also include some recreational areas for residents of the facility. 8. The Project Site has historically been used for commercial and light industrial purposes and is currently vacant. The Project Site also consists of largely impervious areas with "scrub" vegetation and no known wildlife habitat. Analysis of Impacts to Environmental Resources Impacts on Surface Water Quality or Quantity The Project Site is a mix of broken pavement and scrub vegetation and currently has no stormwater control measures. The Project includes the creation of a bio- retention area to collect and help create stormwater runoff from the parking area at the comer of Cherry and Spring Streets. The Site also includes a significant increase in landscaped area which will help reduce impervious areas at the Project Site. 27239792 -4- As a result of these measures, the Project will not result in any significant adverse impacts on surface water quality or quantity and in fact will improve conditions now existing on the Project Site. Impacts on Air Quality The Project Site is located adjacent to a major commuter artery and surrounding uses include commercial uses and nearby residential development. Because the anticipated residents of the facility are unlikely to own personal vehicles, it is not anticipated that the Project will generate significant traffic volumes. Given the existing traffic on the adjacent NYS Route 33 and the relatively minor number of vehicles using the facility, there will not be a measurable change in air quality conditions. Given these factors, the Project will not result in a significant increase in air impacts to the area. Impacts on Traffic As discussed previously, this is a 50 -unit residential facility where most of the residents are not anticipated to own personal vehicles. As a result, the Project will not Iikely generate a meaningful amount of traffic volume. At the public hearing on the Application, the residents expressed concern about traffic exiting the Site onto Cherry Street, so the Applicants have revised the Site Plan to limit traffic to an entrance only. Given that the Project Site is in a commercial area and volume generated by the Project is not anticipated to be significant, it is not anticipated that the Project will have any significant adverse impacts upon traffic conditions in the area. Impacts on Noise Levels The Project Site is located within an existing commercial corridor with.Cherry Street immediately adjacent to NYS Route 33 to the north and Genesee Street to the south. Existing noise conditions on the Project Site are typical for commercial areas located in close proximity to a major roadway. Since the facility is residential in nature and will not include significant volumes of traffic, it is not anticipated that the Project will generate noise levels above existing ambient conditions. Further, the Applicants have agreed to comply with a typical noise restrictions relative to dumpster trash removal in the City of Buffalo. The Project will also not include any significant additional HVAC equipment and that which will be installed will not generate noise levels above existing conditions. However, it will be anticipated that there will be some temporary noise impacts associated with construction activities, but they will be limited by both duration and hours permitted for construction activities in the City of Buffalo. 2723479_2 -5- As a result of the foregoing, the Project will not have any significant adverse impacts upon noise levels in the area. Impacts on Community Resources The Project Site is located in a mixed commercial and residential area and is serviced by significant utility services. Since the Project is consistent with existing scale of development in the area, it is not anticipated that it will have any significant adverse impacts on utility services. In light of the foregoing, the Project will not have significant adverse impacts upon public resources in the area. Impacts on Natural Resources The Project Site is located in a heavily developed area in the City of Buffalo. There is virtually no existing vegetation on the Project Site and no known wildlife habitat in this highly urbanized area of the City. Further, based on information provided by the NYSDEC Environmental Resource Mapper, there are no rare plants or animals within the proposed Project area. The Project also includes a significant increase in vegetation on the Project Site. As a result of the foregoing, the Project will not have any significant adverse impacts on natural resources in the area. Impacts on Historical Archeological Architectural or Aesthetic Resources or Neighborhood Character The Project Site is located in a mixed commercial and residential area in the City of Buffalo. The existing structure is listed on the National Register of Historic Places and is known as the former Buffalo Trunk Manufacturing Company Building. The building was registered in large part due to its slow burn mill construction type commonly used during its original period of construction. There were subsequent additions to the south side of the building which will be removed to restore the building closer to its original condition. The new addition of a stairwell and entrance are designed to compliment the building and could be removed if necessary in the future. In response to residents' concerns about the institutional look of the structure, the Applicants have increased vegetation along Genesee Street and have significantly revised the entrance to provide a much more welcoming appearance. Further, the Applicants have removed canopies along Cherry Street to retain the existing look of the facility on that facade. The Project Site is zoned CM (General Commercial) and this corridor between Cherry and Genesee Streets has historically been commercially developed and it is anticipated it will continue to do so going forward. A residential development of this nature is consistent with existing and future land use and neighborhood character. The Project includes a number of 27239792 4ib -6- measures which will significantly improve site conditions over the existing status and its use as a residential facility is less intensive than other uses that would otherwise be permitted at the Site. The restoration of this structure, addition of aesthetically appropriate elements and significant landscaping on the Project Site will greatly improve this Site and have a positive impact on neighborhood character. There has been some expression of concern by neighboring residents regarding the occupants of this facility. While the Applicants provide a variety of health care services to those in the lesbian, gay, bisexual and transgender communities, including those with chronic diseases, this will not be a medical treatment facility and will not include any needle exchange facilities. The facility is being provided as an opportunity for permanent residential housing to those in the community that the Applicants serve. So in sum, while the neighbors may have concern about the make -up of the residents, the facility is residential in nature and residential facilities of this nature are wholly consistent with the zoning and surrounding neighborhood. As a result of the foregoing improvements to the Project Site, it is not anticipated that the Project will have any significant adverse impacts upon historical, archaeological, architectural, aesthetic resources or neighborhood character. Impacts to Community Services The Project Site is located in a commercial and residential area of the City and a proposed 50- unit apartment complex is consistent with existing commercial and residential uses in the neighborhood. Community services include such things as law enforcement, fire and emergency services, bus services and schools. This area and the associated services were originally designed to accommodate much higher densities than currently exist and the addition of a 50 -unit apartment complex will not place any significant tax on those services. In addition, the Applicants provide additional health and social services for its residents from its other facilities in the City and will actually act as a supplement to existing community services. Further, the Applicants will be screening potential residents to ensure the facility maintains a safe environment for all of its residents. In light of the foregoing, the establishment of the proposed Project wiII not result is a significant additional demand upon community services and therefore no significant adverse impacts are anticipated. 27239792 I -7- Conclusion A number of temporary and /or minor environmental impacts have been identified in connection with the Project. However, a thorough analysis of these potential impacts reveals that where necessary, they have been mitigated to the greatest extent practicable by the design of the Project and that none of these impacts will be significant. Accordingly, it is appropriate that the City of Buffalo Planning Board, as Lead Agency, issue a Negative Declaration for the Project. For Further Information Contact: Martin Grunzweig, Land Use Controls Coordinator City of Buffalo City Planning Board 65 Niagara Square, Room 901 City Hall Buffalo, New York 14202 -3391 (716) 851 -5085 Autho 'zed Signature Supporting Documentation: • Applicants' Letters of Intent and application form dated November 6, 2013, November 19, 2013 and December 2, 2013 • Survey • Site Plans • Elevations • Renderings • Building Sections • State Environmental Quality Review Act - Full Environmental Assessment Form ■ Area Map ■ Demolition Plan ■ Grading and Utility Plan ■ Site Details ■ Floor Plan and Structural Details ■ Photos of Existing Conditions ■ Security Plan ■ Genesee Street Rendering ■ United States Department of Interior National Park Service National Register of Historic Places Registration Form 27239792 d � — 8 — Interested and Involved Agencies: • NYS Office of Parks, Recreation and Historic Preservation - Rose Harvey • NYS Office of Parks, Recreation and Historic Preservation - D. Elizabeth Martin • NYS Homes & Community Renewal - Darrvl C. Towns • City of Buffalo - Mayor Byron W. Brown • City of Buffalo BURR - Brendan Mehaffy • NYS Office of Temporary and Disability Assistance - Brett Hebner RECEIVED AND FILED 27239792 _ 1 Q 0 O BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 3' day of Decernher 2013, a resolution was adopted of which the following is a true copy: Present: Frank A. Manuele Horace A. Gioia Cynthia A. Schwartz Vice Chairman Henry Burns Martha LamparelIi The following resolution was introduced: WHEREAS, on November 6, 2013, Evergreen Health Services and Evergreen Foundation (collectively "Applicants ") and as amended on November 19, 2013 and December 2, 2013, submitted a Letter of Intent and Amended Letters of Intent (collectively "LOI ") respectively, including exhibits attached thereto, to the City of Buffalo Planning Board ( "Planning Board ") pursuant to §511 -137 et. seq. of the Charter and Code of the City of Buffalo ( "Code "), in furtherance of the Applicants' request for Site Plan approval for the proposed Evergreen Lofts Apartment Project (hereinafter referred to as the "Evergreen Lofts" of "Project ") located 125 Cherry Street, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicants have provided information in the Application materials supporting the request for Site Plan Approval for the Evergreen Lofts; and WHEREAS, a public hearing was held on the matter on November 19, 2013 where the Applicants presented the design details for the Project and the public commented on the application; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code §511 -137 et. seq. and New York General City Law §27 -a, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the Site Plan as presented on December 3, 2013; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form 2721187t i; ( "FEAF ") attached as Exhibit "F" to the November 6, 2013 application package, to assist the Planning Board in reviewing the potential impacts of this request; the Planning Board determined that the Evergreen Lofts Apartment Project will not have the for significant adverse environmental impacts and will not require the preparation of a Draft Environmental Impact Statement ( "DEIS "). Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq. and New York General City Law §27 -a, as follows: 1. The Applicants are seeking Site Plan approval for a 50 -unit apartment redevelopment of the existing 5- story, 75,000 sq. ft. structure located at 125 Cherry Street. The Project involves minor demolition and restoration of a historic building known as the Buffalo Trunk Manufacturing Building. 2. The Planning Board has made the following determinations with respect to the Applicants' request for Site Plan Approval for the Project: a. That the Project will comply with the New York State Uniform Fire Prevention and Building Code; b. The Project will not have any significant adverse environmental impacts; C. That the proposed design for the Project restores the historic character of the building and adds, as necessary, aesthetically appropriate updates. The overall site design will minimize its visual and aesthetic impacts upon nearby properties; d. The design of entrances and traffic circulation surrounding the Project minimize the.potential adverse impacts to traffic flows in the vicinity of the Project Site; C. The Project will add approximately thirty (30) parking spaces to the Project Site. Adequate snow storage will be provided on -site. Because the Project will house individuals who do not typically own personal vehicles, there will be adequate parking on -site. f The Project incorporates adequate ingress, egress and handicap accessibility for pedestrian access. g. The Project will incorporate stormwater retention measures to significantly reduce stormwater runoff from the site as compared to existing conditions and will be subject to Buffalo Sewer Authority approval before final connections are permitted; 2721187_1 i n h. The Project incorporates additional landscaping and hardscapes that will be a significant improvement over existing conditions and satisfy the City requirements for the Project Site; i. The Project provides adequate fire lanes and emergency access; j. The Project is not anticipated to result in any ponding, flooding and/or. erosion; and k.. The Project and the Site Plan will result in a significant improvement and reuse of an otherwise abandoned structure and will be a positive redevelopment of the Site and the Project's design is compatible with the surrounding uses, structures and buildings. 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo PIanning Board on the P day of December 2013. Upon roll call vote: aye's 0 no's [City of Buffalo Planning Board Certification of Votes] REDIEWED AND MLE 2721187_1 000 , 3 RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR UNIVERSITY PLACE @ LASALLE Project Name: University Place @ LaSalle Project Description: The Project Sponsor, Legacy LaSalle, LLC ( "Legacy "), proposes to develop a residential community in a series of newly constructed buildings which will provide a variety of unit sizes from 1 to 4 bedroom units targeted principally to college /university students and staff ( "Project ") on parcels bordered by LaSalle Avenue, Cordova Street and William Price Parkway ( "Site "). The Project is proposed with 6 buildings (4 initially and 2 as future phases) with a total of 385 units (1, 2, 3 and 4 bedroom units) with common facilities located on approximately 10 acres of primarily commercial or vacant industrial land. The residential space would include apartment buildings of attractive designs with amenities including a pool, exercise facilities, off- street and, on a limited basis, enclosed parking. In total, during Phase 1 (4 buildings), the Project would have 279,937 square feet of residential space divided between 250 units (1, 2, 3, and 4 bedroom). The Project would also include a 5,600 square foot maintenance building and 3 small accessory buildings with twenty -four garage spaces and maintenance /storage areas. Parking would be shared among the residents, with approximately 376 off - street parking spaces including 24 garage spaces. In a future phase of the Project, an additional two buildings will be constructed totaling an additional 77,208 square feet with 89 additional 1, 2 and 3 bedroom units. After construction of these additional buildings, parking on -Site would be reduced to 287 off - street and garage spaces. Location: 36, 73 & 89 LaSalle Avenue, City of Buffalo, Erie County SEQR Status: Type I XX Unlisted Determination of Significance: Negative Declaration XX Positive Declaration _ WHEREAS, on November 15, 2013, Legacy submitted a letter of intent with supporting documentation ( "Letter of Intent ") to the City of Buffalo Planning Board ( "Planning Board ") requesting site plan approval for the Project; WHEREAS, the Planning Board has broad authority over the Project with discretion to approve or disapprove the site plans or to impose appropriate conditions including any conditions necessary to mitigate any potentially adverse environmental impacts associated with the Project; WHEREAS, at its regular meeting on December 3, 2013, the Planning Board held a public hearing on the Project; 0�J WHEREAS, the Project is considered a Type 1 Action pursuant to Section 168- 4(113)(7)(c) of the City Charter and Code ("Code ") and Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively referred to as "SEAR "); WHEREAS, in May, 2013, Legacy filed part 1 of the Full Environmental Assessment Form ( "EAF ") with the Planning Board and requested that the Planning Board initiate the SEQR process by establishing itself as the lead agency; WHEREAS, the Planning Board declared its intent to be lead agency in June 2013, and circulated notices and the application it had received from Legacy (including the EAF) to all potentially interested and involved agencies including the Buffalo Common Council, the Buffalo Zoning Board of Appeals and the Erie County Industrial Development Agency; WHEREAS, no agency indicated an interest in contesting. the Planning Board's intent to be lead agency and thus, the Planning Board has been established as the SEQR lead agency for the Project; WHEREAS, the Planning Board, undertaking a coordinated SEQR process, has circulated copies of the Letter of Intent with all Exhibits including a revised Full Environmental Assessment Form ( "EAF ") to all interested and involved agencies; WHEREAS, the Planning Board has carefully considered the full scope of the Project having reviewed and considered the entire record and proceedings relating to the Project including the EAF, the Letter of Intent and all supporting exhibits thereto, relevant additional documentation, and having considered the comments and points of view of the public; WHEREAS, a thorough analysis of the potential environmental impacts reveals that, where necessary, all adverse impacts have been mitigated to the greatest extent possible by the design of the Project and that none of these impacts will be significant; and WHEREAS, it is appropriate that the Planning Board issue a negative declaration for the Project. NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING BOARD MAKES THE FOLLOWING FINDINGS OF FACT: 1. The Site consists of largely vacant or underutilized commercial and industrial property. Construction will not take place in close proximity to the water table or bedrock or occur on steep slopes. Site runoff during construction will be addressed through SWPPP compliance. Overall, the redevelopment of the Site will have a positive effect on land use. Moreover, the proposed use is permitted as of right and is consistent and/or compatible with surrounding uses. Thus, the Project will not adversely impact land use. -2- r� 1, 2. There are no surface water bodies in or adjacent to the Site and the Site is not within in a Coastal Area. 3. Post - construction storm water run -off from the Project will be retained on -Site (underground detention) prior to discharge to the City's municipal server system. 4. There will be no significant air emissions from the Project and no air pollution permits will be required from local, state or federal authorities. 5. Due to the Site's urban nature, there is minimal vegetation and wildlife and no threatened, endangered, or other species of special concern, rare plant, animal or natural communities, or other significant habitats present at the Site. 6. The Project will have no impacts upon agricultural resources. 7. From an aesthetic standpoint, the Project will replace underutilized or vacant structures with new, aesthetically pleasing buildings. The Project also has an extensive landscaping plan and will result in significant improvements to the entrance to McCarthy Parka Thus, the Project will not have a significant impact upon aesthetic resources. 8. The Project will have no impact upon cultural resources in or eligible for inclusion in the State or National Register of Historic Places and, thus, will not impact any potential archaeological resources. 9. 9. The Project will remove some underutilized open space and recreational resources. However, the somewhat dilapidated tennis courts currently on the Site will be reconstructed within McCarthy Park and significant improvements will be made to the entrance to McCarthy Park at Cordova. Thus, overall, the Project will enhance recreational resources. 10. The Project will not generate significant volumes of refuse and there is more than sufficient land fill capacity in Western New York to accommodate the waste to be generated by the Project. 11. The Site has been used in the past for the disposal of fill materials (the Site was part of an active quarry during the first half of the 20th Century) and testing revealed low levels of contamination. Legacy has applied for and plans to remediate the Site under the Brownfield Cleanup Program. 12. The Project will result in an increase in peak traffic in excess of 100 vehicle trips per hour. However, traffic counts on the existing roadway network suggest that the Project will not significantly impact the ability of the roadway network to handle peak hour traffic. In addition, the Project is being constructed in close proximity to a Metro Rail station to facilitate use. of public transportation. Project residents are also expected to embrace walking, biking and other alternative means of transportation. Accordingly, the Project will not adversely impact vehicle or pedestrian traffic. 13. The Project will not result in a significant increase in the use of electricity or natural gas. -3- 14. The existing noise environment for the Site and surrounding area is generally characterized by commercial, industrial and residential urban use. During construction activities, the Project may temporarily generate noise that exceeds background levels However, any increase in noise levels will be associated with short -term construction activities which will take place during daylight working hours when noise sensitivity is lowest. 15. There will no significant odors associated with the Project. 16, The Project will not require any extensive changes in levels of service from community resources or facilities or adversely impact local public safety services, such as police and fire protection. 17. Considering all of the above, the Project will not have a significant adverse impact upon the environment and a negative declaration pursuant to SEQR is hereby issued. 18. This Negative Declaration has been prepared in accordance with the requirements of SEQR (Article 8 of the Environmental Conservation Law). Supporting Documentation: 1. Letter of Intent from Phillips, Lytle LLP on behalf of Legacy dated May 28, 2013 requesting that the Planning Board assume the lead agency role including all exhibits attached thereto. 2. Letter of Intent from Phillips Lytle LLP dated November 15, 2013 requesting Site Plan Approval and certain Area Variances including all exhibits attached thereto. 3. Part 2 of the Full EAF. This Resolution was adopted by a majority vote of the Planning Board on December 3, 2013 and shall serve as Part 3 of the Full EAF as well as the Negative Declaration (as defined in 6 NYCRR 617.2(y)) for the Project and is issued by the Planning Board, acting as lead agency, in a coordinated environmental impact review pursuant to SEQR. Copies of this resolution shall be filed with the following: (1) The Mayor of the City of Buffalo; (2) The Planning Board; (3) The interested and involved agencies; and (4) Legacy. In addition a notice of this Negative Declaration shall be filed in the Environmental Notice Bulletin ( "ENB "). For Further Information Contact: RECEVED AND FILED The City of Buffalo Planning Board -4- c/o Martin Grunzweig Land Use Control Coordinator Room 901 City Hall Buffalo, New York 716 -851 -5085 Doc #Q1- 2734865.1 -5- �t FROM THE OFFICE OF STRATEGIC PLANNING City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 14 PASSED December 23, 2013 Strat Plan - Permission to Grant Extension - Legacy Building Co Parcel 71 Gerald A Chwalinski City Clerk �. Q :� 0001.4 # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 16, 2013 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Grant Extension to Developer - Legacy Building Company LLC d /b /a Legacy Development 1 Parcel 71 NYL & W RR SBL 79.70 -2 -16.11 For a Residential Community (the "Property ") University District Prior Council Reference: Item No. 9, C.C.P. 12/26/2012 Pursuant to Item No. 9, C.C.P. December 26, 2012 Your Honorable Body approved the designation of Legacy Building Company LLC d /b /a Legacy Development ( "Developer "), 20 Ramsdell Avenue, Buffalo, New York 14216 and /or a corporation , partnership or other legal entity to be formed by Developer, as Developer of the above referenced property. The designation was for twelve (12) months from the date the Common Council approved the designation. The designation will expire on December 26, 2013. The City is currently negotiating with Legacy Development the terms and conditions of the Land Disposition Agreement. The Office of Strategic Planning, Division of Real Estate is requesting that the designation period for the Developer be extended for an additional twelve (12) months to December 26, 2014. All other terms and conditions in the designation shall remain the same. Christie R. Nelson Director of Real Estate Officecf St ategic Planning CRN:pIg V Permission to Grant Extension to Developer — Legacy Building Company LLC d/b /a Legacy Development (Univ) (Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 16, 2013, be received and filed; and That the Common Council hereby approves the extension of the designation period for Legacy Building Company d /b /a Legacy Development for an additional twelve (12) months. The extension period will expire December 26, 2014. F : . WULD C:Oxuments and SeltingslclehnerU ocal SettingsU mpo—y Intemet Files1OLK1DTemission to Grant Extension 10 Developecdocs ar *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] * (� [213 - 6] [3/4 - 7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 15 PASSED December 23, 2013 Strat Plan- report of Sale 269 &271 Hampshire -264 Massachusetts, 359, 369, 371 & 384 Normal, 12, 16 & 20 Sherwood(Nia) Gerald A Chwalinski City Clerk JAN 0 2014 5S �] d 9- HN hIuz Cl =1 - 11 _-i 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 16, 2013 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale — Buffalo: Neighborhood Stabilization Corporation — For the Purchase of 269 & 271 Hampshire (Vacant Lots), 264 Massachusetts (Vacant Lot), 359, 369, 371, & 384 Normal (Vacant Lots), 248 Vermont (multiple dwelling) and 12, 16 & 20 Sherwood (Vacant Lots) Niagara District Prior Council Reference: Item No. 7, C.C.P. 12/11/2012 Pursuant to Item No. 7, C.C.P. 12/11/12 Your Honorable Body approved to designate Buffalo Neighborhood Stabilization Company Inc. (BNSC) or an entity to be designated by BNSC as Developer of the above referenced properties. The fair market value of 11 above referenced properties was established at Fifty Thousand Two Hundred Dollars ($50,200). The designation was provided by the City to allow BNSC time to provide sufficient funds for the purchase and construction of said project. The 11 city owned properties are part of their project to revitalize 26 properties on the West Side in consultation with Housing Visions Consultants (HVC). BNSC proposes to construct and manage the Mass Ave Community Homes (MACH) approximately a 46 unit high quality affordable rental housing development on Buffalo's West Side. The project will include 7 substantially rehabilitated and 9 newly constructed buildings, which will consists of 13 one bedroom units; 12 two bedroom units; 30 three bedroom units and 1 four bedroom unit. Five units will be adapted for person(s) who have mobility impairment and 3 units will be adapted for person(s) who have hearing andlor vision impairment. The total project costs are estimated at $12.4 million. The financing for MACH will primarily utilize the following permanent funding sources: Low Income Housing Tax Credits (LIHTC) and State HOME funds from NYS Homes and Community Renewal (HCR). BNSC intends to.utilize private bank equity and LIHTC for project financing. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. BNSC has also agreed to pay for the cost of transfer tax and recording fees. 0 December 16, 2013 Re: Report of Sale Buffalo Neighborhood Stabilization Company Inc. Page 2. I am recommending that Honorable Body authorize the Office of Strategic Planning, Division of Real Estate to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same Christie . Ison, Director of Real Estate Offiepl6f Stra gic Planning s CRN: pig C: inrem/private sale/ Buffalo Neighborhood Stabilization Council Report of Sale Report of Sale —269 and 271 Hampshire, 264 Massachusetts, 359, 369, 371 and 384 Normal, 248 Vermont and 12, 16, and 20 Sherwood (Nia)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 16, 2013, be received and filed; and That the offer from the Buffalo Neighborhood Stabilization Company, Inc. (BNSC), or an entity to be designated by BNSC as Developer of the properties, in the amount of Fifty Thousand Two Hundred Dollars ($50,200.00) for the purchase of 269 and 271 Hampshire, 264 Massachusetts, 359, 369, 371 and 384 Normal, 248 Vermont and 12, 16, and 20 Sherwood 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 CmS menls W S.UhpUelurePL l Fa. OLK1DUI poet d Me -269 md271 H— pshire.doc /.SJ *AYE* NO FONT-ANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH -------- - - - - -] [ MAJ - 5 ]� [213 - 6] [314 - 7] #2 (Rev. 1193) Two (2) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 19, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 130 Hawley, 261'S Letchworth Lot Size: 25'x 133' Assessed Valuation: $3,000 132 Hawley, 236'S Letchworth Lot Size: 25'x 133' Assessed Valuation: $3,800 134 Hawley, 21 1' S Letchworth Lot Size: 25'x 133' Assessed Valuation: $3,800 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from James Toolen LLC, 1131 Delaware Avenue, Buffalo, New York 14209 to purchase 130, 132, and 134 Hawley Street. James Toolen LLC intends to construct a residential rental property. Proof of financial ability for the purchase and construction have been provided and reviewed by the Division of Real Estate. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by.the Division of Real Estate showing similar sales in the area range from Seventy Five cents ($.75) per square foot to One Dollar and Sixty cents ($1.60) per square foot. James Toolen LLC has agreed and is prepared to pay Twelve Thousand Dollars ($12,000), One Dollar and Twenty cents ($1.20) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 130, 132, and 134 Hawley in the amount of $12,000. *12 14o I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE TITLE: DIRE9TOR OF REAL ESTATE OFFICE OF STWATE-GIC PLAKN1 SIGNATURE OF DEPARTMENT HEAD: CN Repsale inhouse Hawley construct dwellingisales REFERRED TO THE COMMITTEE ON COIAMUNfTY DEVELOPMENT. AN FROM THE COMPTROLLER December 23, 2013 000 J-7 X) Certificate of Necessity Increased Appropriation We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -11 of the Charter, that an increase in the sum of $ 1,500,000 in the estimate for the fiscal year beginning July 1, 2013 is necessary in the Department of Permits & Inspections to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance- Restricted, appropriated for this purpose. The details of the requirements are set forth below: From: 10700096 - 39700 Fund Balance- Restricted $ 1,500,000 To: 16550007 - 471010 Permits & Inspections — Land Improvements $ 1,500,000 � BYRON W. BRO N MAYOR fr/10bri MARK J. F. S NROEDER COMPTROLLER a 0 1 S Certificate of Necessity Transfer of Funds �l 5 We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 200,000 be transferred and reappropriated as set forth below: From: 34000106- 445100 Planning Capital Projects $200,000 To: 30300506- 445100 Landfill Management $ 200,000 �� /f► � V�jo ' BYRON BRO MAYOR wV Z�' MARK J. F. SCHROEDER COMPTROLLER RECEIVED AND FILED I Gb TO: Peter J. Merlo, P. E. City Engineer FROM: Michael J. Finn, P.E. Principal Engineer — DPW Con t uction Division DATE: October 15, 2013 SUBJECT: Bern Metal Landfill Funding Mononitoring, Maintenance and Other Improvements Ordered by DEC The NYSDEC has ordered the City to address landfill cap deficiencies at the Bern Metal landfill as evidenced in the attached letter addressed to Mayor Brown. I am requesting that $75,000 be made available to enter into a 1 year contract with ARCADIS for to assess the deficiencies, propose remedies and prepare design documents for the City to procure a contract to addess the remedy. These are one -time costs as the City is able to address the on -going maintenance (lawn mowing and animal trapping, etc) with its own forces. The Comptroller's Office has advised this office that there is $168,336.20 of cash remaining in account 31548906, Squaw Island Remediation Grant and that those funds can be transferred to the general fund and then directed to an account to be used specifically for this purpose. The Construction Division requests that you discuss this possibility with the Office of Administration, Finance, Policy and Urban Affairs at your convenience. Note that there are approximately $150,000 - $100,000 in construction funds that will be necessary after the completion of the design work. A separate request for that amount will be submitted when the design gets to the point that a more precise estimate can be submitted. Note also that the City will seek remedies that will help to reduce the on -going maintenance of trapping animals that burrow into the landfill. These improvement will allow the City to reduce its labor cost for maintenance. New York State Department of Environmental Conservation Am of Environmental Remediation, Region 9 270 Michigan Avenue, Buffalo, New York 14203 -2915 Phone: (716) 851 -7220 - Fax: (716) 851 -7226 Website: www.dec.ny.gov qW Joe Martens Commissioner May 8, 2013 Honorable Byron Brown Mayor, City of Buffalo 65 Niagara Square Buffalo, New York 14202 Dear Mayor Brown: Bern Metal Corp., Buffalo Erie County, Site Na.: 915135 This letter is a notification that the City of Buffalo continues to be out of compliance with the Consent Decree (the Order) #02- CV- 0277C(SC) for failure to maintain the Bern Metal Site. The City, as a Cooperating Potentially Responsible Party (CPRP), is required to implement the Operation, Maintenance & Monitoring Plan as cited in item Recitation R -12, paragraph 7 of the Order. The Order requires the City's completion of tasks as required with the Site's Operation, Maintenance and Monitoring Plan (OM & MPlan), Blasland, Bouck & Lee, Inc.; March 2003 - Rev. April /May 2003. Enclosed for your information is a copy of the last correspondence the Department has received from the City in response to repeated requests for repair and maintenance at the Site by the Department. Elements of site maintenance are still outstanding and have not been adequately addressed to the extent that a Certification of Engineering Controls may be acceptable to the Department. As cited in the enclosed letter from the City, a consulting engineer was expected to be contracted in the Spring of 2012 to address slope failure on the landfill. To this date, no documentation or work plans have been submitted to the Department to verify if such a consultant has been hired or if repairs to the landfill are to be made and completed. No dates - have been proposed for initiation or completion of this work. The Department has repeatedly notified the City, through correspondence to Mr. John Heffron or Mr. David Rodriguez, of outstanding violations. The latest letter was sent on December 6, 2011, which cited the deficiencies and requested written responses to address Corrective Measures. Honorable Byron Brown May 8, 2013 Page 2 A written response including an updated and acceptable Corrective Measures Work Plan (CMWP) detailing work to be completed and a timetable for completion is requested by May 24, 2013. If you have any questions or comments, please contact me at the above address or at 716 -851 -7220. If you would like to discuss the legal requirements cited in this letter, please contact Patrick Foster, Esq., NYSDEC Office of General Counsel, at 716 - 851 -7190. Sincerely, 7 ' t — � �tz"610 L) Martin L. Doster, P.E. Regional Hazardous Waste Remediation Engineer MLD:sz ec: Patrick Foster, Esq. - NYSDEC Mr. David Szymanski - NYSDEC Mr, Matthew Forcucci - NYS Department of Health John Heffron, Esq. - City of Buffalo Department of Law Mr. Dennis Sutton - City of Buffalo Office of Strategic Planning R. Hugh Stephens, Esq. - Stephens & Stephens, LLP cc: Estate of Bernard Arwitz, c/o Gerald Arwitz l TO: Peter J. Merlo, P. E. City Engineer FROM: Michael J. Finn, P.E. Principal Engineer — DPW onstruction Division DATE: October 15, 2013 SUBJECT: Squaw Island Landfill Funding Mononitoring, Maintenance and Other Improvements Ordered by DEC The previous contract with ARCADIS (formerly Malcolm Pernie) for monitoring and maintenance of the Squaw Island Landfill has run out of funds and the Construction Division needs additional funds to continue services that are required by order of the NYSDEC. I am requesting that $125,000 be made available to enter into a 1 year contract with ARCADIS for routine groundwater monitoring, regular maintenance (lawn mowing, etc.) through the end of calendar year 2014 as well as a one -time monitoring assessment of the wetland area as mandated by the NYSDEC and one -time design services to rehabilitate the landfill cap and mandated by NYSDEC. The Comptroller's Office has advised this office that there is $168,336.20 of cash remaining in account 31548906, Squaw Island Remediation Grant and that those funds can be transferred to the general fund and then directed to an account to be used specifically for this purpose. The Construction Division requests that you discuss this possibility with the Office of Administration, Finance, Policy and Urban Affairs at your convenience. Note that there are approximately $150,000 - $100,000 in construction funds that will be necessary after the completion of the. design work. A separate request for that amount will be submitted when the design gets to the point that a more precise estimate can be submitted. Finally, approximately $50,000 will need to be budgeted annually to continue these services as required by the NYSDEC. This office will be recommending a separate request for planning funds to be made available to evaluate all of the environmental monitoring responsibilities that the City has so that a city -wide program for environmental and monitoring and maintenance can be developed that would be able to take advantage of economy of scale cost savings. FROM THE PRESIDENT OF THE COUNCIL December 23, 2013 000°9 Buffalo Police Cellblock 121. West Eagle Street Buffalo, N.Y. 14202 November 22, 2013 Buffalo Common Counsel 1315 City Hall Buffalo, New York, 14202 Dear Sirs: We are writing on behalf of the employees who work as Cellblock Attendants, in order to bring a few key problems concerning the Cell Block Attendants position at Central Booking to your attention. We are confident from previous encounters that the buck stops with you, and that you strive to remain fiscally conscientious. So after much deliberation and discussion, we have decided to plead our misfortune to you as our success is directly entangled with your success. Currently, we are understaffed with 18 Cellblock Attendants, and there is not enough manpower to completely staff the City Cellblock. To efficiently run the city cellblock, a minimum of 24 cellblock attendants are needed to be efficient. Cellblock attendants are individually being forced to work an average of 50hrs of overtime per week. This burden has taken its toll not only on the exhausted Cellblock Attendants, but their neglected families. Tensions are high as each Cellblock Attendant salary doesn't reflect their level of responsibility, and after working a 90 hour work week, cellblock attendants still struggle to pay their bills. Due to the shortage of qualified personnel, police officers are filling the staffing needs at 3 times the pay on overtime to cover the manpower issues. Previously the city's cellblock became civilianized to ensure that police were able to address their own manpower issues on the street. What seems to be perplexing to many is that in the same spirit, the overtime issues are being filled with police overtime. Police officers don't have the training on how to properly search a detainee. The Iiability and insurmountable risk that is created when the decision is made to pull BPD Police officers off the street, and away from gun calls to sit and watch movies at Central Booking isn't fiscally or conscientious responsible. Forcing a police officer to perform a job in which they were not trained for, while pulling them off the job that they have been trained to do is a waste of the government's resources. Police officers are trained to do a quick frisk and pat search for weapons based on Terry vs. Ohio. A Cellblock Attendant's search differs in that CBA searches are more detailed: CBA are looking for a needle in a haystack, or a dime sized crack rock in a first down winter coat, while police officers are checking for bulging weapons. Based on the police officers lack of knowledge of the cellblock attendant's duties and responsibility, police officers are paid to simply sit in the cell block. We believe that this is fiscally irresponsible and it continues to annihilate the morale in the cellblock. I� � November 22, 2013 Page 2 Due to the low wages, Cellblock Attendants live in the same areas targeted as high crime areas by the Buffalo Police Department. Police Officers are not required to live in the city of Buffalo as it poses significant risk to the officer, and their families while off duty. Cellblock Attendants work in a volatile environment, as central booking is where every combative, uncooperative detainee is confined for an unspecified amount of time, which has reached up to 72 hours. Cellblock Attendants are Peace Officers who are often targeted by detainee's who have associated their misfortune with the cellblock attendants' position and authority. While these are some of the dangers that come with the position, it is becoming clear that it is not worth the risk of a mere $10.78 per hour. On one occasion CBA Bennett, CBA Housler, & CBA Rossi were leaving 121 W. Eagle Street when they were confronted by a recently arraigned individual who reached under his seat, while driving, and made several threatening motions which implied that he was reaching for a weapon. On another occasion around Nov. 9"' 2013, a former detainee showed up at CBA S. Richardson second job with a weapon to kill him merely because he signed on charges against him. These are just a few of the factors that influence the high turnover rate. As success mimics success, we have Laidlaw as a model and blueprint to a set of ideas and fallacies. To continue the reckless way of thinking that the city can continue to allow the cellblock staff to reach a dangerously low staff level before the training of new individuals. To quote our union leadership, "It's okay because the City of Buffalo will always have someone else to hire ", this was foolish when Laidlaw found itself losing the majority of its skilled employees to the NFTA and it's exceedingly irresponsible for the city to repeat this course of action. Just like the Erie County Sheriffs and the NYS Correction Officers, Buffalo Police Cellblock Attendants work in an extremely hazardous environment. Often detainees exhibit behavior that places the Cellblock Attendants and their families' lives at risk. For example, on numerous occasions, detainees have spit on, hurled feces at, and ejaculated toward the cellblock attendants. In conjunction with the physical threats, cellblock attendants are subjected to many detainees with severe health risks such as MRSA, Aids & HIV, hepatitis C, tuberculosis, uncapped needles, blood contact, and women on their menstrual cycle, clothing saturated with urine and feces, the psychologically insane, and many emotionally unstable individuals, to name a few. Cellblock Attendants also do psychological screenings and classify detainees prior to putting them into a prison population. Cellblock Attendants require the aptitude to identify diverse prescription and non prescription medicine as we are often called upon to oversee the administration of each detainees medicine. The difference between the ECS Sheriffs, BPD Cellblock Attendants and NYS Corrections is that cellblock attendants aren't compensated for the risk or hazardous work environment. It has been explained on more than one occasion by an ineffective union that the City officials don't care about the high turnover rate, that we are inexpensive and replaceable. I would like to caution the Common Council that while you may be able to replace the bodies with inexperienced, unqualified, and unlearned cellblock attendants, you will be losing vital leadership, tactfully & technically proficient individuals who play an essential role within the law enforcement community. Can you imagine the time lost by police officers at the Central Booking awaiting an inexperienced employee to book their arrest? 61 November 22, 2013 Page 3 Instead of the 15 minute average that takes place now, police officers would spend less time on gun and drug calls because of being tied up at central booking. The chaos would be comparable to what would happen if the military lost its entire Noncommissioned officers and Commissioned officers, and was lead by privates. A great case in point happened November 19 2013 when there were only 4 cellblock attendant able to work the cellblock that day due to the other 12 taking the Buffalo firefighter's exam. The only option was to violate the cellblock attendant contract with the city by ordering the individuals back to work. As time has passed since the City of Buffalo has taken back control of housing their prisoners, the hiring of the Cellblock Attendants position has deteriorated. The last class that was hired on Oct. 21 was scheduled for 8 new employees which, deteriorated into three individuals who weren't required to take drug test. The Cellblock Attendants were told that it wouldn't be feasible to give the peace officers a drug test. This is a great safety concern in that CBA are peace officers who make arrest and often testify in court. The Buffalo Police department has a zero tolerance drug policy and now they're allowing officers to work in a peace officer capacity without going through the proper protocols. We firmly believe that to be effective the position needs more restrictions and a higher rate of pay so that the city will be in a position to attract the right candidates. As of today's date, the cellblock position is a position with no growth opportunity and which doesn't pay well. Past practice would allow for the cellblock attendants to take the exam promotional to police officer. Second, the announcement for the Senior Cellblock Attendant position has yet to be offered. The position is set up for a high turnover rate in which people will continue to receive the peace officer status and experience for a year and then seek other employment. This contributes to the fact that cellblock attendants are being forced to work on their days off, and neglect time with their families. We strongly recommend that if the Buffalo Common Council and the current administration are seriously considering adding the female detainees that they address the cellblock attendant position prior in order to ensure that there is enough manpower to staff both facilities. I respectfully request that the Cellblock Attendants are issued a badge to indicate a physical symbolic depiction of our position as Peace Officers and our integral role within the law enforcement community. Due to our lack of a professional appearance, our authority and status as Peace Officers is always being questioned. Our uniform and title implies that we're nothing more than janitors. On several occasions, while being summoned to testify in court, judges, assistant district attorneys, and the defense attorney, are among others have questioned our status and responsibility as Peace Officers. Captain Mark Antonio recently had to clarify a situation in the cell block and with local 264 as to whether or not Cellblock Attendants are permitted to sign their own accusatory, due to the assumption that CBA's are nothing more than security guards. A professional appearance, also promotes a competent, technical & tactfully proficient workforce and sets the tone, and keeps in perspective that CBA's work for a Para- military organization in a secure facility. I respectfully request that CBA's be allowed to wear a sew -on badge on the Polo shirts and a tin badge on the court dress shirts. These simple changes would go along way and promote a positive change. Other civilian employees who have a professional appearance, badges, and similar success are as follows: school crossing 0 November 22, 2013 Page 4 guards, Parking Enforcement, Buffalo Police Reserve, Animal Control & school security guards. Even the Buffalo Explorers have a professional appearance. The cellblock attendants should also be sworn in as sworn peace officers as this is what is required for the position. The way in which the cellblock attendants' position was embarked upon is criminal at best! Cellblock Attendants are the only officers that transport prisoners and provide security in Buffalo City Court without duty weapons. We also have to constantly deal with combative detainees while the cell doors at central booking consistently malfunction. These are just a few of the issues that we feel contribute to the high turnover rate and waste of tax payers money. Thank you for your time and consideration. Respectfully submitted, 5� REFERRED TO THE COMMITTEE ON CIVIL SEWCE. The Buffalo Police Cellblock 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS December 23, 2013 010 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2013 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10692 Install Nor-Parking on Rother Avenue, east side [: between a point 400 feet north of the north curb of Stanislaus Street [: and a point 100 feet north therefrom [; ( Fillmore District) PRIOR COUNCIL REFERENCE: (IF ANY) [ Ex. ( Item No. xxx, C.C.P. xxlxx/xx) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Rother Avenue, east side At all times between a point 400 feet north of the north curb of Stanislaus Street and a point 100 feet north therefrom This action is being taken at the request of Response to Love Center to provide an area for loading and unloading of handicapped clients. WDU $— — SJS/PJM/EDS/RWS RECEIVED A ND FLED TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10692.dw) C� rand t dne of n lir b. Is womprOf is so rill a no ip tullOn 0,0 t,.-w sl�o 0 4wh*" r rp Tat said; weu!�Id pi"" MW99r rig orest clireotiy in tent the ar i Wr AMP ,"00 our bits - ,cart aasil 0ow" vllolog- our e p�'�i�l ®m v�vitCl;�u�r�p �p � g� t �� �� #�� � �' �m� f r b�tit� �a nth ���it�>r � �+1�� s� An p eople makin i *laase,adulse to tics t d4i'Sig"010. 0�� k aid dl� old#* al s teps we tread t oorb M d6at tor 0 A pad a P�Iwnpoqr nq,�;I.Foas-o. Y ,w, do lNuotaordt, joypino boto j�.dip #JOW P sShOWWOO tM r rrtp grid howpowplo ore p(rW T 16W safety popoorn, a u 0 �.,eod t ci� r."te Qbl k fhW tdAdWaV't h[ 6A OUd 0 a P. iri Vail o 'thank yot( for your E- f I, il A City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 21 Change in Contract - Lafayette Iee Rink Improvements PASSED December 23, 2013 Gerald A Chwalinski City Clerk Cn �. -n T1 Cn #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 00®`1. TO: THE COMMON COUNCIL DATE: December 11, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Lafayette (NB) Ice Rink [: Improvements [: Job 41249 [: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [; (EX.: Item No. CCP ) TEXT: I hereby submit to Your Honorable Body the following change for Lafayette (NB) ice Rink, Improvements, S & W Contracting, C #93001161. 1) This change includes labor and materials required for the installation of Add $ 18,000.00 an underlayment on the new concrete floor due to moisture content and is required to facilitate the new flooring installation and warranty. The foregoing change results in a net increase in the contract of Eighteen Thousand Dollars and 001100 ($18,000.00). Summary: Current Contract Amount $980,868.88 Amount of this Change Order $ 18,000.00 Revised Contract Amount $998,868.88 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35323106 445100 —Buildings. SJS /PJ.M /PS /jlj cc: Comptroller's Office Buildings J. Jacobs, Buildings Department Head Name: Peter J. Merlo,_P.E. Title: City Engineer Signature of Department Head: ��1 Change in Contract — Lafayette (NB) Ice Rink (Del) (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 December 11, 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 #1 in the amount of $18,000.00 (Original Contract Amount $980,868.88 + Change Order #1 $18,000.00 for a Revised Contract Amount of $998,868.88) for Lafayette (NB) Ice Rink Improvements, S & W Contracting, C #93001161. Funds for this project are available in Account #35323106 445100 Buildings. PASSED CADocumenis and Setlingsklehner\Local SettingskTemporary Internet FilesMKIDThange in Contract - Lafayette Ice Rink,doc �� E FONTANA FRANCZYK * GOLOMBEK LOCURTO PRIDGEN RWERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 51 * a [213 - 6] [3/4 - 7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 22 PASSED December 23, 2013 Change in Contract -City -Wide Bond Specific Island Curb Replacement & Durham St Reconstruction Gerald A Chwalinski City Clerk JAN 0 6 2014 M iv - s � � T' 000 ), #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 12 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: Liro Engineers Inc. j: City -Wide Bond Specific Island Curb [: Replacement and Durham Street Reconstruction [: Contract #93001182 PRIOR COUNCIL REFERENCE: (IF ANY) I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary for additional services needed to procure the construction contract for island curb replacement in separate construction contracts as opposed to one contract as the Department originally assumed. This revision was directed by the Comptroller's Office. Existing Contract Amount $202,618.49 Increase in Contract $ 5,900.00 Total Contract to Date $208,518.49 Funds are available in Capital Projects Account ff 36319406 - 445100 and/or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Lira Engineers Inc. PJM:SJS:MJF:IIf TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: Change in Contract — City -Wide Bond Specific Island Curb Replacement (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 December 12, 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 #1 in the amount of $5,900.00 (Original Contract Amount $202,618.49 + Change Order #1 $5,900.00 for a Revised Contract Amount of $208,518.49) for City -wide bond specific island curb replacement and Durham Street Reconstruction, Liro Engineers, C 493001182. Funds for this project are available in Capital Projects Account #36319406 - 445100 and/or an account to be named at a future date. PASSED C'ADocuntents and Settingsklehne6Local Settings\Temporary Internet Files\OLK1DThange in Contract- city -wide island curb replacemeni.doc � 6 L') *AYE* NO FONTANA * FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ MAJ - 51 a [213 - 6] [3/4 - 7 ) City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 23 PASSED December 23, 2013 Disposal of Equipment (St Lt Standards) Gerald A Chwalinski City Clerk c - s V. r-n o.% JAN 0,6 2014 Q 0 'W d� l � 1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 17, 2413 FROM: DEPARTMENT: Public Works, Streets, and Parks SUBJECT: [:Disposal of equipment f� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxtxx) The Department of Public Works is requesting permission to dispose of obsolete street light standards and equipment by means of auction or scrap, whatever method the Division of Purchase determines will generate the best revenue. If permission is granted the Division of Purchase will start the process for disposal, SIGNATURE DEPARTMENT HEAD TITLE : Steven J. Stepniak, Commissioner I, A Disposal of Equipment (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Department of Public Works, Parks and Streets, dated December 17, 2013, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to dispose of obsolete street light standards and equipment by means of auction or scrap, by whatever method the Division of Purchase determines will generate the best revenue. PASSED C:Viaeumems and Settingslclehnui Ll Cal SetiingslTemporary Iutemet FkAOLKIDOispoW ofequipment,dccz �� 0 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SM[TH [-------- - - - - -] [ MAJ - 5 ] [Z /3 - 5] [3/4 - 7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 24 Encroachment Into City ROW - 929 Tonawanda PASSED December 23, 2013 Gerald A Chwalinski City Clerk APPROVED r� r-n Cn JAN 0.6 2014 000 4 41 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2013 FROM: Department of Public Works, Parks & Streets DIVISION: Traffic Engineer SUBJECT: [: 929 Tonawanda Street; Encroachments into Right of Way Mr. Karl D. Henry, Architect, acting as agent for Mr. Khin Mang Soe, owner of the property at 929 Tonawanda Street has requested permission to encroach City Right of Way at said address. These encroachments are necessary to convert an existing bowling alley into a grocery store. The encroachments include a landing, stairs, and a glass store front on Tonawanda Street and a door which opens onto City right of way on Crowley Street. The Department of Public Works, Parks and Streets has reviewed this application in accordance with Chapter 413 -67 (Encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body, the commissioner will issue a "Mere License" for installation provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the encroachments as long as they remain within City right of way. 4. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Charter. 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount 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 or removal of said encroachments within City right of way. SJS:PJM:dak DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: �'i Encroachments into Right -of -Way — 929 Tonawanda Street (North)(DPIS) 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 December 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 issue a "Mere License" to Mr. Karl D. Henry, Architect, acting as agent for Mr. Khin Mang Soe, owner of the property at 929 Tonawanda Street, to encroach the City right -of -way at 929 Tonawanda in order to convert an existing bowling alley into a grocery store provided the following conditions are met: • That the applicant obtain any and all necessary City of Buffalo permits; • That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; • That the applicant be responsible for maintenance of the encroachments as long as they remain within the City right -of -way. • That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachments as described in Chapter 413 -67(F) of the City Charter; and • That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount 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 or removal of said encroachments within the City right -of -way. PASSED C:1Docwn N and SetGngsWehnerUI Cal SCtOT1 ffemporary Infemet Fi1e5%OLKIDlEu,wch ROW -929 To-Ii da.decx �4 1� *AYE* NO * FONTANA FR.A_NCZYK * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL * T SCANLON SMITH [-------- - - - - -] [MAJ- 5] * G [213 - b] [3/4 - 7 ] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 25 PASSED December 23, 2013 Permission to Enter into Agmt- Install Solar Powered Photovoltaic at Broadway Market Gerald A Chwalinski City Clerk c_ APPROVED ° ' c- F { Fr, Z! `_;, 7j .17 JAN 4 6 2014 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL n� TO: THE COMMON COUNCIL 0 0 0 @ e DATE: December 13, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Enter into Agreement [: w/ Solar Liberty to receive improvements [: for the installation of a solar- powered, [: photovoltaic electrical system at the Broadway Market [: Fillmore District PRIOR COUNCIL REFERENCE (If Any) [: #4 of 5114/13 TEXT: Your Honorable Body previously approved a request to enter into agreement with the New York State Power Authority for the installation of a solar - powered, photovoltaic electrical system on the roof of the Broadway Market to supplement existing electrical consumption. Solar Liberty is the installer of the solar - powered, photovoltaic electrical system and will also be filing the paperwork for Grant reimbursement for and /or on behalf of the City. The Photovoltaic Generating System Purchase and Sale Contract (the "Contract ") between Solar Liberty and the City incurs no cost for the City and is necessary for Solar Liberty to file the Grant reimbursements to facilitate installation of the solar powered system. hereby request that Your Honorable Body authorize the Mayor and/or other appropriate City .staff to execute the Contract and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the installation of the solar powered system and to facilitate the City of Buffalo's receipt and utilization of grant funds associated with the implementation /construction /installation of the subject photovoltaic electrical system. SJS /jlj Cc: D. Connors - Buildings Department Head Name: Steven J. Stepniak Title: Commissioner of Public - , kor, Parks & Streets Signature of Department Head: Permission to Enter Into Agreement — Install Solar - Powered Photovoltaic Electrical System at the Broadway Market (Fill) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 13, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and/or the Commissioner of the Department of Public Works, Parks and Streets to execute the contract with Solar Liberty and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the installation of the solar powered system and to facilitate the City of Buffalo's receipt and utilization of grant funds associated with the implementation /construction/installation of the subject photovoltaic electrical system. PASSED CASDocuments and SettingsklehnerUocal SettingATemporary Internet Files10LMI)Vermission to Enter Into Agreement - Broadway Market.docx A *AYE* NO FONTANA * FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN R VERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MA1- s ] * 17 [213 -6] [314 - 7] City Clerk's Department BUFFALO Deeember 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 26 PASSED December 23, 2013 Report of Bids - Gloria Parks Roof Reconstruction Gerald A Chwalinski City Clerk .. 3 3 r..3. c� C. _ - cri � _ G.rT JAN 06 2014 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2013" FROM: DEPARTMENT: Public Works,. Parks & Streets _ DIVISION: Buildings SUBJECT: [: Report of Bids Gloria Parks Community Center Roof Reconstruction Rehabilitation Project CDBG Funded Year 38 - 01201 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: I advertised for on October 29, 2013 and received the following sealed bids for Gloria Parks Community Center, Roof Reconstruction Rehabilitation Project, which were publicly opened and read on November 19, 2013. General Construction Base Bid Allowance *Jos A. Sanders & Son $ 41,856 $15,600 107 Lathrop St., Buffalo, NY Progressive Roofing $ 95,500 $15,600 331 Grote St., Buffalo, NY Grove Roofing $107,750 $15,600 131 Reading St., Buffalo, NY Weaver Metal & Roofing $180,000 $15,600 40 Appenheimer Ave., Buffalo, NY Jameson Roofing $215,500 $15,600 106 Evans St., Hamburg, NY *Jos A. Sanders & Son was deemed non - responsive due to incomplete proposal bond. I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing with a base bid of $95,500.00 plus Allowance of $15,600.00 for a total amount of One Hundred Eleven Thousand One Hundred Dollars and 001100 ($111,100.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9C2017 - 470000 - Buildings. SJSIPJM /JFIFG /ilj cc: Comptroller's Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P. E. Title: City Engineer Signature of Department Head: 1�.� Report of Bids — Gloria Parks Community Center Roof Reconstruction Rehabilitation Project — CDBG Funded (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 December 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 enter into an agreement for the Gloria Parks Community Center, Roof Reconstruction Rehabilitation Project with Progressive Roofing with a total bid of $111,100.00 (Base Bid of $95,500.00 + Allowance of $15,600.00 for a total amount of $111,100.00). Funding for this project is available in Account CH9C2017 - 470000 —Buildings. PASSED C:Oocuments and SettingslelehnerNLocal Settings\Temporary hit met Files1OLK1Daeport ofBids- Gloria Parks rehab prcject.doc , l A *AYE* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN R1 VERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ' 5] [213 - 6] * �* [3/4 - 71 City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 27 PASSED December 23, 2013 Report of Bids - Polonia Hall Community Ctr Rehab Project Gerald A Chwalinski City Clerk 0 APPROT"D -r: 14 0'6 20 JAN .�-s.. M #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 16, 2013 FROM: DEPARTMENT: Public Works. Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Polonia Hall Community Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 10205 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: I advertised for on October 29, 2013 and received the following sealed bids for the Polonia Hall Community Center, Rehabilitation Project, which were publicly opened and read on November 13, 2013. Mechanical Construction Base Bid Greater Niagara Mechanical, Inc. $76,200 7311 Ward, Tonawanda, NY Miller Enterprises $98,700 12 Newfield, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, Inc. with a base bid of $76,200.00 plus 10% contingency for $7,620.00 for a total amount of Eighty Three Thousand Eight Hundred Twenty Dollars and 001100 ($83,820.00) 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 the work on the basis of the low bid. Funding for this project is available in CH9M2057 - 470000 - Buildings. SJS /PJM /JF /FG /JIj cc: Comptroller's Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: _ 1� A& Report of Bids Polonia Hall Community Center Rehabilitation Project (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 December 16, 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 Polonia Hall Community Center Rehabilitation Project with Greater Niagara Mechanical, Inc. with a total bid of $83,820.00 (Base Bid of $76,200.00 + 10% contingency of $7,620.00 for a total amount of $83,820.00). Funding for this project is available in CH9M2057 — 470000 — Buildings. PASSED C:Wocuments and SettingsklehnerlLocal SetlingslTemporary Intemet FilesIOLKIlIIReport of Bids - Polonia dell.= _/ *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL, SCANLON SNETH [-------- - - - - -] [ MA3 - 5 ] [213 - G] * "I [314 - 7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 28 Report of Bids -Meals on Wheels Equipment Project PASSED December 23, 2013 Gerald A Chwalinski City Clerk I� JAN a 6 2014 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ®o, 0 TO: THE COMMON COUNCIL DATE: December 20, 2013 FROM: DEPARTMENT Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Meals on Wheels Foundation of NY [: Equipment Purchase Project [: CDBG Funded Year 39 -50203 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: Meals on Wheels Foundation of Western New York has and received the following sealed bids for Natural Gas Generators (Quantity 3 Generace 150 kW Generac Liquid Cooled Generators -450kw System) for Meals on Wheels Commissary: 100 James E, Casey Drive, Buffalo New York, 14206. Equipment Provider Zenner & Ritter 3404 Bailey Avenue Buffalo, NY, 14215 Ferguson Electric Construction Co., Inc. 333 Ellicott Street Buffalo, NY 14203 Equipment General Conditions Labor Total Cost $128,920.00 $48,683.00 $3,000. $180,603.00 $131,200.00 $47,100.00 $16,500. $194,800.00 *Allen Electrical provided in provided in provided in $201,205.36 & Mech., Inc Damp sum lump sum lump sum 7611 Southwestern Blvd. Eden NY 14207 *Allen Electrical & Mech., Inc was deemed non - responsive due to incomplete proposal. I hereby certify that the foregoing is a true and correct statement of all bids received and that Zenner & Ritter is the lowest responsible bidder in accordance with specifications by Meal on Wheels Foundation of WNY. The purchase of the generators contains an incidental amount of construction activity and therefore is not covered by the federal prevailing wage rate requirements of funding under the Housing and Community Development Act of 1974, as amended. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the purchase of the Equipment only, (Quantity 3, Generace 150 kW Generac Liquid Cooled Generators -450kw System) in the amount not to exceed $120,000.00 on the basis of the low bid. The remainder of the cost will be paid by Meal on Wheels Foundation of WNY. Funding for this project is available in C19132037 - 470000 - Buildings. ILe SJSIPJMIfg cc: Comptroller's Office J. Jacobs - Buildings Department Head Name: Steven J. Stepniak Title: Commission r!, -- Signature of Department Head: Report of Bids — Meals on Wheels Foundation of Western New York Equipment Purchase Project (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 December 20, 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 Meals on Wheels Foundation of Western New York, Natural Gas Generators (Quantity 3 Generace 150 kW Generac Liquid Cooled Generators — 450 Kw System) for Meals on Wheels Commissary with Zenner & Ritter with a total bid of $180,603.00. Funding for this project is available in CI9B2037 — 470000 — Buildings. C'ADocuments and Settingslclehne NLocal SettingslTemporary Internet FileskOLKIIIReport of Bids -Meals on Wheels.docx � *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [MAJ -5l *� [213 - 6] [3/4 - 71 City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO s. Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 29 PASSED December 23, 2013 Request Perm to Accept Funds for NYSDEC Grant Gerald A Chwalinski City Clerk 3AN o,6 2014 •. CA C7, F XL)O x #1 (Rev. 1193) " SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Sanitation PRIOR COUNCIL REFERENCE: (IF ANY) DATE: December 12, 2013 SUBJECT: [: Request Permission [: to Accept Funds for [: NYS DEC Grant #C304915 [: Awarded to the City of Buffalo Department of Public Works, Parks & Streets [: No. 12 of October 1, 2013] J� Permission is hereby requested from Your Honorable Body to accept the following grant awarded to and to be administered by the Department of Public Works, Parks & Streets to be implemented and completed by January 31, 2016. Grant Name Amount Descri tp ion NYS DEC Municipal $218,850 Support recycling by reimbursing the City of Waste Reduction and Buffalo for 50% of the costs of a recycling Recycling Contract #C304915 coordinator and public awareness documents. TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner �. SIGNATURE OF DEPARTMENT HEAD: cc: Susan C. Attridge, Recycling Coordinator Request Permission to Accept Funds — NYS DEC Grant (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 December 12, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept a grant awarded to and to be administered by the Department of Public Works, Parks and Streets to be implemented by January 16, 2016 from the NYS DEC Municipal Waste Reduction and Recycling Contract, C #304915, to support recycling by the City of Buffalo for 50% of the costs of a recycling coordinator and public awareness documents in the amount of $218,850.00. PASSED 1 C:1Documents and SettingsklehnerSLocat SettingsMmparary Internet FIIesIOLKIUPermisslon to Accept Funds - NYS DEC Grant - dccz zl *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] (2/3 - b ] [3/4 7] C "" - 0 0 V V? - #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: q in the Department of Public Works, Parks & Streets Division of to the Position of Streets Equipment Operator Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 38,615 LAST JOB TITLE Truck Driver NAME Jeffrey Campeau LAST DEPARTMENT DPW DATE 12113 ADDRESS 407 Huntington Ave. LAST SALARY $37,447 CITY & ZIP Buffalo 14214 LAST 4 DIGITS O 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 15030001 TITLE CODE NO 6040 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 - 108 SALARY RANGE OF POSITION $23,169 - $38,615 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1215113 n n SIGNATURE OF APPOINTINC OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES r y #4 (Rev 7 -07) ® 0, 0 31. Certificate of Appointment hi 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 Streets to the Position of Truck Driver 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) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 24,341 LAST JOB TITLE Park Utility Worker NAME Christopher Simmons LAST DEPARTMENT DPW DATE 11113 ADDRESS 606 Kensington LAST SALARY $23169 CITY & ZIP Buffalo 14214 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L 4 DIGIT OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2013 -61 SALARY RANGE OF POSITION $23,130 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ti ° Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/25113 SIGNATURE OF APPOINTING AUTHORITY: (I e, ORIGINAL+ 2 C;UNI I U: LI I Y C;LEKK (UN/bE1 CJKE Ar1'(AN IMEN I DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYS) I FROM THE COMMISSIONER OF POLICE December 23, 2013 0003 .001 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 23, 2013 FROM: DEPARTMENT OF POLICE SUBJECT: AGREEMENT FOR THE PURCHASE, INSTALLATION & MAINTENANCE OF LICENSE PLATE READERS PRIOR COUNCIL REFERENCE: NONE BACKGROUND As part of Mayor Brown's continuing commitment to use the latest crime - fighting technology to make the streets of the City of Buffalo safer, the City has embarked on acquiring, installing and utilizing fixed license plate readers within a high risk area in the City of Buffalo. If approved by your Honorable Body, the implementation of the attached contract would be financed with previously accepted Department of Justice grant money. The benefits of license plate reading technology have been widely recognized and heralded locally and across the country, resulting in the recovery of more than 3500 stolen vehicles annually in New York City, netting hundreds of arrests in the City of Buffalo through the use of mobile License Plate Readers (LPRs) by the Police and Parking Departments and the return of a six -year old girl who had been kidnapped in the City of Buffalo earlier this year, but intercepted a short time later through the use of License Plate Reader technology in Livingston County without harm or incident. In furtherance of this purpose, on April 17, 2013, the Department of Administration, Finance and Urban Affairs, Division of Purchase, issued a Request for Proposals (RFP) to solicit bids for the provision of fixed license plate readers at a limited number of intersections within a high risk area of the City of Buffalo. Eligible applicants were limited to highly qualified vendors with access to a centralized "data warehouse" so that the readers would be operational upon activation. Applications were due on May 15, 2013 and, after a comprehensive vetting of the submitted proposals, the Division of Purchase, in consultation with the Buffalo Police Department, deemed Federal Signal Corporation's application to be both the most meritorious and the best value for the City. The company has been providing security based technology for more than 110 years and operates in over 40 countries globally. The contract provides for the installation, maintenance and operation of 18 fixed license plate readers for a five year term with the opportunity for a one -year extension. TRIAL AREA AND CONTRACT TERMS The attached contract covers the installation and maintenance of eighteen (18) fixed license plate readers with supporting hardware and software for a five year time period with the 0-- 0 opportunity for a one year extension, The initial installation would take place in the trial area defined within the contract, The total contract cost is $219,873.00 and would be financed through the use of the following grant lines: COPS TECH GRANT 2008: 20910007- 474100 -10394 COPS TECH GRANT 2009: 21030006 - 434000 -10466 BENEFITS OF FIXED LICENSE PLATE READERS License Plate Readers have the capacity to identify plates, check the plates against hotlists and to identify uninsured, unregistered and stolen vehicles. The system can also be used to assist in investigations through searchable stored data. For example, if there is a shooting in a particular location at a particular time, the fixed LPRs at an intersection can capture all license plates that passed through the closest intersections immediately after the shooting. This data can then be used to locate suspects and to piece together information that will lead to suspects and arrests. Additionally, specific license plate numbers of stolen vehicles or vehicles being sought in connection with Amber alerts or utilized by suspects in crimes can be entered into the system and law enforcement will be notified when said plates are detected at a particular intersection. In its purest form, License Plate Readers act as another set of eyes, beyond the limitations of uniformed Buffalo Police Officers to catch fleeing criminals. LIMITATIONS OF SYSTEM The system contemplated in the attached contract is not intended to, nor will it operate as a "Red Light Camera System" that would detect vehicle and traffic law infractions at the intersections outfitted with the technology. Instead it will merely be used to store data, cross check against hot lists, identify stolen vehicles and generate leads for suspects implicated in criminal activities to augment eyewitness and /or surveillance camera observations. ACTION REQUESTED I respectfully request that your Honorable Body approve the attached Agreement and authorize the undersigned to execute the same. I also respectfully request that your Honorable Body authorize the acceptance and use of the above grant funding for this purpose. This purpose has already been approved by the United States Department of Justice. Thank you for your consideration of this request. DEPARTMENT HEAD NAME: DANIEL DERENDA TITLE: 7 SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE LEGISLATION. THIS AGREEMENT, made this 15th day of AUGUST, 2413, by and between TIE CITY OF BUFFALO, a municipal corporation in the County of Eric and State of New York, by WILLIAM L. SUNDERL'IN, as its Director of Purchase, party of the first part, hereinafter referred to as the "City ", and FEDERAL SIGNAL CORPORATION, a corporation organized and existing under and pursuant to the Laws of the State of ILLINOIS, with its principal office and place of business at 1415 WEST 22 " STREET, SUITE 1100, OAK BROOK, IL 60523, party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That the said Contractor does hereby for himself, his heirs, executors, administrators, successors and assigns, covenant and agree to and with the said City, that the said Contractor shall and will for the consideration hereinafter mentioned, to be paid by said City to said Contractor at the time and times and in the manner hereinafter specified, sell, furnish, supply and deliver to said City, as ordered and directed from time to time by said Director of Purchase, all of the materials, supplies and equipment mentioned and described in the schedule hereto annexed and made a part hereof, of the kind, quality and size, as set forth in the specifications filed in the office of the Director of Purchase, and forming part of this agreement. Said Contractor hereby warrants the said materials, supplies and equipment delivered under this contract against any defects in materials and workmanship, and in strict accordance with said specifications. The said City hereby covenants, promises and agrees to and with the said Contractor, that said City shall and will well and truly pay or cause to be paid to said Contractor for the said materials, supplies and equipment sold and delivered, the unit prices set forth in said schedule, or the amount or sums specified in the proposal of said Contractor; said payments to be made after the approval by the City of a properly itemized invoice for the said materials, supplies or equipment furnished and delivered in strict accordance with the specifications and properly certified by the Director of Purchase, to the effect that the materials, supplies and equipment, for which said invoice is rendered, have been furnished and delivered in accordance with the terms of this contract and the specifications on file. Such certificates and approval, however, shall in no way lessen the total and final responsibility of the Contractor, neither shall it exempt him from liability to replace any of the articles furnished if it afterwards be discovered that any one, more or all of said articles are not according to the Contract and specifications in quality, quantity or condition. IT IS FURTHER AGREED, That should the Contractor fail to complete the contract and every part thereof to the satisfaction of the Director of Purchase and within the time herein set forth or required in the specifications, the said City may at its option procure such materials, supplies or equipment omitted to be supplied by said Contractor as may be necessary, all at the expense of said Contractor, and the amount thereof shall be deducted from the contract price herein stated, all as shown in said schedule; and should such expense be greater than the market price, the said Contractor hereby agrees to pay the excess to the City on demand. The Contractor shall indemnify and save harmless the City, its officers and employees from all claims, suits, actions, damages, losses and costs of every name and description to which the City may be subjected or put by reason of injury to the persona or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Contractor, or the joint negligence, active or passive, of the Contractor and the City, his or their employees, agents or subcontractors, in the performance of any work under this contract or in the delivery of materials and supplies. The whole, or so much of the money to become due under this contract as shall be considered necessary by the City, may be retained by it until all suits or claims for damages shall have been settled -or otherwise disposed of, and evidence to that effect furnished to the satisfaction of the City. Should any dispute arise respecting the true construction or meaning of the specifications hereto annexed, the same shall be decided by the Director of Purchase, and his decision shall be final and conclusive. "Contractor will provide such bond in the form of one (1) year, annually renewable, non - cumulative bonds. Failure of the Contractor to provide a renewal bond(s) shall not constitute a default on any previous bond or on the expiring.bond. The bond(s) shall guarantee the work will be free of defective materials and worlananship for a period of one (1) year from the shipment dates during each one (1) year bond period. Additional years of warranty are extended solely by the Contractor, and the surety company assumes no liability for such additional guarantee." The Contractor further agrees not to assign, transfer, convey, sublet or otherwise dispose of this contract, or his right, title or interest therein, or his power to execute the same, to any other person, company or corporation, without the previous consent in writing of the Director of Purchase ofthe City of Buffalo. IT IS HEREBY MUTUALLY STIPULATED AND AGREED, That this contract shall not be binding or of any force, unless the Comptroller of the City of Buffalo shall endorse heron his certificate that there remains unexpended and unapplied a balance of the appropriation or fund applicable thereto sufficient to pay the expense of executing this contract, as appears upon the face thereof. IF CORPORATION: IN WITNESS WHEREOF, the said THE CITY OF BUFFALO has caused this agreement to be signed by its Director of Purchase, and the said FEDERAL SIGNAL CORPORATION, has hereunto affixed its corporate seal and has caused this instrument to be signed by its , the day and year first above written. THE CITY OF BUFFALO � WILLIAM L. SUND RL , Director Division, of Purchase XL C �;�•"• ) ... FE S 6GNAL C LO' state a Its HAVE SIGNATURE WITNESSED ON PAGE 3 IF INDIVIDUAL OR PARTNERSHIP; IN WITNESS WHEREOF, the said City has caused this agreement to be signed by its Director of Purchase, and the said Contractor has hereunto set his hand and seal, the day and year first above written. THE CITY OF BUFFALO By WILLIAM L. SUNDERLIN, Director of Purchase HAVE SIGNATURE WITNESSED ON PAGE 4 2 $ 219,873.00 Auditor's Contract No. 7,61C Appropriation or Fund f loe67 — 4 0 HEREBY CERTIFY that there remains unexpended and unapplied a balance of the appropriation or fund of applicable to this contract sufficient to pay the expense of executing such contract, as appears, upon the face thereof. I HEREBY APPROVE the foregoing contract, as to fort STATE OF NEW YORK, COUNTY OF ERIE, Ss. CITY OF BUFFALO D 1 ) ,.y On this f `1 day of 3 tdd✓yt2! f /- , 2013, before me personally came WILLIAM L. SUNDEIIIN, to me known, who, being by me duly sworn, did depose and say; That he resides in Buffalo, New York; that he is the Director of Purchase of the City of Buffalo and as such is the head of the Division of Purchase, Executive Department, of the City of Buffalo, the corporation described in and which executed the above instrument, and that he signed his name thereto, for and in behalf of said City, pursuant to Section Four Hundred (400) of the Charter of the City of Buffalo. COMMISSIONER OF DEEDS, BUFFALO, N.Y,� My commission exres December 31, 2013 IF CORPORATION: STATE OF ILLINOIS COUNTY OF DUPAGE, Ss. VILLAGE OF OAK BROOK On this aim day of P* , 2013, before me personally came to me known, who, being by me duly sworn, did depose and say: That he resides in Ljy�a* L M„ ; that he is the N1. Q, 1&6T c5& Cr.*,- kVffa4 of the «p Is W carvxa)e C'1 , the corporation described in and which executed the above instrument; that he knew the seal of safff that the seal affixed to said instrument was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. GINA M ERICKSON r OFFICIAL. SEAL NOTARY PUBLIC Notary Publ(c, Stato of tlllnois - April 02, My Commission 2Q1A Expires COMMISSIONER OF DEEDS P 1 IF INDIVIDUAL OR PARTNERSHIP: STATE OF NEW YORK, COUNTY OF ERIE, Ss, CITY OF BUFFALO On this day of , 2013, before me, the subscriber personally came an individual doing business , to me known to be the same person described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. NOTARY PUBLIC COMMISSIONER OF DEEDS STATE OF NEW YORK, COUNTY OF ERIE, Ss. CITY OF BUFFALO On this day of , 2013, before me, the subscriber personally came , to me known to be the same person described in and who executed the foregoing instrument; and he duly acknowledged to me that he executed the same. NOTARY PUBLIC COMMISSIONER OF DEEDS 4 Mv I THIS CONTRACT COVERS ONLY: THE PURCHASE OF INSTALLATION OF FIXED AUTOMAW LICENSE FE A1B RBA ERE PR), AS SPBC11W TOTAL PRICE $ _ -- 219.871A Price The term of this contract shah commence on the date of the award and will last for a period of one year. The contract or agreement may be renewed for an additional five (5) one (1) year periods with all the some features remaining constant and must be agreeable by both parties. Note: Ail prices are delivered/instafled prices. I ALL AS PER SPECIFICATIONS, BIDS AND CONTRACT 07615 I N SCHEDULE THIS CONTRACT COVERS ONLY: THE PURCHASE OF INSTALLATION OF FIXED AUTOMATIC LICENSE PLATE READERS (LPR), AS SPECIFIED. TOTAL PRICE $ 219,873.00 ALL AS PER-SPECIFICATIONS, BIDS AND CONTRACT #7515 P „ v ► - 1 � a t Frinr. AL. muPjAL cdAPdiiATipl4l ! Advanrki xecurltyandwpl1= b21n „g.:' Revised BPD Pricing 0$. 5.2013 Category Part Part Number Product Description Quantity Sell Price Total quantity Sell Camera AU-K -GEN S -XGA Genetec Sharp XGA Camera Kit 18 $ 7,944 $ 142,992 TERMBOX -1 Single Camera Termination Box 4 $ 720 $ 2,880 TERMBOX-4 ,Four Camera Termination Box 3 $ 2,070 $ 6,210 TERMBOX -2 Two Camera Termination Box 1 $ 1,080 $ 1,080 SW AU- H- PWRACINT FIRE -Screw Terminal Power Supply 18 $ 155 $ 2,790 Pelco EM Brackets 18 $ 139 $ 2,502 Licenses GSC Av s GSCAutoVu Standard Base package 1 $ 970 $ 970 GSC -Av-S Software license connection 18 $ 439 $ 1,902 SMA- BASE -1Y Software Maintenance Base Package 1 $ 390 $ 390 SMA- SHP -1Y SMA for I AutoVu Sharp 18 $ 81 $ 1,458 Install Install Installation of one site 18 $ 1,650 $ 29,700 Electrical installation Svcs Electrical Installation of one site 18 $ 500 $ 9,000 Permits PERMITS Permitspersite 7 $ 100 $ 700 - SEVER DILL Dell R620 4 GB RAM (17 Cameras for 365 days storage) 1 $ 6 $ 6,900 Monitor MONITOR 22° Monitot 1 $ 199 $ 199 Indoor Radio 7100 Firetide 7010 Indoor Radio '2 $ 1,260 $ 2,520 Dual Radio License SW License Firetide Dual Radio Licenses 2 $ 350 $ 700 Panels for antenna PERMITS Panel Antenna f 2 $ 140 $ 280 Jumpers Jumpers LMR4'lumper 2 $ 56 $ 112 Hotview Hotview License HoWew license 2 $ 245 $ 490 PLD PLD Power Line Device 1 $ 98 $ 98 o y Safety and 5ecur}ty System/ Alerting & Notification Adranu7�yaacun 'lyaadvsrel!•bring. . Mr. William Sunderiin • k 1901 City Hall Buffalo, NY 14202 Mr. Sunderlin, Enclosed is the Schedule from Buffalo with my initials on it. i havd also enclosed Addendum 1 Terms and Conditions and l initialed every page. Please let me know if you need anything else. Federal Signal looks forward to a long term relationship with the City of Buffalo, NY. Best Regards, Matthew B: Brady a� FEDERAL S IGIVAIL safety and Security Systems/ Alerting & Notification ADDENDUM 1 TEAMS AND CONDITIONS (1) AGREFME.NT AND LIMITATIONS. The agreement between Seller and Buyer (the 'sates contract ") with respect to the sale of goods (the " goodt) described herein shalt consist of the terms appearing herein with any additions or revisions of such terms mutually agreed to In writing by8eller and Buyer. Seller objects to and shall not be bound by any additional or different terms, utrether printed or otherwise, in 84ar's purchase order or in any other communication from Buyer to Seller unless specifically agreed to by Seller in writing, Except as expressly stated In the sales contract, no reference to Buyer's purchase order or other communication from Buyershall be deemed to incorporate by reference any terms appearing therein. The sales contract shall be forth& benefit of Self and Buyerand not forthe benefit of any outer person. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing slgnedby Seller, to the extent they modify, add to, detract from, supplant or explain the sales contract, shall not be binding on Seller. (2) RiSK OF LOSS. The risk of loss or the goods or any part thereof shall pass to the buyer upon delivery thereof by Seller to the carrier_ Buyer shall have sole responsibility for processing and collection of any claim of lase against the carrier. (3) DELIVERY. Promises of delivery from stock are subject to prior sale. Deliverydates are not guaranteed but are estimated on the basis of Immediate receipt by Seder of all information to be furnished by Buyer and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller's reasonable control, Slier shall In good faith endeavor to meet estimated delivery dates but shall not be liable to Buyer for any damages as a result of any delay caused or contributed to by circumstances beyond Seller=s reasonable control. (4) DEDUCTIONS AND RETURNS. Please contact the factory before returning any merchandise. A Relum Material Authorisation (RMA) must be obtained before returning merchandise for credit. All returns are subject to inspection of merchandise and any defects In the units will be charged back to the Buyer at the cost of parts and labor. Credit deductions will not be honored unless covered by a credit memorandum. Goods shipped to the Buyer may be retumed to Seller for credit only upon the Sellers prior written consent (such consent to be In the sole discretion of Seyer)and upon terms speclfted by Seller, including prevailing restocking, freight, and handling charges. ISwor assumes all risk of lass for such returned goods until actual receipt thereof by Seller. Agents of Seller are not authorized to accept returned goods or to grant allowances or adjustments with respect to Buyer`s account, (5) INSPECTION. Buyer shall inspect the goods immediately upon the receipt thereof. All claims for any alleged defect in Seller's performance under this sales contract, capable of discovery upon reasonable inspection, must be fully set forth In writing and received by Seller within timW days of Buyers receipt of - the goods: Failure to make any such claim within said thlrty-day period shall constitute a waiver of such claim and an Irrevocable acceptance of the goods by Buyer. (6) LIMITED WARRANTY Federal Signal. Corporation, Emergency Products, (Federal) warrants each new product, except speakers, to be free from defects In material and workmanship, under normal use and service, for a period of (3) years on parts replacement from the date of manufacture stamped on the product and (1) year on labor from the date of delivery to the first user - purchaser except for noted products. Speakers are warrantedfor a period of (2) years on parts replacement from the date of manufacture stamped on the product and (1) year on labor from the date of delivery to the first userr purchaser. The following products are warranted tar (5) years on parts replacement from the date of manufacture stamped on the product and (1) year on laborfrom the date of delivery to the first user• purchaser: "Light Emitting Diode° (LED) products (Signaltech and Signal3l+laster Plus LED products not Included), "Ricochet" strobe power supplies, "Unitrol" brand products, rotating Iight assemblies from all tighlbars, all rotating beacons and mini -light bars (Sentinel not Included), all Phase It strobe beacon models, all 901 and 951 strobe beacon models, all 1351 and 851 strobe beacon models, all US3, Use, and UST UltraStar strobe beacon models, and all Arctic strobe beacon models, FEDERAL SIGNAL CORPORATION • 800.264,0578 • PAX 600.682,8= • WWW.FEDSIG,00M q� FEDERAL SIGNAL Safety and Security Systemsl Alerting & Notification Strobe flashtubas are warranted for (1) one year parts replacement from the da of delivery of the first user - purchase. During this warranty period, the obligation of Federal is itrnited to repairing or replacing, as Federal may afoot, any.part or parts of such product which after examinatlon by Federal, Is found -to be detective as the result of a defect in material and/or workmanship. Fadenl will provide warranty for any unit which Is delivered, transported prepaid, to the Federal factory or designated authorized warranty service center for examination and such examination reveals a defect in material and/or workmanship. This warranty does not cover travel expenses, the cost of specialized equipment for gaining access to the product, or labor charges for removal and re- instaliaticn of the product. Domes & lenses, lamps or batteries are not covered under Warranty. This warranty does not extend to any unit which has subjected to abuse, misuse, improper installation or which has been inadequately maintained, nor damage resulting from Incompatible chemica or cleaning material norto units which have problems relating to service or modificatlon at any facility other than the Pederal factory or authorized . service centers. This warranty is In lieu of all other warranties, express or Implied, including warranties of merchantability and fitness for a particular purpose. (7) REMEDIES AND LIMITATIONS OF LIABILITY. in the event Seller is claimed to have breached any of its obligations under the sales contract, whether of warranty or otherwise, Seller ma repair any deloadve goods, request the return of the goods and tender, at Seller's options, a replacement shipment of goods or the purchase prices theretofore paid to Seller. Seller shall tender a refundof the purchase price at its option upon actual receipt of the goods by Seller. It Seller so requests the return of the goods, the goods will be re- delivered to Seller, transportation prepaid, In accordance with Seller's instructions. The remedies contained in this and the preceding paragraph constitute the sole recourse against Seller for breach of any of Seller's obligations under the sales contract whether of warranty or otherwise. In no event shall Seller be liable for consequential damages nor shall Seller's liability on any claim for any direct, Incidental, consequential or special damages arising out of or connected with the sales contract or the manufacture, sale. delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable forfatlure to perform its obligations under the sales contract, resulting directly or Indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority; priorities; fires; war; riot; delays in transpottation; lath of or inability to obtain raw materiels, components, labor, fuel or supplies; or other circumstances beyond Seller's reasonable control, whether simtaror dissimilar to the foregoing. (8) PATENTS. Seger shall hold Buyer harmless, to the extent herein provided, against any rightful claim of any third person by way of Infringement of any United States Leiters patent by such goods as are of Sefler's own manufacture, but it Buyer fumished specifications to Seller, Buyer shall hold Seller harmless against any such Infringement claims which arise out of compliance with such specifications. Seller's agreement in this paragraph to hold Buyer harmless shall not apply to any infringement consisting of the use of goads manufactured by Seller as a part of any ccmbination with goods manufactured by Buyer or others. In the event that any goods manufactured by Seller are In any suit held to constitute infringement and their use is enjoined, Seller. If unable within a reasonable time to secure for Buyer the right to continue using such goods, either by suspension of the injunction, by securing for Buyer a license, or otherwise, shall at Its own expense, either replace such goods with non. Infringing goods or modify such goods so that they become non - Infringing or accept the return of the enjoined goods and refund the purchase price theretof ore paid by Buyer We allowance for any period of actual use thereof. Except as in this paragraph provided, Seller makes no warranty that the goods will be delivered free of the rightful claim of any third person by way of infringement or the like and Buyer's remedies will be limited to those provided in this paragraph. (8) ASSi13NMENT AND DELEGATION. No right or interest in Ihis sales agreement shall be assigned by Buyer or Seller without mutual agreement of both parties, FEDEML SIGNAL CORPORATION 840.264.3576 • FAX 800.862.8022 , V,rWW.FiEDSIG.Co FEDERAL SIO Safety and Security Systems /Alerting A Notification (10) SEVERABILITY. If any term, clause or provision contained In the safes contract is declared.or hold invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other terrrt,.clause cr proyision herein contained. = (11) INSTALLATION. Installation shall be by Buyer unless otherwise specifically stated on the was contract, (12) GOVERNING LAW AND LIMITATIONS. The formation and performance of the sates contract shall be - governed by the laws of the State of Illinois. Whenever a term defined by the Uniform Commercial Code as adopted in Illinois is used In these standard terms, the definition contained in said Uniform Cornmemlat Code Is to control. Any action for breach of the sales contract or any covenant or warranty contained herein must be commenced within one year after the. cause of actlen accrued. Fer,P�✓�t SiSh�✓( GU OV\ MURAL SIGNAL CORPORATION * 800.784.3578 + FAX 800.883.80P2 + WWW.FEDSIG.COM Safety and Security Systems / Alerting & Notiffcation TERMS AND CONDITIONS (7) AGREEMENTAND LIMITATIONS. The agreement between Soifer and Buyer (tire "sales contract") with respect to the sale of goads (the "goods ") described herein shall consist of the terms appearing herein With any addltions or revisions of such terms mutually agreed to In writing by Seller and Buyer. Seller obitscts to and shall not be bound by any additional or different terms, vhether printed or otherwise, in Buyer's purchase order or in any other communication from Buyer to Sather unless specifically agreed to by Seller in writing. Except as expressly stated in the sales contract, no reference to Buyer's purchase order or other communication from Buyer shall be deemed to incorporate by reference any terms appearing therein. The sales contract shall be for the benefit of Seller and Buyer and not for the benefit of any other person, Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by Seller, to the extent they modify, add fo detract from, supplant or explain the sales contract, shall not be binding on Seller. (2) TERMINATION OR MODIFICATION, The sales contract may be modified or terminated only upon Seller's written consent except that stenographic and clerical errors are subject to correction by Seller or upon Seller's written consent. If Seller shall declare or consent to a termination of the sales contract, in whole or in part, Buyer, in the absence of contrary written agreement signed by Seller, shall pay termination charges based upon expenses and costs incurred in the production of the goods or in the performance of the services to the date such termination is accepted by Seller including, but not limited to, expenses of disposing of materials on hand or on order from suppliers and the losses resulting from such diaposition, plus a reasonable profd. Not withstanding the Foregoing any goods substantially completed or services performed on or prior to such termination shall be accepted and paid for In full by Buyer. (3) PRICE AND PAYMENT. Prices are subject to increase by Seller based on Seller's prices in effect at the time of shipment In all instances where specified shipment date is later than 30 days from date of order. Unless otherwise specified in the sales contract or Seller's applicable price list, prices are F.O.B. Seller's point of shlpment, and the terms of payment are NET 30 days from the date of invoice. If the sales contract is for more than one unit of goods, the goods may be shipped in a single ]at or in several lots at the discretion of Seller. In such event each such shipment shall be paid separately and Buyer shall be responsible for all transportation charges. Seller may require full or parUal payment or payment guarantee In advance of shipment whenever, in its opinion, the financial condition of Buyer so warrants. Payment by credit card may be subject to a service charge, (4) PAST DUE INTEREST. Amounts not paid when due shall be subject to past due interest at the rate of 18% per year or the highest rate permitted by law, whichever is less. (5) RISK OF LOSS. The risk of lass or the goods or any part thereof shall pass to the buyer upon delivery thereof by Seller to the carrier. Buyer shall have sole responsibility for processing and collection of any claim of loss agalnst the carrier. (6) TAKES. Prices do not Include taxes. Buyershall pay Seller, in addition to the price of the goods, any applicable excise, sales, use or other tax (however designated) imposed upon the sale, production, delivery or i se of the goods ordered to the extent required or not farbfdden by law to be collected by Seller from Buyer, whether or not so collected at the time of the sale, unless valid exemption certificates acceptable to the taxing authorities are furnished to Seller before the date of invoice. (7) DELIVERY. Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the basis of immediate receipt by Seller of all information to be furnished by Buyer and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller's reasonable control. Seller shall In good faith endeavor to meat estimated delivery dates but shall not be liable to Buyer for any damages as a result of any delay caused or contributed to by circumstances beyond Seflar's reasonable control. FEDERAL SIGNAL CORPORATION • 800.264.3578 • FAX 800.882,8022 - NlII1r4N,F'ED81G.COM ! E��DY� w 4 "OR 1 t i ?'rni q.4'. N.1 L A l':�s I.'. Safety and 5eCurity Systems I Alerting & Notification (B) DEDUCTIONS AND RETURNS. Please contact the factory before returning any merchandise. A Return Material Authorization (RMA) must be obtained before retuming merchandise for credit. All returns are subject to inspection of merchandise and any defects in the units wffl be charged back to the Buyer at the cost of parts and labor. Credit deductions will not be honored unless covered by a credit memorandum. Goods shipped to the Buyer may be returned to Seller for credit only upon the Seller's prior written consent (such consent to be in the sole discretion of Seller) and upon terms specified by Seller, including prevailing restocking, freight, and handling charges. Buyer assumes all risk of foss for such returned goods until actual receipt thereof by Seller. Agents of Seiler are not authorized to accept returned goods or to grant allowances or adjustments with respect to Suye(s account. (9) INSPECTION. Buyer shall inspect the goods immediately upon the receipt thereof. All claims for any alleged defect in Seller's performance under this sales contract, eapabAe of discovery upon reasonable inspection, must be fully set forth in writing and received by Seller within thirty days of Buyer's receipt of the goods. Failure to make any such claim within said thirty -day period shall constitute a waiver of such claim and an Irrevocable acceptance of the goods by Buyer. (10) LIMITED WARRANTY Federal Signal Corporation, Emergency Products, (Federal) warrants each now product, except speaker's, to be free from defects in material and workmanship, under normal use and service, for a period of (3) years on parts replacement from the date of manufacture stamped on the product and (1) year on labor from the date of dellvery to the first user - purchaser except for noted products. Speakers are warranted for a period of (2) years on parts replacement from the date of manufacture stamped on the product and (1) year on labor from the date of delivery to the first user - purchaser. The follow €ng products are warranted for (5) years on parts replacement from the date of manufacture stamped on the product and (f) year an labor from the date of delivery to the first user - purchaser: "Light Emitting Diode" (LED) products (Signaltech and SignalMaster Plus LED products not included), "Ricochet" strobe power supplies, 'Unifrol" brand products, rotating light assemblies from all lightbars, all rotating beacons and mini -light bars (Sentinel not included), all Phase it strobe beacon models, all 901 and 951 strobe beacon-models, all 851 and 851 strobe beacon models, all US5, USB, and US7 UitraStar strobe beacon models, and all Arctic strobe beacon models. w Strobe flashtubes are warranted for (1) one year parts replacement from the date of delivery of the first user - purchase, During this warranty period, the obligation of Federal Is limited to repairing or replacing, as Federal may elect,.any part or parts of such product which after examinartion by Federal is found to be defective as the result of a defect in material and/or workmanship, Federal will provide warrenty for any unit which Is delivered transported prepaid, to the Federal factory or designated authorized warranty service center for examination and such examination reveals a defect in material and /or workmanship.,This warranty does not cover travel expenses, the cost of specialized equ €pment:for gaining access to the product, or labor charges for removal and reinstallation of the product. Domes & lenses, lamps or batteries are not covered under warranty. This warranty does not extend to any unit which has subjected to abuse, misuse, improper installation or which has been inadequately maintained, nor damage resulting from incompatible chemicals or cleaning material, nor to units which have problems relating to service or modification at any facility other than the Federal factory or authorized service centers. This warranty is in lieu of all other warranties, express or implied, including warranties of merchantability, and fitness for a particular purpose. (11) REMEDIES AND LIMITATIONS OF LIABILI'T'Y. In the event Seller is clalmed to have breached any of its obligations under the sales contract, whether of warranty or otherwise, Seller may repair any defective goods, request the return of the goods and tender, of Seller's aplions, a replacement shipment of goods or the purchase prices theretofore paid to Seller. Seller shall tender a refund of the purchase price at its option upon actual receipt of the goods by Seller. If Seller so requests the return of the goods, the goods will be re- delivered to Seller, transportation prepaid, in accordance with Selier's Instructions. The remedies contained In this and the preceding paragraph constitute the sole recourse against Seller FEDERAL SIGNAL CORPORATION • 800.284,3578 FAX 800.882.8022 • WM.FE051(3.COM FEDERAL 910VAL Safety and Security Systems I Alerting 9 Natification for breach of any of Seller's obligations under the sales contract whelhsr of warranty or otherwise. In no event shall Seller be liable for consequential damages nor shall Seller's liability on any claim for any direct, incidental, consequential or special damages arising out of or connected with the sales contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable for failure to perform its obligations under the sales contract, resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, clvil ornrllrtary authority; prlorities; fires; war, riot; delays In transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller's reasonable control, whethersimilar or dissimilar to the foregoing. (12) PATENTS. Seller shall hold Buyer harmless, to the extent herein provided, against any rightful claim of any third person by way of infringement of any United States Letters patent by such goods as are of Seller's own manufacture, but if Buyer furnished specifications to Seller, Buyer shall hold Seller harmless against any such Infringement claims which arise out of compliance with such specifications. Seller's agreement In this paragraph to hold Buyer harmless shalt not apply to any infringement consisting of the use of goods manufactured by Seller as a part of any combination with goods manufactured by Buyer or others. In the event that any goods manufactured by Seller are in any suit held to constitute infringement and their use is enjoined, Seller, if unable within a reasonable time to secure for Buyer the right to continue using such goods, either by suspension of the Injunction, by securing for Buyer a license, or otherwise, shall at its own expense, either replace such goods with non - Infrin,ging goods or modify such goods so that they become non - Infringing, oraccept the return of the enjoined goods and refund the purchase price theretofore paid by Buyer less allowance for any period of actual use thereof. Except as in this paragraph provided, Seller makes no warranty that the goods will be delivered free of the rightful claim of any third person by way of infringement or the like and Buyer's remed €es will be limited to those provided in this paragraph, (13) ASSIGNMENT AND DELEGATION. No right or Interest in this sales contract shal I be assigned by Buyer without Seller's prior written consent, and no delegation of any obligation owed, or of the performance of any obligation, by Buyer shall be made without Seller's prior written consent. Any attempted assignment or delegation shall be vold and totally ineffective for all purposes unless made in conformity with this paragraph 9, 10 and I I hereof, and if effective shall be subject to ail limitations of this sales contract: (14) SEVERABILITY. If any term, clause or provision contained in the sales contract is declared or hold Invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained. (16) INSTALLATION. Installation shall be by Buyer unless otherwise specifically stated on. the safes contract (16) GOVERNING LAW AND LIMITATIONS. The formation and performance of the sales contract shall be governed by the taws of the State of Illinois. Whenever a term defined by the Uniform Commercial code as adopted in Illinois is used in these standard terms, the definition contained In said Uniform Commercial Code is to control. Any action for breach of the sales contractor any covenant or warranty contained herein must be commenced within one year after the cause of action accrued. FEDERAL SIGNAL CORPORATION • 606.264,3579 • FAX 800.682,8022 • VOMTEDSIG.COM CiTy of BUFFA.o NEW YORK DEPARTMENT OF ADMINISTRATION, FINANCE & URBAN AFFAIRS DIVISION OF PURCHASE 65 NIAGARA SQUARE, ROOM 1901 CITY HALL BUFFALO, NY 14202 PHONE (716) 851-5222 FAX (716) 851 -5231 REQUEST FOR PROPOSALS FOR LICENSE PLATE READERS FOR THE CITY OF BUFFALO DATE ISSUED: April 17, 2013 Questions accepted until: April 24, 2013 . PRE -BID CONFERENCE: May 1, 2013 AT 11:00 A.M AT THE DIVISION OF PURCHASE 65 NIAGARA SQUARE, ROOM 1901 RFP SUBMISSION DATE: May 15, 2013 AT 1 1:00 A.M. Anticipated Selection: June 15, 2013 1 L I. INTRODUCTION The City of Buffalo currently has over 190 wireless surveillance cameras throughout the City of Buffalo. The City wishes to augment the video coverage with the installation of fixed automatic License Plate Readers (LPR). An initial project is proposed to cover the area bounded by Memorial Drive on the West, - Bailey Ave. on the East, Sycamore St, to the North and Broadway St. to the South. A map of this location as well as the specific Streets and tentative LPR Iocations is attached. IL INSTRUCTIONS TO BIDDERS 2.1 Proposals will be accepted up to11:00 a.m. EST, on May 15, 2013 at: City of Buffalo DIVISION OF PURCHASE 65 Niagara Square, Room 1901 City Ball Buffalo, New York 14202-3302 The outside of each sealed envelope or package should be labeled: Proposal Enclosed LICENSE PLATE READERS and CITY OF BUFFALO RFP Due: Submitted by: Package Number of 2.2 Proposals received after the above closing time and date will not be considered and will be returned to the bidder. 2.3 Proposals must be submitted with ONE (1) original and SIX (6) copies and in a sealed package bearing the name and address of the bidder and clearly marked on the outside "License Plate Readers ". 2.4 No telephone proposals or electronically transmitted proposals (i.e. fax or computer e-mail transmission) nor adjustment to the'proposal submitted, will be considered.. 2.5 Proposal documents must be completed in accordance with the requirements of the Request for Proposals documents and no amendment or change to proposals will be accepted after the closing date and time. 2.6 Proposals shall be irrevocable for sixty (60) days following close of bidding and shall be retained by the City of Buffalo. 2 2.7 Proposals shall be originally and irrevocably signed by an authorized representative of the bidder when submitted. Upon award (if any), the successful bidder will be required to supply to the City 'of Buffalo satisfactory proof of appropriate authorization to legally bind the bidder. 2.8 Questions regarding this Request for Proposal may be submitted in writing VIA E -mail only and must be submitted no later than April 24, 2013 2.9 Should the question be considered relevant to all bidders, the City of Buffalo will provide both the question and the written answer to all known bidders. Bidders are solely responsible for ensuring the City of Buffalo has a current address, e- mail address and telephone number on file for the bidder. It is the responsibility of all bidders to check the City of Buffalo website for ahy updates at wwny.city- buffalo.cozn 2.10 In the event the bidder cannot comply with any term, condition, or requirement of this Request for Proposals, such non - compliance shall be stated in writing on the bidder's letterhead and submitted with the proposal. Bidders are cautioned that such non - compliance may result in disqualification of the bidder's proposal, at the sole discretion of the City of Buffalo. No allowance will be made for non- compliance of any kind by the bidder, without prior notification of same, 2.11 Questions and communication shall be directed via e-mail only to:, Captain Mark Makowski Buffalo Police Department Email address: mmakowskiiQbgdny.org 2.12 No other representatives of the City of Buffalo are to be contacted regarding this Request for Proposals. No lobbyists, politicians, government employees or officials shall be contacted regarding this RFP. The City of Buffalo accepts no responsibility for, and the bidder agrees not to rely upon, any verbal or written statements or representations from any other person, whether or not employed by the City of Buffalo. 2.13 Bidders are cautioned that proposals will be evaluated upon the disclosed evaluation criteria. 2.14 The laws of the State of New York shall apply to this Request for Proposals and any contract formed as a result of this Request for Proposals and the Courts of the State of New York shall have exclusive jurisdiction over any contract formed as a result of this Request for Proposals. 2.15 The City of Buffalo's name, logo, crest, etc. shall not be used without the prior, expressed, written consent of the City of Buffalo. 2.16 The City of Buffalo does not bind itself to accept the whole or any part of any proposal and, in particular, if only one proposal is received, the City of Buffalo reserves the right to reject it. The City of Buffalo also reserves the right to reject all proposals and does not, by the release of this Request for Proposals, bind itself, expressly or implicitly, to contract for the services enumerated herein. 2.17 The City of Buffalo assumes no responsibility or liability for the adequacy, accuracy or completeness of any information provided in this Request for Proposals. 1H. EVALUATION AND AWARD 3.1 The City of Buffalo intends to award a contract to the bidder whose proposal offers the best value.. However, the City of Buffalo is under no obligation to award any contract, in whole or in part, and it reserves the right in its sole discretion to cancel this Request for Proposals process at any time before or after closing and has no express or implied obligation to provide reasons for such cancellation. 3.2 The lowest, or any, proposal may not necessarily be accepted. 3.3 Vendor Selection Criteria a) Turnkey Project a. The response to this Request for Proposals (RFP) must clearly and fully delineate the vendor's qualifications for installing the specified field License Plate Readers (LPR) units and their connection to a centralized "data warehouse" and making them fully operable. b. The response must include provision of an all- weather box with modem and antenna. Vendor may also propose battery back -up and internal heating unit. c. The response must include per unit pricing for all specified parts, accessories, cables, software and software licenses. d. The response must include per unit pricing for all electrical installation services e. Successful vendor will be responsible for coordination with all City Departments and local utilities and the proposed pricing shall include all costs associated with necessary permits and approvals b) LPR System Reliability a. Reliable data acquisition and transmission in varied environment (24 hours per day, all seasons, wind, and all precipitation). Include proven reliability and accuracy statistics. b. Flexible deployment options to meet future requirements and changes. s c. Five year commitment to project..matntenance and upkeep, with pricing to be included in the proposal. d. Ability to update /expand (in order to avoid obsolescence). e. Compatibility or interfacing with existing systems data. c) Cost: Total Cost of Ownership a. Five -year total cost of ownership- to include pricing for I yr, 3 yrs and 5 yrs complete turnkey maintenance. b. Software and hardware, including all updates c. Training d) Support a. Coverage detail and duration for warranty. b. Coverage detail and duration for maintenance. c. Procedures for trouble reporting. d. Response time for trouble reporting (in hours). e. Proposal for onsite support. e) Timeframe for Deployment a. Proposed time table for deployment from receipt of purchase order. f) Training plan and documentation. a. Training proposal. b. Available Online help resources. g) Security & Backups a, Procedures for secure data backup and transmission procedures in the event of a power failure or loss of communications. b. Procedures for restoration of service. h) Vendor Stability a. References b. Local availability of support/service c. Size d. Years in business 3.4 The .City of Buffalo reserves the right, at the time of the evaluation of any proposal,, to request any additional information that it deems necessary in order to make a decision on any proposal. 3.5 In' the event of mathematical errors in extension of prices or other ambiguities, unit prices shall govern over total bid prices and words shall govern over numbers. 3.6 In order to obtain the most advantageous offer for the City of Buffalo, the City reserves the right in its sole discretion: 5 4.4 The City of Buffalo and the successful bidder (if any) acknowledge and agree that the post - ratification and execution relationship betvveen the City of Buffalo and the contract vendee is one of an independent contractor with a municipal corporation for the provision of goods and/or services. No employer — employee relationship is intended or created by the issuance of this Request for Proposals or the ratification and execution of a contract for the goods and services contemplated. 4.5 In addition to any rights of termination at law or in equity., the City of Buffalo shall have the right to terminate any contract formed with the successful bidder (if any) upon written notice to the successful bidder, in accordance with the terms of such contract and/or applicable law. V. SCOPE OF PROPOSAL The deliverables for the project are as follows; 5.1 Turnkey project. The successful vendor will provide the City of Buffalo a fully operational network of fixed LPR cameras that will download LPR data to one or more central sites. This work will include, but not be limited. to: the professional services necessary to provide the complete installation; LPR hardware, cameras, software, enclosures, weather and surge protection; necessary electrical power, network interface; communications; initial administration, 5.2 Assessment As directed by the City of Buffalo, the successful vendor will gather information from the selected sites in order to assess the cameras, hardware, equipment and security needed to successfully operate LPRs properly and at optimal operating efficiency and effectiveness. 53 Project Design The successful vendor will provide the City of Buffalo with a physical and virtual project design for each LPR including equipment placement drawings and network configuration information. 5.4 Project Planning The successful vendor will provide the City of Buffalo with a high level plan with project milestones for each LPR installation as prioritized by the City of Buffalo. The Project Plan will be updated monthly by the successful vendor 5.5 Single Point of Contact — The successful vendor The successful vendor will name a Project Manager for the City of Buffalo project. The project manager will be fully informed of the project status and details at all times and will be authorized to address any concerns and issues raised by the City of Buffalo in a timely fashion. 5.6 Single Point of Contact — the City of Buffalo The City of Buffalo Project Manager current incumbent is Captain Mark Makowski. The successful vendor will provide all documentation, change requests, and communications to the Project Manager as identified by the City of Buffalo. 5.7 Installation The successful vendor will install LPR equipment, cameras, communications, software, including setting up interfaces to all.included systems and will deliver: a) Fully functional LPR equipment and cameras at each designated field location, accurately capturing 95% or more of the subject license plates passing each camera. b) Fully functional communications from the LPR field site to a central server. The successful vendor is not responsible for the performance of the cellular carrier service or other transport service. c) Automatic download of LPR data from LPR camera to the central servers, to be designated by the successful vendor. d) The camera installation must be supported by the vendor's- most currently available software for end user use. Installation and deployment of this current software must be included in the price. e) LPR data interface with VAI DIG software and /or other specified software by mutual agreement. f) "All services according to the requirements of local law, including but not limited to: a. The successful vendor will obtain all permits and approvals required by local governments for this project. - b. The successful vendor will follow all applicable traffic safety law and regulations, such as the need for road crews and flag man in certain situations. g) Field installation on utility poles or as otherwise designated at an agreed height to discourage criminal mischief and damage. 5.8 Documentation The successful vendor will provide to the City of Buffalo one set of as built drawings of the system and network, both physical and virtual upon completion of the installation: and subsequent as built drawings for any additional installations as contracted for by the City of Buffalo 5.9 Vendor Employees and sub - contractors The successful vendor, in performing and completing the services required to be performed, shall: a) Furnish personnel who have. skills required for the j ob and furnish the City of Buffalo with employees' resumes upon request. b) Furnish employees and sub- contractors with the specific address and name of the person to whom to report at the City of Buffalo designated premises; c) Ensure that its employees and sub - contractors comply with the rules, regulations, policies and procedures the local premises, including but not limited to fire protection, safety and security; d) Schedule its employees and sub - contractors to work in coordination with the business needs of the City of Buffalo; e) Remove any employee and/or sub - contractor from assignment to this project for any reason upon the City of Buffalo request; 5.10 Warranty For products, goods and services delivered under the terms of this agreement or for products, goods and services delivered as the result of any purchase order placed by the City of Buffalo which incorporates the terms hereof, the successful vendor warrants that all products, goods and services provided and work performed under this Agreement will be substantially free from defects, performed in good and workmanlike manner and in accordance with the best practices of Contractor's trade or business. The successful vendor warrants that all parts and Iabor furnished hereunder will perform as originally designed for a period of one year (365 days) after installation, servicing and/or repair, unless warranted for a longer period of time by the original manufacturer, in which case the longer warranty term shall apply. 4 � Roles and Responsibilities of the successful vendor. 1. The successful vendor will provide an appropriate staff resource for the project. 2. The successful vendor will deal directly with the City of Buffalo Project Manager as the primary point of contact. - Roles and Responsibilities of THE CITY OF B UFFAL 0. 1. Provide an individual as the point of contact for the successful vendor. 2. Provide assistance with contacts and worldng with the utility companies and other third parties as may be required. 3. Provide appropriate facility and software access at the engagement start consistent with the duties that will be performed. The successful vendor will safeguard all security passes and passwords, and return them at engagement completion. 4. Provide guidance and direction in the specific tasks to be performed. 5. Provide appropriate staff resources to work with the successful vendor as required and directed by the City of Buffalo manage ment. 6. if at any time during the Agreement, the City of Buffalo reasonably determines that the successful vendor cannot meet the terms and conditions of the Agreement and/or that work products or performance are inadequate or unacceptable, the City of Buffalo reserves the. right to terminate the Agreement as set for in the applicable contract paragraph. Schedules and Time Frames: 1. The expected timeframe to complete each LPR project awarded will be negotiated by the successful vendor and the City of Buffalo. 2. Changes to the scope, deliverables, timeframes, or the successful vendor staff will be addressed through a Change Request Form and must be agreed to by both the City of Buffalo and the successful. vendor. Subject to approval by any applicable control agency, if required. 3. The expected selection date will be thirty (30) days after the bid. opening. The term of the resulting contract shall commence on the date of award and will last for a period of one (1) year. This contract or agreement may be renewed for an additional five (5) one (1) year periods with all features remaining constant, and must be agreeable by both parties. Both parties will be held harmless regarding the impact of harsh winter weather conditions on the installation, scheduling and project plan. 11 4. The City of Buffalo and the successful vendor will determine the detailed schedule of tasks and deliverables. Confidentiality Issues: The successful vendor agrees to maintain the confidentiality of alt information concerning the City of Buffalos operations, procedures, policies, and systems. In = addition to this Statement of Work, the successful vendor and the individuals assigned to work on this project, agree to sign a Non- Disolosure agreement with the City of Buffalo and to abide by all of the requirements therein. Approval by Control Agency: This Statement of Work is not effective until approved by any applicable control agency. Mandatory Response Guidelines Respondents to this RFP must respond to each and every individual item as listed. Grouped responses are not acceptable. Each response should be identified to the corresponding item above. Responding parties should well note that, if successful, the City of Buffalo may choose to expand the LPR system to several, tens or even hundreds of cameras throughout the'City in the future. In the event the City of Buffalo decides to expand the LPR system, the City may elect to award the work required for same based upon the responses received to this >l7FP. A final contract including final pricing and statement of work will be negotiated with the successful respondent. 12 16 A VI. MISCELLANEOUS RE UE EMENTS Each proposal shall be typed or printed double spaced on 8-I /2" x 11" paper. Proposals v must be received no later than 11:00 A.M. EST on May 1S, 2413. One (1) original and six (6) copies of the proposal shall be submitted to: William Sunderlin, Director of Purchase City of Buffalo Division of Purchase 65 Niagara Square, Room 1901 Buffalo, New York 14202 -3302 Proposals will become the property of the City once submitted, and will not be returned. Expenses incurred in the preparation of proposals shall be borne and absorbed by the bidder with the express understanding that the bidder may not apply to the City for reimbursement for these expenses and the City shall have no express or implied obligation to reimburse any portion thereof All documents, data, or other forms of information are to be the exclusive property of the - City of Buffalo. All reports, including findings, interim reports, final reconinaendations and the work product thereof, shall be the exclusive property of the City of Buffalo; and any duplication, publishing or other use thereof by any person, including the bidder, without the prior, expressed, written authorization of the City, is strictly prohibited. 14 CITY OF BUFFALO DEPARTMENT OF ADMINISTRATION, FINANCE &URBAN AFFAIRS. DIVISION OF PURCHASE 65 NIAGARA SQUARE, ROOM 1901 CITY HALL BUFFALO NY 14202 REGULATIONS FOR . ENTERING FORMAL PROPOSALS FOR MATERIALS, SUPPLIES, EQUIPMENT, AND; SERVICES 1. METHOD OF TENDERING PROPOSALS. (A) No person, co- partnership, or corporation, shall submit more than one proposal, either directly or by agent. Each bidder shall sign said proposal with his/her full name, in his/her own handwriting, and, if a partnership, each partner must sign; if a corporation, the corporate name shall be signed, and signed and adknowledged by a duly authorized officer thereof. (B) All bidders must submit with their bid a statement indicating that they will work — toward a minority workforce goal of 25 %, and woman workforce goal of 5 %. In addition, a statement must be submitted indicating that the bidder will work toward a business utilization goal for minority business enterprise of 25% and woman business enterprise of 5 %. Form EEO -2 is. enclosed along with the Living Wage Statement. Both must be completed and returned with your proposal. 2. QUALIFICATIONS FOR BIDDER. Ordinarily, proposals are not considered from bidders on supplies, material or equipment, if the bidder or manufacturer of same is in bankruptcy, or in the hands of a receiver at the time of tendering a proposal or at the time of entering into a contract, but the Director of Purchase reserves the right to accept or reject such proposals in the best interest of the City. No bid shall be accepted from any person or corporation that is in arrears to the City upon any debt or contract. 3. CONTRACT AND BOND. (A) The suceessfid bidder will be required to enter into a contract. 4. PAYMENT. Payment for material, supplies or equipment called for herein shall be made within thirty (30) days after approved completion of contract and the rendition of proper invoice to the Division of Accounting, 65 Niagara Square, Room 1214 City Hall, Buffalo, New York 14202. 5. PATENT INFRINGEMENT. The Contractor shall agree to indemnify and save harmless the City of Buffalo, its servants, agents and employees from any and all suits or action at law or in equity, which may hereafter be brought against them or either of them, for, or on account of, the infringement, or 16 1 alleged infringement, of any patent or patent rights upon or pertaining to any of the articles described herein. 6. GENERAL. (A) The Contractor will not be allowed to take advantage of any errors or omissions. The Director of Purchase reserves the right to reject any and all bids on any or all items in the proposal and to waive any informalities. in case of error, unit price governs. (B) Should there be any question concerning these specifications, or the intent of these specifications, the prospective bidder shall apply to the Director of Purchase for such information. (C) These regulations, specifications, invitation for bids, and the proposal are deemed to be incorporated in the contract. (D) The Division of Purchase reserves the right to award by item, or as a whole,.or to reject any or all bids. 7. TAXES. Quotations shall not include any New York Sales Tax as municipalities of New York State are not subject to this tax. No Federal Tax of any kind shall be included unless the Federal Law specifically levies such tax against purchases made by the political subdivisions of a State. S. TITLE. Contractor must transfer a good and incontrovertible title to all equipment furnished hereunder free and clear of all liens and encumbrances of whatever name and nature. 9. ASSIGNMENT AND SUBCONTRACTING Pursuant to Section 22 -9 of the City Charter, no contractor awarded a contract pursuant to bids shall assign or subcontract any part - of such contract to any person, firm or corporation by whom a proposal was submitted to the City for the same contract. In any event, no contractor shall assign, transfer or otherwise dispose of the within contract, or any part thereof, or any right, title or interest there under, without the prior written consent of the Director. Any such purported action without such consent shall be null and void. The successful bidder shall submit a list of proposed subcontractors to the Director of Purchase for his approval and obtain his written consent thereto prior to the execution of the contract. 11. NATIONALLY KNOWN CORPORATIONS. The Director of Purchase reserves the right to determine which corporations are to be designated as nationally known, and his decision will be final. 17 12. INSURANCE COVERAGE REQUIREMENTS The City of Buffalo requires insurance coverage as listed below for this work. Note: The term "Vendor" shall also include their respective agents, representatives, employees or subcontractors; and the term "City of Buffalo" (hereinafter called the "City ") shall include their respective officers, agents, officials employees, volunteers, boards and commissions. The insurance required shall be written for not less than the scope and limits of insurance specified hereunder, or required by applicable federal, state and/or municipal law, regulation or requirement, whichever coverage requirement is greater. It is agreed and understood that the scope and limits of insurance specified hereunder are minimum requirements and shall in no way limit or exclude the City from additional limits and coverage provided Minimum Scope and Limits of Insurance Worker's Compensation Insurance: With respect to all operations the Vendor performs the Vendor shall carry worker's compensation insurance in accordance with the requirements of the laws of the ,State of New York. The Vendor shall carry employers liability limits of $100,000 each accident and $100,000 each employee by disease and $500,000 policy limit disease. Commercial General Liabili With respect to all operations the Vendor pexforzns the Vendor shall carry Commercial General Liability insurance providing for a total limit of one million dollars ($1,000,000) per occurrence for each job site or location for all damages arising out of bodily injury, personal injury, property damage, products /completed operations, and contractual liability coverage for the indemnification provided under this contract. Each annual aggregate limit shall not be less than $2,000,000. Automobile Liability: With respect to any owned, non - owned, or hired vehicles the Vendor shall carry Automobile Liability insurance providing one million dollars ($1,000,000) per accident for bodily injury and property damage. Professional LighiliM With respect to any damage caused by an error, omission or any negligent acts of the Vendor performed under this contract the Vendor shall carry Professional Liability insurance providing one million dollars ($1,000,000) per claim for any wrongful act. "Tail" Coverage If any of the required liability insurance is on a "claims made" basis, "tail" coverage will be required at the completion of this contract for a duration of 24 months, or the 18 maximum time period reasonably available in the marketplace. Vendor shall furnish certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following Contract completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date of this Contract. If continuous "claims made" coverage is used, Vendor shall be required to keep the coverage in effect for a duration of not less than 24 months from the end of the Contract, Acceptability of insurers: The Vendor's policies shall be written by insurance companies licensed to do business in the State of New York, with an AM Best rating of Aw VII, or otherwise acceptable by the City's Risk Manager. Subcontractors: The Vendor'shall require subcontractors to provide the same "mmi lmurn scope and limits of insurance" as required herein, with the exception of Errors and Omissions/Professional Liability insurance, unless Errors and Omissions/Professional Liability insurance is applicable to the work performed by the subcontractor. All Certificates of Insurance shall be provided to Corporation Counsel's office as required herein. Aggregate Limits: . Any aggregate limits must be declared to and approved by the City. It is agreed that the Contractor shall notify the City when fifty percent {50 %} of the aggregate limits are eroded during the contract term. If the aggregate limit is eroded for the full limit, the Vendor agrees to reinstate or purchase additional limits to meet the minimum limit requirements stated herein. The premium shall be paid for by the Vendor. Deductibles and Self-Insured Retentions: Any deductible or self insured retentions must be declared to and approved by the City. All deductibles or self- insured retentions are the sole responsibility of the Vendor to pay and/or to indemnify. Notice of Cancellation or Nonrenewal: Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. Waiver of Governmental _blMum. Unless requested otherwise by the City, the Vendor and his insurer shall waive governmental immunity as defense and shall not use the defense of governmental immunity in the adjustment of claims or in the defense of any suit brought against the City. 19 Additional Insured: The liability insurance coverage, except Errors and Omissions, Professional Liability, or Workers Compensation, if included, required for the performance of the Contract shall include the City as Additional Insured and Certificate Holder but only with respect to the Vendor's activities to be performed under this Contract. Coverage shall be primary and non - contributory with any other insurance. The City shall be named as a Certified Holder for professional Liability and Workers Compensation Insurance. Certificate of Insurance: As evidence of the insurance coverage required by this Contract, the Vendor shall furnish Certificate(s) of Insurance to the _Buffalo Police Department prior to the award of the Contract if required by the Bid document, but in all events prior to the Vendor's commencement of work under this Contract. The Certificate(s) will specify all parties who are endorsed on the policy as Additional Insureds (or Loss Payees). The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf: Renewals of expiring certificates shall be filed thirty (30) days prior to expiration. The City reserves the right to require complete, certified copies of all required policies at any time. The City reserves the right to require complete, certified copies of all required policies at any time. All insurance documents required should be mailed to: Makk Makowski Buffalo police Department 74 Franklin Street Buffalo, New York 14202 Waiver of requirements_ The Corporation Counsel, may vary the requirements at Corporation Counsel's sole discretion; if Corporation Counsel determines that the City's interests will be adequately protected without meeting all stated requirements. 13. DELIVERY DATE, PENALTIES AND EXTENSIONS OF TEVIE. The delivery date shall be considered by the Director of Purchase in making the award. Such delivery date shall be of the essence of the contract. If the contractor and/or supplier fails to complete the contract within the specified delivery date or within any extensions thereof granted in accordance with this section, the City may elect to permit the contractor and/or supplier to proceed with and complete the contract, provided, however, that in any such case such permission shall not be deemed a waiver in any respect by the City of the contractor's and/or supplier's liability for damages or expenses thereby incurred by the City as a result of the failure to complete delivery within the specified time, but such liability shall continue in full force against the contractor and/or supplier as if such permission had not been granted. 20 In order to avoid all controversy in the determination of actual damages or expenses to the City for the delay in completion of the contract by 'reason of the City's election not to terminate the right of the contractor and/or supplier to proceed with the completion of the contract, the contractor and/or supplier and their surety shall be liable for and shall pay or allow . to the City a sure equal to one percent (1 %) of the total amount of the contract per day as fixed and agreed liquidated damages for each and every calendar day, Sundays and holidays included, after the date fixed for delivery during which time the contract shall remain incomplete, and any such damrages and expenses may be deducted by the City from any payment or payments then due or thereafter to fall due to the contractor and/or supplier. No extension of time for completion of this contract shall be granted unless the contractor and/or supplier shall make written application to the Director of Purchase no later than five (5) calendar days prior to the specified delivery date for an extension of time to complete delivery and the Director of Purchase shall have granted such extension in writing no later than the date upon which delivery was to have been made. The granting of any such extension and the length of time thereof shall be in the sole discretion of the Director of Purchase. 14. NON-COLLUSIVE BIDDING CERTIFICATION. If the bidder is a corporation; the execution of the non - collusive certification in the form of proposal shall be deemed to include the signing to non- collusion as the act and deed of the corporation. No bid shall be considered for an award nor will any award be made to a bidder where the proposal does not include the statements as to non- collusion as set forth in the form of proposal herein, provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and furnish with the bid a signed statement which sets forth in detail the reasons therefore. In such event the bid shall not be considered for award nor shall any award be made unless the Director of Purchase determines that such disclosure was not made for the purpose of restricting competition. In this connection, it should be noted that the fact that a bidder has published price lists, rates or tariffs covering items being procured or has informed prospective customers of the proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same price as being bid, does not constitute, without more, a disclosure to any other bidder or to any competitor within the meaning of the non - collusive certification included in the form of proposal. 15. Conflicts'of Interest Confidentiality and lack of potential conflicts of interest is vital to maintaining the integrity of every investigation and the data gathered therein. Therefore, the Company must disclose any potential conflicts of interests and /or relationships /connections by - Principals and all employees who would have access to our account. Such relationships ma include but are not limited to connections to persom and organizations within the Ck of Buffalo through:. a. Professional or Political associations b. Political donations c. Blood or Marriage d. Friendships e. City of Buffalo employees who currently work for your company, or come to work for your company during the RFP process, and after (should you receive a contract from the City of Buffalo) as employees or consultants 21 f Union Affiliations/Memberships g. Board Member 1E6. Inquiries The City of Buffalo adheres to GML 13$. No vendor may contact, lobby or otherwise discuss the RFP with any employee, union leader or elected oficial of the City of Buffalo or other government official, until an award has been officially made.. Any contact regarding the RFP, other than allowed contact such as to discuss current business with the City of Buffalo, or during the question and answer period (via email ONLY) with the persons identified below, may result in a vendor's immediate disqualification. All vendors will be required to submit a Contract Certification ,Statement if awarded a contract. All inquiries during the question and answer period only should be directed via e-mail only to: Captain Mark Makowski: — rnmakowskj0.bpdnX.or g The subject line, must, identify the RFP by title 17. SECTION 220 -E, Labor Law. PROVISIONS IN CONTRACTS PROHIBITING DISCRIMINATION ON ACCOUNT OF RACE, CREED, COLOR OR NATIONAL ORIGIN IN EMPLOYMENT OF CITIZENS UPON PUBLIC WORKS. Every contract for or on behalf of the state or a municipality 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 shall contain provisions by which the contractor with the state or municipality agrees: (a) That in the hiring of employees for the performance of work under this contractor any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the state of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his/her behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account ofrace, creed, color, disability, sex or national origin; - (c) That there may be deducted from the amount payable to the contractor by the state or municipality under this contract a penalty .of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be canceled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and 22 {e} The aforesaid provisions of this section covering every contract for or on behalf of the state or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations perfoimed within the territorial limits of the state of New York. 18. Sample Contract Bidder must submit a copy of its standard contract, completed with details mirrored in its RfP. 23 19. STATEMENT OF COMPLIANCE and CONFLICTS OF L\T EREST Your signature below denotes that your organization, company or corporation and for the omcers, directors, employees or agents thereof have reviewed and agreed to comply with GML Section 139. No.past or present lobbyist, employee, officer or board member of your organization, company or corporation may contact any past or present City of Buffalo Employee, Union Leader, Elected Official (City or otherwise) in an attempt to influence the outcome of the RFP decision. Additionally, any potential or identified conflicts of interest are to be disclosed below. As conflicts are discovered, they must be disclosed in writing, to the designated contact person identified in the RFP, during the entire RFP, award, contract negotiation,' ratification and execution process and even after contract award.. We hereby acknowledge receipt of the RFP for License Plate Readers on behalf of City of Buffalo. We certify that our proposal conforms to the RFP except as detailed bellow_ : Conflict orpotential conflict: None. Company: Feder Title; Vice president Business Development Date: May 13, 2 013 24 City of Buff Wage Commission APPLICATION -FOR CONTRACT WITH THE CITY OF BUFFALO The City's Living Wage Ordinance applies to contracts for services in which the City pays -- or receives — more than $50,000 per year, and the contractor employs more than ten people. If you are bidding, responding to an RFP; or otherwise planning to make a contract with the City, you must complete this form, a copy of which will be forwarded to the.City'sLiving Wage Commission. Your subcontractors need not file •a separate Application, but they must pay a living wage. If you win the contract, you and your subcontractors will file quarterly reports with the living Wage Commission. You must certify that you will pay at least the hourly wages mandated by the Ordinance. As of January 1, 2013, the hourly rates are $11.05 if the employee receives health benefits from the employer, and $12.40 if the employee does not receive health insurance. There will be an automatic cost-of-living adjustment each January 1. There are two exceptions to the Ordinance. Professional contracts such as legal, architectural, or engineering services are not covered by the Ordinance. Also, persons employed in construction work covered by prevailing wage laws are exempt from the Ordinance. The City department responsible for the contract should forward the completed Application for Contract of the employer chosen for the contract to: Living Wage Commission, clo Cornell University'ILR, 237 Main St.,'Sulte 1200, Buffalo, MY, 14203. . . Z . 1. ComAanv.Information 25 _- F °i Dennis Martin 1415 W. 22nd Street Suite 1100 Oak Brook, IL 60523 y. (630 ) 954-2000 L }'•: 25 V Z Please describe the specific project or service for which the' contract is sought. Installation of fixed automatic License Plate Readers (LPR). 4. If you answer "Yes" to any of these, you need not complete parts 5, 6, and 7 26 5. Please describe the employees who will work on this contract. Attach additional sheets as'needed. Mn Program -Manager manage project S40.00 y Engineer design system $42.00 y — Systems Sr. Sys. Application Specialist install ALPR & wireless equip._ $36.00 y L— Electrician ,_Install electrical equipment 849.00 Y 26 5. Please describe the employees who will work on this contract. Attach additional sheets as'needed. o a y y • w ' _ � � � a 5 ' S. © Yes W No 7. Please provide a signature by an official of your company with the legal authorIV to make binding commitments. I certify that if awarded a City contract I wj fully complywith the Living Warms Ordinance. I \ �"�� r !1 Date: S. 1 k�> Signafiur Print: Matthew B. Brad Title: Vice President Business Development 27 CERTIFICATE OF LIABILITY INSURANCE DATEjMMID011'YYYI 11/08130,2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RiGHT8 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR HSOATIVELY'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 cart cats holder Is an A DITIONAL INSURED, the pollcy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain POI Ides may require an endorsement A statementoli We certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services central, Inc. Chicago IL office 20D East Randolph Chicago IL 60501 USA CONTACT NAME: •� o x W N,e : (066) 283 - 1122 FAX No . (847) 953 -5390 has: IN SUREP49JAFFORDING COVERAGE NAIC# INSURED Federal Signal Corporation 2645 Federal signal Drive University Park IL 60466 USA INSURETA: National, Uni On Fire Ins C of Pittsburgh 119445 INSURERa: New Hampshire ins Co 123841 INSURER 0: Insurance Company of the State of PA 19429 INSURER D: RSUI Indemnity company 22314 INSURER E: Berkley National Insurance Company 38911 INSURER R COVERAGES CERTIFICATE NUMBER: 570048180587 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. Limits shown are as requested TYPEOFINSURANCE NB POLICYNUIdBER agyypp LIMITS A GENERALLIABRLTY X CDMMERCIALGENERALLIABILITY CLAIMS -MADE x�OCCUR GL96451 1 Gi- 9645182 Premi5e GL GL Products Info 1.1/01/2012 4 11/41/2013 EACHOCCURRENCE $1,000,000 $1,000,000 $10,000 PRE a s eecU�renee MEDEXP P cm*Fermn PERSONAL& ADV INJURY $1,000,000. $2,000,000 m GENERAL AGGREGATE $6,000,000 GENIAGGREOATE LIMIT APPLIES PPP- PRODUCTS - COMP/OP AGG X POLICY PRO- LOC $3,000,000 0 P�ad•CompA,ps- EeOxpr A atrTbMOatl.E LIABILITY CA4 A05 1110112012 O COMBINED LIM aaeddanl $1,000,000 sO BDDILY INJURY (Per permn) A A X ANYAVro ALLOYJNED 60HEOULED AUTOS AUTOS HIAEOAUTDS AUT O CA4992973 NA cA4982974 VA 21/01/2D12 11/01/2012 11/01/1013 1WO112DIB 0 BODILY INJURY (Per ittidenp PAGPERIYDAMAOE nodden C 0 x uMBRELLALWB X E7ICESSLIAa OccUR CLA1M9�iMDE NHN 151 sIR applies per policy ter 11/0112012 as 8 condi ' 11 /D1 2013 ions EACHOCOURRENC£ $2 ,000,000 $2,000,000 U AGGREGATE ED I X IRETENTMN B WORRER4CONFENSATIONAND WCO 61 353 1 201 '� X TORY ET FS D EMPLOYERS'LLABILITY .YIN AOS a OPFIOSFUMEI EA PAA N NIA wco g1123S7 11./01/2012 1.1/0112013 E.L. EACH ACCIOENi (M ND, WA.WI, WY E,L.DISEAsE.r:AEMPLOYE DESCRIPTIION OF OPERATIONS below E,L. DISEA55MLICY LIMIT ASCRIPTION OF OPERATIONS ILOCATLON9I VEHICLES (Attach ACORD 101, AddttEoea, Remarks SchedUle, If more spaae Is requbed) vidence of insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE OFLIYERED IN ACCORDANCE MRnL THE: POLICY PROVISIONS. Federal Signal carpDratinn AUTHORIZED REP 2845 Federal signal Drive University Park ii 60456 usa S c,i a sl�aeged �e�9irEt @ ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The A CORD name and logo are registered marks of ACORD �i a Attachment to ACORD Certificate for Federal signal Corporation The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description ofthe coverage afforded by the insarer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSUSEr. Federal signal Corporation INSURER 2945 Federal Signai Drive UMVer5ity Park TL 6D466 USA nreTMM refer to the corresponding policy on the ADDITIONAL FO>< IM8 If a policy below does not include certificate form. for policy limits. IMR LTR 1YP60F.NSURANC ADDL rNSR SUDR "T POUCYNDMBEW POLICY EFF FOLICYFXP POUCVDISCRU71014 (mwnD/nw [rAWDDAYYM tanams WORKERS COMPENSAMN C N/A M18112356 1/01/2(112 11 01 2013 MA B N/A wcMI12355 1/01/201 11/01/2013 FL B N/A wC018112354 1/01 /2012 11/01/2013 CA Certificate No : 57004818OS67 FORM 2A — BIDDER'S AFFIRMATIVE ACTION STATEMENT The F e S' C (Company Name) hereby states that we will make good faith efforts to ensure a diverse workforce and minority business participation for this proposaVbid in accordance with the City of Buffalo Charter, Chapter 96, Bonds and Contracts. We will work toward a minority workforce goal of 25 %, and woman workforce goal of 5 %. In additi , we will work toward a business utilization goal for minority business enterprise of 25 and o an business enterprise of 5 %. (Signature of Authorized representative of Bidder) Date May 13, 2013 BIDS/PROPOSALS FAILING TO INCLUDE OR COMPLETE ANY OF THE ABOVE ITEMS 'WILL BE CONSIDERED NON- RESPONSIVE AND WILL NOT BE ACCEPTED. FORM EEO -2 15 Safety and Security Systems Advancing security and w0- being. t_ May 15, 2013 Mr. William Sundedin Director of Purchasing Division of Purchase City of Buffalo 65 Niagara Squre, Room 1901 City Hall Buffalo, NY 14202 -3302 RE: Request for Proposal for License Plate Readers Dear Mr. Sunderlin, f 25 5 fied`era7 Signal;?rive University Park, Iflinofs 6048440975 804.548.7229 alertnotificatio n.com In certain situations and during emergency events, the dissemination of information is Ivey to life safety. Messages must not only be seen and heard — they must be understood. Today, outdoor notification systems have grown to protect us against more than just fires. These systems alert us and provide us with critical information and directioris to follow during dangerous weather, acts of terror, other hazardous events, and even day - to-day business operation to ensure good communccalion practices. To reach the majority of individuals, these messages must integrate across. multiple platforms and include a corrlolete range of communication methods -both visual and auditory. Federal Signal Corporation is pleased to present our bid proposal in response to your request for a License Plate Readers solutions. In the enclosed bid proposal, we have documented why we feel our leam's benefits are the most qualified to successfully manage the responsibilities and fulfill your needs under the terms of this propct. Federal Signal Corporation seeks to continue the wholesomeness your community has already provided by offering the highest level of quality for a project of this magnitude that we feel will satisfy your needs. We are the leading provider In resolving safety and security events, where our outdoor warning systems deliver the instant, reliable and complete notification solutions that communities depend on when seconds count. We have been providing solutions for public safety, security, and mall -being for over 111 years. We offer a robust portfolio where we have deployed hundreds of indoor and outdoor warning and mass canmunlcation solutions throughout the country. With Federal Signal Corporation you will get: A team committed to helping you achieve your goals 150 9000 / ISO 9001 are an international standard set of requirements that reflect time - proven, universally accepted business practices for proven companies. As a Certified ISO 9001 Quality System Manufacturer, Federal Signal Corporation is continuously enhances all solutions for public safety and security and interoperable communications solutions that are used by commercial organizations, federal and state municipalities, public transportation, and education entities around the world. This means that we will consistently meet your needs in turn you will be satisfled In all company activities from design, manufacturing, production, purchasing, quality control, packaging, handling, and storage, shipping, and to customer service — are will be aptly managed and controlled. A leading global designer and manufacturer qualifled to coordinate and control the primary project drivers; system functionality, budget, and-schedule Our experience helps us to ask the right questions and offer alternate solutions to common issues. We integrate the immediate needs of the clients with the larger vision of the community, but most importantly we do so to a cost effective way without sacrificing quality and desired features. This benefit to our customers has resulted in the successful system deployments in over 40 countries woddwlde. We are excited to have the opportunity to work with you to deliver a state -of -the -art solution that will assist you In achieving your goals and build a long -term successful partnership with you. Should you require additional Information, please do not hesitate to contact me st (630) 209.2951 and/or mbrady @federalsignal.com. Regards, FED AL SIGNAL CORPORATION _.' Matthew B. Brady VP Business Development Cc: Tamika L. Dew, Gina Erickson Section 1 Executive Summary Section 2 Technical Response Section 3 High Level Project Schedule Section 4 Corporate Overview & Profile of Services Sectlon 5 References - Section 6 Cost Proposal Section 7 Vendor Certification Forms Section 8 Copy of Standard Contract Section 9 Storage Calculations & Data Sheets Purpose The purpose of this proposal is to provide the details of f=ederal Signal. Corporation's offering, ldentlfy the benefits to the Buffalo Police Department (BPD), and communicate the advantage of teaming with Federal Signal Corporation for the implementation, of a Automatic License Plate Recognition (ALPR) system in Buffalo, NY. Federal Signal has also included, as pars of the proposal, at no cost to BPD our SmartMSG platform which will allow for the escalation of plates found via text and email to BPD or other. agencies looking for specific license plates, Federal Signal has been at the forefront of ALPR for the past six years and has deployed solutions around the world. Federal Signal is the world Jeader in deployment of fixed and mobile ALPR solutions around the world A over 30,000 ALPR cameras deployed. Proposal Overview This proposal consists of the following sections to provide Buffalo Police Department with an understanding of the project offering and scope., • Execufive Summary . • Point by Point Responses High Level Project Schedule • Corporate Overview • Client Portfolio & References Cost Proposal . • Vendor Certification Forms • Copy of Standard Contract Storage Calculations and Collateral Project Understanding We understand that Buffalo Police Department is a progressive crime fighting agency who wants to promote safety and well being to the citizens of Buffalo. We understand the scope of work for the initial five locations. 1, The Bailey Street and Pullman Ave location will require one (1) ALPR camera and hardened modem for 3G/4G backhaul 2. The Bailey and Broadway location will require ten (10) cameras to adequately cover the intersection in order to capture all lanes of traffic. We will also provide a hardened modem far the 3G/4G backhaul 3. The Broadway and Young location will require four (4) ALPR cameras and hardened modem for 3G14G _ backhaul 4. The Miller location will require one (1) ALPR camera and hardened modem for 3014G backhaul 5. The Goodyear location will require one (1) ALPR camera and hardened modem for 3G/4G backhaul Federal Signal Confidential & Roprletary Page 1 of 9 General Install Provisions and Limitations • Governing Law and Limitations. This Agreement shall be governed by the laws of the State of New York. Installa ion Methods . & Materials. Installation is based on methods and specifications designed and intended by Federal Signal to meet or exceed all national, state & local safety and installation codes and regulations. Design changes required by Customer may result in additional charges. • Radio Freguengy Interference. Federal Signal is not responsible for RF transmission and reception affected by system interference beyond its control. BPD will use 3G/4G moderns or Wi -Fi radios to backhaul data. Permits & Easements. Federal Signal is responsible for obtaining and payment of all other required permits, or other fees required for installation, at locations identified by BPD. BPD responsible for easement agreements. • Contami aced Sites. Federal Signal is not responsible for cleanup and resloration of any installation sites or installer equipment where contaminated soil is encountered. Federal Signal will not knowingly approve installation at any site containing contaminates. Customer must inform Federal Signal when known or suspected soil contaminates exist at any intended installation site. • Site Cleanup. Basic installation site cleanup includes installation debris removal, general site cleanup, and general leveling of affected soil within 3' of the pole. • Work Hours. All installation quotes are based on the ability to work outdoors during daylight hours and indoors from 7 AM to 7 PM Monday fhrough Saturday. Work restrictions or limitations imposed by customer or its agents may result in additional charges being assessed to Customer for services. • SoW Requirements & Compliance. Federal Signal requires that all subcontractors and their employees follow applicable laws and regulations pertaining to all work performed, equipment utilized and personal protective gear common to electrical and construction site work performed In the installation of Federal Signal equipment. Additional safety compliance requirements by Customer may result in additional charges assessed to Customer for the time and expenses required to comply with the additional requirements. • Project Qefa r�s Federal Signal shall not be liable in any regard for delivery or installation delays or any failure to perform its obligations under this Agreement resulting directly or indfrectly from change order process €ng, acts or failure to act by Customer, unresponsive inspectors, utility companies and any other causes beyond the direct control of Federal Signal, including acts of God, weather, local disasters of any type, civil or military authority, bras, war, riot, delays in transportation, lack of or inability to obtain raw materials, components, labor, fuel or supplies, or other circumstances beyond Federal Signal's reasonable control, whether similar or dissimilar to the foregoing. • Point of Contact: Federal Signal and BPD are to provide a single Paint of Contact (POC) responsible to coordinate and channel all primary communications and change orders affecting the Contract, Purchase Order, Scope of Work and/or Schedule for the duration of the contract, Changes to the POC by either parry may require adjustment to the contractual deadlines to adjust for the transition period. Federal Signal Confidential & Pwrretary Page 2 of 9 rn Project Management . This. portion of the BPD project includes all periods that this contract is in effect. Project Management is designed to provide knowledge, skills, tools and techniques to the various project activities under the contract in order to meet the project requirements. Federal Signal will use a Full -time Project Management Team to manage the project. The team will coordinate and control the following areas; • Attend & Conduct Project Meetings • Project Scheduling • Oversee Site installation Phases. • Communicate with BPD representative on all facets of the project, • Coordinate sub - contractors. ■ Process all invoicing. ■ Develop training plan and schedule ■ Develop and oversee punch lists. ■ Develop project close -out documents Weekly meetings will be meld each week with BPD or their representatives. Federal Signal reserves the right to use technologies such as audio, video, and web conferencing for such meetings. Federal Signal will supply licenses necessary to provide video conferencing or conference call bridges for such meetings, If mutually agreed upon by attendees to the meetings. Federal Signal will produce an Issues and Action Items Log of these meetings, Federal Signal may also use a Microsoft 5harePoint site for all documents related to the project. Limitations of access will include mutual agreement between Federal Signal and BPD in order to maintain conridentiality of documents. Federal Signal will use a Change control procedure that is designed to minimize any impacts on the parties to this project A "Change Order° form will be used for any to be approved. This will include the signatures of the Federal Signal Project Manager and BP representative or legally authorized representative. It shall Include the base proposal costs and any changes, negative or positive, that may affect the proposal The Installation, Implementation, and Integration of the system should be conducted In a timely manner subject to the assumptions and limitations identified in the Federal Signal proposal as well as fulfillment of responsibility within the responsibility matrix. When Federal Signal is Identified in the Responsibility matrix It Is assumed to also include such sub' contractor as a representative of Federal Signal. Federal Signal Confidential & Proprietary Page 3 of 9 D 1� Proje implementation phases include: * RFP Process (if applicable) o .Contract Negotiation o Proposal Team Review o Contract Approval • Project Planning & Administration • Kick -off Meeting • Site Survey Development • Site Survey Approval • Permit Application & Approval * Procurement, Delivery, & installation o Camera & Related Equipment o Utility Locate o Video Storage Installation (if required) o A/C Power Installation * Site Optimization & Closeout o Site Optimization & Vesting o Knowledge Transfer o Closeout Documentation o Media Day ct Mana ernent Resnonsibilill Matrix . Task Responsibility DeKverable Supervis €on of All Work Federal Signal Sufficient Supervisors, Policies and Procedures to ensure job completion 81 weekly Meetings Federal Signal & 90D Meetings will be held using web, audio, or video conferencing ca lines Reports of Meetings Federal Signal Written report of meetings in Issues and Action Items format Project Scheduling Federal Signal Microsoft ProjectSchedule with no less than weekly updates if necessary Change Control Federal Signal Change Order documents Wth sufficient documentation, Federal Signal Confidential & Proprietary Page 4 of 9 Project Kick Off The Project Planning and Administratfon Phase of the project will be Initiated pith a Project Kickoff meeting including key BP representatives and Federal Signal project participants. The objectives of the Kickoff meeting will include; • Introduce and exchange contact information of all project participants. • Review roles of key participants and project review procedures. • Establish a clear chain of communication and authority. • review overall project scope and objectives. • Review resource and scheduling requirements. • Review preliminary project schedule with BPD. Project Kickoff Responsibility Matrix Task Responsibility r lnitiaW the Project with a Kick Off Federal Signal & BPD Documented Project Personnel Meeting. Names, Responsibilities & Contacts Define Format of time Issues and Action Federal Signal & BPD Initial Issues and Action Item Log Item Log. Review Change Control Procedures Federal Signal Change Control Form with the BPD Provide Contacts for Installation related BPD Contact listing including names, Issues including permitting, ROW and phone numbers and email Easement approvals, Fiber drop address, if applicable. locations and applicable Utility Companies. ALPR Camera Site Installation Federal Signal will be supplying the listed bill of materials and implementation services as specifically listed in the written Bill of Materials Quotation, as detailed in the proposal and/or stated by Federal Signal. Re- engineering or design changes to the bill of materials will not be considered in scope. The scope of work may not be specific to quantities in some areas as all quantities are subject to the required surveys. ALPR Camera Site Install Responsibility Matrix Fi deral Signal Confidential & Proprietary Page 5of9 Task Responsibility Deliverable Install one Server with UPS and managed switch Federal Signal As -built drawing and head radio server inside a server cabinet (provided by BPD) with 1 -17" monitor at the location determined b BPD InstalfALPR camera equipment and radios with Federal Signal Antennas an polesAraf is lights at five (5) locations in the RFP Arrange and have Poles sank and AC power ran to BPD /City sites within six feet at each location Install Back office software system's client software 'Federal Signal Install operating system on the work stations BPD Install ancillary software like anti- virus, etc - BPD Supervise installation on daily basis Keep site Federal Signal Weekly project report to Federal Signal clean Site clear of debris Provide secure staging location BPD Secured location to stage and store the equipment Provide 3G/4G modems BPD Install 3G14G modems for backhaul of data Federal Signal Federal Signal Confidential & Proprietary Page 6 of 9 Warranty & Maintenance Knowledge 'transfer • Training Successful system implementation as well as ongoing system management and maintenance can be greatly enhanced by the. careful transfer of knowledge from Federal Signal in -house experts to system managers, technicians, and end users. Critical elements of knowledge transfer include knowledgeable instructors, wellAesigned courseware, lab activities, and system hardware and software that closely parallels your operating environment integrated with proper system documentation. Training Overview is provided in the System Description. Federal Signal will conduct training courses that are designed to provide technical and functional knowledge on all systems that the first responder organizations will be required to operate. Training will be provided to Administrators, Operators and Technicians personnel assigned to the BPD Dispatch Centers or requiring interfacing with system. Training shall delivered based on an established training schedule and shall be scheduled to have minimal impact on day to -day operations. Training facilities shall be provided by BPD. Documentation shall be provided in sufficient quantity to furnish each trainee wish one operations guide for the product or service being trained. BPD personnel shall be trained on how to develop and generate standard and ad- hoc reports and fries that are within system capabilities. Training that allows BPD personnel to reconfigure the systems as well as perform diagnostics, fault determination and resolution, and performance analysis shall be provided within the limitations of warranty protection. This training shall be limited to those personnel with specialized education sufficient enough to prevent damage and failures of the system and components. An electronic copy shall be'provided to allow BPD to provide future training. Closeout/Acceptance Procedures This phase of the project consists of ensuring that there are Acceptance Procedures, Federal Signal shall provide upon request any documentation to support its components or systems used. Federal Signal Confidential & Proprietary Page 7 of 9 Responsibility Matrix Task Responsibility Delivemblo Establishing an acceptance test procedure Federal .Signal and Accept test plan BPD Verification that Installation, Implementation, BPD Acceptance Testing Criteria and Integration is Compliant with Contract Test all Components or Systems used In Federal Signal Documented results of testing Project Testing of Deliverables BPD Acceptance of Deliverable in Writing Issuance of BPD Acceptance BPD Millen acceptance of components or system Deficiency Identification and punch list items BPD Wr€tfen report detailing failures ar deficiencies within 10 business days Deficiency Correction Federal Signal Written report or email detailing corrections required within 14 business days. Federal Signel Confidential & Proprietary Page 8 of 9 fiystem Acceptance Certificate The purpose of this document is to provide confirmation that Federal Signal (FSC) has completed the project with the following punch list items. By signing this document, the customeracaepts the system and acknowledges; ✓ FSC will Molce the customer for the associated purchase order(s). If applicable, warranties and/or service agreements will be effective the date this confirmation form is completed by both parties. Site Addresses Customer Name Customer PO # FS Sales Order /Quote # Is the installation Is the system opt Customer Rep Signature: Customer Rep Name: FSC Rep Signature: FSC Rep Name: t .� s .:Y, ° r ?'dyiYrr` n_'_r IM .s'si,.9' {ino_ ;a_KS::r:' ❑ - Yes ry No ❑ Not applicable El ❑ No ❑ Not applicable Date: Date: Call 1- 800 - 524 -3029 or visit http:llwww.federalsionaloubILga -com/ for technical support and additional documentations. Call Customer support & Sales at 1- 800 -548 -7229 for purchasing additional equipment, extended warranty, and on -site maintenance. Federal Signal Confidential & Proprietary Page 9 of 9 SCOPE OF WORK our proposed Scope of Work (SOW) for this proposal to follow defines our principal activities and responsibilities of all parties for the Implementation of License Plate readers for the City of Buffalo, NY. & Turnkey Project: The successful vendor will provide the City of Buffalo a filly operational network of fixed LPR cameras that wNl download LPR data to one or more central sites. This wodc will Include, but not be limited to: the professional services necessary to provide the complete installation; LPR hardware, cameras, software, enclosures, weather and surge protection; necessary electrical power, network interface, communications; initial administration. Agreed, a turnkey project has been quoted - and 'will - be deployed in Buffalo wilhih an agreed-upon frame: b. The Assessment. As directed by the City of Buffalo, the successful vendor will gather information from the selected sites in order to assess the cameras, hardware, equipment and security needed to successfully operate LPRs properly and at optimal operating efficiency and effectiveness. We will gather Inforrnaflon from the selected sites in order to assess the cameras, hardware, equipment and security needed to successfully operate LPRs properly and at optimal operating efficiency and effectiveness. c. Project Design: The successful vendor will provide the City of Buffalo with a physical and virtual project design for each LPR including equipment placement drawings and network configuration information. Federal Signal will provide all drawings requested with network configurative. We Will also include as built drawings once the project is complete. it will come in a bound format and on CD or memory card. Some typical instdlailons . photographs are included below, r�' v Page I of 4 d. Project Planning: The successful vendor will provide the City of Buffalo with a high level plan with project milestones for each LPR installation as prioritized by the City of Buffalo. The project Plan will be updatedmonthlyby the successful vendor. An example of the project plan is enclosed in this proposal. However, Federal Signal will work with SPD and hold weekly or monthly calls on the project milestones and agreed dates. e. Single Point of Contact— The successful vendor: The successful vendor will name a Project Manager for the City of Buffalo project The project manager will be fully informed of the project stalus and details at all times and will be authorized to address any concerns and issues raised by the City of Buffafoin a timely fashion, Federal Signal has assigned a certified Project Manager, Peter Keleher, PMP to this project. In addition, Matt Brady will serve as the Project Principal of which he will be available 2417/365 in the event any unforeseen activities arise. Matt can be reached at (630) 209.2951 at all times, We have provided resumes that outline our proposed team's experience. f. Single Point of Contact— the City of Buffalo; The City of Buffalo project Manager current incumbent is Captain Mark Makowski. The Successful vendor will provide all documentation, change requests, and communications to the Project Manager as identified by the City of Buffalo. We understand that Captain Mark Makowski will serve as the City of Buffalo's Project Manager for this project. Therefore we will provide all documentation, change requests, and communications to Captain Makowski. g. Installation: The successful vendor will install LPR equipment. cameras, mmmunications, software, including setting up interfaces to alt included systems and will deliver. Federal Signal will install LPR equipment,.cameras, communications, software, including setting up interfaces to all included systems and will deliver the features below. a. Fully functional LPR equipment and cameras at each designated freldlocation, accurately capturing 95% or more of the subject license plates passing each cameras. Agreed b. Fully functional communications from the LPR held site to a cenfralserver. The successful vendoris not responsible for the performance of the cellular carrier service or other transport service. Understood c. Automatic download of LPR data from LPR camera to the central servers, to be designated by the successful vendor. Agreed, the data Is automatically downloaded, at times set by BPD. We can download the data to the central servers at times/time of day /number of times per day all at BPD's discretion, d. The camera installaffon must be supported by the vendor's most currently available software for end user use. . Installation and deployment of this currentsogware must be included in the price. Agreed Page 2 of 4 e. L.PR data interface with VAI DIG software anAr otherspecifred software by mutual agreement. Agreed, Federal Signal will work to interface upon mutual agreement, f- All services according to the requirements of local law, including brit not firdifed fo: I The successful vendor will obtain all permits and approvals required by local governments for this project. ii. The successful vendor will follow all applicable traffic safety law and regulations, such as the need for road crews and flag man in certain situations. Agreed .g. Field installation on utility poles or as otherwise designated at an agreed height to discourage criminal mischief and damage. Agreed h. Documentation. The successful vendor will provide to the City of Buffalo one set of as built drawings of the system and network, both physical and virtual upon completion of the installation and subsequent as built drawings for any additional installations as contracted for by the City of Buffalo. Agreed f. Vendor Employees and sub - contractors: The successful vendor, in performing and completing the services required to be performed, shall: Understood a. Furnish personnel who have skills required for the job and furnish the City of Buffalo with employees'resumes upon request. Agreed b. Furnish employees and sub- contractors with the specific address and name of the person to whom to report at the City of Buffalo designated premises, Agreed c. I=nsure that its employees and sub - contractors comply with the rules, regulations, policies and procedures of the local premises, including but not limited to fire protection, safety and secud7 ; :. Agreed d, Schedule its employees and subcontractors to work in coordination with the business needs of the City of Buffalo, Agre ®d Page 3 of 4 \ 1" Remove any employee and/or sub - contractor from assignment to MIS project for any reason upon the Cify of Buffalo request, Agreed Warranty. For products, goods and services delivered under the terms of this agreement or forproducts, goods and services delivered as the result of any purchase order placed by the Cify of Buffalo which incorporates the terms hereof, the successful vendor warrants that all products, goods and services provided and work performed under this Agreement will be substantially free from defects, performedin good and workmanlike manner and in accordance with the besi practices of Contracto(s trade or business. The successful vendor warrants that all pads and labor furnished hereunder will perform as originally designed for a period of one year (365 days) after installation, servicing and /or repair, unless warranted for a longerperiod of time by the original manufacturer, in which case the longer warranty term shall apply. Agreed Acceptance: The successful vendor will complete the work required as specified. All l.PR systems and software will be fully operational and released for full -time operational and productive use by the and users and end users have received training. Upon completion of work under this contractor attached addenda the successful vendor shall notify the City of Buffalo that the work has been completed. The City of Buffalo shall accept the work done or nifty Vendor of any outstanding issues with incomplete or improper functioning services. Vendor will resolve any outstanding issue within a reasonable time period not to exceed 980 days. The City of Buffalo may withhold approval until outstanding issues are cured. Acceptance of work shall not be unreasonably withheld by the City of Buffalo, Agreed Training: The successful vendor shall provide training to the end userintelkgence analysts and other pars on n of as designated by the City of Buffalo within 95 business days from the completion of the installation, Agreed, Federal Signal will provide training to BPD on site in Buffalo. m. Help t)esk The successful vendor will provide Help Desk support. Agreed, Technical help desk support will he provided by Federal Signal. Maintenance: The successful vendor will provide the City of Buffalo. with the highest level of tumkey maintenance and support available to any customer. a. Standard support and maintenance benefits; 1. 2417 Web Support it All bug fixes & patches within the current version iil. All saftware upgrades within the current version iv. Access to The successful vendor's engineers and analysts for consultations Agreed o. On site Maintenance: Upon request and as necessary to remedy a problem with the proper operation of LPR equipment in the Geld, the successful vendor will dispatch a technician to the site. Such service will be specified in an agreed to turnkey maintenance contract Agreed Page 4 of 4 r Section 2. Technical Response VENDOR SELECTION CRITERIA Enhance your officers' safety and productivity while maximizing your department's revenue. Automatic License Plate Recognition (ALPR) delivers the ability to read vehicle license plates and check them against an installed for rapid identity verification. The license plate recognition system has been used to locate stolen or wanted vehicles and Identify parking- ticket scofflaws. Our rapidly deployable, scalable solution uses rugged infrared cameras that connect to leading -edge optical character recognition. (OCR) technology software, allowing you to conduct surveillance under varied lighting and wealher conditions. Captured information is immediately processed, and you are alerted only when a "hit' occurs. Therefore, as you evaluate our proposal, we ask that you consider the following Information: A. Turnkey Project a. The response to this Request for Proposals (RFP) must clearly and fully delineate the vendor's qualifications for installing the specified field License Plate Readers (LPR) units and their connection to a centrallzed'data warehouse" and making them fully operable. Federal Signal Corporation has provided our qualifications for to be selected to instals the specified field License Plate Readers (LPR) units under the terms of this project. in addition, we have also provided an overview of our capabilities for the connection to a centralized "data warehouse" for the operability forthe Buffalo Police Department. For over a decade, Federal Signal has deployed over 25,000 License Plate Recognition readers in Europe, Asia, South America, the Middle East, the Royal Canadian Mounted Patro l in Canada and throughout various major cities in the United States such as Chicago, Cincinnati, Los Angeles, San Diego, Seattle, and to name a few. As a leading public safety and security provider, we are pioneers at integrating solutions for our customers when seconds count the most. We have offered hosting solutions to our customers where we have manage the responsibility of storing permanent data such as the City of Buffalo seeks an environment of warehousing data b. The response must include provision of an all - weather box with modem and antenna. Vendor may also propose battery bark-up and internal heating In addition, our response includes pricing for all- weather boxes with modd and antenna's which is featured in our Cost Proposal section. Also, we have also proposed a battery back -up as an option; however, internal heating units are not required with our technology. c. The response must include per unit pricing for all specified parts, accassories, cables, software and software licenses. Our response includes.per unit pricing for all specified parts, accessories, cables, software and software licenses. d. The response must include per unit pricing for all electrical installation services, Federal Signal will coordinate with all City departments, local utilities and all costs will be included for permits and approvals. B. LPR System Rellabtlity a. Reliable data acquisition and transmission in varied environment (24 hours perday, ail seasons, wind, and all preclpitation). Include proven reliability and accuracy statistics. Agreed, Federal Signal has the most reliable product on the market. Federal Signal Confrdential'& Proprietary Page 9 of 4 b. Flexible deployment options to meet future requirements and changes. Agreed; -as the City of Buffalo, W continues to grow and expand with otherlocal agencies, our solution will allow the - flexibility to deploy to adjacent organizations, departments, the State and Canada. Below is a view; B y hbpA - lrid ill f Orlfnu AErpgn ' "PP; .l 1, Er- c Five year commitment to project maintenance and upkeep, with pricing to be included in the proposal. Federal Signal has enclosed five year commitment to project maintenance and upkeep with pricing included in this proposal. d. Ability to updatelexpand (in order to avoid obsolescence). Agreed, our proposed solution has the ability to updatelexpand in order to avoid obsolescence. e: Compatibility or interlacing with existing systems data, Federal Signal will work wlth the Buffalo Pi} and current vendors for the purpose of understanding the compatibility and interfacing with the existing systems data. C. Cost: Total Cost of Ownership, a. Five -year total cost of ownership -to include pricing for 1 yr, 3 yrs and 5 yrs complete turnkey maintenance. Pricing for 1, 3 and 5 year complete turnkey maintenance has been included, b. Software and hardware, including all updates. Federal Signal Confidential & Proprietary Page 2 of 4 Section 2: Technical Response Agreed, we have included the software and hardware, including all updates in cost proposal section. c. Training Agreed, we have included Training in the cost proposal section. C. Support a. Coverage detail and duration for warranty. Federal Signal has team of trained engineers who can install, optimize and warranty the product remotely and in Buffalo, NY. Product comes standard with a one year warranty. The 3, 5 year warranty has been priced in the proposal. b. Coverage detail and duration for maintenance. We have included coverage detail and duration for maintenance, along with pricing in our proposal response. c. Procedures for trouble reporting. Federal Signal Corporation will afford the trouble - shooting procedures in the event we are awarded this project. d, Response time for trouble reporting (in hours), Our solution has 24111365 support services, as well as adequate onsite support Installation, maintenance and troubleshooting services all of which we offer the City of Buffalo. e. Proposal for onsite support. Federal Signal has affiliates within two hours driving distance that can troubleshoot the cameras the same day. The pricing for this-service is included in the pricing section of this proposal. E. Timeframe for Deployment a. Proposed timetable for deployment from receipt of purchase order Federal Signal will commence the installation within 10 days providing receipt of a Purchase Order andlor Notice to Proceed. F. Training plan and documentation. a. 'Training proposal. Federal Signal will hold training on -site in the City of Buffalo andlor solidify arrangements for a group to take place Knoxville, TN. in addition, ourtraining sessions are 14 days in length and are based on high level training to heavy technical training, b. Available Online help resources, We offer online and voice technical support services for all of our customers. Federal Signal Confidential & Pro dotwy Page 3 of 4 Section 2: Technical Res use G. Security & Backup's a. Procedures for secure data backup and transmission procedures in the event of a power failure or loss of communications. In event of a power outage, data can be stored locally at the edge in each Intersection and can be retrieved via Wi -Fi connectivity and/or can be manually taken off via a memory stick. b. Procedures for restoration of service. In case of an outage; the system will automatically restore itself and go back h service, However, a secure user with credentials would be able to bring system back up manually. In the event neither is successful, Federal Signal will troubleshoot via voice, and if authorized request for VPN access into Buffalo PD's network, and /or dispatch someone to BPD immediately. H. Vendor Stability a; References The following entails a snapshot list of our Automotive License Plate Recogn Ilion customers e City of Cincinnati, OH • City of Chicago, IL • Cook County, IL • City of Los Angeles CA • California Highway Patrol, CA • City of San Diego Police, CA • San Diego Sheriff Department, CA • London, England • The RCMP in Canada HIDTA City of Houston, TX • Jefferson Parish, LA • New Orleans, LA b. Local availability of suppordservice Federal Signal will work with BPA to enlist a full time person in the City if the deployment size warrants this and will work on a cost effective proposal. We have trained installers and engineers, who have bucket truck access who can be dispatched to the local sites within a business day. Federal Signal is working with a local electrical and install firm which will be trained on installation, optimization and technical tier 1 trouble shooting in the event of award. We will keep someone dedicated full time on the project for the first 90 days of deployment who will be able to resolve any BPD issues within hours. c. Size We are publically on the NYSE under the symbol FSS. With a team of over 2800 employees worldwide, we guarantee that our systems provide the complete functionality necessary, as well as a unique scalability and integration capability that satisfies our customer's needs. We have generated over $880m in sales in 2012 with a Market Cap of approximately $Boom. d. Years in business Since the founding of Federal Signal Corporation in 1901, the firm has consistently ranked within the top U.S. firms that specialize in public safety and security. i Federal Signal Confidential & Proprietary Page 4 of 4 FEDERAL SIONAL Safety and Security Systems Advancing serurlty and weMeing V. , b CORPORATE OVERVIEW Advancing security and well -being Forever 110 years, Federa€ Signal Corporation has delivered systems and solutions designed to enhance the safety, security and well -being of communities and workplaces around the world. We have deployed thousands of warning solutions, mass communication, and surveillance systems for various City, County, State agencies containing unique features to ensure the success of every project. Our systems are successfully Qperatibg in more than 40 countries worldwide; servicing Fortune 500 customers such as Ford Motor Company, Pacific Gas and Electric Corporation (PG &E}, the State of Hawaii, the State of Washington, the country Qf the State of Kuwait, the City of New York Department of Information Technology & Telecommunicatiorl5.(NYDOITT), Michigan State Police, and the Center for Medicare & Medicaid Services to name a few. Our experience ranges from challenging indoorloutdoor warning systems to critical communication and video surveillance systems. A hallmark of our planning process is the ability to thoroughly, yet quickly, define and refne our customer's needs. Our project managers and designers employ methods and disciplines appropriate to a customer's specific need. As a project progresses; our project managers, production team and engineers work collaboratively to ensure we deliver solutions that meet customer requirements. With a team of over 2800 employees worldwide, we guarantee that our systems provldethe complete functionality necessary, as well as a unique sapability and Integration capability that satisfies our customer's needs. Since the founding of Federal Signal Corporat in 9901, the firm has consistently ranked within the top U.S. firms that specialize in public safety and security, With a mission to serve, listen, create, and deliver advanced security and well -being solutions that save lives, the firm cont to grow with offices in emerging markets such as South America, China, Hong Kong, Spain, Middle East, and Turkey. Federal Signal Corporation's corporate headquarters is located in Oak Brook, II_ and the Safety and Security Systems Group is headquartered in University Park, IL and is the world's largest facility dedicated to the des�n and manufacture of public warning and safety, signaling, and communication products. Federal Signal Corporation's Safety and Security Systems Group operates under a rigorous certified quality management system designed to meet-the requirements of 150 9001:2008. This system demonstrates our ability to consistently provide products that meet customer and applicable regulatory agency requirements aimed toward enhancing customer sal €sfaction through effective application. Our customer's appreciate the extra steps we fake toward reliability and satisfaction through our various farms of continuous process improvements, assurance of conformity, and certifications. Oak Brook University Park Corporate Headqueders Safely And security Syslems Group Heatlquwers 1415 W. 22rd Street Suite 1100, Oak Brook, IL 00523 Aleft and Nolftdon Systems W0.954.209D I P www.federalsignal,can 2M Federal %nal Drive, University PM, i180484 708.534.34001P wavw.elerbwBflcahon.com 1: '4 FEDERAL SIGNAL Safety and Security Systems / Alerting & Notification Advancing sacuriryand well- being. PRODUCTS & SERVICES OVERVIEW Advancing security and well -being Federal Signal Corporation is the leader in alerting & notification solutions for communities and facilities around the world. Our solutions include systems for Command & Control, Interoperable.Communication, Notil'rralion Messaging, Indoor & Outdoor Warning Systems, Intercom & Public ¢ddress/General Alarm, Video Surveillance, Access Control, In-Car Video, CBRN Detection, and Broadband Wireless Communications, Our total solutions approach utilizes a variety of technologies enabling municipalities, campuses, healthcare and industrial facilities, military installations, and utilities to maintain the safety,. security, and well -being of their constituents and personnel. Our market leading software, equipment, and services deliver "holistic" alerting and notification systems that integrate outdoor, indoor, and personal notification systems over a redundant netwoiked platform. Below Is a snapshot of the products we offer in various markets. PUBLIC WARNING NOTIFICATION • Command & Control Commander Software Geo- Targeted Activation S82000+ Encoder UV Electronic Siren Controller UV Indoor Controller' FCIDC Control series Cellular /Satellite Communications LMR/TrunkinglTETRA Communications Broadband Wireless and IP Communications • Outdoor Warning Solutions Electronic Sirens + Modulator II. • D5A Eleetro- Mechanical Sirens + 2001 -930 « 508 + Eclipse -8 + Indoor Notification Solutions I -PAS PAIGA Centralized Public Address Tone -Alert & Voice Alert Devices Strobes & Speakers PS Series Push Button Stations Integrated Communications Systems SmartMsg Communication System CBRN Detection System Speed Enforcement Mobile, Iri -Car Video Broadband Wireless Networking Remote Terminal Units Oak Brook Corporals Headquarters 1435 W. 22 1 d Street Suite 11160, Oak Brook, IL 66523 630.954.20061P arww,federalslgnAcom INDUSTRIAL, OFFSHORE COMMUNICATIONS • Communications Solutions ECHO Digital Intercom & Communications System PAGASYS Public Address & General Alarm SelecTons Two -way, Multi -party Intercom & Paging . System + Life Safety & Security Solutions Edge Rough Duty UPS PBX Systems Audible & Visual Signals Access Control Systems PROFESSIONAL SERVICES • Englae0rig Design & Consulting + Network System Architecture + System Integration Planning + System Specification Advising • Program /Project Management • Factory & System Acceptance Testing Installation Commissioning • Preventalive Maintenance • Field Services & Warranty Support univetslty Park sarelyantl seaitily Systems Group Headquarters Alerting and Naffiicarkm Systems 2645 Federal signal Drive, Unkersily Park, IL 60484 708.534.34001P www.alaft#ncaUDn.com Section 5: Client References Alameda County Sheriffs Office (CA) City of Btythe (CA) Alto Traffic (Me)aco) I. City of Boulder (CO) Amano McGann - Nashville Airport (TN), City of Burbank(CA) Aurora PD (CO) City of Carrollton (T7 Baton Rouge PD (LA) City of Chehalis (NA) Baton Rouge PD (LA) City of Cincinnati PH) Bethlehem PD (PA) City of Clovis (NN) Bloomington PD (MN) City of Coachella (CA) Blount County Sheriff (TN) City of Concord (CA) Boone County Sheriff (KY) City of Conway (AR) Broward County Sheriff Office (FL) City of Coronado (CA) Burbank Airport Authority (CA) City of Cudahy (WI) Caddo Parish Sheriff Office (LA) City of Dublin (CA) Cameron County Sheriff's Dept (TX) City of El Cajon (CA) Carrollton PD (TX) City of Englewood (OH) Cedar City PD (UT) City of EvansQle (ilk) Chatham County (GA) City of Fontana (CA) Chesterfield PD (MO) City of Fullerton (CA) City of Rancho Palos Verdes (CA) City of Georgetown (SC) City of Moreno Valley (CA) City of Glendora (CA) City of Albuquerque (NM) City of Gretna (LA) City of Atlantis (FL) City of Groves (TX) City of Bartlett (TN) City of Henderson (Nl0 City of Bell (CA) City of Highland (CA) City of Bell Gardens (CA) City of Highland Village (TX) City of Beverly Hills (CA) City of Hobbs (NM) City of Bloomington (MN) City of La Mesa (CA) Section 5: Client References City of Las Vegas (NV) City of Visalia (CA) City of Lynwood (CA) City of Waco (TX) City of Malibu (CA) City of Wheat Ridge (GO) City of Medford (OR) Claremont PD (CA) City of Milpitas (CA) Coeur d'Alene PD (ID) City of Morgan bill (CA) Colorado State University City of Norlh Las Vegas (NV) Concord PD (CA) City of Oxford (OH) Cooks Communications - Fresno County Sheriff (CA) City of Pasadena (CA) County Riverside - Jurupa Valley Station (CA) City of Peoria (AZ) County of San Bemardino (CA) City of Phoenix (AZ) County of San Diego (CA) City of Portland (OR) County of San Mateo (CA) City of Prescott (AZ) Covina PD (CA) City of Racine (WI) Crockett County Sheriff Office (TX) City. of Richland (MS) CSU Long Beach PD (CA) City of Salem (OR) Douglas County (CO) City of San Angelo (TX) E470 (CO) City of San Bernardino (CA) Eloy PD (AZ) City of San Diego (CA) Fontana PD (CA) City of San Mateo (CA) Fort Huachuca (AZ) City of Santa Monica (CA) Fort Wright PD (KY) City of Scottsdale (AZ) Franklin PD (7N) City of Simi Valley (CA) Franklin PD (WI) City of Sioux City (IA) Franklin PD (WQ City of St. George (UT) Gadsden PD (AL) City of Temecula (CA) Gilroy PD (CA) City of Vernon (CA) Glendale PD (A4 GMS Technologies (Canada) Green Township PD (OH) GTBM - Bergen County. (NJ) GTBM - Delaware River Port Authority GTBM - Rochelle ParklBergen (NJ) GTBM - West Orange (NJ) Hamilton County (OH) Hawaii DOT Hialeah Police Dept (FL) Hillsborough County Aviation Authority (FL) Hillsborough County Aviation Authority (FL) Hillsborough County Aviation Authority (FL) Huntington Park PD (CA) Hutchinson PD (KS) International Road Dynamics - Spokane (WA) International Road Dynamics (Canada) IQ -Tec (Mexico) IQ -Tec (Mexico) Joe tlsry Auto Group (MS) Justice Police Dept (IL) Kaufman County Sheriff (TX) Kootenai County Sheriff Dept (ID) Kustom Signals - New South Wales Police Force La Verne PD (CA) La Verne PD (CA) LaTech - Baker PD (LA) LaTech - Baton Rouge PD (LA) .LaTech - East Baton Rouge PD (LA) LaTech - fort Polk (LA) LaTech - HIDTA (LA) LaTech - Jefferson Parish Sheriff (LA) LaTech - Jefferson Parish Sheriff (LA) LaTech - Kenner PD (LA) LaTech - Lafayette Parish Sheriffs Office (LA) LaTech - Lake Charles PD (LA) LaTech - Louisiana State University LaTech - LSU Police Dept (LA) LaTech - Mandeville PD (LA) LaTech - St James Sheriff's Ofce (LA) LaTech - St John Sheriff Office (LA) LaTech - St Tammany Sheriffs Office (LA) LaTech - St. James Sheriff Office (LA) Lawrence PD (KS) Lawrenceburg PD-(IN) Leverage Information Systems - Escondido PD (CA) Leverage Information Systems - Escondido PD (CA) Long Beach Police Dept (CA) Los Angeles Counly Metropolitan Transportation Authority (CA) Los Angeles County Sheriff (CA) Los Angeles County Sheriff (CA) . Los Angeles County Sheriff (CA) Louisiana State University PD Louisiana State University PD Section 5: Client References Lubbock County (TX) Macomb County Sheriff Office (Ml) Madison County Sheriffs Office (ID) Madison County Sheriffs Office (ID) Madison County Sheriff's Office (ID) Madison County Sheriffs Office (ID) Major Police Supply - Bensalem Twp (PA) Major Police Supply - Bergen County & Oradell (NJ) Major Police Supply - Bergen County (NJ) Major Police Supply - Botetourf (VA) Major Police Supply - Brick Twp (NJ) Major Police Supply - Burlington City (NJ) Major Police Supply - Camden (NJ) Major Police Supply - Catskill PD (NY) "Major Police Supply - Cinnaminson, NJ" "Major Police Supply - Cliffside Park, NJ' Major Police Supply - County of Essex (NJ) Major Police Supply - Cumberland County (NJ) Major Police Supply - Dewey Beach (DE) Major Police Supply - East Orange PD (NJ) Major Police Supply - Edison (NJ) Major Police Supply - Elizabeth PD (NJ) 'Major Police Supply - Emporia, VA" .Major Police Supply - Essex County (NJ) Major Police Supply - Fort Myers (VA) Major Police Supply - Ft Myers (VA) Major Police Supply - Georgetown PD (SC) Major Police Supply -Gloucester ColRowan (NJ) Major, Police Supply - Gloucester Twp (NJ) Major Police Supply - Harrison PD (NY) Major Police Supply - Hunierdon Co/Clinton Twp (NJ) Major Police Supply - Lagrange PD (GA) Major Police Supply - Lagrange PD (GA) Major Police Supply - Lakewood Airport (NJ) Major Police Supply - Lakewood PD (NJ) Major Police Supply - Middlesex County (NJ) Major Police Supply - Middlesex County (NJ) Major Police Supply - Middlesex County (NJ) Major Police Supply - Newark (NJ) Major Police Supply - Newark PD (DE) Major Police Supply - North Brunswick (NJ) Major Police Supply - ocean City (MD) "Major Police Supply- ocean City, MD" Major Police Supply - Passaic County (NJ) Major Police Supply - PassaiclPequannock (NJ) Major Police Supply - Paulsboro (NJ) Major Police Supply - Port Authority of NY & NJ Major Police Supply - Prince George (VA) Major Police Supply - Ringwood PD (NJ) Major Police Supply - Salem (NJ) & Ocean City (MD) Major Police Supply - Salem (VA) Major Police Supply - Smyth Co (VA) Major Police Supply - Smyth Co (VA) Major Police Supply - Toms River (NJ) L Major Police Supply - Town of Phillipsburg (NJ) Major Police Supply - Union City (NJ) Major Police Supply - Union City (NJ) Major Police Supply - Village of Sands Point Police (NY) Major Police Supply - Washington County (PA) Major Police Supply -West Milford (NJ) Major Police Supply - Westville (NJ) Major Police Supply - Wicomico Co (MD) Major Police Supply - Wilson Co Sheriff (NC) Mapco Auto Parks Marion County EMA (1N) Marion County EMA (IN) McAllen PD (TX) Metropolitan Knoxville Airport Authority (TN) MHQ - Abington PD (MA) MHQ - Amherst PD (MA) MHQ - Foxbbrough PD (MA) MHQ - Franklin PD (MA) MHQ - Hingham PO (MA) MHQ - Hull PD (MA) MHQ - Leicester PD (MA) MHQ - Longmeadow PD (MA) MHQ - Lowell PD (MA) MHQ - Lynn PD (MA) MHQ - Marlboro PD (MA) MHQ - Massachusetts State Police MHQ - Newton PD (MA) MHQ - Newton PD (MA) MHQ - North Attleboro PD (MA) MHQ - Pittsfield PD (MA) MHQ - Plymouth PD (MA) MHQ - Revere PD (MA) MHQ - Shrewsbury PD and Fall River PD (MA) MHQ - South Portland (ME) MHQ - Worcester PD PA) Minnesota State University Moorhead Missouri Highway Patrol Modesto PD (CA) Monterey Perk PD (CA) Moreno Valley PD (CA) Moreno Valley PD (CA) Naples PD (UT) "National Transportation Research Center, Inc, (TN)" NDI Technologies New Mexico Emergency Products - NM State Police New Orleans PD (LA) NICE (UT) NMI - Bloomingdale PD (IL) Odin Systems -San Pablo PD (CA) Odin Systems -San Pablo PD (CA) Odin Systems - San Pablo PD (CA) Ogden PD (UT) Ohio Department of Transportation 6\ Oklahoma Turnpike Authority San Leandro PD (CA) Omaha PD (NE) San Leandro PD (CA) Ontario Police. Dept (CA) San Marino PD (CA) Oregon City (OR) Seattle PD (WA) Parkeon - Utah Transit Authority Snoqualmie Casino (WA) Pharr Police Dept (TX) Solotech .Pittsburg PD (CA) South Gate PD (CA) Polk County (IA) South Pasadena PD (CA) Portland Police Bureau (OR) Southern Time (NC) Post Falls PD (ID) Springbom PD (OH) Prime Electric Inc. - King County (WA) Springfield PD (MO) Priority f - Daly City (CA) St Louis Metro Police (MO) Priority 1 - San Francisco PD (CA) St Louis Metro Police (MO) Priority f -San Francisco State University (CA) St. Louis Police Foundation (MO) Redondo Beach PD (CA) State of Idaho (Bonneville County Sherli Riverside County - Cabazon Station (CA) State of Idaho (Bonneville County Sheriff) Riverside County - Lake Elsinore (CA) State of Misscud Riverside County - Southwest Temecula Station (CA) State of Oregon Department of Justice Rocklin PD (CA) State of Utah Roseville Police Dept (CA) Sumner County (TN) Rutherford County (TN) Town of Southwest Ranches (FL) Sahuarita PD (AZ) Tustin PD (CA) San Antonio PD (TX) U.S. Forest Service - Douglas County (CO) San Antonio PD (TX) US Datateam LLC San Diego County Sheriff - Imperial Station (CA) Utah MVO San Diego County Sheriff -Julian Substation (CA) Utica PD (MI) San Gabriel PD (CA) Village of Port Chester (MY) Section 5: Client References Warren County Sheriff (OH) Washington University - St Louis (MO) Watson Quality Ford - Madison County Sheriff Office (0) Webb County Sheriff JX) West Covina PD (CA) West l=argo PD (ND) Willard PD (UT) WPCS - Burlington City (NJ) WPCS - Mount Laurel (NJ) PIPS TECHNOLOGY ' ArtderaF3iprt�l Company LPR Data Conversion Table I Avg. FIIoSlze pier Vehicle Record (typloalSD- jQOhb) Most LPRrscards are between5a 'Egokh 2 094 Retention (Days) MIMM LE agendas retain records tarquery purposes of between 9(4365 days, Mobile Systems 2 Number of mobile systems Numberafcaiesubmlttlngdalald Ole aenrsr. 8 Avg. NumberFiatasRead {perearlperahiit) TnlswauldvarydependlagoothaonvImPrnem the earls patrnfing, -' d Number43f3hft Fixed systems 2 Numbersf Fixed Cameras 3 Avg. Number Plates Read (per day) NOWAveralliFftyn Cindnnall, OH( f5amewInvadouslocationswifhvadoustrettlapa tterns). Data store a Needs.. Ntlabits Kilobytes Megabytes Gigabytes Terabytes G • � G � � ` V s ,rtt'ytY WE I !ill o U ti A m a `� lit^, -�, kE'.�, • 2',F F t4 a� { _s. �- "- '•C, r - t ''F yb. k ,a�[ �.3 n- "zy "i`e'� "'„�'4 A. e s>r'� �� C e S raja - i f m yv s - - .6 i s�'�'sk mv S sr �� �S' ���1 '� �" • { a 3. 'ua 3 '4t"`$t .t F �§'�. r7 4 r� r u s} C I v Mg,x'` i . Au otii tical "�Eotir`ied of Vehirf2s'af fntnrest Obtain Rea€ =Time LPR information vvKh IP Connectivity : Ali you have to tfois focus an ydui job: AirtgVu automatically reads. AutoVu,•isJP- ready. There is no waiting for LPR information. You gVrioandirig. vehi cle plates,'conipares th ta:a tlataiaase and get real -time monitoring and identification of vehicle plates. The alei'ts iHhdn ydu.need.to take adtlon: this LPR system "climes transfer of-1 €copse plate infnrrnation from the vehicle to your.office vvii pc�wer{uf features to fr►ake you even: riaore efficient use .is instantaneous. So you can take immediate action if necessary. Rraphipal rnaps for configuratlon, conddct'dafa- mining in "your.. And you can evenconggure and manage your LPR system over .vehicle" or "oifide; and.get irriage"and tine Lapfure on every ' . any IP network. Take Mirtiinai Tirtta fo+aet Your System installed Rely cin Accurate Licen Plate Rea Qetfing A6toVu up and running is simple. Once the?utaVu on LPR bu cart; rMy .Qri. With Adfov/ , Xou wild Atit'Wu €s sys you amera_is installed, only need to make minimal adjustments .catch "all Iicerrse plates in the cam6T :s i ?I�f of view: `AutoVu "reads' and tonfiguration to get your LPR system going. Databases license. pfgtesutirith. the.higkiesfaceuiacY ".tates"iti the industry. "And; ean' "be uplpaded at each shift crautomatically on a pre -set '.thariks fa 6 unique Fumy Matching feature, ybu get . the hi st . dine rAtne. Ifsan easy three -step process to- LPR auta€nation. pp> siiile rriatehes to yout database euen when license dates may be uniJeciPh2[able, . Reduce 1 he Op.erator.i_earrtlgg GurVa with fiese- of• "• "As' pare" of. GenatscsunifiedsecurityplatFarrri ;A'ufoVu:egnaesstiikh" '-:: a;6,ry trntuitive arld user,- frieridfy.irrterFace. �lierato[swith ariy level ' of 6, iputer experience'will' fael at easei'with tfris "LPR system: "tn the office drag arld drop teadsto wean image the vehicle and " `• €i, pl ate, U'se.grephical maps tci "review GPi7 data.: And get reports ; witf t one'click of the riiouse. In the vehicle, "lar -k buttons and toueh:enii fed, functionsmak0:tra €nl%a.breeze, Auiavu! 2 o C • i � a q f n � � S 6 M � \J The AutoVu Ha The AutoVu SharpX is the latest IP -based license plate recognition camera designed for law enforcement. The AutoVu SharpX is the smallest high - resolution LPR camera on the market with integrated illumination. It also offers the highest read rates in the industry and a fully equipped vehicle is able to capture up to 5,000 license plates per minute, across three lanes of traffic. Key features of the AutoVu SharpX Plate capture acros thre lane of traffic Up to 5,000 plate captures per minute Plate capture up to differential speeds of 2 M PH (320 km1h Plate highlight feature for vehicle identification when many vehicles are within the field of view International plate reading support Compatible with Genetec's Unified Security Platform, the Security Center The AutoVu Sharp is the IP -based license plate recognition camera. This rugged LPR device offers advanced digital video processing and superior plate reading performance. The AutoVu Sharp camera also conducts processing on the edge. This means ad the processing and analytics are done inside the unit itself, snaking the solution compact and easy to install. Key features of the AutoVu Sharp Available for both fixed and mobile applications Support for various international plate styles and form On -board video com pression and streaming Plate capture spanning two lanes of traffic on either side of vehicle Plate capture of vehicles parked in parallel, or at 45 or 90 degrees Portability from vehicle -to- vehicle -_- - - The AutoVu Software AutoVu is the IP LPR system of Genetec's unified security platform, the Security Center. The AutoVu system within the Security Carrier gives you back- office management capabilities. You can access and review all coflected data for further analysis. AutoVu Patroller is the in- vehicle software of the AutoVu LPR system. You will be surprised at how easy the AutoVu Patroller is to use. With large buttons and touch - enabled functions, training on the system is easy for operators with all evels of technical experience. 3 stet klu r oa Applications Lausi Enforcement �: ': ivlanualfy verifying license plates is unsafe nd,inefficient. With the AutoVu camera rttorirrted, on a vehicle, officers can automate .':thg.Verification of vehicle license plates '. +'[ tit dsttaction. So instead of reading doYsris of {aiat,<s:during a shift, officers s �n ira�#ii: from reading hundreds or tftglisian i of pi es :eflortlessfy. Not only will> this irtrreese pfflcersafety butAutoVu :u ilf also dipjo. -j zigrove the recovery . rake of ttilen aisd wanted vehicles and % " apftehencl more suspects. Specific Law Enforcehieint Appheitions Wanted vehicle and felon identification ---------- — In- vehicle data - mining Real -time monitoring and reporting Back- office data - mining and geo- fencing Some System Features for Law Color, Sound and Priority Assignment to Hotlists. Assign different priorities to hotlists. Configure each priority with a different color and'alarm tone. Get both a visual 'aind audible alert to easily identify the type of hit and its importance. Coven HotHats. Ensure the discretion of an on- going, investigation or special operation with a covert hotlists. When there is a hit, only the officer at the police department using the AutoVu system within the Security Center will be alerted. The in- vehicle officer will not be alerted. Wildcard Hotlists. Create.a wildcard hotlist database with only partial license plate numbers. Use this feature when you only have a few license plate numbers of a vehicle associated with a crime. Map Display See the in- vehicle system's current position and the areas covered on the map from the back -office system as the vehicle moves. MaxinMze the use of the system by covering as much ground as possible during each shift. Enhanced Positioning Technology. Get accurate location data needed to support infractions with built -in GPS functionality and odomelry. This is possible even in dense urban areas where GPS signal is not always accurate. Wheal Imaging. Use wheel imaging capabilities to gather pictures of vehicles' wheels for comparison between initial and subsequent passes in a city zone. This acts as digital tire chalking. These images serve as additional evidence against infractions for same position parking enforcement. a f.1� fsarkirig.Eztfprsentient :: . ".:.:: G" orifiuratirin .Ton1.11se.tlieAutoVUSystam Checking p rr iits and t re -e ialking rriaitually . wltfi6 .tkt'e Secilrity. Center bo assi rs parking is overly, time- con�upning;..C?pera ;ois.Ca "ri : n Iles arid;iegulailbfli tp eael zdne:And link n o tit� 't 9Vu'd rrTJ ofl �ri�'nrYnore'z0hes tb' "a "list "ofassOd ed; . add automate city. oriiniversiV. parking : ' permit s. and-sehedulett : " .enfoicerrient for many types of permas .and tine fiinit zones at on Cfperators iuifk GPS Assssted Par'�cing Lot �lectidn. With become more efficient at covering vast:. .' the help °of integrated .GPS functiorrafity, areas „and AuipVu 141 help irppr ye the .. a.6t of lots wii1 appear in grtler•from collection of tiniD id-vehicle •. ri aresti66khesttosimpkfy .operators taste p # Is e069 the lotto b!R enforced - Spetlfic'.00irking pstiforceinen4 Applicati6ns .atria un(yersity. . Uniyersity:or city scofflaw an :.: :: Mg gasttd Lcit be ir[jjon- Use the AutoVu permit erl rc6ment _..._ .. _ sys ern wi #hih the.Sdctlrity Center to unlversity or city lime limitedenfii"rcement geo ra .hiCally define lots by a polygon (block fac"e”; same space and distr #ctj " .. witls Microskift 816gT Reduce the time - - -- needed{ orlkit- onfigurationandmaintenance University iotcoonts: ---- ------ - within yout university's grounds. Vehide identification Data-mih;ng and evidence review Z. Route managerrtont and reports Some - System features for . ; 5 Show DUe Prompt, Prompt AutoVu to s ,. .. _ ..._, display the areas where the time limit has expired, indicating potential vehicles " that are due for verification. This way, the parking agent knows where to o next. P 9 9 9 =3; Enhanced Positioning Technology. Get accurate location data needed to support infractions with built -in GPS functionality and odomelry. This is possible even in dense urban areas where GPS signal is not always accurate. Wheal Imaging. Use wheel imaging capabilities to gather pictures of vehicles' wheels for comparison between initial and subsequent passes in a city zone. This acts as digital tire chalking. These images serve as additional evidence against infractions for same position parking enforcement. a f.1� i b Mobile License Plate Inventory (MLPI) Manually collecting a daily vehlcle inventory wastes time and resources, Mount an AutoVu camera on your vehicle to automatically collect license plate inventory in your parking facility. Every day, your operators will be more efficient and y will get automated vehicle inventory and activity reports. Specific MLPI Applicatibns Automated vehicle inventory collection Inventory reconcili a data mining Inventory reporting - - - -� y Some System Features for MLPI Zone and Route Selector Keep track of the location of every license plate read by selecting a route or a zone and row that you would like to scanning. Zones and rows or route selection are pre - configured during the installation phase. Handheld Device_ Integration. Input license plate Information into a handheld device when a vehicle is backed into a parking spot and has no front license plate. offload the handheld inventory list into the AutoVu system within the Security Center at the end of the inventory collection. Automatic Re:conc4ation- After offloading the license plate inventory, the AutoVu system in the Security Center will do an automatic reconciliation of all license plate reads. It merges data from the previous inventory so you get a detailed inventory report ready for querying and reporting. Security and Surveillance Stop relying on outdated technology. Mount AutoVu cameras above traffic lanes, at entrances or exits, at toll booths and other locations. AutoVu will help you secure entries and exits of facilities, get audit trails, identify wanted vehicles at your gates, on a street or a highway, Specific Security and Surveillance Applications Wanted vehicle and felon identification Vehic aud t rail Automated access contra# _._ ------- ..- ._.__.. Traffic management Bus and taxi lane exemption Some System Features for Security and Surveillance integrated Video Surveillance. Unify your LPR system with video surveillance and access control within the Security Center. Monitor live video feeds along with LPR reads and receive alerts of flagged vehicles from the AutoVu system. And review video associated with LPR reads or hits in investigations. . Automatic Event and Alarms. Get automated alarms or events from the AutoVu system when a black - listed, wanted, or stolen vehicle is detected. That means you can choose to respond only to events that are deemed urgent. Advanced Data- Mining. Conduct searches of vehicles based on factors such as dale and time, complete or partial license plate numbers, one or more specific geographic areas, or type of hit. Or, search by the other data associated with the hotlists such as VIN, make, model or year of the vehicle of interest. Third -Party System Integration. Integrate other software applications to fit with existing business processes with an advanced SDK. Or use XML plugin to easily share information between systems without the efforts of a full integration. , :AukWu More-System Capabilities and Technicd Specifications User Interface Alarm Mariagement Fully configurable and task - oriented user interrac'e Customized license plate read and hit alarm triggers Dedicated LPR tasks for monitoring and reporting Full range' of alarm management controls User configurable event list and display tile views User•defined procedures View LPR events, associated pictures and video within each tile Mandatory incident entry upon alarm acknowledgement Advanced reporting tool for LPR reads and hits ........... System C.cmfigiiratioe, and MonNoring Encrypted communications between client and server applications Monitoring and management of LPR events and alarms Configurable user and user group privileges Management of all LPR entities Secure remote access capabilities Automatic email notifications Authenticated user logirrs Manual license plate input Support for Windows Active Directory Accept/reject hit confirmation User activity logs and audit trails ...... . ... .... .... ....... Fuzzy matching including OCR eclulval characters H7rPS Supportforweb dfent In- vehicle data - mining with foil or partial license plate searches LPR Read and Mi Transmission Map-based hit and read review LPR hits and reads transmitted over standard LANs, WANs, Silent operation mode Internet and via USB Import tool for third-party data (CSV file format) . Wireless connectivity over 802.1l a /b /9 or cellular Support for custom metadata fields Remote access via DSL, cable, cellular, ISDN, T1 or T3 Macros or custom scripting support LPR XML import/export Hardwar6 and Software integrations Unified with Ompicast video surveillance and Synergils IP access Ackartced Reporting control within the Security Center unified security platform Configwration, hit and read, route playback, inventory, license plate Video analytics solutions, server or edge-based read/hits per day, daily usage statistics and logons per day reports Perimeter protection systems Advanced search filters based on date time, patrolling unit, Intelligent transportation systems (ITS) 1 !!1!--? g eographical area, vehicle make, model, year or VIN Ticketing systen-% Print and email actions Major third-party access control systems PDF, Mic Excel, and CSV export options In-vehicle and rugged laptops Customization options Include setting filters, report lengths, and timeout period Hard-held computers Automatic email schedules of pre-configured report templates Video .wal .. ........ About Genetec Genetec is a pioneer in the. physical security and public safety industry and a global provider of world -class IP license plate recognition (LPR), video surveillance and access control solutions to markets such as transportation, education, retail, gaming, government and more. With sales offices and partnerships around the world, Genetec has established itself as the leader in innovative networked solutions by employing a high level of flexibility and Z W forward41inbrig principles into the development of its core technology and business solutions. Ceretec's corporate culture is an extension of these very 0 same principles, encouraging a dynamic and innovative workforce that is dedicated to the daVOIDPMailt of cutiirig-edge solutions and to exceptional customer care. For more information, genetec,com. 2280 Alfred -Nobel Blvd, Suite 400, Montreal, CC, Canada H45 2A4 . I T 514.332.9000, F 514-332.1692 1 genetec.corn i infoftenetec.corn Electra- magnetic compliance (.EMC) tests TEST ST ANDARD . ; LABORATORY DA TE omagnetic emissions - FCC. part 15 Subpart B Glass S limits (ITE) Global EMC Feb 2012 Canada) - ICES -003 issue 4 Line voltage: 120V 601-Iz Class 6 limits (ITE) FElectromagnetic emissions CISPR22: 2006 Uine voltages: 230V150Hz, 220VI60Hz, Global EMC Feb 2012 mational, IEGI�E) 1 Efri55022:2006 100V1501-1z ITE general levels unless otherwise noted IEC 61000 -4-2 ESD: +I- 4kV, + / -BkV IEC 61000 -4-3 Rad RF imm: Electromagnetic immunity CISPR 24: 2010 1 OVlm enhanced level Global EMC Feb 2012 (international, IECEE) 1 EN 55024:2010 IEC 6100044 EFT: 1M 0.5%V IEC 61000 -4-5 Surge: 1kV, 2kV IEC 610004-6 Cond RF'imm: 3Vrms JEC 61000-4-11 ITE Class S EMC Directive 200411081EC EN55022, EN55024 Global EMC Feb 2012 (CE marking) lEC 61000 -3 2, IEC 61000 -3 -3 o� e v. , Bhup- kh 1.� 12 -.Wool mm 25 MM m .00 mm Sharo and SharoX Camera Readlak2ftt-l—OC-82, City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 33 PASSED December 23, 2013 Permission to Enter into Contract With Personal Computers Inc Gerald A Chwalinski City Clerk A Ln JAR 0 6 2014 00033 SINGLE PAGE COMM[.INICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE FROM: DEPARTMENT December 6 2013 POLICE DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xx/xx/xx} TEXT: ( TYPE SINGLE SPACE BELOW Approval to enter into contract with Personal Computers, Inc. 16 The Buffalo Police Department hereby requests from your honorable body, permission to enter into a contract with Personal Computers, Incorporated (PCI) to continue to provide annual network services and hardware support for all Buffalo Police mainframe and computer devices. PCI is the current vendor providing this service under a contract issued in 2008, which has been mutually extended for the five allowable years, and is now up for renewal. Therefore, a request for proposals for this service was drafted and issued October 4, 2013, with advertisement in the Buffalo News and on the City of Buffalo web page, with proposals due on November 12, 2013. PCI was the only company to respond and submit a proposal for this service. This service is required to properly maintain all the Buffalo Police Department computerized devices. This is considered a normal, annual operating expense and is budgeted for each fiscal year under the Buffalo Police Department maintenance contract line, account# 12005006 443400. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. DD /jws TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: COMMISSIONER OF POLICE SIGNATURE OF DEPARTMENT HEAD: - r� Permission to Enter into Agreement with Personal Computers, Inc. (Police) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated December 6, 2013, be received and filed; and That the Common Council hereby authorizes the City of Buffalo Police Department to enter into a contract with Personal Computers, Incorporated (PCI) to continue to provide annual network services and hardware support for all Buffalo Police mainframe and computer devices. PCI was the only company to respond to the Request for Proposals for this service. Funding for this contract is available under the Buffalo Police Department maintenance contract line, Account #12005006 443400. FWTI RN V1 C. "tingvT —pay h 1 \ � *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN FIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MA.7- 5] [213 - 6] [314 - 7] FROM THE COMMISSIONER OF FIRE December 23, 2013 City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 34 Permission to Turn Over Eng 24 & 18 to Real Estate PASSED December 23, 2013 Gerald A Chwalinski City Clerk APPE tt[ " � t JAN 0 .6 2014 f _M r.� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 10, 2013 FROM: DEPARTMENT: 21 - Fire SUBJECT: [:Permission for the Division of Real Estate to take [:Engine 24 - 108 Leroy (:Engine 18 - 1034 Fillmore [: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Please be advised that the Buffalo Fife Department has vacated the old Engine 24 building located at 108 Leroy near Halbert and the old Engine 18 building located at 1034 Fillmore near Genesee. These properties are both vacant. r We are requesting that these properties be turned over to the Division of Real Estate. SIGNATURE �� �/lJ ` DEPARTMEN HEAD TITLE: Garnell W. Whitfield Jr ommiss' ner of Fire GWWIsa 0_1 Permission for the Division of Real Estate to take Engine 24 and Engine 18 (Fire) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated December 10, 2013, be received and filed; and That the Common Council hereby authorizes the Division of Real Estate to take Engine 24, located at 108 Leroy near Halbert, and Engine 18, located at 1034 Fillmore near Genesee. These properties are both vacant. PASSED CID —ments ad SetdngslclehnerLLoca15etdnpff —p—y klemcl R1c6OMDWemussion For the Div ofRml Eslate to lake Eng 24 and l8.do 3A BYRON W. BROWN MAYOR DEC O� ELL W. WHITFIELD, JR. I' , COMMISSIONER VINCENT R. GU GLIUZZA December 10, 2013 D EPUTY COMMISSIONER JOSEPH J. TOMIZZI DEPUTY COMMISSIONER Honorable Byron W. Brown Mayor of Buffalo 201 City Hall Buffalo, New York 14202 Re: Common Council Communication Request Permission for Division of Real Estate to take Engine 24 and Engine 18 Dear Mayor Brown: Please find attached a Common Council Communication requesting permission for the Division of Real Estate to take Engine 24 and Engine 18 I respectfully request your approval and that this Communication be filed with the Council. If you need further information, please do not hesitate to contact me. Sincerely, GWW /sa Attachment CITY OF BUFFALO BUFFALO FIRE DEPARTMENT L Garnell W. Whitfield, Jr. Commissioner of Fire 195 COURT STREET / BUFFALO, NY 14202 -2692 / (716) 851 -5333 / FAX: (716) 851 -4364 / www.dty- buffalo.com *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL, SCANLON * SMITH [-------- - - - - -] [ MAJ - 5 ] [213 - b] [3/4 - 7] FROM THE CORPORATION COUNSEL December 23, 2013 City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 35 PASSED December 23, 2013 Contract With LaSalle Ambulance for EMS While COB Undertakes RFP Process Gerald A Chwalinski City Clerk JAIL 0 6 2014 MAYoa � �11 t1= 0000 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: December 19, 2013 TO: THE COMMON COUNCIL FROM: DEPARTMENT: LAW SUBJECT: (: Approval of contract with La Salle Ambulance, Inc., d/b /a Rural Metro (: Medical Services for the provision of Emergency Medical Services through (: February 28, 2014, while the City undertakes an RFP process for this service PRIOR COUNCIL REFERENCE: Item No. 03.C.C.P.07/11/13 TEXT: Attached for your Honorable Body's review and approval is a two -month contract extension with La Salle Ambulance, Inc., d/b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services (EMS) provider. The Law Department is requesting that your Honorable Body approve the execution of the attached extension agreement to continue the service until February 28, 2014, The Agreement also provides for the continuation of monthly franchise fee payments of $29,166.66 to the City for the duration of the extension Agreement. . A comprehensive Request for Proposals (RFP) for this service has been posted as of December 19, 2013. The RFP builds upon best practices within the EMS industry, and also includes ways to insure the best response times and service provision for the City of Buffalo. Proposals in response to the RFP are due on January 17, 2014, which will be followed by selection of a contractor and transmittal of a long -term contract for your Honorable Body's review and approval. The underlying agreement requires the contractor to provide an irrevocable letter of credit, surety bond or equivalent form of liquid performance security in the amount of one million dollars ($1,000,000), in a form acceptable to the City, securing the Ambulance Service's performance pursuant to the Agreement's provisions. We thank you in advance for your prompt consideration of this request. DEPARTMENT HEAD NAME: Timothy A. Ball TITLE: Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: Approval of Contract with La Salle Ambulance, Inc. d/b /a Rural Metro Medical Services (Corp. Counsel) Mr. Smith moved: That the above item be, and the above communication from the City of Buffalo Corporation Counsel, dated December 19, 2013, be received and filed; That the Common Council hereby approves a two -month contract extension. with La Salle Ambulance, Inc. d/b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services (EMS) provider. This extension will continue until February 28, 2014 and provides for the continuation of monthly franchise fee payments of $29,166.66 to the City for the duration of the extension Agreement. A comprehensive Request for Proposals (RFP) for this service has been posted as of December 19, 2013, and responses are due on January 17, 2014, which will be followed by the selection of a contractor and transmittal of a Iong -term contract for review and approval by the Common Council. PASSED l 'A b 1 AGREEMENT EMERGENCY AMBULANCE SERVICES THIS AGREEMENT, made the day of 2013, by and between The CITY OF BUFFALO, a municipal corporation of the State of New York having its principal offices at 65 Niagara Square, Buffalo, New York 14202, (hereinafter called the "CITY "); and LA SALLE AMBULANCE, INC., dlbla RURAL METRO MEDICAL SERVICES, a business corporation having its principal offices at 600 Delaware Avenue, Buffalo, New York, 14202, (hereinafter called "AMBULANCE SERVICE "). WITNESSETH WHEREAS, the CITY and AMBULANCE SERVICE entered a contract Agreement dated March 1, 2005 for the provision of emergency ambulance service within the City of Buffalo, attached hereto, and incorporated herein as Exhibit A; and WHEREAS, that Agreement provided for service to be provided through and including June 30, 2010; and WHEREAS, said Agreement further provides that the parties, upon mutual consent, may renew the Agreement for an additional two -year term; and WHEREAS, the CITY and AMBULANCE SERVICE exercised the renewal provision of the Agreement in a Contract Renewal Agreement, attached hereto, and incorporated herein as Exhibit B; and WHEREAS, the CITY and AMBULANCE SERVICE entered into an Emergency Commitment Agreement, for a term to continue retroactively from July 1, 2012 through December 31, 2013, attached hereto, and incorporated herein as Exhibit C; and WHEREAS, said Emergency Commitment Agreement expires on December 31, 2013, and is not subject to further renewal; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The CITY and AMBULANCE SERVICE agree to continue the mutual obligations and duties for provision of ambulance services, for a term, to continue retroactively from January 1, 2014, extending through February 28, 2014; and 2. Such services shall continue under the provisions for "Emergency Commitment" contained in Article I § 16 -3 of the Charter of the City of Buffalo; and Such services shall be provided according to the terms prescribed by the Agreement between the CITY and AMBULANCE SERVICE, effective March 1, 2005, attached hereto, and incorporated herein as Exhibit A; 4. Section 4.06 of the Agreement between the CITY and AMBULANCE SERVICE, effective March 1, 2005, is hereby amended as follows: To ensure that service remains uninterrupted in the event of premature termination of the Agreement pursuant to Section 8.06, due to default by Ambulance Service, Ambulance Service shall be required to provide, as a condition of execution of this Agreement, an irrevocable letter of credit, surety bond or equivalent form of liquid performance security in the amount of one million dollars ($1,000,000) in a form acceptable to the City, securing the Ambulance Service's performance pursuant to the provision of this Agreement. Further, as a condition of the execution of this Agreement, upon termination of this Agreement pursuant to Section 8.06, the City may require the execution of a fair market value lease of the Ambulance Services ambulances or equivalent method, permitting the City or its designee to continue operating an ambulance service. 5. In consideration of the assignment by CITY of sole provider status for the provision of emergency ambulance services in Zone(s) in the City of Buffalo, and for dispatching or arranging for dispatch and providing for first responder services, the franchise fees payable by AMBULANCE SERVICE under this Agreement shall be based upon the amount estimated for the provision of management, monitoring, evaluation, licensing and a portion of the capacity maintained in the Fire Department to provide first responder services. Upon payment of a monthly franchise fee of Twenty Nine Thousand One Hundred Sixty Six Dollars and Sixty Six Cents ($29,166.66), the monthly prorated portion of Three Hundred and Fifty Thousand Dollars ($350,000.00), and for other good and valuable consideration, the CITY and AMBULANCE SERVICE agree to perform each and every term of this Agreement. Franchise fees are to be paid to the CITY at the conclusion of the term of this Agreement; and 6. Pursuant to a settlement agreement between the CITY and the AMBULANCE SERVICE entered in the Matter of Rural Metro Medical Services, Inc. v. City of Buffalo, et al., (Supreme Court, Erie County, Index No. 2006 - 8931), it is agreed as follows: a. AMBULANCE SERVICE agrees to comply with all requirements of the City of Buffalo Living Wage Ordinance throughout the time period this Agreement is in effect; b. AMBULANCE SERVICE agrees to maintain appropriate records to ensure compliance with its obligations under the Settlement Agreement and to provide such records to the City Living Wage Commission and/or the City upon request. The records will be kept and provided in such a manner as to readily enable third parties to review and access calculations that AMBULANCE SERVICE has made regarding the time that its employees have spent providing services under the Franchise Agreement; and 7. This Agreement shall in no other manner alter or modify the terms and conditions of the Agreement of March 1, 2005 or of the Contract Renewal Agreement, all provisions of which shall continue unchanged except as specifically provided in this Agreement; and 8. The CITY may cancel this Agreement at any time upon 30 days' notice to AMBULANCE SERVICE. CITY OF BUFFALO BY 13YRON W. BROWN, MAYOR CITY OF BUFFALO ACKNOWLEDGMENT On this day of , 2013, before me personally appeared Byron W. Brown, being by me duly sworn, did depose and say that he is the Mayor of the City of Buffalo, the party to this Agreement, and that he has read the contents thereof, and signed this Agreement. Notary Public LA SALLE AMBULANCE, INC., d/b /a RURALIMETRO MEDICAL SERVICES BY: CORPORATE ACKNOWLEDGMENT On this day of , 2013, before me personally appeared did depose and say that is the of , having its principal address as which is a party to this Agreement, that he /she has read the contents thereof, and duly executed this Agreement. Notary Public EXHIBIT 0 EXECUTION COPY AGREEMENT EMERGENCY AMBULANCE SERVICES THIS AGREEMENT made as of this day of , 2005 by and between THE CITY OF BUFFALO, a municipal corporation, having its principal office at the, 55 Niagara Square, Room. 1901, Buffalo, New York 14202 (hereinafter referred to as the "City ") and LA SALLE AMBULANCE, INC. d/b /a RURAL/METRO MEDICAL. SERVICES, a corporation with its principal office at 600 Delaware Avenue, Buffalo, New York, (hereinafter referred to as "Ambulance Service ") WITNESSETH: In consideration of the mutual covenants and conditions contained herein, the parties agree to all of the following: ARTICLE l DEFINITIONS The following definitions shall apply to terms as used. throughout this Agreement and in the Attachments hereto: Advanced Life Support (ALS) means an organized acute medical care system to provide medical assistance, including invasive acts, and ambulance transportation, on site or en route to, from or between general hospitals and as further defined by provisions of the New York State Public Health Law (Article 30) or the Codes, Rules and Regulations (NYC. RR Part 800), as amended from time to time. See Exhibit B and C.) Ambulance Dis atch and Ins ection (ADD means the system of ambulance dispatch in response to citizen calls (911 emergency calls) operated and maintained -by the County of Erie pursuant to an agreement between the City of Buffalo and the County of Erie, dated January 21, 1983. Ambulance Service shall comply with the ADl duties and obligations as set forth in the ADI Policies and Procedures (Exhibit E), as amended from time to time. -I - Annual Inflation Adjustment means an amount equal to 80% of the total . percentage increase in the Contract Inflation Index (as'hereafter defined) - during the most recent 12 -month period for which published figures are then available; provided, however, the Annual Inflation Adjustment shall not exceed 3.00 %. As used herein, the term "Contract Inflation Index" means the inflation index entitled "The Consumer Price Index, All Urban Consumers (CPIU), Buffalo, New York, Medical Care," as published by the U.S. Department of Labor, Bureau of Labor Statistics. Basic Life Sppport (BLS) means organized acute medical care system to provide medical assistance, including non - invasive acts, and ambulance transportation, on site or en route to, from or between general hospitals and as further defined by provisions of the New York State Public Health Law (Article 30) or the Codes, .Rules and Regulations (NYCRR Part 800), as amended from time to time. See Exhibit B and C.) Communications Center means the Emergency Services Communications Center designated by ESB and operated by the County of Erie Emergency Services Department, as the central cominu ications center from which all ambulances operating in the City of Buffalo and its Zones Area are dispatched and controlled. Communications System means all mobile and portable radios; Communications Center telephone hardware, software and line services; communications system infrastructure including antennae, pages, consoles, console equipment, computer aided dispatch, related backup uninterruptible power supplies and generator systems, repeaters and repeater sites, mobile data terminals and mobile data radio units and the automatic vehicle locator (AVL) system, now existing or hereafter added or replaced set forth in Exhibit E. Contract Year means each 12 -month period during the term of this Contract (and any extension thereof) beginning on July I and ending on the immediately following will June 30th. Initial startup of contract be pro - rated from date of award through June 30, 2005. EMS System means that network of individuals, organizations, facilities and equipment, including but not limited to emergency ambulance services and whose participation is -2- EXECUTION COPY required to generate a clinically- appropriate, response to each request for emergency services and ambulance transport to a hospital, so as to provide each patient the best possible chance of survival without disability, given available financial resources and then- ctirrent of -the -art EMS technology. ESB means the Emergency Medical Services Board established pursuant to Chapter 72 of the Code of the City of Buffalo and appointed by the Mayor of the City of Buffalo. See Exhibit A.) Patient Care Report ( 'PCR' °) means the written or electronically recorded patient records, in such reasonable from as is approved by New York State Department of Health, providing for documentation by field personnel on the approved form of all required medical information, billing information, and other information related to a single Patient Contact. Patient Contact means direct physical contact with, or on -site observation by the Ambulance Service personnel of, that person or persons for whom an ambulance was requested and dispatched, and in regard to whom a PCR was completed by the ambulance personnel, including the patient's name if available, and submitted to the provider, receiving hospitaf and New York State regardless'of whether such Patient Contact did or did not result in any emergency ambulance transport service. Western Regional Emergency Medical Advisory Committee ( "WREMAQ . means the regional medical advisory committee established pursuant to New York State Public Health Law (Article 30). Zone means the service area or geographical area contained within the corporate city limits of the City of Buffalo and assigned exclusively to Ambulance Service: ARTICLE II GENERAL PROVISIONS Section 2.01 Statement ofPulpose The parties hereto mutually agree that the purpose of this Agreement is to effectuate and to encourage the furnishing of the most modern, expeditious and reliable -3- professional emergency ambulance services at a reasonable cost for those sick or injured persons within the City of Buffalo. Section 2.02 Scope of Undertaking Ambulance Service hereby represents that it possesses the equipment, personnel and expertise to execute the terms and conditions of this Agreement and that the work and service required pursuant to this Agreement are of such a nature that the scope of services contained in this Agreement may not specifically delineate all those requirements which shall become reasonably necessary to the effectuation of this Agreement over its term. Ambulance Service therefore, hereby agrees to provide the emergency ambulance service needs of the City.. of Buffalo throughout the term of this Agreement as detailed in the attached Exhibits A -E. Such Exhibits may be amended from time to time by the authority responsible for the Exhibit. Ambulance Service shall have knowledge of the current applicable requirements identified in Exhibits A. -E and has the further duty to train all agents and employees to assure compliance with all applicable requirements, codes, rules and regulations outlined in Exhibits A -E. Section 2.03 . Consideration Awarded by the_City In consideration of the assignment by City of sole provider status for the provision of emergency ambulance services in Zone(s) in the City of Buffalo see Attachment 1, Schedule of Performance) and for dispatching or arranging for.dispatch and providing for first responder services, the franchise fees payable by Ambulance Service under this Agreement shall be based upon the amount estimated for the provision of management, monitoring, evaluation, licensing and a portion of the capacity maintained in the Fire Department to provide first responder services. Upon payment of a franchise fee in a total annual amount of Three Hundred and Fifty Thousand Dollars ($350,000.00) and for other good and valuable consideration, the City and Ambulance Service agree to perform each and every term of this Agreement. Franchise fees are to be paid to the City in a total annual amount of $350,000 in four (4) equal installments: the first to be paid ninety (90) days after the beginning of the EXECUTION COPY effective date of the Agreement, and the remainder to be paid at the end of each ninety (90) day period for the year. Initial start up will be prorated from date of award through Jute 30, 2005. ARTICLE III SPECIFICATIONS Section 3.01 RESPONSE AREAS For response performance purposes, City is a single (1) response area. Section 3,02 Certificate A) Ambulance Service shall maintain in effect an operating certificate from the State of New York Department of Health pursuant to Article 30 of the Public Health Law of the State of New York and notify the City and EMS Board of any suspension, revocation or disciplinary in' vestigation or action against its operating certificate or any registration or , authorization by the Federal Food and. Drug Administration with respect to the possession or dispensing of controlled substances. Ambulance Service shall demonstrate to the satisfaction of the City that such operating certificate is in effect at the time of the execution of this Agreement and Ambulance Service shall renew such certificate as required throughout the term of this Agreement. Section 3.0.3.. General Requirements Ambulance Service shall perform Basic (BLS) and Advanced (ALS) emergency medical transport and other related services as set forth herein below in accordance with and. as required by all applicable laws and by the terms and conditions of this Agreement. A) Ambulance Service shall comply with the Schedule of Performance to be issued and approved by the ESB. The Schedule of Performance may be amended from time to time by the City in the event of failure to perform by Ambulance Service; or by mutual + agreement of the parties. B) Ambulance Service shall involve itself in and support the City Fire Department's (hereinafter "Department ") First Responder Program to enhance quality patient care with the timely delivery of appropriately trained EMS personnel. -5- C) Throughout the duration of this Agreement, Ambulance Service shall, at a minimum, comply with the Quality Assurance and Quality Improvement Program set forth in Exhibit D and incorporated herein, as such Program may be modified or amended from time to time in consultation by Ambulance Services and the ESB. D) Ambulance Service shall provide continuous quality improvement reports (CQI), as required by ESB. E) ' Ambulance Service clinical performance must be consistent with standards established by the WREMAC. F) Ambulance Service shall provide all Iabor, supervision and equipment . required to perform. said ambulance services. G) Ambulance Service shall maintain appropriate communications equipment in its emergency vehicles as. may be necessary. The term "appropriate communications equipment" shall require the items detailed in Exhibit E, such requirements may change from time to time upon no less than 30 (thirty) days notice, to assure state of-the-art EMS technology and an EMS System at high standards commensurate with thin current industry standards for a community such as Buffalo. H) Ambulance Service shall maintain sufficient numbers of employees who shall meet applicable professional qualifications as prescribed by the State of New York and acquire and maintain all certifications and licenses required by New York State and the City. I) Ambulance Service shall possess and maintain all equipment necessary to carry out the terms and conditions of this Agreement as prescribed by New York State and the City and detailed in Exhibits A -- E. Section 3.04 Requirements of Service Emergence Response Units: A) Ambulance Service shall provide sufficient number ofAL,S units (a minimum of seven (7) paramedic units), with transport capability, throughout the term of this Agreement on a twenty --four (24) per day basis in accordance with the Dispatch Policies and EXECUTION COPY Procedures specified in Exhibit E, such requirements may be changed from time to time upon no less than thirty (3 0) days notice by the City and substantiated by the need and response times for services in the City. Where ALS units are utilized for BLS services, charges to patient shall follow the BLS rate schedule (see Attachment 2.). Ambulance Service shall furnish prompt and efficient emergency medical services for sick or injured person when requested by ADI in accordance with the requirements of the ESB and the Dispatch Policies and Procedures. Qce Exhibits D and E.) B) Vehicle Lists: Ambulance Service shall provide a list quarterly to ESB of all its New York State Certified vehicles and any additional equipment (as required by the ESB) to be utilized pursuant to this Agreement, including the number designation and unit definition as prescribed by the Rules and Regulations of the ESB (aee Exhibit D). Any additions or deletions to this list of vehicles or equipment must be provided to the Chairman of the ESB as soon as possible but no later than one week from assignment to or removal from service within the-corporate limits of the City of Buffalo. C) Specialized Responses/Disaster Plan Ambulance Service shall provide a copy of their Disaster Plan to the City of Buffalo Disaster Preparedness Office and the ESB detailing procedures to be utilizedby. Ambulance Service for Multiple Casualty Incidents (MCI), Hazardous Materials Response and Transportation, Weapons of Mass Destruction and other specialized types of responses. The plan shall be updated on an annual basis and be effective when and where revised. D) Communications: Ambulance Service shall provide and maintain.a secondary means of a two -way voice communication between its dispatching center and each mobile response unit (Le. cellular telephone). E -7- E) Hospital Selection Ambulance Service shall be solely responsible for the selection of and. transportation to a hospital of any patient receiving its emergency services pursuant to the policies and procedures of the New York State Department of Health. Ambulance Service shall consider the practices of the medical community and the wishes of the patient's family where other factors do .not take precedence in such selection. Section 3.0.6 Records and Evaluation. Ambulance Service shall maintain appropriate records pursuant t6 the rules and regulations of the ESB. Such records shall be available for inspection by the City or ESB upon request. All records and information requests shah comply with the most recent standards and requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) standards. A) Quarterly throughout the term of this Agreement, Ambulance Service shall submit to the ESB Chairperson a report for the three (3) month period ending on the last day of the month immediately preceding the month in which such report is to be submitted showing the total billing for such period, the number of requests and response times for emergency ambulance services that fall into each of the following categories: a) no patient found, b) patient refuses services, e) fire standby, d) emergency standby, e) cancellation, 0 no insurance, g) third party insurance, h) Medicaid, i) Medicare, and j) any such other information as maybe, from time to time, reasonably requested by the City. Such reports shall be prepared with specific and uniform categories from report to report. Information requests may not violate Federal HIPAA standards. B) The ESB will conduct regular evaluation of the quality and attainment of standards in the provision of Emergency Medical Services, including response times, accountability in location reporting, decisions regarding choice of hospital transport, incident reviews and analysis of provider and patient complaints. The product of all evaluations will include physician input and be shared with all parties involved in the Emergency Medical Services system in the interest of improving patient care and outcomes_ EXECUTION COPY C) Representatives from Ambulance Service and the City shall meet from time to time to discuss the implementation of this Agreement and develop solutions to any actual or potential problems arising out of the implementation of this Agreement. No representative.. shall have the authority to change any provision of this Agreement except as provided herein. The representatives however, shall carry out the terms- of this paragraph such that the intent of this Agreement is accomplished with as little hardship on either party as possible. Meetings shall be called as required. In addition to or in lieu thereof, a. minimum of one (1) supervisory level. Ambulance Service representative shall attend the EMS Board's meetings'held each month. D) The failure of the Ambulance Service to follow requirements for ambulance service availability defined under this Agreement or to meet minimum standards of. response and care established pursuant to this Agreement may result in the ES13 requiring penalty . payments (not to exceed $1000 per occurrence) to be. made by the Ambulance Service to the City. ARTICLE N INSURANCE Section 4.01 Workers' Compensation This Agreement shall be void and of no effect unless Ambulance Service shall secure workers' compensation insurance for the benefit of, and keep insured during the life of this Agreement, any and all employees as are required to be insured under the provisions of the Workers' Compensation Law of the State of New York. Section 4.02 General Liabilfty Insurance Ambulance Service shall secure and keep in full force and erect insurance coverage with the City as an additional named insured on both policies in an amount not less than $3,000,000.00 for both bodily injury and property damage under both vehicle liability insurance and comprehensive general liability insurance. Section 4.03 Professional Liability Insurance Ambulance Service shall secure and keep in full force and effect during the terra of this Agreement Professional Liability Insurance with the City as an additional named insured in an amount of not less than $3,000,000.00 per occurrence. Said insurance shall be issued by a responsible insurer licensed or authorized to do business in the State of New York. Section 4.04 Certificate of Insurance Ambulance Service shall file with. the City a Certificate of Insurance certifying that the insurance coverage as provided herein is in full force and effect and may be canceled only after receipt of thirty (30) days written notice to the City. Section 4.05 Notice of Termination Each of the foregoing insurance policies shall contain a provision providing for thirty (30) days notice to the City by the insurer in the event that any policy or portion. thereof is canceled, or the coverage under said policy is reduced or the policy is not renewed. In addition, in the event that Ambulance Service is notified of changes or becomes aware of any reduction or modification in insurance coverage, it shall immediately notify the City in writing of such insurance coverage modification. Section 4.06 Irrevocable Letter of Credit To ensure that service remains uninterrupted in the event of premature termination of the Agreement pursuant to Section 8.06, due to default by Ambulance Service, Ambulance Service shall be required to provide, as a condition of the execution of this Agreement, an irrevocable letter of credit, surety bond or equivalent form of liquid performance security in the amount of one hundred thousand dollars ($100,000) in a form acceptable to the City, securing the Ambulance Service's performance pursuant to the provision of this Agreement. Further, as a condition of the execution of this Agreement, upon termination of this Agreement pursuant to Section 8.06, the City may require the execution of a fair market value lease of the Ambulance Services ambulances or equivalent method, permitting the City or its designee to continue operating an ambulance service. ARTICLE V CITY'S RESPONSIBILITIES Section 5.01 Insp ection -10- .EXECUTION COPY The emergency advanced life support services to be supplied by Ambulance Service shall be of the best obtainable and shall at all times be orderly and sufficient to meet the reasonable demands of the public. The ESB shall have the right to object to the character of the service, condition of the vehicles or equipment in any particular, and may order the objectionable servicesor conditions to be discontinued_ or to be modified. The City or ESB may from time to time make various inspections of the vehicles and equipment, and may monitor the character and type of services that are being performed. The inspection shall be conducted in such manner at such times as not to interfere with the normal operation of Ambulance Service. Section 5.02 Emergency Medical Service Board There shall be an. Emergency Medical Service Board (ESB) which shall act as an advisory body to the City and may make recommendations to the City relative to the conditions of equipment, vehicles and service as hereinbefore provided. In addition, it shall determine whether Ambulance Service has defaulted in any of the terms and conditions of this Agreement and upon such determination shall make a recommendation to the City of an appropriate fine or penalty. Section 5.03 Exclusive Contract . The City through ADI shall transmit all calls for emergency medical care and support services to Ambulance Service. The City shall suffer no monetary or other loss when ADI calls another ambulance firm. The City or ADI may initiate a request for service to any other ambulance service company in the event Ambulance Service is unable to provide service for whatever reason. The City shall provide a First Responder Program of services to calls determined by ADI to require first responder services. The Ambulance Service must develop a Disaster Plan and shall cooperate and coordinate with the City of Buffalo Disaster Preparedness Office and abide by the City's Disaster Plan. It is the responsibility of the Ambulance Service to provide for mutual aid response and transport assistance with other certified basic life support and advance life support companies in the event there is a need for multiple units that the Ambulance Service is not able to provide to - 11 - the City. This mutual aid plan must be included in the Ambulance Service's Disaster Plan and must be established within one (1) month from the effective date of this Agreement and shall be maintained for the term of the Agreement. The mutual aid plan must be communicated in writing and must detail the following: a) number and type of basic and advance life support units available within a thirty (30) minute period of time for Mass Casualty Incident (MCI) emergency incidents. The minimum number of available units must beat least twelve (12) advance life support units and six. (6) basic life support units b) name, address and telephone number of the operator of the basic and advance life support units c) approximate time for basic and advance life support units to'be available for transportation in the City. Section 5.05 Responsibility at Emergency Scene The Buffalo Fire Department within the City shall have charge of the protection of life and coordination of personnel at the scene of an emergency; subject; however, to the provisions of this section. Ambulance Service, in accordance with its reasonable discretion, shall have charge of rendering emergency medical care and support services as defined: herein to any or all sick or injured persons at the scene of an emergency, utilizing however, the Fire Department personnel on location. In the event, however, that action or inaction is deemed to be required for the preservation of life or personal safety due to physical circumstances that may exist at such emergency scene, the ranking fire officer.shall have the authority to direct or control Ambulance Service's personnel in the rendering of such services. In all other situations where life or personal safety have not become endangered, the authority of the ranking fire officer shall be limited to the directing of Ambulance Service's personnel to station themselves or their equipment at such scene so that such personnel do not jeopardize the overall fire extinguishing and rescue efforts at the emergency scene. ARTICLE V1 AMBULANCE SERVICE - CITY COOPERATION Section 6.01 Cooperation and Communication - 12- EXECUTION COPY The City and Ambulance Service shall communicate, in writing, notice of any claim or action of proceedings in law, in a manner proscribed by the ESB Rules and Regulations. ARTICLE VII TERMS AND RATES Section 7.01 Term of A egr _ ement This Agreement shall be for a term of date of award through June 30, 2005 along with five (5) years commencing on the first (I") day of July, 2005 and terminating on the thirtieth (30th), day of June, 2010, unless terminated earlier as otherwise provided herein. This Agreement may renew for an additional two (2) year tern with the consent of both parties. In no event shall this agreement be terminated before .Tune 30, 2006. If this Agreement is terminated prior to its then effective expiration date, the annual franchise fee due under Section-2.03 will be pro -rated for actual months of performance through the termination date. Any remaining amount will be promptly returned to the Ambulance Service. Section 7.02 Rates for Service A) No charge shall be made or levied upon the City for the performance of any services as described in this Agreement, except as herein provided. B) The rates that Ambulance Service may charge during the term of this Agreement for 'all services rendered under this Agreement to any patient are set forth by Federal Medicare, County Medicaid, and City Rates for third party payers and self pay participants pursuant to Attachment 2. Ambulance Service shall use best efforts to collect all of the charges made or levied upon its patients. The use of additional employees, attorneys or a collection agency, whichever Ambulance Service elects to use, shall be made if collection efforts are not adequate. Nothing in this Agreement shall prevent Ambulance Service from attempting to collect all of the charges made or levied upon any patient, except as herein otherwise provide. C) Upon request by the Chairman of the ESB, the Ambulance Service shall provide the current rate of transport and other chargeable medical services by Ambulance Service -13- in effect for any third party payer, Federal Medicare, County Medicaid or other medical insurance provider operating in the City. ARTICLE VIII ADDITIONAL PROVISIONS Section 8.01 Information to be Provided to the City A) Upon request at anytime during the period of this Agreement, Ambulance Service shall provide to the reasonable.satisfaction of the City, any information reasonably requested by the City governing Ambulance Service's compliance with the terms of this Agreement and all laws, rules and regulations of a governmental agency pertaining to the operation of ambulance and emergency response vehicles and services. Such information shall be provided within the reasonable time specified. by the City or, if no time is specified within thirty (30) days. Requests for information must conform with HIPAA standards. B) Ambulance Service shall demonstrate, to the satisfaction of the City, that it: 1) possesses the requisite financial ability to acquire and maintain all equipment and facilities required for the full term of the Agreement; 2) possesses the requisite personnel. and technical skill to perform the services at a professional level of competence, considering particularly the scope of the services required. Section 8.02 Compliance With All Laws Ambulance Service shall during its performance of the service required pursuant to this Agreement, comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting, in any way, its actions. Furthermore, each and every provision of law and clause required bylaw to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, this Agreement shall be forthwith amended to make such insertion or correction. Section 8.03 Prohibition A ainst Assignment -14- EXECUTION COPY Ambulance Service is prohibited from assigning, transferring, conveying, subletting, subcontracting or otherwise disposing of this Agreement or any of its contents, or of its right, title or interest herein, or of its power to execute such contract to any other person or corporation without the prior consent, in writing, of the City, except as may otherwise be provided herein. Section 8.04 Refusal to Testify Ambulance Service shall disclose any information requested of it by any law enforcement agency, grand jury, criminal court or legislative body, so long as such requested information reasonably relates to the operations required pursuant to this Agreement. Failure to provide such information upon such proper request shall constitute grounds for termination of this Agreement. Section 8.05 Status as Ind endent Contractor Ambulance Service, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of the City by reason hereof, and that it will not, by reason hereof, make any claim, demand or application to, or for any right or privilege applicable to an officer or employee of the City including, but not limited to, Workers' Compensation coverage, liability coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. Section 8.06 General Termination Provisions A) - Termination with Notice Unless otherwise specified in this Agreement, no termination shall become. effective until Ambulance Service has received written notice of the default and has been given thirty (30) days in which to correct the default. A default shall mean a material breach of any provision of this Agreement according to the language of the Agreement. Upon failure of the Ambulance Service to amend or correct the default within sixty (60) days of written notice -15- thereof, this Agreement shall terminate automatically with the issuance of a Notice of Termination. B) Immediate Termination 1) Termination for Substantial Violation In the event that Ambulance Service commits a willful default, which default also tends to threaten the health and safety of the residents of the City of Buffalo; this Agreement shall terminate as hereinafter provided upon written notice of termination to the Ambulance Service. 2) Recurring Default In the event that Ambulance Service has received a Notice of Default under subparagraph (A) of this section, due to a in the performance of a requirement in this Agreement and has, within the prescribed ninety (90) day period, remedied or corrected such default and subsequently defaults with respect to the same requirement a second or successive occasion, this Agreement shall be terminable as hereinafter provided upon written notice of - termination to'the Ambulance Service. C) Notice of Termination Notice of termination shall be in writing and shall be directed to the Ambulance Service at its last known address by registered or certified mail. The termination shall become effective at 11:59 p.m., prevailing tinge, on the date following the time stamped on the certified or registerc&mail receipt. D) Pro -Rated Franchise Fee If this Agreement is terminated prior to its expiration for any reason, the franchise fee due under Section 2.03 will be pro -rated for the actual months of performance through the termination date. Section 8.07 Extent ofAgteement This Agreement constitutes the entire integrated Agreement between and among the'parties hereto and supersedes any and all prior negotiations, Agreements and conditions, -16- EXECUTION COPY whether written or oral. Any modification or amendment to this Agreement shall be void, unless it is in writing, and subscribed by the party to be charged or by its authorized agent, except for those amendments provided for in this Agreement. Section 8.08 Severabilily If any provision of Us Agreement is held invalid by a court of law, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the laws of the State of New York. CITY OF BUFFALO HON M. S. LO, MAYO WRAUMETRO MEDICAL SERVICES APPROVED AS TO FORM ONLY BY: CORPORATION COUNSEL T XWPWDMCPTMSAGR7.D0C -17- CITY OF BUFFALO ACKNOWLEDGMENT On this day of � , 2QLJ. before me personally appeared Anthony M. Masiello, being by me duly sworn; did depose and say that he is the Mayor of the City of Buffalo, the party to this Agreement, and that he has read the contents thereof, and signed this Agreement. Notary Public €;V^- 1 -'AEL R R1SIMIAN a V o� CORPORATE ACKNOWLEDGMENT On this 2, �r day of 20 before me personally appeared (' ' l U G -e did depose and say that Lo is the - - -- O f . �-''�' &A kf o �( l 1(' /}u,t,., l r7, ^s having its principal address as �? Z t a �� �C •- 4 -.•�r� f 5 C -r - �S�, c /-Z � .�' which is a party to this Agreement, that has read the contents thereof, and duly executed this Agreement. Notary Public TNADC ou "t 'Stateo NewYDri' Notary � �u red in Erie C my co mm iss ion _xPir9s �� CHAPTER VI OF TITLE 10 (HEALTH) of the Official Compilation of Codes, Rules and Regulations STATE EMERGENCY MEDICAL SERVICES CODE PART 800 EMERGENCY MEDICAL SERVICES Amendments: 606. 16 regarding AED became effective October 19, 1994 800.21 regarding ambulance service policies and reporting, effective November 30, 1994 800.20 regarding course curricula, effective July 15,1998 800.26 regarding EASV equipment standards, effective November 3, 2004 Statutory Authority: Public Health Law, Article 30 NEW YORK STATE DEPARTMENT OF HEALTH Bureau of Emergency Medical Services 433 River Street, 6th Fl. Troy, NY 12180 -2299 518 -402 -0996 Printed - 01!5104) General SECTION 800.1 TITLE This Chapter shall be known and may be cited as the "State Emergency Medical Services Code." 800.2 APPLICABILITY OF OTHER LAWS, CODES, RULES AND REGULATIONS Except as otherwise provided in this Chapter, ambulance services shall comply with all pertinent Federal laws, State laws and those provisions of county, city, town and village charters, special and local laws, ordinances and any codes, rules or regulations promulgated thereunder having general application thereto. 800.3 DEFINITIONS The following definitions shall apply to this Chapter unless the context otherwise requires: (a.) Department means the New York. State Department of Health. (b) Commissioner means the State Commissioner of Health. (c) Person means an individual, partnership, association, corporation or any other legal entity whatsoever. (d).Emergency medical service means a service engaged in providing initial emergency medical assistance including, but not limited to, the treatment of trauma, burns and respiratory, circulatory an obstetrical emergencies. (e) Ambulance means a motor vehicle, airplane, boat or other form of transport especially designed and equipped to provide emergency medical services during transit. (f) Ambulance service means a person engaged in providing .emergency medical services and the transportation of sick, disabled or'injured persons by motor vehicle, .aircraft or other form of transportation to facilities providing hospital services. (g) Voluntary ambulance service means an ambulance service (i) operating not for financial profit and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members,. directors or officers except to the extent permitted under article 30. . (h) Municipal ambulance service means an ambulance service operated by a municipality or agency thereof and staffed by municipal employees or an ambulance service operated by a county or agency thereof and staffed by county employees. (i) Hospital ambulance service means an ambulance service owned and operated by a hospital as defined in article 28 of the Public Health Law. {j) Certified ambulance service means an ambulance service having an ambulance - service certificate issued by the department pursuant to section 3005 or 3006 of the Public Health Law. (k) Certificate of inspection means a windshield sticker affixed to the lower right-hand corner of the windshield of the ambulance. The sticker signifies that the vehicle has IONYCRR- 900(11/5104) Page 2 of 25 (3) Continuing Education Course Sponsor - a course sponsor authorized by the department to conduct one or more of the following courses: Critical Trauma Care, Ambulance Accident Prevention Seminar, Combined EMT refresher /CTC, Certified Instructor Coordinator, Certified Lab Instructor, Certified Instructor Update, Prehospital Pediatric Care Course, EMS Dispatcher Course, Crash Victim Extrication, Emergency ;Vehicle Operator, Infection Control Workshop, or other continuing education courses developed by the department. Approval as a continuing education course sponsor is specific to the actual courses that the sponsor is authorized to offer and not all sponsors will be approved to offer all types of. courses. (y) Learning Contract means an informal written agreement between a student and a course sponsor, which specifies requirements to complete the course and the policies of the sponsor. (z) DNR bracelet means an item meeting the Department of Health specification in section 800.90 of this Part, which may be warn by a person who has been issued a valid non - hospital order not to resuscitate. , (aa) Automated External. Defibrillation (AED) means defibrillation by a certified first responder, emergency medical technician or advanced emergency medical technician using an external defibrillator that incorporates an electronic rhythm analysis system that limits the delivery of an electrical counter shock to a rhi rthm for which defibrillation is medically indicated. The external defibrillator may be either a fully automatic or semiautomatic (shock - advisory) type. (bb) "mutual aid agreement" means a written agreement, entered into by two or more ambulance services or advanced life support first response services for the organized, coordinated and cooperative reciprocal mobilization of personnel, equipment, services or facilities for back -up or support upon request as required pursuant to a written mutual aid plan. (cc) "call receipt interval" means the elapsed time from receipt of a request for emergency assistance by the service or its dispatch agency to the time a staffed ambulance or ALSFR vehicle is en route to the reported location of the incident. (dd) "Advanced life support (ALS) care" means definitive acute medical care provided under medical control, by advanced emergency medical technicians within an advanced life support system. (ee) "Advanced life support first responder (ALSFR) service" means any person or organization, which provides advanced life support, care, but does not transport patients. (ff) "Advanced life support first response (ALSFR) vehicle" means a designated vehicle or conveyance operated by an ALSFR service, which brings advanced life support equipment and personnel authorized to provide ALS care to a location to provide such care. (gg) "Quality improvement program" means a program, which seeks to improve and enhance the quality and appropriateness of patient care and clinical performance of the service. (hh) "Governing authority" means in the case of a fire district, the board of fire commissioners; or in the case of a municipality, the municipality's legislative body; or in the case of a corporation, the board of directors; or in the case of a hospital, the 10NYCRR- 800(1115!04) Page 4 of 25 Emergency Medical Services Personnel 800.6 INITIAL CERTIFICATION REQUIREMENTS To qualify for initial certification, an applicant shall: (a) file a completed application bearing the applicant's original signature in ink with the department on a form provided by the department; (b) be at least 18 years of age prior to the last day of the month in which he/she is scheduled to take the written certification examination, except that a certified first responder must be at least 16 years of age prior to the last day of the month scheduled to take the written certification examination; (c) satisfactorily complete the requirements of a state- approved course in emergency medical technology given by a state - approved course sponsor at one of the following levels for which certification is available: (1) certified first responder (CFR); (2) emergency medical technician -basic (EMT); (3) emergency medical technician - defibrillation (EMT -D); (4) emergency medical technician - intermediate (EMT-1); (5) emergency medical technician- critical care (EMT -CC); (6) emergency medical technician - paramedic (EMT -P); (7) certified laboratory instructor (CLI); or (8) certified instructor coordinator (CIC). (d) after. completion of all course requirements, but within one year thereafter, pass the state practical skills examination, if applicable, for the level at which certification is sought; (e) within one year after passing the practical skills examination, pass the state written certification examination for the level at which certification is sought except at the certified instructor. coordinator level and certified lab instructor level; and (f) not have any convictions for a crime or crimes related to murder, manslaughter, assault, sexual abuse, theft, robbery, drug abuse, or sale of drugs or currently be under charges for such a crime, unless the department finds that such conviction or charges do not demonstrate a present risk or danger to patients. 800.7 REEXAMINATIONS - APPLICANTS FOR INITIAL CERTIFICATION (a) Candidates who have failed the practical skills examination must complete a refresher or an original certification course for the level of certification sought prior to being admitted to another practical skills examination at the .same level of certification. Such candidates may be admitted once to a practical skills examination at a lower level of certification within one year after the last attempt at the level originally sought. (b) Candidates who have failed the written certification exam after two attempts must complete a. refresher or original certification course at the appropriate level prior to being admitted to another written certification exam at the same level of certification. Such candidates may be admitted once to a written certification examination at a lower level of certification, within one year after the last attempt at the level originally sought. IONYCRR- 600(1115144) Page 6 of 25 (b) No person certified pursuant to these regulations or required to be certified (see Article 30 of the Public Health Law) shall practice above the level of emergency medical technician -basic except as part of an advanced life support system. 800.12 RECIPROCAL* CERTIFICATION REQUIREMENTS (a) To qualify for New York: State certification based on out -of -state emergency medical technician- basic, emergency medical technician - intermediate, emergency medical technician - critical care, or emergency medical technician - paramedic credentials, a person must be currently certified or licensed by another state. The other state's training must be equivalent to or more stringent than New York State training and examination requirements. (b) The applicant must: (1) demonstrate a need for certification, such as New York State residence (or) employment opportunity; (2) submit a written request for New York State certification, including a copy of the out -of -state credentials and complete an application for certification on a form to be provided by the department; (3) pay in advance a filing fee of twenty -five dollars for certified first responder or emergency medical technician -basic certification or fifty dollars for any other level of certification; (4) not have any convictions for any crime or crimes related to murder, manslaughter, assault, sexual abuse, theft, robbery, drug abuse, or sale of drugs or currently be under charges for such a crime unless the department finds that such conviction or charges do not demonstrate a present risk or danger to patients; and (5) be at least eighteen years of age. 800.13 CERTIFICATION The department: (a) shall grant reciprocal certification to any qualified person with out-of-state certification or licensure, provided that there are no outstanding violations or charges of violations of the rules or laws governing emergency medical services in the states) in which the person holds certification or licensure. (1) Such certification shall expire on the same date as the applicant's out-of- state certification, except that such certification shall be for no more than three years. (2) Candidates who are required to pass both the written and practical skills examinations as part of this process shall have the expiration of their certifications determined by section 800.17. (b) may require the candidate to pass the written or practical skills examinations in order to determine the equivalency of training; and (c) shall keep the processing fee, even if the application for certification is denied. 70NYCRR- 800 (1115/04) Page 8 or 2.5 such order pursuant to paragraph (1) or (2) of this subdivision or for other actions taken reasonably in good faith pursuant to this subdivision. (d) not use an automated external defibrillator unless: (1) he is acting as a certified first responder, emergency medical technician or advanced emergency medical technician; and (2) under medical control; and (3) when authorized by and serving with an agency providing emergency medical services which has been approved by the regional emergency medical advisory committee to provide AED level care within the EMS system; and (4) after completing AED training which meets or exceeds the state minimum AED curriculum. 808.16 SUSPENSION OR REVOCATION OF CERTIFICATION Any certification issued pursuant to this Part may be suspended for a fixed period, revoked or annulled, or the certificate holder may be censured, reprimanded, or fined in accordance with section 12 of the Public Health Law, after a hearing conducted pursuant to section 12 -a of the Public Health Law, the department determines that the certificate holder: (a) has failed to comply with the requirements of section 800.15 of this Part; (b) has been found guilty of either fraud, deceit, incompetence, patient abuse, theft, or dishonesty in the performance of the certificant's duties and practice; (c) has been found guilty of fraud or deceit in the procuring of certification; (d) has been convicted of any crime or crimes related to murder, manslaughter, assault, sexual abuse, theft, robbery, drug abuse or sale of drugs unless the department finds that such conviction or charges do not demonstrate a present risk or danger to patients; (e). has provided patient care or driven an ambulance or other emergency medical services response vehicle while under the influence of alcohol or any other drug affecting physical coordination or intellectual functions; (f) has knowingly aided or abetted another in. practice as an emergency medical technician who is not certified as such; or (g) has held him or herself out as being certified at a higher level than actually certified, or has used skills restricted to individuals holding a higher level of certification. 800.17 PERIOD OF CERTIFICATION (a) Expiration of initial certification. A candidate's initial certification shall expire at 11:59 p.m. on the last day of the month 37 months following the month in which the candidate passed the written certification examination. (b) Expiration of subsequent certifications. (1) A candidate who completes the requirements of section 800.8 during the last nine months of his or her certification shall have his or her certification extended for an additional thirty -six months; (2) The certification of a candidate who completes the requirements of section 800.8 at any other time while certified shall expire at 11:59 p.m. on the last day of the IONYCRR- 800(1115104) Page 10 of 25 sponsorship applications, shall consider the capability of the sponsor to meet the requirements of this part, the size of the potential student pool and the impact of an additional Sponsor on the ability of existing sponsors to sustain a student body of adequate size. (4) The application for approval shall include the names of all certified instructor coordinators and certified lab instructors who will be providing instructional services. (b) Course planning. Each course sponsor shall on or before July 1 and January 1 of each year submit to the appropriate regional emergency medical services councils and the department a projected schedule of courses for the next six months, including the course type, tentative dates and locations, and proposed certified instructor coordinators. (c) All course sponsors shall meet the following requirements: (1) Administration. Course sponsors shall comply with the following administrative requirements: (i) The course sponsor shall file applications for courses by the deadline included in a schedule supplied by the Department; (ii) The course sponsor shall not admit students who do not meet the age requirements for certification in accordance with this Part, or who do not meet the requirements for entry into a refresher course (i.e., previous completion of an original course); (iii) The course sponsor shall submit student applications, in accordance with a schedule supplied by the department; (iv) The course sponsor shall certify to the department those students who have met the requirements of the curriculum approved by the department and the State Emergency Medical Services Council. (2) Equipment and Supplies. Supplies and equipment adequate for the provision of instruction shall be available consistent with the curriculum and sufficient for the number of students enrolled. (3) Instructional Faculty. Every course except continuing education courses shall have a Certified Instructor Coordinator. Each continuing education course shall be conducted by faculty who have completed an instructor training course, conducted by the Department, for.that specific course. The lab faculty of all courses except continuing education courses shall include one or more certified laboratory instructors. (4) Admission Policies and Procedures. Admission of students shall be made in accordance with clearly defined and published policies of the course sponsor, which shall be available to the department on request. Specific academic, health related, and technical requirements for admission shall also be clearly defined and published. The standards and prerequisites for admission shall be made known to all individuals expressing an interest in enrollment. (5) Curricula. All emergency medical services training courses that result in state certification shall meet the following minimum standards regarding curricula for the specified certification level. (i) Any curriculum for each specified certification level must contain the following minimum course content areas: (a) Certified First Responder (CFR). 1 ONYCRR -800(i 115104) page 12 of 25 (3) chest decompression; (4) surgical airways; (5) transcutaneous pacing; (6) advanced management of central nervous system emergencies; (7) advanced management of acute abdomen, genitourinary and reproductive system emergencies; (8) advanced management of environmental emergencies; (9) advanced management of geriatric emergencies; (10) advanced management of pediatric emergencies; (11) advanced management of obstetrical and gynecological (OB /GYN) emergencies; (12) management-of neonatal emergencies; and (13) management of behavioral emergencies including pharmacological interventions. (ii) The department shall maintain and provide for distribution of the approved model curriculum and any publication that directly relates to an approved emergency medical technician services training course curriculum. This material shall be available for public inspection and copying at the New York State Department of Health, Office of Regulatory Reform, Empire State Plaza, Coming Tower Building, Room 2415, Albany, New York 12237. (iii) Use by course sponsors of the model curriculum developed by the New York State Emergency Medical Services Council (SEMSC) and approved by the Commissioner or her/his designee shall not require further review or approval. All other proposed curricula shall be reviewed by the SEMSC for compliance with the minimum standards described in the paragraph, and its recommendation shall be provided to the Commissioner or her /his designee for approval. (6) Evaluation. Evaluation of students shall be conducted on a recurring basis and with sufficient frequency to provide the student, course medical director and certified instructor coordinator with valid and timely indicators of the student's progress toward and the achievement of the competencies and objectives stated in the curriculum. In order to ensure effectiveness of student evaluation, the test instruments and evaluation methods shall undergo at least annual review. When appropriate, reviews shall result in the update, revision, or formulation of more effective test instruments or evaluation methods. The reviewers shall include at least a certified instructor coordinator. (7) Identification. Students at clinical or internship sites shall be clearly identified by name and student status, using nameplate, uniform, or other apparent means to distinguish them from other personnel. (8) Fair Operational Practices. Announcements and advertising shall accurately reflect the program offered. Student and faculty recruitment, student admission, and faculty employment practices shall be non - discriminatory with respect to race, color, creed, sex, age and national origin. The course sponsor shall have written policies, which shall be approved by the department as being consistent with the curriculum, 10NYCRR- 800(1115!04) Page 14 of 25 delegate the medical direction of a specific course to another physician, provided that the department is notified in writing at least thirty days prior to the start of the course. (11) Practical Skills Examinations. The course sponsor shall follow the administrative procedures issued by the department for conducting the practical skills examination. (d) The following requirements apply to advanced life support course sponsors and accredited paramedic course sponsors: (1) Clinical Resources. Clinical affiliations shall be established and confirmed in written affiliation agreements with institutions and agencies that provide clinical experience under appropriate medical direction and clinical supervision. Students shall have access to patients who present common problems encountered in the delivery of advanced emergency care so that the students may meet the clinical objectives. Supervision in the'clinical setting shall be provided by program instructors or hospital personnel, such as nurses or physicians, if they have been approved by the program to function in such roles. The ratio of instructors to students in the clinical facilities shall be no greater than 1:6. (2) Fair Operational Practices. Each sponsor shall have written policies, which shall be approved by the department as being consistent with the curriculum, equitable in their treatment of students and in compliance with the requirements of this Part. Such policies shall be issued to all students at the first course session, or earlier, covering each of the following subjects; (1) clinical experience requirements and objectives, (ii) field internship experience requirements and objectives. (3) Evaluation. The annual review of test instruments and evaluation methods shall be conducted by the sponsor's medical director and one or more certified instructor coordinators. Certified Ambulance Services 800.27 GENERAL REQUIREMENTS An ambulance service shall: (a) have a valid Department of Health certificate of inspection and Department of Motor Vehicles certificate of inspection on each vehicle at all times while it is in service; (b) withdraw from service any ambulance or emergency ambulance service vehicle which is not in compliance with requirements of this part, or not in compliance with requirements of the Department of Motor Vehicles. Any vehicle with holes (from rust, poor gaskets, etc.) into the patient compartment must also be withdrawn from service; (c) notify the department in writing when any ambulance or emergency ambulance service vehicle is permanently removed from service. Such vehicles must have removed all departmental certification stickers and logos; (d) display an out -of- service sticker supplied by the department on any vehicle taken temporarily out of service in accordance with the departmental procedures currently in effect; (e) display on the exterior of both sides and the back of all ambulance and emergency ambulance service vehicles the name of the service in letters not less than 3 inches in 'ONYCRR- 8o0(11 /5104) Page 16 of 25 (5) by approval of the department or the appropriate regional emergency medical _ services council for up to 60 days if the expansion of territory is necessary to meet an emergency need. (p) have and enforce written policies concerning: (1) mutual aid, including any required authorizations and agreements, to request the response of the nearest, appropriate, available EMS service(s). The written plan shall consider the incident location and access to it, location of the mutual aid agency, primary service territory, authorized level of service, staff availability and any other pertinent information when identifying the mutual aid agency; (2) coverage of the ambulance service's response area when it is unable to respond to emergency call for assistance; (3) the maximum call receipt interval for all emergency calls for assistance, except for MCI or disaster situations; (4) actions to be taken if the maximum call receipt interval determined in (3) is exceeded and an ambulance has not yet started toward the incident location; (5) authorization and protocols for a central dispatch agency to send a mutual aid service when the service does not or cannot respond; (6) minimum qualifications and job descriptions for all patient care providers, drivers and EMS dispatchers; (7) physical, health and immunization requirements for all patient care providers and drivers, including provisions for biennial review and updating of such requirements; (8) preventive maintenance requirements for all authorized EMS response vehicles and patient care equipment; (9) cleaning and decontamination of authorized EMS response vehicles and equipment; (10) equipping and inspection of all authorized EMS response vehicles; (11) reporting by the agency of suspected: (i) crimes; (ii) child abuse; (iii) patient abuse; and /or (iv) domestic violence, including any directed toward elderly persons; (12) responsibilities of patient care providers when: (i) a patient cannot be located; (ii) entry can not be gained to the scene of an incident; (iii) a patient judged to be in need of medical assistance refuses treatment and /or transportation; (iv) patients seek transportation to a hospital outside the area in which the service ordinarily transports patients; (v) a receiving hospital requests that a patient be transported to another facility before arrival at the hospital; (vi) treating minors; (vii) treating or transporting patients with reported psychiatric problems; and/or (viii) confronted with an unattended death. 10NYCRR- 800(11/5104) Page i8 of Z5 communication systems are subject to approval of the department as being equivalent in capability. (f) have a curbside door large enough to allow for removal of a recumbent patient on a stretcher or cot; (g) have all ambulances built after July 1, 1990, equipped with a heating, ventilation and air conditioning system which maintains the patient compartment at approximately 75 degrees Fahrenheit regardless of outside temperature; (h) have all cots and devices used to transport patients secured while in motion. Such capability shall.be demonstrated to the department upon inspection. These shall be crash resistant. 800.23 GENERAL_ REQUIREMENTS RELATED TO EQUIPMENT (a) All equipment shall be clean, sanitary, and operable. (b) The emergency medical technician must be able to operate all equipment on board the ambulance or emergency ambulance service vehicle within the scope of his/her certification. (c) Any volume of liquid in excess of 249 milliliters stored in the arrmbulance must be in plastic containers. (d) Insofar as practical, all equipment in every vehicle shall be secured to the vehicle whenever the vehicle is in motion. (e) All pressurized gas cylinders shall be secured and in compliance with Federal DOT hydrostatic test expiration dates, (f) If controlled substances, drugs or needles are carried, there shall be a securely locked cabinet in which these items are stored when not in use. 800.24 EQUIPMENT REQUIREMENTS FOR CERTIFIED AMBULANCE SERVICE All ambulances in a certified ambulance service shall be equipped with the following unless exempted pursuant to section 800.25: (a) Patient transfer equipment consisting of: (1) wheeled ambulance cot capable of supporting the patients in the Fowlers position; (2) a device capable of carrying a second recumbent patient; (3) a device enabling ambulance personnel to carry a sitting patient over stairways and through narrow spaces where a rigid litter cannot be used. The requirements of paragraphs (2) and (3) of this subdivision may be satisfied by use of one combination device capable of both operations; (4) all litters and cots used to transport patients shall be secured using crash resistant fasteners. The ambulance shall be equipped with securing devices such that two patient carrying devices can be simultaneously secured; and (5) ambulance cots and other patient carrying devices shall be equipped with at least two, two -inch wide web straps with fasteners to secure the patient to the device and the cot. (b) Airway, ventilation, oxygen and suction equipment consisting of: 1 ONYCRR- 800(1115!04) Page 20 of 25 ATTACHMENT I SCHEDULE B This Agreement extends to Rural Metro the authority to provide Emergency Medical Services in response to .91.1 calls in the City ofBuffalo for the following.'zones, which includes all zones currently defined in the City of Buffalo: Zone A Zone B Zone C Zone D Zone E Zone F EK4 1b(T A [HISTORY: Derived from Art. XIX of Ch. XXV of the Charter and Ordinances, 1974; of the City of Buffalo; amended in its entirety 4-14-1"998, effective 4 -29 -1998. Subsequent amendments noted "where applicable.] GENERAL REFERENCES Infectious diseases — See Ch. 158. Obstruction of public safety — See Ch. 345. Vehicles and traffic — See Ch. 479. § 72-•1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ADI: -- Ambulance Dispatch and inspection. AMBULANCE -- Any vehicle equipped for the care of and used in the transportation of wounded, sick, injured or infirm people. PERSON -- Any individual, firm, partnership, association, corporation, company or any organization of any kind. § 72 -2. Exemptions. A. Exemptions from the provisions of this chapter shall be: (1) Ambulances owned and/or exclusively controlled by any federal, state, county or other governmental agency (2) Private vehicles used in the transportation of the convalescent from hospital to home or from home to outpatient clinics. (3) Private vehicles used in the transportation of the infirm or crippled to and from places for rehabilitory therapy. (4) A physician, resident intern and registered nurse. B. A volunteer ambulance operating on a college or university campus for the sole purpose of providing service to the members of said academic community shall be exempt from: (1) The license fee for drivers and attendants. I �_ �� (2) That provision of § 72 -3 requiring two licensed ambulance attendants on the ambulance. (The ambulance may operate with one emergency medical technician, according to New York State Public Health Law, Article 30A § 72 -3. Ambulance license required. On and after the Burst day of April 1960, n€i person shall engage in the ambulance service business of transporting patients from flocation within the city to any other location without first obtaining a license from the Director of Inspections, Licenses and Permits of the City of Buffalo. Such licensed ambulance shall be operated consistent with the provisions of New York State Public Health Law Article 30,.Sections 3005 and 3005A, and New York Codes, Rules and Regulations, 10 NYCRR Part 800. The ambulance driver shall be qualified as an emergency medical technician and shall be accompanied by an additional licensed Emergency Medical Technician as hereinafter provided. § 72.4. Application for ambulance business license. An application for an ambulance license shall be made by the person desiring the game to the Director of Inspections, Licenses and Permits on forms provided. Such application shall state the designated stations or hospitals or such other place or places from which it is intended or desired to* operate such ambulance on a twenty - four -hour basis, together with a description of the ambulance and such other information as the Director of Inspections, Licenses and Permits and the Board of Emergency Medical Services shall find reasonably necessary. Applicants must duly verify that each ambulance has been inspected by the Commissioner of Health, certifying that each ambulance meets the requirements of this chapter, pertinent state laws, city ordinances and the applicable sanitary codes. A. Each applicant for an ambulance business license shall submit a letter of approval from the Commissioner of Police and shall submit a current original operating certificate from the New York State Department of Health. B. The licensed ambulance business shall assure that all ambulances utilized in the ambulance business meet all applicable regulations and requirements of New York State and the municipality. § 72 -5. Application for emergency medical technician's license. Applications for licenses for emergency medical technicians shall be made upon forms to be provided by the Director of Inspections, Licenses and Permits and shall contain such information as the Director of Inspections, Licenses and Permits and Board of Emergency Medical Services shall deem reasonably necessary, in addition to meeting the following requirements and E qualifications: A. Each applicant for a license as an emergency medical technician shall submit a letter of approval from the Commissioner of Police and shall submit a current certificate of completion of an emergency medical technician course approved by the Commissioner of Health. B. Upon being.satisfied that au emergency medical technician meets the requirements of this chapter, the Commissioner of Health to whom the application shall be referred shall recommend approval of such. application. § 72 -6. Emergency Medical Services Board. A. Appointment; membership. The Mayor shall appoint an Emergency Medical Sery ices Board to consist of at least six members and not more than 10 members, each of whom shall serve for a term of three years without compensation. The Mayor shall designate and appoint one of the members of said Board as Chairman thereof, who shall be removable at the pleasure of the Mayor. One member of said Board shall be the Director of the Erie County Health Department Bureau of Emergency Medical Service or such other representative as the.Erie County Commissioner of Health may designate. B. Qualifications. The members of the Board shall be persons possessing qualifications' satisfactory to the Mayor. C. Powers and duties. The Board shall: (1) Meet on the first Thursday by each month or such other time as may be designated by the Chairman of the Board. (a) A member of the Board who fails to attend three consecutive monthly meetings, without being excused by the Board Chairman or the Secretary of the Board prior to a scheduled meeting, may be dismissed by the Mayor. (2) Advise, consult with and recommend to the Mayor and the Common Council all matters concerning ambulance service, administration of this chapter and any amendments thereto which it may deem necessary and advisable. (3) Advise and inform the public concerning any practices in connection with ambulance service which it may consider harmful to the persons in need thereof (4) Examine and determine the fitness and qualifications of applicants.for licenses, using as criteria therefor the information contained in the application and such other or additional proof attached thereto, together with such proof or- evidence as the. Board may acquire by its own study, examination or investigation, and thereafter,. in its certification, 3 recommend to the Director of Inspections, Licenses and Permits whether or not a license shall be issued to the applicant.. (5) Grant, upon written request accompanying the application of the applicant, a hearing on said application or, if the application is denied without a hearing being requested, grant a hearing on said denial, provided that said hearing is demanded in writing within 15 days after denial of the application by the Board. (6) Hear and determine any and all matters relating to the revocation or suspension of licenses and certify its findings to the Director of Inspections, Licenses and Permits. However, a license maybe temporarily suspended without a hearing for a period not in excess of 10 days upon notice to the licensee following a finding by the Board that the public health, safety or welfare is in imminent danger. I T (7) Adopt such rules and regulations as may be necessary to carry out the purposes of this chapter and for the conduct of its duties, including but not limited to: (a) Establisli zones of operation within the city boundary lines, using as criteria the responsiveness to emergency calls, the population and rescue call experience, and listing thereon the order of priority of the service so that ADI can, when ambulance service is needed, dispatch its order of said priority, provided that the ambulance or ambulances are not otherwise in semce. .(b) Extending, modifying, restricting or changing the boundary lines of an assigned ambulance zone of operation as may from time to time be deemed necessary. r (c) Providing for the location and staffing of a central control office so that all complaints for ambulance service can be recorded and forthwith forwarded to the Board for its study, review and attention. (d) Coordinating and establishing ambulance charges for patients transported from a location within the city to any other location and requiring ambulance owners to submit, with the application for a license, the rates to be charged for said service in the city and the rates charged for said service when rendered outside the boundaries of the city. - (e) Requiring the. owner or operator of an ambulance dispatched by ADI to forthwith report the results thereof. (f) Requiring the owners of ambulance businesses to maintain all records as required by New York State and the Emergency Medical Services Board. These records shall be made available upon the request of the Emergency Medical Services Board within 24 hours of said request. . (g) Evaluate on an ongoing, regular basis the quality and effectiveness of services. 4 § 72 -7. Issuance term and revocation or suspension of ambulance business license. A. The Director of Inspections, Licenses and Pen-nits shall, upon the approval of the Board of Emergency Medical Services, issue such license upon the payment of the required fee. B. Each such license shall expire on December 31 of the year for which it is issued. C. At anytime after a license has been issued, the Commissioner of Health May make or cause to be made further inspections; an d if any ambulance is found by him to be in violation of this chapter, the Commissioner of Health may recommend to the Board of Emergency Medical Services that proceedings be instituted to revoke or suspend such license. § 72- 8.'Issuance, term and revocation or suspension of emergency medical technicians license. A. With the approval of the Board of Emergency Medical Services and the Commissioner of police, the Director of Inspections, Licenses and Permits shall issue such emergency medical technician's licenses upon payment of the required license fees. B. Each such license shall expire on December 31 of the year for which it was issued. C. After such license has been issued, if it is found that the licensee is violating any of the terns of this chapter, the Commissioner of Health may recommend to the Board of Emergency Medical Services that proceedings be instituted to revoke or suspend such license. § 72 -9. payment of license fees. A. The fee for an ambulance license shall be as provided in Chapter 175, Fees, payable biennially to the Director of Inspections, Licenses and Permits in advance. Separate licenses shall be required biennially for each ambulance operated, and they shall not be transferable, except that a license issued for any vehicle belonging to the same licensee shall be transferred to another vehicle upon application therefor, duly verified and showing that. the vehicle previously licensed 'is no longer to be used for the purpose herein contemplated. B. The fee for an emergency medical technician's license shall be as provided in Chapter 175, Fees, payable biennially to the Director of Inspections, Licenses and Permits in § 72 -14. Insurance. All persons who shall operate a licensed ambulance on the streets of the City of Buffalo shall procure a public liability policy, to be issued by an insurance company authorized to do business person to a hospital after the need for hospitalization has been determined or if made at the request of the Police or Fire Department. When a person is found ill or wounded or infirm or injured in the street or any public place, however seriously, he shall not be left in such location but shall be removed to a hospital. C. Emergency medical technicians shall not cruise in the Buffalo streets except in an emergency declared by the Buffalo Police Department. § 72 -13. Equipment and supplies. All ambulances on the streets in the City of Buffalo shall be equipped and maintained consistent with the requirements of Part 800 of New York Codes Rules and Regulations, Sections 800.21 through 800.26. § 72 -14. Grounds for suspension or revocation of license. A. The license of an ambulance business licensee may be suspended or revoked for any of the following causes: (1) Failure to comply with the provisions of this chapter or the roles and regulations of the Board of Emergency Medina] Services. (2) Solicitation of business for attorneys or tow track companies. (3) Removal and retention of property, money or other assets belonging to a-patient. (4) Unbecoming conduct and abusive language in rendering ambulance service. (5) Unprovoked essaults in the discharge of duties. (6) On -duty use of alcohol and/or illegal or nonprescribed drugs. (7) Conviction of a crime involving moral turpitude. B. The license of an emergency medical technician may be suspended or revoked for any of the following causes: (1) Failure to comply with the provisions of this chapter or the rules and regulations of the Board of Emergency Medical Services. _ (2) Solicitation of business for attorneys or tow truck companies. (3) Removal and retention of property, money or other assets belonging to a patient. 7 r (4) Unbecoming conduct and abusive language in rendering ambulance service. (5) Unprovoked assaults in the discharge of duties. (6) 4n -duty use of alcohol and/or illegal or nonprescribed drugs. (7) Conviction of a crime involving moral turpitude. I 8 . 7" • § 3000--a PUBLIC HEAL'I<'H ERGENCY MEDICAL SERVICES § 3001 - T X 40 damages for injuries alleged to have been sustained by such pe _ ` '. "Ambulance service" means an i dividual, partnership, associ or for damages -for the death of such person- alleged. to haye,oct^u ` ' 'tt, corporation, municipality or • rty. legal or public entity or by reason of an act- or omission in the rendering Qf such emerge' -' ivision thereof engaged in prov't ing emergency medical cart: f,.. treatment unless it is established that such injuries were or `" d the transportation of sick or inju ed persons by motor vehicle, death was caused b gross negligence on 'the. part of such pe' :' raft or other farms of transportatio i to, from, or between genetal Nothing in this section- shall be , deemed or construed to retie ` ' :pitals or other health care facilitit: . t, a:.. licensed h p hysical re is p hysician, dentist, nurse, p, Y ;� eal therapist or g' t .� physician's assistant from�1iability for dtamages'for injuries or dc� �� 3. —Voluntary ambulance service" means an ambulance service " for or finaneial gain, and (H) no t .. caused by an act or omission• on the part of such person w' ' a {' operating not pecuniary profit of the assets .or income of which s distributable , or enures to n rendering professional services, in the normal and ordinary courst~' �^ his or her practice. benefit of, its members, directors r officers exce t to the extent rmitted under this article. -, (Added L.1984, c. 943,,§ 1,) a 4. "Voluntary advanced lift; suppoll first response service" means Vlatorical and Statutory Notes vanced life support first response service W operating not for d• cuniary profit or financial gain, ai d (ii) no part of the assets or r.'. EI'i'ective Date. .section effective. Aug. 6, 1984, pursuant to L.1964, c. 943. § 2. - come of which is distributable; to, r enures to the benefit of, its directors or officers exec to the.'extent omitted under embers, P l? � Cross References is. article. Good samaritan exception, see Education Law §� 6527, 6547, 6611, 6737, 6 S. "Certified first responder" means an individual who meets ,the k_ Licensing of M *x tn[nimum requireme established by regulations pursuant to sec - Dentists, see Ed § 6600 et seq. ° on three thousand two of this anti •le and who is responsible for '--- Nurses, see Education Law § 6900 et seer. "administration of initial life saving c re of sick and injured persons. Physical therapists and physical therapia assistants, see Education § 6730 et seq _� `. 6. "Emergency medical technic i n" means an individual who Physician 'assistants -and specialist 6.4sistants, see Education Law § 6540 -.: the mini requirements. a tablished by regulations pursu- ` seq. Ph ys icians, see Education Law § 65z0 et seq. T�. ant to section three thousand two of his article and who is responsi- -.`ble for administration or supervisio of initial emergency medical i {` - and transportation of sick or ir jured persons. •_ Library References American Digest System _'care 7. " Advanced emergency medical technician" means an emergnn- F cy medical technician who' has satis actorily completed an advanced -: Personal conduct constituting' negligence., acts- in emergencies, see Negligrp-.t. 0+12. course of training approved by the state council under regulations Encyclopedia 'pursuant t section three thousand we of this article, Duti as to ill, injured, or helpless• persons see C-I.S. Negligence §§ 63(1 to . 8. "State council" means the Ne York state emergency medical services council established tQ this article. 63(107). pursue WESTLAW. Resear 9, "Regional council" means a t egional emergency medical ser- Negligence cases. 272 k[ad4 key number] vices council established pursuant t this article. 10. "Enrolled member' means a iy member of a voluntary ambu- § 3001. Definilttons t lance service or voluntary advanced[ife support first response service As used in this article, unless the context wh o provides emergency medical care or transportation of sick or otherwise requires: i injured persons without expectation of monetary compensation. _ , L "Emergency medical service" means Initial emergency medical assistance including, but not limited to, the treatment 11. "Advanced life support care" means definitive acute medical of .trauma, care provided, under medical cons 1, by advanced .emergency medi- § 3001 , PUBLIC HEALTH A� 12. "Advanced life sup port• system" means .a n organized a medical care system to provide. advanced life support care on sit1 ' en routes to, from, or between general hospitals or other health,- facilities. 13. "Advanced life support mobile unit" means an ambulance advanced life support first response vehicle approved* to pro advanced life. support services pursuant to this article. w 14. "Qualified medical and health personnel" means , physieiu. - . registered professional nurses and advanced emergency medi ' technicians competent in the management of patients requiring a'_ vaned life support care. 15. "Medical control' means: (a) advice and direction provid by a physician or under the direction of a physician to certified li responders, emergency medical technicians or advanced emergen medical technicians. who are providing medical care at the scene an emergency or en route to a health care facility; and (b) indirect, medical control including the written policies, procedures, and' pro` tocols for prehospital emergency medical care and transportation developed by the state emergency medical advisory committee, ap-` proved by. , the state emergency medical services council and the.' commissioner; and implemented by- regional medical advisory com_` mittees, 16. "Regional medical advisor committee" means a group of five or more physicians, and one or more non - voting individuals repre sentative of each' of the following: hospitals, basic life suppor . provide t rs, advanced life support providers and emergency medical services training sponsor medical directors approved by the affected regional emergency medical services councils. 17. "Advanced life first response service" means :an orga- nization which• provides advanced life support care, but does not transport patients, 18. "EMS program agency" means - a-not-for-profit corporation or municipality designated by the state council -and approved by the affected regional council or councils to facilitate the development and operation of an emergency medical. services system within a region as directed by the regional council under this article. . 19, "Operator" means any person who by reason of a direct or indirect ownership interest (whether of record or beneficial) has the ability, acting either alone or in concert with others with ownership } • interests, to direct or cause the direction of .the management or I Policies of .an ambulance service or advanced life .support First response service. LRGENCY -MEDICAL, SERVICES § 3001 136. 0. "Mutual aid agreement" means a written agreement, entered t .by two or more ambulance services or advanced life support first ponse services possessipg v lid ambulance service or advanced e support first response servi •e certificates or statements of' re6is tion, for the organized, coo dinated, and cooperative reciprocal bilization of personnel, equi ment, services, or facilities for back- ' or support upon request as t pursuant to a written mutual 'd plan, An ambulance, se ice and advanced life support first ponse service may participa a in one or more mutual aid agree!- - ents. 21. "Primary territory" me ns the geographic area or subdivi- ions listed on an ambulance service certificate or statement of registration within which the ambulance service may receive patients or transport. -$Added L. 1974, c. 1053, § 2; arne, ided L. 1977, c. 338, § l; L. 1977, c. 742, 1; L.1979, c. 439, § 1; L.1981, c. 252, § 2; L. 1992, c, 804, § 2; L.1993, c. 445, § !.) Historical a d Statutory Notes 1993 Amendments. Subd. 13. L.1903, Subd. 5. L.1992 C. BD4. 4 2, eff. 1u1% c: 445.1 1, eff. July 26, 1993 rctroact ve I, 1993, added Subd, 5 and omitted foi:- to July 1, 1993, included within the d fi• mer subd. 5 which defined "hospital unr nition or "advanced life support mok ile bulance service ". unit" an advanced life support first 'e• Subd. G. L,1492, c. 804, § 2, eff. July sponse vehicle. 1, 1993, substituted "care and ►ransporta- Subd. 15. L.1993, c. 445, § 1, L eff. J jly lion of sick" for "assistance and handling 26, 1993 retroactive to July 1, 1993, es- and transportation of sick, disabled". ignated portions of existing text as cis. (a) Subd, 10. L.1992. c. 844, § 2 eff. Jul} - f and (b), and in c1.-(b) as so designs d, 1, 1993, substituted "urn' member" for ,.'included within the meaning of "med at "an active member" and included a vol- control" indirect medical control. untary advanced life support first re 1992 Amendments. Subd, I. L. 15 92, sponse service providing emergency mud - R c. 804, § 2, eff. July 1, 1993, deleted "a ical care or u•ansportation without com- service engaged in providing pr'ecec mg pensation. "initial emergency medical ". Subd. 11. L. 1992, c, 804, § 2, eff. July ° Subd. 2. L,1992, c. 844, § 2, eff. u)y 1, 1993, substituted "life support care`' 1, 1993, substituted "emergency me d cal for "life support satvices ", "acute medi- care -1 for "emergency medical servic s ", cal care" for "acute medieul cart: selvic- deleted ", disabled" following "trans or= es ", and "medical conu'ol for "medical Cation of sick ", and substituted "form i of supervision and directiun ", transportation to, from, or between en- Subd. 12. L. 1992, c. 804, § 2, eff, Jul% eral hospitals or other health care fa iii- I, 1993, substituted "life support care`' t ties" for "form of transportation t or for "life support uervices" and ", from, ur i from facilities providing hospital set dc- between general hospitals or other huulih F es ", care facilities" for "a hospital", ti Subd. 4. L.1992, c. 804, § 2, eff. my Subd. t4. L.1992, r. 804, § 2, eff, Jule i 1, 1993, added subd. 4 and omitted for•• I, 1993, substituted "medieul techni- i, mer subd. 4 which defined. "muni pal cians" for "medieul personnel" and "life § 3001 PUBLIC. 'HEAL'TH lr An. Subds. 15 to 21. L. 1992, c. 804, § 2, Former § 3601, suitiuu. U4kk_ eff JuIY 1, 1993, added subds. 1'S W 21. L.1966, c. 949. § I. defining terms Hifeetive Date. section effective Apr. ''I'urnter article 30, was twpculcd' t, 1975, putxuattt to L.1974. c. 1053, § • 5, LA 974, 974, c.' 1053, § 1. as amended by L. 1974, c. 1054, § 7, Cross References Physician licensing, see Fducation Law § 1520 vt Regional' emetgenesy+ medical, services councils, see Public Hculth Law Registered nurses, see Education Law §§ 6903, 6905. Rules and regulations. see Executive Luw'§ 102; -State Administrative Pru, ALA § 201 et seq: State emergency medical advisory. committee, sry Public Hcaith Law § 33 State emergency medical services council, see Public Health Law § 3002. New York Codes, Rules and Regulations .Definitions, Slate Emerge nLy Wdical Services Code, see 10 NYCRR 800.3. Submission of.notices and filings in agency ruiemaking action, Net! 19 NYCRR et seq. Library 'References American Digest System Physician's and surgeons. statutory provisions, sec Physicians and Surgeons c-2., Encyclopedia . Definitions and general consideratium; particular activities and disciplines o healing arts, see C..1.S. Physicians, Surgeons. and Other Health -Cure Pro. eiders § 5. WESTLAW ites earch Physicians and surgeons cases 299kfadd key number]. Notes, of Decisions Constitutlonafity t • , cal :service {n .transit was not uneonstilu : tionally .vague, T.L,C. Medical Trangir; Services, fne. v. Commissioner• of Dept: a. Cortstltu tonality of Health, 1978, 66 A.D.2d 999,. 412. This section prohibiting invalid coach 14.Y.S.2d 70, service from providing emergency medi- § 3002. New -York state emOTIOney medical services council . I. There is hereby created in the'depat1rhent of health the NO,► York state emergency medical services council. The state countil. shall consist - of thirty-one • rnembers. Fourteen members to the • state cdundil shall - be appointed by the commissioner and shall be repro sentative of each geographic area of the state, - At least one member shall be representative of the interests of :the, general public.. other members shall be knowledgeable- in .various aspects of emergen" i7n MEDICAL i7�Frt.'30 Iiledical services and shall inch $ives of voluntary ambulance Itsponse•setvices, ambulance si .O iitbulance services, hospitals, unteer fire services, municil ,si:ivicex, physicians, and nuist 'Point a representative from eac ,- eived front the appropriate t :state council shall idect a chaff Abe state council by a majority for a .term of one year and unt 2. The state council shall K of a majority of those present, s - er, to enact, and from time tc .regulations. establishing minims ; ambulance service certification services, the provision of preho education; the development of es system, the provision of arr territory specified in the aml training, examination, and cer emergency medical techniciar technicians; provided, howeve be. consistent with the staffing thousand five -a of this article. ninety - seven, no minimum star Provided by a voluntary. ambul to a statement of registration four. The curriculum for cert exceed fifty -one; hours includ shall' have. the same powers article in any region of the sta been established. 2--a.. In furtherance of the this section, the state council s university of New York such may be -requested. by such trus' feasibility of community colle agricultural and technical cc courses which would satisfy d Cation and reeertification of advanced emergency medical § 3002 e, but not be limited to, re:prescnta- n vices, a life support lint vices operating. for profit, municipal statewide organization representing �l tax districts providing ambulance The commissioner shall also up- regional council, from nominations gional council. The members of the mrson from among the members of ate of those present, wbo shall stave a successor is elected. to the power, by an affirmative vote bject to approval by the commission - time, amend and repeal, rules and m standards for ambulance services, advanced life - support first response pital emergency medical cart:, public statewide emergency medical servic- ulance services outside the primary dance services' certificate and the fication of certified first responders, and advanced emergency medical that such minimum standards trust tandards established by section three Until January first, nineteen hundred lards shall be established for services nee service operating solely pursuant issued under section three thousand led first responder training shall not 19 prerequisites. The state council ;ranted to regional councils by this in which a regional council has not wens set forth in subdivision two of ill provide to the trustees of the state formation and recommendations as ;s to assist such trustees' study of i:he s' and state 'university of.New York ages' offering credit and noncredit educational requirements for certifi- mergency medical technicians and 3002 -PUBLIC. HE;ALT1R,;•LA .. 13. Upon appeal from the appropriate regional council, the st + council shall have the power, by an affirmatives vote of,a .majority, those present, to amend, modify and reverse, determinations .af regional councils lnade pursuant.to subdivision five of section th thousand three. and. section three thousand eight of this' article . determinations of the stater council respecting applications For. "' amb� lance service certificates or statements of registration -or p 1, the revpcatiQn, suspension (except temporary suspension), t 3rrli ttti or annulment of an ambtilance service Certificate shall'be suibjecl`ta review as provided in article. seventy -eight of the civil practice h and rules. Applicatlori for such 'review must be made withi't'i'sixt " days after service in person oe by registered or certified mail of' z, copy of the determination upon the applicant or holder of the certificate. - 3=a. Upon appeal from the applicant, the department, or any concerned party, 'the state council shall have the- power, by an. affirmative vote of a majority of those present, to amend, modify and reverse determinations of the regional councils made- pursuant to. subdivision five -a.of - section three thousand three of this:articie. All determinations of-the state council with respect to exemptions .shall be subject to review as provided in article seventy-eight of the civil Practice law and - rules. Application for such review must be made within sixty days after service in person or by registered or certified mail. 4. The term - of office of each member shall be two years. Vacad- cies shall be filled by appointment for the remainder of an unexpired term. 'The members shall continue in.-office. until the expiration of their terms and until their successors are appointed and have quali- fied. No member shall be appointed to the state council for more than four consecutive terms. 5. The state council shall. meet as frequently as its business may require. The presence of a majority of the .members shall constitute a quorum. The members of the state council shall receive no compensation for their services as members, but each- shall be allowed the necessary and actual expenses incurred in the perfor- mance of his or her duties tinder this section, 6. The .commissioner, upon request of the state council, shall designate an officer or employee of the department to act as secre- tary of the state council, and shall assign from time to time such other employees as the state council may require. 7. No civil action shall be brought in any court against any member, officer or employee of the state council, -for. any act done, failure to act, or statement or opinion made, while discharging his or 372 MEDICAL A". '30 her duties as a member, offic without leave from a justice obtained. In no event shall s liable for damages in any such food faith, witlVileasonable ca: 8. The state council shall, a and the regional councils, forw DeLiiilber first an estimate of quate fun for emergency advanced life support at the to services cQ.uncils, emergency n state emergency medical servit cal services training program article and article thirty -A of transmitted without change by division of the budget, the tei speaker of the assembly, and th house of the legislature. (Added L.1974, c. 1053, § 2; ame §'2; L.1977, c. 742, § 2; L.1981, 176, § 1; L.1992, c. 804, § 3.) Historical 1992 Amendments. Subd: 1. L.191 c. 804, § 3, erf. July .1, 1993, dole! provision for a minimum of 13 tnembe increased from ,13 to 14 the number geographical representatives; requli other members be representative of ; vaned life support first response sen as, a statewide organization represent volunteer fire services, municipal tax 4 tracts providing ambulance services, s nurses; and made text gender neut Subd. 2. L.1992, c. 804,-9 3, eff. J 1, 1993, authorized regulation of vanced life support first response ser es, prehospital emergency medical c, ambulance services outside the prim territory, and certified first respond provided that minimum standards consistent with staffing standards.put ant to § 3005 -a; inserted reference Jan. 1, 1997; and limited the curricui for certified first responder training to hours including prerequisites. Subd. 3=a, L.1992, c. 804, § 3, July 1,- 1993, added Subd. 3-a. § 30 or- employee of the state council, the supreme court, first had and -h member, officer or employee be :tion if he or she shall have acted in and upon probable cause. er consultation with the department d to the commissioner not later than he amounts needed to provide ade- nedical services training including d level, ' regional medical emergency dieal services program agencies, the s council or other esnr.rgency rnedi- to carry out the purposes of this is chapter. Such estimate shall be to commissioner to the governor, the porary president of the senate, the fiscal and health committees of each .d L.1974, c, 1054, § 1; L.1977, c. 338, 252, § 3; L. 1988, C. 9, § 2; L,i988, c. Statutory Notes Subd. 4, L.1992, c. 804, § 3, eff. July 1, 1993, extended term limitation for council members from 2 terms to 4 terms. Subds. 5, 7. L.1992, c. 804, § 3, eff. July. 1, 1993, made text gender neutral. Subd. B. L.1992, C. 804, § 3, eff. July I, 1993, added subd, 8. 1988 Amendments. Subd. 2-a, L.1988, c. 9, § 2, eff. Sept. 1, 1988, added subd. 2 -s. L.1988, c. 176, § 1, eff. Sept. 1, 1988, inserted reference to state university of New York agricultural and technical col- leges. Effective Date. Section effective Apr. 1, 1975 pursuant to L.1974, c, 1053, § 5, as amended by L.1974, c. 1054, § 7. Former § 3002. Section, added L.1966, c. 949, § I; amended L.1969, c. 407, § 94, relating to permits for ambu- lance service, was repealed by L. 1974, c. 1053, § 1. Legislative Findings of L.1988, c. 9. Section 1 of L.1988. c. 9• § 3002 :';•! L.1988, e. 176, §'2. ell'. Sept. I, 1988. provided; "The legislature hei•i:by finds and dc. Glares that the cmcrgency mcdicul scivlc- es systcm in this state providvs invaluable prehospital Cure to countless citizens. This system is dependent on the many volumgci•s that constitute the nmjorily of those providing emergency medical ser- vices. Muny volunteers &!sire eertlflea- tion or recertification as emergency med- ical technicians or advanced emergency medical technicians, but have erpct•i-• enced difficulty in obtaining the neces- sary edtteatfonal requirements. The availability of training programs and the long crewel disLUnec'requiYed for attend- ance raise: questions as to whether there I s sufficient access to these programs. , The legislature further finds and de. Glares that many community colleges and state university of New York agricultural and technical colleges are in areas in which emergency medical technician training is Inaccessible, The public's health, safety and welfare would be en- hanced by community college and state r university of New York agricultural and technical college sponsored training of emergency and advanced emergency medical technicians. The board of trust- ees of the state university of New York should examine the present availability of such training and the .feasibility of such PUBLIC HEAI:TH - 1LAW estllegcs ulierhrg Ihis Iraitliup to full and peu'l -lino studenrsou Lt etcdit or uuncrcd- it basis." College Courses fur EMT Certincatiun: Study and Report. Section 4 of L.1988. c. 9; amended L. 1988, C. 176. § 2. 0T. . Sept. 1. 1988, provided: "The board of trustees of the slut: university of Nrtr York shall conducL a study to deternun4 the feasibility of community ealleges' and - state university of Nc►v York Lgricultural and•technicul colleges' uff:ring credit and noncredit courses which would -i tisfv t h e educational requirements for conification and 1eLUrlifleation Of emergency' Medical technicians and advanced emergent }' medical tuchnicians. In conducting tiuch study, the board of Wuslees is hereby au- thorived to r uquust such infornlution and recontrriendations from the New York stuic emergency medical services . council and the NL%v Ydrk state department of health as such board' deems necessary. Such study shall be completed within one year of the effective date of this act JOL Sept. 1. 1988). Upon the completion of such stud the board shall submit to the board of regents the governor and the legislature: a report summarizing its find- ings and recommendations fdr the offer- ing of such courses by community col- leges and state university of Ncwv Yotk agricultural and technical Colleges." Cross References Applications for determinations of public need, see Public Health Law § 3008. Creation and filling of vacancies, see Public Officers Law § 30 ct seq. Division of budget, see Executive Law § 180 et seq. Expenses of public officers, see Public Officers Law § 64. Immunity for good faith actions, see Education Law § 6527, Proceeding against body or officer, see CPLR -7801 ei seq. Regional emergency medical services councils, see Public health Law § 3003. Rules and regulations, see Executive Law § 102; State Administrative Procedure Act § 201 et seq. Service of papers or process see CPLR 307 ct Seri.. 2103'. Staffing standards for ambulance service4 and advanced, life support first respunse services, set Public Health Law § J005 —a. State university of New York, see Education. Law § 201 el seq. Supreme-court, see McKinney's Const. Art, 6, H 6. 7; Judiciar Late § 140 et sty. Voluntary and municipal ambulance service registration, see Public Health Law § 3004. New York Codes'. Rules and Regulations State emergency medical services code, %..c 10'NYCRR Part 800. EWRGENCY MEDICAL SEIR AM. a0 Submission of notices and. filings in er seq. Library American Digest System Establishment of state and local he members, see Health and Em § 3002 —a rulemakinb action, scc 19 NYCRR 260 boards and appointment and Itinurc of nent Q-3. Encyclopedia Appointment, qualifications, and tent rc of health Officers, see C.J.S. Hcalth and Environment § 11. Creation by state of health boards and departments, see C.J.S. Health and Environment § 10. WESTLAW Research Health and environment cases: 199ktadd key number]. § 3002 —a. State emergency m advisory committee 1,. There shall be a state erne gency medical advisory committee of the state emergency medical services council consisting of twenty - nine members. Twenty -one mer Ibers shall be physicians appointed by the commissioner, including 3ne from each regional emergency medical advisory committee anc an additional physician from the city of New York and at least on pediatrician, one trauma surgeon, and one psychiatrist. Each of the physicians shall have demonstrat- ed knowledge and experience ift tmergency medical services, There shall be eight non - physician non-voting members appointed by the chairperson of the state count 1, at, least five of whom shall be members of the state emergency medical services council at the time of their appointment. At least one of the eight shall be an emergency nurse, at least one shall be an advanced emergency medical techni. cian, at'least one shall be a basic emergency medical technician, and at least one shall be employed it, a hospital setting with administra- tive responsibility for a hospital emergency department or service. The commissloner shall appoint a physician to chair the committee, 2. The committee shall develop and recommend to the state - council statewide minhhum stardards for: (a) medical control; (b) treatmenit, transportation and triage protocols, including protocols for invasive procedures and infection control; and (c) the use of .regulated medical devices and drugs by emergency medical services personnel certified pursuant top this article. The state emergency medical advisory committee, with the consent of the commissioner, may, issue advisory. guidelines in any of these areas, which shall not have the force and of'law unless adopted as rules and regula- tions by the state emergency medical services council. The state § 3002 —a PUBLIC HEA'LT -W LAW Arty 30 emergency medical advisory committee shall advise the state emur. gency medical services • council prior to the issuance of any guide- lines. The committee shall also review protocols devcloped by re. gional emergency medical advisory cathmittees for consistency. with statewide standards. 2—a. Any decision of the state emergency medic:itl advisory com- mittee regarding medical control; protocols for treutmelht, triage, or transportation, or the use of regulated medical devices fh6y be appealed to the commissioner by. any required regional emergency medical services council, regional emergency medical advisory cont- mittee, ambulance service or advaneed'life support service, or certi- fied first responder, emergency medical technician, or advanced emergency medical technician adversely affected: 3. Each member shall have a term of two years, 'except that live of those first appointed shall have a term of three years. Members may succeed th6m selves. 4. The committee shall meet as frequently as its business may require. The presence of a majority of the members shall constitute a quorum. The members of the committee shall receive no compen- sation for their services as members, but each shall be allowed the necessary and actual expenses incurred in the performance of his - br her duties und' •This section. 5. No civil action shall be brought in any court against any member, officer or .employee of the committee for any act done, failure to act, or statement or opinion made, while discharging his or her . duties as a member, officer, or employee of the committe without leave from a justice of the supreme court, first had and obtained. In no. event shall such member, officer, or employee be liable for darnages in any such action if he or she shall have acted in good faith, with reasonable care and upon probable cause. (Added L.1992, c. 804, § 4; amended L.1993, c. 445, § 2.) Historical and Statutory Notes 1993 Amendments. • Subd. 2-a, Effective Date. Section effeedre ]tile L.1993, c. 445, § 2, eff, July 26, 1993 1, 1993, pursuant to L. 1992, c. 804. § 25. retroactive to ,rely 1, 1993, added subd. 2 -a. Cross References Immunity for good faith actions, sue Education Law § 6527. Nurse licensing, see Education Law § 6900 et seq. Physician licensing, see Education Law-§ 6520 et seq. Regional emergency medical adviso § 3004 -a, tT committee, sec Public Health Lau 4 9MERGENCY MEDICAL SI Art. 30 Rules and regulations; see ExecL: Art § 201 et suci. Supreme court, stw McKinney's Submission or notices and filings eL 5eq. American Digest System Establishment of state and local members, see Health and Encyclopedia Appointment, qualifications, and Environment § IL Creation by state of health ba Environment § 10. wEST1Aw Research Health and environment cases: 1 § 3003, Regional emergene: I. The commissioner, with designate regional emergency i January first, nineteen hundre the number of regional coup councils shall be established o tion as regional councils subm hers of which - are knowledgei medical services. Such appli area to be served and contain membership on such regional .proposed method of operation with the approval of the state 2. Each regional council sh not more than thirty membl commissioner, with the appro tions submitted by local organ the .regional council. Not less the regional councils shall be and the remaining membershil of, but not be limited to, repre medical care committees, pity; ning agencies, fire department health officers and the general established pursuant to sectio § 3003 Liao § 102: Slate Adniinistrutivv proreduiv Art. 6. §§ 6, 7; Judiciar ' Law § 14U et seq. envy rulcniukinb actiun, see 19 NYCRIi 2h0 References boards and appointment and tenure of rent 0-3, Of health oliieers, see C.J.S. Health and and depurtments, see C.J.S. 1-lvalth and key number]. medical services councils to approval of the state council, shall iedical services councils on or before I seventy -eight but in no event shall ils exceed eighteen. Such regional the basis of application for designa- aed by local organizations, the mem- ble in various of emergency :ation shall describe the geographic list of nominees for appointment to councils and a statement as to the in such detail 'as the commissioner, :ouncil, shall prescribe.. Lit be comprised of at least fifteen but rs to be initially appointed by the al of the state council, from nomina- zations applying for establishment as than one -third of the membership of epresentatives of ambulance services of °the regional councils shall consist :entatives of existing Iocal emergency icians, nurses, hospitals, health plan - .mergency and rescue squads, public )ublie. The county EMS coordinator, i two hundred twenty- three -b of the § 3003 PUBLIC HEALTH LAW ,Art. ; 3U officio member of the regional' council; provided; however, nothing In this subdivision shall prevent a county EMS coordinator from serving as a voting member of a regional council. Members of each regional council shall be residents living within the geographic area to be served by the regional council. The presence of a majority of members shall constitute 'a quorum. 3. Each regional council shall have the power to: (a) have a seal and alter the same at pleasure; (b) acquire, lease, hold, and dispose of real and personal property or any. interest therein for its purposes; (c) snake and alter by -taws for its organization and internal man- agement, and rules and regulations governing the exercise of its powers and the fulfillment of its purposes under this article; such rules and regulations must be filed with the secretary of state and the state EMS council; (d) enter into contracts for employment of such officers and em- ployees as it -may require for the performance of its duties; and -to fix and determine their qualifications, duties, and compensation, and to retain and employ such. personnel as may be required for its pur- poses; and private consultants on a contract basis or otherwise, for the rendering of professional or technical services and advice; (e) enter into' contracts, leases, and subleases and to execute all instruments necessary or convenient 'for the conduct of its business, including contracts with the commissioner and any state agency' or municipal entity; and contracts with hospitals and physicians for the purposes of carrying out its powers under this article; (f) undertake or cause to be undertaken. plans, surveys, analyses and studies necessary, convenient or desirable for the effectuation of its purposes and .powers, and to prepare recommendations and reports in regard thereto; (g) fix and collect reasonable fees, rents, and other charges for the use of its equipment and the provision of its services; (h) contract for and to accept•.any gifts or grants, subsidies, or loans of funds or property, or financial or other aid in any form from the federal or state government or any agency or instrumentality thereof; .or from any other source, public or private, and 'to comply, subject to the provisions of this article, with the - terms and conditions thereof; provided. however, that the councils may contract for pay - ment of debt evidenced by bonds or notes or other evidence .of indebtedness, either directly or through a lease purchase agreement; EMERGENCY MEDICAL SI vUt. 30 0) recommend to the dep sponsors within its region, a. :ment annually an EMS trainir region; a) enter into contracts or regional councils to provide ner; and to enter into contrac EMS program agency to care under this article; (k) procure insurance agai with the use, management, m ment and facilities, in such reasonably deems necessary; (1) approve regional medic §.3003 - .tment approval of training Courser to develop, promulgate and imple- plan which addresses the needs of its memoranda of agreement with .other rvices in a joint or cooperative man- s or memoranda of agreement with an out one or more of its responsibilities any loss or liability in Connection enance, and operation of its equip. unts and from such insurers us it advisory committee nominees; (m) provide focused tec'hn cal assistance and support to those voluntary ambulance services operating under exemptions, to assist such services in progressing toward the uniform standards estab- lished pursuant to this sectia . Such assistance and support shall include, but not be limited w, volunteer recruitment and manage- ment training; and (n) do all things necessary, convenient and desirable to carry out its purposes and. for the exercise of the powers granted in this article. 4, Each regional, council. nate emergency medical servi ing but not limited to, the technician courses and the i� technician insignia and certif 5. The regional council ; determinations of public nel , emergency medical services a determinations of public neec eight. The regional council affirmative vote of a majoriti voting members. 5 —a. -The regional emerge rued to grant. an exemption section three thousand five -a service operating solely with medical technicians which. h meet the standards and is un -factors. deemed appropriate I shall be for arnt-HnA not tr% Pv hall have the responsibility to coordi- :es programs within its region, includ- establishment of emergency medical uance of uniform emergency medical tall have the responsibility to make I for the establishment of additional d ambulance services and to make the as provided in section three-thousand hall make such determination by an of all of those members consisting of icy medical services council is autho- rom the staffing standards set forth in if this article to a voluntary ambulance enrolled members or paid emergency Is demonstrated a good faith effort to hie .to meet such standards because of y .the regional council. An exemption , mart *." . .+ __.1 ..1--11 L._ . - . ,... § 3003 PUBLIC HEALT -H' LAW Art. 30 on the participation by the voluntary service in a program to achieve compliance which shall .include technical assistance and support from the regional council tailored to the needs and resources at the local level, as provided by paragraph (m) of subdivision three of this section, to be funded by the New York state emergency. medical services training account established pursuant to section ninety - seven-q of the state finance law; such account as funded by a chapter of the laws of nineteen hundred ninety - three. Nothing shall prevent the regional Council from issuing. subsequent exemptions. Such exemptions shall have no effect whatsoever on the insurability of the organization. receiving such exemption and such exemption shall not be used as a basis for increasing insurance rates or premiums related thereto, notwithstanding any other provision of law, rule, regulation, or commissioner's ruling or advisory to the contrary. Prior to issuing an exemption, the regional council shall provide written notice by certified mail to the chief executive officers of all .general hospitals and municipalities in the county or counties within which the service requesting an exemption operates. Such notice shall provide opportunity for comment on the issuance of the exemption. Notice of the determination of the regional council shall be provided within ten days of the determination to the applicant, the depart- ment, and any party receiving notification of the application who requests notice of the determination. The applicant, the department, or any concerned party may appeal the determination of the regional council to the state council within thirty days after the regional council makes its determination. 6. The term of office of members of the regional council shall be four years, except that of those members first appointed, at least one - half but not more than two - thirds shall be for terms not to exceed two years. 7. Each regional council shall meet as frequently as its business may require. 8. The commissioner, upon request of the regional council, may designate an officer or employee of the department to act as secre- tary of the regional council, and may assign from time to time such other employees as the regional council may require. 9. No civil action shall be brought in any court against any member, officer or employee of any designated regional council for any act done., failure to act, or statement or opinion made, while discharging his duties as a member, officer or employee of the regional counci[,.without leave from a justice of the supreme 'court, first had and obtained, - In any event such member, officer or employee shall not be liable for damages in any such action if he EMERGENCY MEDICAL SERVICES § 3003 Art. 30 shall have acted in good £ ith, with reasonable care and upon probable cause. 10. (a) The department s all provide each regional council with the funds necessary to enable such regional council to carry out its responsibilities as mandated inder section within amounts ap- propriated therefor. (b) Such funds shall be pro ided upon approval by the department of an application submitted y a regional council. The application shall contain such information and be in such form as the commis- sioner shall require pursuant to rules and regulations which he shall promulgate after consultation with the state council in order to effect the purposes and provisions of this subdivision. (Added L.1974, c. 1053, § 2; arrended L.1974, c. 1054, § 2; L.1981, c. 252, § 4; L.1981, c. 101,6, § 1; L.19 2, c. 804,. §§ 5 to 8; L.1993, e. 445, § 3.) and Statutory Notes 1993 Amendments, Subd. 2. L. 993, c. 445, § 3, eff. July 26, 1993 mtro Live to July 1, 1993, included nurses as 1 ILM- bers of regional councils and substi u►ed the presence of a majority of the i iem. bers for the presence of a majority f the members appointed to constitute a quo- rum. Subd. S. L. 1993, C. 445, § 3, eff Jul'N- 26, 1993 retroactive to July 1, 1993 pro- vided for determinations of the rel ional council to be made by an affirmativ vote of a majority of voting members. 1992 Amendments. Subd. 2. L.1992, c. 804, § 5, eff. July 1, 1993, added rovi- sion for service as an ex officio m tuber by the county EMS coordinator. Subd. 3, L.1992, c. 804, § 6, efl. July 1, 1993, added Subd. 3 and bmitte for- Applications for determinatia Appropriations process, see N Law § 40 et seq. Counties, see Consolidators' n Emergency medical services EMS training and mutual aid Immunity for council member Official seal, see Public Office Rules and regulations, see Ex Act § 201 ei seq. Secretary of state. see Execut ever Subd. 3 which required ru8.iunul councils to adopt by -laws providing for rotation and selection of new members as well as other standards the state may require. Subd. 5 -a. L.1992, c. 804, $ 7, c['1; hily 1, 1993, added Subd. 5 -a. Subd. 10, par. (a). L. 1992. c. 804, § S. eff. July 1, 1993, deleted S5,000 limitation on annual appropriation for operating ex. pe nscs. Effective Date. Section effective Apr. 1, 1975 pursuant to L.1974, c. 1053, § Z, as amended by L.1974, c. 1054, § 7. Former § 3003. Section, added L.1966, c. 949, §' 1, relating to issuance of permits for ambulance scrvice, tvm repealed by L.1974, c. 1053, § I. References of public need, see Publlc Health Law 9 3008 Kinney's C'onsL. Art. 7, §§ 1 to 7; State Pinunc{ rs on State Law, fining account, see State Finance Law § 97 -q ogram, set: County Law § 223 -b. see Education Law § 6527. Law § 60. hive Law § 102; Staet Administrative ProcudLW Law ti 90 ,.1 .,.n §.3003 PUBLIC HEALTH' L-i Art. Staffing standurds fur untbulanve and advanced life xuplxjrt ffrsL respultse selvic. es. lice Public Realih Law § 3005 -u. Stale emet'tzenc y medical -cervices (nmS) LYntncEl, _ee Public Flctlltit Lau' § 3002,,.: Supreme court, seL' ML'Ivi11111'V Consl. Art. 6, q§ 6. 7: Judiciary Law § 140 et sey_ New York Codes, Rules and Regulations Submission of notiecs and filings In agency rulemuking uetiun, %4 :e 19 NYCkK 2ou el seq. Library References American Digest system Establishment of state and local heallh boatels and appointment and tenum uf' membcrec, titre fieulth and Environment [- -3. Encyclopedia Appointment, qualifications, and tenure of health officers, see CJ.S. Health and Environment § 11, CrLatfon by state of 'health boards and departmtmtti, see C.J.S- Health .und Environment § 10, WESTLAW Research Health and environment cases: 199k(add key number). § 3 003 — a. EMS program agencies I. As provided by agreement with the commissioner or regional councils based on needs - identified by the regional emergency medi- cal services councils, an EMS program agency may be responsible for facilitating quality improvement of emergency medical care with- in its region, staffing the regional emergency medical advisory com- mittees provided for in section three thousand four -a of this article, providing prehospital education programs approved by the depart- ment, and other activities to support and facilitate regional emergen- cy medical services systems. 2. The programs developed by the agencies established by subdi- vision one of this shall be implemented beginning in nineteen hundred ninety -three using funds collected by the New York state emergency medical services training ,account, established within the miscellaneous special revenue Fund ---339 by section ninety - seven -q of the state finance law. 3. The, portion of the funds collected by the emergency medical services training New York state account, established' and allocated within the miscellaneous special revenue fund --339 by section nine- ty- seven -q of the state finance law, shall be adequate to support the costs incurred in implementing the programs described in subdivi- sion 'one of this section. (Added L.1992, c. 804, § 10.) •lirMERGENCY 'MEDICAL SE 8f..t..30 Historical Efl'eetive Mute. Scctfan eflOctrve 1, 1993, ptuxuant to L. 1992, c. 804. § State emergency medical services American Digest System Authority and duties of state and (3=6. Encyclopedia Powers and duties of health boa and Environment § 13. WESTIAW Research Health and environment cases: l Statutory Notes References § 3004 ng account, scu Stun: Finunce Law § 97 -4- References heulth boards, sec Hculth and Environment departments, and officers, sce C.J.S. Health key number). § 3004. Voluntary ambulance service and municipal ambulance service registration [Eff, until Jan. 1, 2000.1, 1. No voluntary ambulance service or municipal ambulance ser- vice shall operate" on or after the first day of September, nineteen hundred seventy -five unless it ossesses a valid voluntary ambulance service statement of registrati n or valid municipal ambulance ser- vice statement of registration i sued pursuant to this article. 2. The department shall i ue a statement of registration to a voluntary ambulance service r to a municipal ambulance service upon its compliance with sect' n three thousand nine. 3. A voluntary ambulance service commencing operatioi seventy -five shall obtain approi or if there is no appropriate re ambulance service or a munic approval Erom the state count lishment of additional emerge tion three thousand eight pri registration, service or a municipal ambulance after April first, nineteen hundred d of the appropriate regional council, Tonal, council established, a voluntary )al ambulance service shall apply for l as to the public need for the estab- Zy medical services pursuant to see- r to the issuance of a statement of 4. Applications for a state ent of registration shall be made by the responsible official of a vol ntary ambulance service or a munici- pal ambulance service upon I forms provided by the department. § 3004 PUBLIC HEALTH LAW ' Art. $0 S. This section shall not apply to municipal ambulance services of a city of over one million population. Such umbulance •services ~hull be subject to the provisions of section three thousand five. (Added L.1974. c-10-53. 2; amended L . 1974, c. 1054, § 3.) Historical and five D%. SOWLIoon tbL.L.t 92, 804, § 9; eff. Jan. 1, 2000, contingg upon the enactment of a cha of the laws of 1993 which provides tfiut 1...1992, C_ 50 4, § 9 shall ticks effet:t and appropri ates funds or p1'o% a drZa soutYC of funding fur emcrgene�• medical wrn•ie- es training and administi•ation, pursuant to L.1992, 0,804, § 25, Set uttt as a note under § 3005 -u. Statutory Notes Efiecaw' Date. Section Apr, 1. 1975 ptfrsuunt to L.i974, c. Itli3. § as umended b y L.1974, c. 1054, 4 7, Former § 3004. Sectiun. added L. 1966. c. 949, § I. relating w duties atui poivers or the depunment With regard to umbulance service, Was . repealed by L. 1974, c. 1053, § 1. Cross References Ambulance seivie, cc,., ,U"Watcs, see Public Health Late § 3005. Applications for detcrminalions of public need, see Public Health Law § 3008, Continuation of existing services, see Public Health Law 5 3009. immunity for good faith uctions, see Education Law § 6.527. Supreme court, see Mi:Kinney's Const. Art. 6, §§ 6, 7; Judiciary Luty § 140 ct seq, Library References American Digest System Physicians and other heahh - car e providers; rergistradon, cul silicate, or license in general, see Physicians and Surgeons o"+5(t). Encyclopedia Physicians and Other health -care providers; license, cerlifieale, or regi,ttxttiun in ealth -Cure Providers general. sec C.J.S. Physicians. Surgeons, and other H § I r et se , WESTLAW Research Physicians and surgeons cases: 299kjadd kcv numbcrj. Notes of Decisions Necessity of statement of registration 1 quir'ed to obtain an ambulance service "� 51atc�t1cnt of r pursuant to thix I. Necessity of statement Of re istratian suQOn. 1975' .Op.Attv.Gen. lima Mar 13: A firer department. rescue squad provid- ing volunteer ambulance service is re. §• 3004 —a. Regional emergency medical advisory comm L Regional emergency medical advisory committees. shall devt:l- op policies, procedures, and triage, treatment, and transportation EMERGENCY MEDICAL SE CES § 3004 —a Art. 30 protocols, which are consistent ith the standards of the state utter - gency medical advisory committee and which address specific local! conditions. Regional emerggncy medieval advisory committees may also approve physicians to provide on line medical control, coordi- nate the development of regional medical control systems, and par- ticipate: in quality improverner t activities addressing system - wide: concerns. Hospitals and preho•pital medical care services shall be authorized to release -patient ou come information to regional emer- gency medical advisory commiti t:s for purposes of assessing prehos- pital care concerns. Regional uality improvement programs shall be presumed to be an extension of the quality improvement program -set forth in 'section three thousand six of this article, and the provi- sions of subdivisions two and th ee'of such section three thousand six shall apply to such programs. 2. The committee shall nominate to the commissioner a physician with demonstrated knowledge nd experience in emergency medical services to serve on the state a ergency medical advisory committee. 3. No civil action shall b member, officer or employee failure. to act, ar statement or c her duties as a member, off without leave from a justice obtained. In no event shall s liable for damages in any such good faith, with reasonable ca brought in any court against any ►f the committee for any act done, inion made, while discharging his or er, or employee of the committee, f the supreme court, first had and ch member, officer, or employee be action if he or she shall acted in and upon probable cause. 4. Any decision of a regional emergency medical advisory com- mittee regarding provision of a level of care, including. staffing requirements, may be appealed to the state emergency medical advisory committee byany regional EMS council, ambulance service, advanced life support service, certified first responder, emergency medical technician, or advanced emergency medical technician ad- versely. affected. No action sh ill be taken to implement a decision regarding existing levels of car ter staffing while an appeal of such decision is pending. Any decision of the state emergency medical advisory committee may be ap ealed pursuant to subdivision two - a of section three thousand two of this article. (Added L.1992, c. 804, § 10; L, l Historical 1993 Amepdmepts, Subd. 4. L,1 U. 445 § 4,_t*ff, July ;6, retina c. 445, § 4,) I Statutory Notes Effective Date. Section effcrtiVC Ju1r ' I. 1993. naerciannr In t too') .. on.t 9 1- § 3004 -a t• ;, PUBLIC HEALTH LrA1l�± 1 Art. '30 Library References. I. American Digest System Establishment of Ktute and local health boards and appointment and tenure of membem. wt and Environment C-3. Encyclopedia Appointment, quulilications, and tenure of health office, see C.J.S. Health and Environment § 11. Creation by state or health boards and depanments, see C.].S. Health and Environment § lo. WESTI.AW Research Health and environment cases: 199k[add key number]. Notes of Decisions Preemption 1 iron of - emergency medical services, u county may not adopt a local law which would establish an emergencv medical I. Preemption services coordinator and advisory board to coordinate activities of volunteer am- Since the legislature has evinced an bulance corps within the county. Op. intent to preempt in the area of regula- State Compt, 87_55. 4 § 3005. Ambulance service certificates I 1. No ambulance service operating for profit, hospital ambulance service or municipal ambulance service of a city'of over one million Population shall Operate on or after September first, nineteen hun- dred seventy -Five unless it possesses a valid ambulance service certifi- cate issued pursuant to this article. Effective January first, nineteen hundred ninety. seven, no ambulance service shall be operated unless it possesses a valid ambulance service operating certificate issued pursuant to this article or has been issued a statement of registration. No advanced life support first response service shall operate unless it possesses a valid advanced life support first responder service operat- ing certificate, Effective January first, two thousand, no ambulance service shall be operated unless it possesses a valid operating certifi- cate. 2. The department shall issue an initial certificate to an ambu- lance service, certified prior to the a €feclive date of this section upon submission_ of proof that it is the holder of a valid ambulance service certificate and is otherwise in .compliance with provisions of .section three thousand nine of this article. . Prior to January first, two' thousand, the department shall issue an initial certificate to a registered ambulance service in posses- sion of a valid registration provided that such service has been issued" :!EMERGENCY MEDICAL SERV 'Art.- °30 an exemption issued by a region five -a of section three thousand t 3. The department shall issue life support first response service hdvanced life support first respon accordance with rules and reguli article and is otherwise in corn three thousand nine of this antic § 30'05 I council pursuant to subdivision ree of this article. n initial certificate. to an advanced pon submission of proof that such service is staffed and equipped in ions promulgated pursuant to this fiance with provisions of section 4. A certificate issued to an a bulance service or advanced life support first response service shall be valid for two years. The initial certification fee shall be one hundred dollars. Thereafter the bienni- al fee shall be in accordance with the schedule of fees established by the commissioner pursuant to thi • article. However, there shall be lto initial or renewal certification fee required of a voluntary ambu- lance service or voluntary advanced life support first response ser- vice. 5. No initial certificate (exce to subdivision two of this sectioi sioner finds that the proposed i and fit to operate the service advanced life support first respo accordance with rules and regu article. initial certificates issued pursuant shall be issued unless the commis- erator or operators, are competent td that the ambulance service or e service is staffed and equipped in Lions promulgated pursuant to this 6. No ambulance service or a vanced life support first response service shall begin operation without prior approval of the appropri• ate regional council, or if there is no appropriate regional council established such ambulance se ice or advanced life support first respotse service shall apply for a proval from the state council as to the public need for the establishir ant of additional ambulance service or advanced life support first re ponse service, pursuant to section three thousand eight of this artic e. 7. Applications for a certificat shall be made by the owner of an ambulance service or advanced life support first response service operating for profit or the responsible official of a voluntary ambu- ' lance service or advanced life support first response service upon forms provided by the departme t. The application shall state the name and address 'of the owner and such other information as the department may require pursuant to rules and regulations. 8. For purposes of this article, competent means that any pro posed operator of any ambulance service or advanced life support first response service who is already or had been withip the last ten years an incorporator, director, sponsor. principal stockholder. ur § 300.5 PUBLIC HEALTH I:A,1N.', Art. -30 operator of any ambulance service, hospital, private prpprietar. home for adults, residence for adults, or non - profit home for the ugcil or blind. which has been issued an operating certificate; by the state department of social services, or a halfway house, hostel, or other residential Facility or institution For the care, custody, or treatment of the .mentally disabled subject to the approval by the depai-tme.nt of mental hygiene, or any invalid coach :service subject to approval by the department of transportation, is rendering or did render a sub- stantially consistent high level of care., For purposes of this subdivi- sion, the state emergency medical services council shall adopt rules and regulations,' subject to the .approval of the commissioner, - to establish the criteria to be used to define substantially consistent - high level' of care with respect to ambulance services, advanced life i support first response services, and invalid coaches, except that the commissioner may not find that a consistently high level of care has been rendered where there 'have been violations of thL state EM'S i code, or other applicable rules and regulations, that (i) threatened to directly affect the health, safety, or welfare of any patient, and (ii) ' were recurrent or were not promptly corrected. For purposes of this article, the rules adopted by the state hospital review and planning f• - council with respect to subdivision three of section twenty -eight hundred one -a of this chapter shall apply to other types of operators. Fit means that the operator or proposed operator (a) has not been convicted of a crime or pleaded nolo contendere to a felony charge involving murder, manslaughter assault, sexual abuse, theft, robbery, fA. fraud, embezzlement, drug abuse, or sale of drugs and (b) is not or was not subject to a state or federal administrative order relating to fraud or embezzlement, unless the commissioner finds that such conviction or such order does not demonstrate a present risk or danger to patients or the public, (Added L.1974, c. 1053, § 2; amended L.1974. c, 1054, § 4; L.1992, r. 804, § 11, L.1993, c. 445, § 5.) Historical and Statutory Notes 1993 Amendment& Subd. 5. L.1993, c. 445, § 5, eff. July 26„ 1993 retroactive to July 1, 1993, deleted reference to re- newal certificates and designated a por- tion of existing provisions as Subd. 8, f� Subd, 8. L. 1993, c. 445, § 5, eff. July 26, 1993 retroactive to July 1, 1993, add- ed Subd. 8. 1992 Amendments. Catchline. L.1992, c, 804, § 11, cff, July 1, 1993, deleted ' ; services operating for profit, hospital ambulance services, municipal ambulance services of a city of over one milliora population'% Subd. 1. L.1992, c. 804, § 11, eff. Julv 1, 1993, required ambulance services ter have an ambulance service operating cer. lificate or a statement of registration after Jan. 1, 1997, and an operating ccrtilicale after Jan t, 2000; and required ad. vanLed life' suppor first N'SpOn3e SL'1Ylees to have an advanced life support first response service operating ceriliit.•ute. � EMERGENCY MEDICAL - SERVI 4rt. 30 Subd. 2. L. 1992, c. 804, i§ 11, eff, Jul ► I, 1993, substitut d.provi;sion. ror is%uing an initial certificate to an ambulance ser•- :olLe.certificd prior to the eff. date of this section for provision-for Issuing such cer. °11ficale to an ambulance service operating for profit. .. Subd. 2-a, !„1092, c,. 804, § 11, eff. .,July 1, 1993, •addeti Subd. 2 -a. Subd. 3.. L.1992, c. 804, § 11, eff: July 1, 1993, substituted references to ad- vanced life support first response service for references to ambulance services. Subd. 4. L.1992, c. 804, § 11, eff. July - 1. 1993, substituted references to ad vaned life support first response service for references to for profit, hospital or .municipal ambulance services, and in- cluded voluntary ambulance services. . Subd. 5. L.1992, c. 804, § 11, eff. July 1, 1993, included advanced life support first response services, and added provi. sions relating to the competence and fit- ness of proposed operators and rules and § 3005 it R 1utions establishing criteria regard- In theiviu. ubd. 6. L.1992, c. 804, § 11. el'f. July I, 1993, substituted I C! to ad. vu wed life s u pport fi rst respome service fa - references to for profit, hospital or municipal ambulance services. ubd. 7. L.1992. c.804, § 11, off. July I, 1993, insetted reference to advanced lit: support first response service op er at- in g for prom, and substituted reference to v luntary ambulance service or udvuncvd ]I( support rir-at response service for ref- er ince io municipal ambulance serviev ul' a City of over one million population. Effective (Date, Section effective Apr. I. 1975 pursuant to L.1974, c. 10.93, § 5, at amended by L.1974 e. 1054, § 7. Former § 3005. Section, added L 1966, c. 949, § 1, relating to .enforce. cnt or provisions regarding ambulance st rvice, was repealed by L, 1974. c. 1053, § 1. Cross Refe1 Applications for determinations of public Assault, see Penal Law § 120.00 ct seq. Conlinualion of existing services, sec Put Controlled substance -and marihuanu oil t:t Imes involving fraud, see Penal Law § Department of mental hygiene, see Mend Department of social services, see Social Department of transportation, see Transl Establishment or incorporation of hosp Exemptions for certain voluntary ambu § 3003(5• -a). Felony defined, see' Penal Law § 10,00(5 Larceny, robbery, embezzlement and thef Manslaughter, see Penal Law § 125.12 t: Mental disability defined, see Mental Hy Murder, see Penal Law § 125.25 at seq, Rules and regulations, see Executive Lai Act § 201 at seq. Sexual abuse, see Penal Law § 130.55 e need, see Public Health Law § 3008. e Health Law § 3009. zses, see Penal Law § 220.00 et seq. 70.00 ct seq. Hygiene Law § 5.01 ei seq. icrvices Law § 5 at seq. rtafion Law § 10 at seq. rls, see Public Health Law § 2801 -u. tnce services, sere Public Health La%v offenses, see Penal Luw § 155,00 et seq. seq. lene Law § 1.03(3), § 102; Stare Administrative Procedure seq. New York Codes, Certified ambulance service, see ge Stibmisxion or notices and filings in et seq. and Regulations , 10 NYCRR 800.21 et Neq. rLdemaking action, sce 19 NYCRR 260 § 3005 PUBLIC HEALTHL L Library References A.t•t: Atnerlean Digest System Physicians and other health -cart Providers, rrgistrrtion, certificate, or' liccnx. general. see Physicians and Surgeons a'5(1). Encyclopedia Physicians and other health -cart provider-,; license, cerll f(catr, or rcgisu aliuq gcncr sec C.].S. Physicians. Surgeons, and Other Health -.Care Prut•id 1 I el seq. - .� WESTLAW istesearch Physicians and surgeons cases; 299k[add kuv number). 3 l Notes of Declsions btaiial of application 1 Pori findings and conclusions of Admi i�leceasity of certificate 2 trative Law Judge who rCcommcn that license application be granted, Try I. Denial ofaFpliratlon Starr Atvrbulance Service, Inc, v. Siam Dept. of Health, 1985. 1 14 A.D.2d t6 - Determination of Emergency Medical 49 4 N.Y.S.2d 161. Services Council den y in Petitioner's ; pl4cation far license to Provider of ambulance services in state 2 �A fi(ee N ecessi ty of squad is noc did not violate P right to due p Process or equal project[ required to obtain an ambulance services , even though certificate pursuant to this section. 1975;: evidence in. record was Sufficient to sup. Op.Attv.Gcn. (Inf.) May 13. § 3005 —a. Staffing standards; ambulance services and advanced`. life .support first response services (For contingent,' eff date, see note- below,) I. The following staffing standards shall be in effect unless other- wise provided by this section; (a) effective January first, nineteen hundred ninety-seven the mini. mum staffing standard' for a registered ambulance service shall be a certified first responder with the patient; . (b) effective January first, two thousand, the minimum s- taff ng standard 'far a voluntary ambulance service shall be an emergency medical technician with the patient; (c)- the minlinum staffing standa for. all other ambulance services shall be an emergency - medical technician with the patient; and (d) the minimum standard for an advanced life support first response service shall be an advanced emergency medical tech. nician with the patient. Circumstances permitting other than ad- V aned life support care by an advanced life support first response service may be established by rule by the state council subject to the approval of the Commissioner. MEDICAL t: 30 2. Any service granted an e; irsuant to. subdivision Five -a of: ticle shall be subject to the star 3. Notwithstanding any other ie date of the standards establis r. one year for each fiscal year, F which the amounts appropriai ive been expended pursuant ti ,ven -q of the state finance law. .d&d L. 1992, c. 804, § 12; amend Historical and 1993 Amendments, Subd. 1, par. (d). ;.'1993, c. 445, § 6, eff. July 26, 1993 `retroactive to July I, 1993, permitted by rule by the State council, subject to com- missioner's approval, the establishment of staffing standards other than advanced life support care by an advanced life sup• Port first response service. Contingent Effective -Date. L.1992, c, 804, § 25, provided: "This act 1L.1992, c. 8041 shall take effect July 1, 1993; pro• vided, however, that section nine of thi; act (repealing § 30041 shall take effec January 1,, 2000; and provided, further that sections nine and twelve [adding thi! section] of this act shall only take effec pursuant to a chapter of the laws of 199! Cross Appropriations process, see McKinr Law § 4 0 et seq. Exemptions for certain voluntary i § 3003(5 -,a). Fiscal year defined, see Siate Finan New York stale emergency medical Law § 97..q. American Dlgeat System Qualifications for and conduct of ment 4=3 t. Encyclopedia Health regulations; conduct of bl C.J.S. Mmilth and Fnvirnn § 3005 —a mption by the regional council ;;tlon three thousand three of this ands and terms of the exemption. rovision of this article, the effec- �d by this section shall be delayed or to January first, two thousand, I are less than that which would the provisions of section ninety- L, 1993, c. 445, 9 6.) Statutory Notes which: (a) provides that such sections Shall take effect; and (b) uppropriares funds or provides a dcdicuted source of funding for emergency medical serti9ccs training and administt•ation. The cum• missioner of health shall nolifV the legis• lative bill drafting commission upon the enactment of a dedicated source of fund- ing or an appropriation for emergency medical services training and administra- tion, in order that the commission may maintain an. accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of alTucting the provisions of section 44 of the legislative law and section 70 -b of the public officers law." Const. Art, 7, §§ 1 to 7; State Finance services, see Public Health Law Law § 3. rylees training account, sec State Finunec References or business, sec Health and Envivon• s or occupations affecting public health, Sec t; 17 ..r .,,.,, § PUBLIC HEALTIJ;,' 4. II I l le r. ERGENCY MEDICAL SERVICES § 3006 wESTE.Aw Research �. The information required tiding informution from the hich identifies an individual sl released except to the depa i usand four - -of this article. •3. Notwithstanding any o*. prds, documentation, or cot irsuant to this section shall be 'he public officers law or anti ai:i' rules, except as hereinafter - ovision of law. No person in atnmittee shall be required to ne prohibition related to disci ie statements made by any pei ho is a party to an action or :viewed at- the meeting, The Dn from the prehospital care tformation which does not id( r individual. be collected and maintained, in- :hospital care reporting system be kept confidential and shall not ent or pursuant to section three Health and environment casex; 199k[add key nuntberl § 3 006. Quality improvement program I. By January first, nineteen hundred ninety- seven, every a lance service and advanced' life support first response service s - establish or participate in a quality improvement program, w shall be an ongoing system to monitor and evaluate the quality- appropriateness of the rhedical care provided by the ambula service or advanced life support first response service, and wh shall pursue opportunities to improve patient care and to reso' identified problems. The qualit improvement program may r conducted independently or in collaboration with other servi . ces, the appropriate regional council, with an EMS program ag a hospital; or with another appropriate organization approved b department. Such program shall include a committee of at least fi ' members, at least three of whom do not participate in the pravisi of care by the service. At least one member shall be a ;physician, a the others shall be nurses, or emergency medical technicians, advanced emergency medical technicians, or other ua appropriate qualified allied health personnel. The quality ti q y improvement comrrCt tee shall have the following responsibilities: (a} to review the care rendered by the service, as documentedx prehospital care reports and other materials. 'The committee shad have the authority to use such information to review and to recoil mend to the governing body changes in administrative policies anal procedures, as may be necessary, and shall notify the governing bodj, of significant deficiencies; (b) to periodically review the credentials and performance of persons providing emergency medical care on behalf of the .service (c) to periodically review information concerning compliance: witli standard of care procedures and protocols,.. grievances filed with the service by patients or their families, and the occurrence of incidents injurious or potentially injurious to patients. A quality improvement program shall also include particiRation in the department's prehos- pital care reporting system and the provision of continuing education programs to address in which compliance with procedures and protocols is most deficient and to inform personnel of changes in procedures and protocols. Continuing education programs may be provided by the service. itself or by other organizations; and (d) to present data to the regional medical advisory committee and to participate in system -wide evaluation. .provisions of law, none of the ittee actions or records required eject to disclosure under article six thirty -one of the civil practice law wided or as provided in any other cridance at a meeting of any such tify as to what transpired thvreiat. re of testimony shall not apply to i in attendance at such a meeting needing the subject of which was 6ibition of disclosure of informa- :)orting system shall not apply to fy a particular ambulance service 4. Any person who in good faith and without malice provides formation to further the purpose of this section or who, in good 'ith and without malice, partici ates on the quality improvement immittee shall not be subject to any action for civil damages or her relief as a result of such ac ivity.. dded L.1992, c. 804, § 13; L. 1993.1 c. 445, § 7,) Historical and 1993 Amendments. Subd. I. L.1993, 445, § 7, off. July.26, 1993 retroactive July 1, 1993, required advance Ilfe pporL 11!31 response services 'lo estab- ,hh or participate in quality improvement Subd, 4. L.1993, c. 445, § 7, erf. Julyy K 1993 rvlroactive to.July 1, 1993, add - 4 subd, 4. .Effectivo Date. Section effective July V. 1993, pur3uant to L.1992, c. 804, § 25. Cross I Disclosure, see CPLR 3101 et seq. Fivedom of information law, se4 Pul Nurse licensing, see Education Law Personal privacy protection law, bee Physie:ian licensing, see Education L Release of information to mglonal c Public Health Low § 3004-a., .atutory Notes Fortner § 3006. A former _§ 3006, added L.1974, c. 1053, § 2; untended L.1979, C. 473, § 2; and repealed b' L.1992, c. 804, § 13, slated to ambu• lance curtificates for voluntary and mu- nicipal ambulance services. A prior § 3006, added L. 1966 c. 949, 4 1, prescribing penaltic t for operation of •rmbulunce without permit was repeuled by L.1974, e.. 1053, § 1. is Officers Law § 84 ct seq. 6900 et seq, 'ublie Officers Luw § 91 et seq. ,v § 6520 et seq. iergencr medical advisujy cummalees, see § 3006 Library ' References PUBLIC HEALTR La Art. Amerteart Digest System Physicians and other health - cute providers; registration, certificate, or license general, see Physicians and 'Surgeons 0- 50). ' Qualifications for and conduct of occupation or business, Stec Health and Fnviroo meet C-31. Encyclopedia Health regulations; conduct of business or occupations affecting public health, s`,� O.S. Health and Environment § 37 et seq. Physicians and other health -care providers; license, certifica'ie, or regisuvtiun ire. general, see U.S. Physicians, Surgeons, and Other Health -Cara Providk4i § 1 l ct seq. WESYLAW Research Health and environment cases: 199k[udd key number]. Physicians and surgeons cases: 299k[add key number]. § 3007. Notice of alternative destination In any city having a population of one million or more, whenever-'_, an individual is transported by ambulance from one facility to ' second facility and the destination is changed, it shall be the respon- sibility of the senior ambulance dispatcher to. inform the facility 4 origin by telephone of the ultimate destination immediately uptii arrival thereat. (Added L.1989, c. 123, § 1.) .n: Historical. and Statutory Notes Effective Date. Section effective July 1954, § 5, relating to invalid coach s 2, 1989, pursuant to L.1989, c. 123, § 2. vice, was. repealed by L.1981, c. 252, s Former 9 3007. Section, added L.1974, c. 1053, § 2; amended L.1974, c. § 3008. Applications for determinations of public need 1. Every application for a determination of public need shall be made in writing to the appropriate regional council, shall specify th - primary territory within which the applicant requests to operate, ' verified tinder oath, and shall be in such form and contain. shalt; information as required by the rules and regulations promulgat4 pursuant to this article. 2. Notice of the application shall be forwarded -by registered oir certified mail by the appropriate regional council to the chief execuP, tive officers of all general hospitals, ambulance services, and munic palities operating within the same county or counties where ' the services seeks' to operate. The notice shall provide opportunity fob comment. MEDICAL M. 30 3.. Notice pursttitnt • to this sec itnbulance service and municipal �riate regional or state council - b; - 4. The appropriate regional stake its determination of public ?'f the application. 5. The applicant or any conce Ration of the appropriate regions ihirty days after the regional cou § 3008 m shall be .dcumed filed with the r upon being mailed by the appro- registered or certified mail. runcil or the state council shall ac:d within sixty days after receipt led party may appeal the d etermi- council to the state council within cil makes its determination. 6. In the case of an applicdtio for certification under this urLicle by a municipal ambulance service to serve the urea within the municipality, and the municipal ambulance service meets apprupri- ate training, staffing and equipment standards, there should be a p resumption in favor of approving �?.. p pp g the application. tdded L. 1974, c, 1053, § 2; amend •d L.1981, c. 252, § 6: L..1992, c. 804, 14: L. 1992, c. 850, § 1.) So In original. Probably should read "seek ". Historical and 1992 Amendments, Subd. 1. L,1992, 804. § 14, eff. July 1, 1993, required e application to specify the primary Lee. :ory within which the applicant requvmt operate. Subd. 2. L.1992, c. 804, § 14, aff. Jul.) .1993, substituted requirement that no , ,e be.giverk to the chief executive offs n of general hospitals, ambulance ser ces, and municipalities operating within ie counties where the applicant seeks U Berate, with opportunity to comment w requirement that notice be given * to Statutory Notes ambulance services within the region and to municipalities within or adjoining the region. Subd. 6, L.1992, c. 850, § 1, ell'. Nov. 17, 1992,'added Subd. 6. Effective Date. Section effective Apr, I, 1975 pursuant to L.1974, c. IM. § i, as amended by L.1974, c. 1054, § 7. Former § 3008. Section, added 1..1966, c. 949, § 1, relating to suparabili. ty of provisions of former article 30, %va., repealed by L.1974, c. 1053. § 1. Library lReferences uterican Digest System Qualifications for and conduct of mem. 0 or business, sac Health and Environ- Health regulations; conduct of •C.J.S. Health and Envin 9MI14W Research Health and environment cases: l s or occupations alfectfng public ht:alth, sec § 37 et seq. key nurmbur]. § 3009 PUBILIC HEALTH 3009; Continuation of existing services 1. Notwithstanding the provisions of sections three thousand fauF and three 'thousand five of this article, if any ambulance service or •" predecessor in- interest was in bona fide operation as an ambulancca service on April first, niheteeen hundred seventy-five, within .t11' territory for which application for an ambulance service certificates'" voluntary ambulance service statement of registration' is made pursii= ant to any provisions of this article, and has so operated since that time, the department shall issue such certificate or statement o registration . withaut .requiring proof that there is a public need for such ambulance, service and without furtheY proceedings, provided; application for such certificate or statement of registration is submit -- ted to the department in accordance with this article prior to Sep K tember first, nineteen hundred seventy - five. Pending the dete~rmina:':a tion .of any such application the continuance of such operation shall,', be lawful. In all other cases the application shall be - decided IM"I accordance with the procedures provided for in section three thou ':'.. sand four or three thousand five of this article and such application.... ' shall be approved or denied accordingly. An application pursuant to this section shall be deemed filed with the department upon being mailed to the department by registered or certified mail. 2. Notwithstanding the provisions of section three thousand five of this article, if any advanced life support first response service or a predecessor in interest was in bona fide operation as an advanced life support first response service at the intermediate, critical care, or paramedic level on January first, nineteen hundred ninety-three, within the territory for which application for a certificate is made. „ . pursuant to any provisions of this article, and has so operated since that tithe; the department shall issue such certificate without requir- ing that there is a public need for such service and without further - proceedings, provided application for such certificate or statement of ' registration is submitted to the department in accordance with this article prior to January first, nineteen hundred ninety -four, Notwith- standing the provisions of section three thousand five of this article, if any advanced life support first response service or a predecessor in interest was in bona fide operation as an advanced life support First response service at the eint- defibrillation level on July first, nineteen hundred ninety - three, within the territory for which application for a certificate is made pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certifi. Cate without requiring that there is a public need for such service and without further proceedings, provided application for such certif- � (ld MEDICAL AArL 30 irate or statement of registration i a.ccor44nce with this ,article prior 0 inety -four, Pending the determi ntinuance of such operation she pplfcajion shall be decided in r-ovided in section three thousi 1pplication shall be approved or c pursuant to this section shall be uPon being mailed to the departri tAddcd L.1974, c. 1053, § 2; amende j 7; L.1992, c. 804, § 15; L.1993, c Historical and 1993 Amendments. L.1993, .c. 445, B. eff. July 26, 1993 retroactive to July '1993, designated existing provisions as bd. I and added subd. 2. 1992 Amendments. L.1992 c. 804, 15, elf. July 1, 1993, deleted references Cross Ambulance service registration and 3005. Library F :American Digest System. Qualifications for and conduct of occu ment X31. .'Encyclopedia - Health regulations; conduct of businet C.J.S. Health and Environment ` ^WESM AW "Research Health and environment cases: 1 Registration 1 Notes of Registration A vplunleer fire company providing ambulance service on April 1, 1975 that ES § 3009 Mote 1 subi nitted to the department in r January first, nineteen hundred lion of any such upplicatiun, the be lawful. in all other Cases the. ccordance with the procedures d five of this article: and such lied accordingly. An application =erred filed with the department nt by certified or registered muil. L. 1974, c, 1054, § .6; L, 1981, c. 252. 45, § 8.) tatutory Notes to § 3006 and to municipui ambulance service statement of registruliun, Effective Date. Section clTeeaivc Apr. 1, 1975 pursuunt to L. 1974. c. I0S3, § 3, as anxnded by L.1974, c. 1054, g 7. ,ee Public Heukh Law % 3004, or business, scc Health and Environ. or occupulfons affecting public health, see 37 et seq. key number]. has registered with the upprupritue entet'- gmcy medical SLWOces Council prior to September 1, 1975 and has not chanted its ueva of operation, has sudslied the registration requirements of Article 30 ul' the Public Health Luw. Op.AnY.Gen. (Inf.) 81-27. §3010 PUBLIC HEALTH § 3010, Area of Operation; .krarisfers 1. Every ambulance service certificate or statement of rugistrat 'issued under this article. shall specify the primary territory wit] which the ambulance service shall be permitted to operate. '`. ambulance service shall receive patients only within the prim; territory specified on its ambulance service certificate or staternerii registration, except: (a) when receiving a patient which it inicO transported to a facility or location outside its primary territoryy as required for the fulfillment of a mutual aid agreement authofF by the regional council; (c) upon express, approval of the departmi and the appropriate regional emergency medical services council a maximum of sixty days if necessary to meet an emergency ner provided that in order to continue such operation beyond the su day maximum period necessary to meet an emergency need, eed, t ambulance service must satisfy the requirements. of this artic regarding determination of public need and' specification of i primary territory on the ambulance service certificate or statement registration; or (d) an ambulance service or advanced life supp' first response service- organization formed to serve tha need For i provision of emergency medical services in accordance with t religious convictions of a ,religious denomination may serve su needs in an area adjacent to such primary territory and, wh responding to a call for such service, the needs of other residents such area at the emergency scene. Any ambulance service seeking operate in more than one region shall make application to ra appropriate regional council. Whenever an application is ma simultaneously to more than one regional council, the applicatia submitted to the regional councils shall be identical, or copies each application shall be submitted to all the regional counc involved. 2. No ambulance service certificate shall be transferable unit the regional council and the department reviews and approves t transfer as follows; a. Any change in the individual who is the sole proprietor of ambulance service shall only be approved upon a determination tl the proposed new operator is competent and fit to operate till service. b:. Any change in a partnership which is the owner of an amb lance service shall be approved based upon a determination that tl new partner or partners are competent and fit to operate the servik The remaining partners shall not be subject to character and fitnrr review. MERGENCY MEDICAL SERVICES § 301 6ii 30 l �'.:e. Any transfer, assignnt •nt or other disposition of tern percent more of the stock or voting rights thereunder of a corporation whir e owner of an ambulan •e service, or any transfer, assignment C lhrr disposition of the .stn -k or voting rights thereunder of such fi ..grporation which results i the ownership or control of ten pe•tet r. more of the stock or voti ig rights thereunder by any person, shu ' based upon a etermination that the new stockholder t ftkholder proposing to oll tain ten percent or more of 'the stock c �Bting rights thereunder of such corporation is competent and fit t ?prrate the service. The re aining stockholders shall not be subjce P a character and fitness yr view. - d. Any transfer of all or substantially all of the assets el prporation which owns o operates a certified ambulance servit. 4all be approved based u on a determination that the individua sartnership, or corporatior proposing to obtain all or substantial" ill'of the assets of the Corp ration is competent and fit to operate th Pr�lirr� = e. Any transfer affected in the absence of the review and required by this section shi approv; 11 be null and void and the certificate itch ambulance service sh• c lI be subject to revocation or suspensioi 3. Nothing contained in this section shall be construed to prohib .zany voluntary. ambulance se + to do so from ice authorized by its governing author transpo primary territory from an ing any sick or injured resident of i general hospital or other health ! _ - facility licensed by the de ,!}ospttal or health care facil cai artment, whether or not such goner. ty is within the A. , to any other general - hos service's primary territe ital or health care facility licensed by th apartment for further car =contained in this section s , or to such resident's home. Nothir, all be construed to prohibit any proprif ambulance service au transporting orized by its governing body to do s prom any sic ospital' or other health c or injured patient from, any goner: re facility licensed by the - departmer :thether or not such'gene hospital or health care facility is withi e service's primary territo , to any other general hospital or healt :care facility licensed by the department within the service's primar _territory for further care, o °dome is within its primary -to such patient's home, 'if -such patient N;b .or under contract to a g erritory. Any ambulance service owne eral hospital licensed by the departmer ut . Y - transport any specialty " ! holth care facility lice patient from any other general hospit; . awning such ambulance service, sed by the department to the hospit: or with which it has a c:ontme § 3010 PUBLIC HEALTH emergency medical services council, subject to the. approval of 111; commissioner. 4. No ambulance service certificate of an -ambulance: sctvit which has discontinued operations for a continuous period in ext a of thirty days shall be transferable: without the approval of •d appropria regional council, (Added L.1974, c. 1053, § 2; amended L. 11981, c. 254 § 8: L. 1989. c. 73 § 2; 1..1992, c. 804, § 16; L. 1.993. c. 445, § 9: L.1993 c. 588, §•1 Historical and 1993 Amendments. Subd. 1. L. t 993, C. 588. § 1, LAT. July 28, 1993 e'etrouctive to July 1, 1993, added cl. (d). Subd. 2. L. 1993, c. 445, § 9, eff. July 26, 1993 retr to July 1, 1993, in opening par., substituted provisions di- recting the regional council and dcpart- menL to review and approve certificate transfers for provisions requiring such. approval of new operators or stock trans- actions affecting ownership prior to cer- tificate transfer. and added pars. a to e. Subd. 3. L.1993, c. 445, § 9, cff. July 26, 1993 retroactive to July 1. 1993, de- leted reference to services authorized by General Municipal Law § 209 -b(2) and inserted provisions authorising the tr ans- porting of sick or injured residents ur specialty patients. Statutory Notes 1992 Amendments. Subd. I. L. 19! c. $134. § 16, ell'. July I. 1993, add Provisions relating to operation %viii primary Wrriloey and exceptions ihcit Subd. 2. L.1992. c. 804, § 16, eff. Ji 1, 1993, deleted reference to statement registration and added provisions rclati to Compete'nc'e and fitness to operate a change of ownership. Subd. A. L. 1992, c. 804, § 16, eff. J 1, 1993. added Subd. 4. 1989 Amendments. Subd. 3. L.19i C. 735. § 2, eff. July •24, 1989, a& Subd. 3. Effective Date. Section effective A I, 1975 pursuant to L. 1974, c. 1053. § us amended by L.1974, c. 1054, § 7. Library References American Digest System Qualifications for and conduct of occupation or business, see Health and Emir ment d31. Encyclopedia Health regulations; conduct of business or occupations affecting public health. C.J.S. Health and Environment § 37 ut seq. WESTLAW Research Health and environment'cases; 199k [add key number]. . Notes of Decisions Scope of operations 1 ell to be aware of various emergt medical units within the region so th could perform its responsibility of eau I. scope of operations nating emergency medical services 11 Section of Public 14ealth Law which efficiendy did not limit the asltbult :served as a control measure which en- service salaly to the area specified -in abled appropriate regional services coup- statethent of registration. Mohawk 1•ERGENCY MEDICAL SER . 30 Ambulance Cor Inc. v. New .Yui e Dept. of Health, 1990, 164 A.D.2 , 559 N.Y.S.2d 414, appeal denied .2d 801, 566 -N.Y.S.2d 586, 5( :.2d 980. his section dotal not prohibit an emu t:y urnbularice squad from leaving , n, or other area in which it normal vides service, to deliver a patient to pital, rather this :section Is a come "tare which enables the approprin tonal medical services council to 1 tie of the various emergency medic 3011. Powers and duties signer 1. The department may inqui services and advanced life sup Ouct periodic inspections of fac'1 I les, methods, procedures, mat ;also evaluate data received fro ;life. support first response servi 2. The department may re:qu :11sfe support first response servic received, services performed a :necessary to carry out the prov 3. The commissioner, with .council, shall designate not m� ::within the state wherein a r °council shall be established. % geographic area, the commissie , presence of ambulance services t-cy medical services. comminct ,planning agencies and commui ,4fid shall establish a separate . for the county of Nasss I and encourage the establishmc e _ services council in each of said 4. The commissioner may amendments thereto for consi 'Commissioner shall establish ::ambulance services and advanc �]:'�tlter than voluntary ambulance support first response services. S. For the purpose of pros ;welfare the commissioner is h § 3011 service unity within the ret!iou so ultra it may pa - limn its responsibility of ruuitili- IlAmg cutergowly medical service more efficiently. Op.State Compt. 82 - 185. A squad, aulhor•i•red to provide general ambulance service in accordance with this suction, niiq transport nun- eniergen- cy patients who tux residents of the firs• district in which the sgtiud is located within a village Outside the district to other hospitals outside the district. Up. Ally.Gen. (Inf.) 82-45. the department and the commis. . into the operation of ambulance - t first response services and con- ies, communication services, vehi- als, staff and equipment. It may ambulance services and advanced cc ambulance services and advanced .s to submit periodic reports of calls i such other information as may be sions of this article. lie advice and consent of the state ire than eighteen geographic areas gional emergency medical services In - making the determination of a ner shall take into consideration the hospital facilities, existing emergen- s, trained health personnel, health iication and transportation facilities; regional emergency medical services u. The commissioner shall promote nt of a regional emergency medical designated areas. propose rules and regulations and eration by the state council. The schedule of certification fees for d life support first response services services and voluntary advanced life the public health, safety and authorized and empowered to §3011 PUBLIC HEALTH L Art. contract. with voluntary ambulance services and municipal aml lance services, or with the fire commissioners of fire districts oiler ing voluntary ambulance services, upon such terms and conditions he shall deem appropriate and within amounts made available the for, for reimbursement of the necessary and incidental costs incur by such ambulance services in order to effectuate the provisions this article. 6. The commissioner is hereby authorized, for the purposes effectuating the provisions 'of this article in the development of statewide emergency medical service system, to contract with a ambulance service or with. the fire commissioners of fire distri operating certified voluntary ambulance services for the.use of nee sary equipment upon such terms and conditions as the commission shall deem appropriate. 7.. The commissioner may recommend to the state council mi mum qualifications for certified first responders (which shall ri exceed fifty-one hours), emergency medical technicians and 1 vaned emergency medical technicians in all phases of emerger medical technology including but not limited to, communicatio first aid, equipment, maintenance, emergency techniques and pro dures, patient management and knowledge of procedures and equ meat for emergency medical care. 8. The commissioner shall provide every certified ambulance s vice and advanced life support first response service with an offic insignia which may be attached to every vehicle owned or opera by a certified ambulance ' service or advanced life support first sponse service, 9. The department shall provide - the state council with s assistance as the council may request in order to carry out responsibilities as set forth in subdivision two -a of section d thousand two of this article. 10,' The commissioner is hereby. authorized and empowered i extend the certification for emergency medical technicians or a( vaned emergency medical technicians who have been federal] ordered to active military duty;`other than for training, related to t� Persian Gulf crisis and whose certification will expire during thei military duty, - The extended certification shall be for the period .4 military duty and for six months after they have been released froi active military duty. (Added L.1974, c. 1053i § 2; amended LA981, c. 252, § 9; L.1985, c. 681 § 2; L,1988, c. 9, § 3; L. 1991, c. 403,'§ l; L.1992, c. 804, § 17.) Any 30 MEDICAL Historical at •1992 Atnendtaeias. Stibds. 1, .1992, c. 804. § 17, eff, July 1. 199, lserted ruferMtees to advanced We su art first msponse s .Subd. 3. L. 1992, c. 804, § 17, 01'. Ju 1993, required the com ttablish u separate regional enterge:nt kdical services council for Nasst 'Subd. 4. L. 1992, c, 804, § 17, efr. . 1993, substituted reference to weed life Support first response ser icier than voluntary ambulance see nd voluntary advanced life support -Wonse services for reference to ioflt and hospital ambulance sery "Subd. 5, L.1992, e. 804, § 17, eff. A993; deleted references to mgis) ztbulance *01vices and omitted rcq tent that contracts 'contain staterr E pressing the intention fo apply for alion. Subd. 7, L.1992, c. 804, § 17, eff. „ 1993, included 'certified first resp and advanced emergency me, +chnicians, , Subd. 8. L.1992, c. 804, § 17, eff 1993, inserted references to adva le support first response services, § 3011 Statutory Notes Subds. 9 to 11. L. 1 992, V. 804, § 17, eff. July 1, 1993, eti-dcsigtl.ucd firemen sttbds. Ill thud 11 tas 9 an it). 1991 Amendments. Sllbli. I I. L. 1991; c. 403, § 1, cl'f, Jul %. 15, 1991, added subd. i I. 1988 Amendments. L.1988, eff. Sept. 1, 1988, adcled subd. I U. 1965 Amendments. L. 1985. c. 681), 4 Z, added Subd. 9. Sec >:Il'vctive pate al' Amendment by L.1985, C. 680 note 13C. low. Effective Date of Amendment by L.1985, C. 680; Expiration. L,198h, c, 680, § 7: amended L.1987, c. 189, g 1, eff. June 29. 1987. provided; "This act [amending this section Lend en.tcting pro- visions Set otll as notes Under this SuCLion and section 30021 shall Luke effect Jule first, nincleun hundrud eigh -five, unJ shall remain in full forewand e:lleci until July - first, nineteen hundred eight• -eight at which time it shall be deemed re- pealed." Effective Dale. 5 eu;lion effectil6v Apr, i, 1971 pursuant Lo L.1974, c. 1053, § 5, as umended by L.1974, c, 1054, § 7. Cross I References Certification of ambulance services, Feasibility studies of training course § 3002(2 -a). Fire districts, see Town Law § 170 Nassau county, see consolidators' t New York state emergency medic § 3002. Persian Gulf crisis defined, see Civl Rules and regulations, see Executil, Act R 201 at seq. New York Codes, Slate emergency medical services c Submission of notices and filings in CIL sell. rican Digest System Authority and duties of health 4 -7(3). see Public Health Lsw § 30o5, at SUNY institutions, stW Public Health Lau' seq. ss an Slate Law, services council see Public health Laic Service Law § 85(1)(c)(8 ). Law § 102; State Adminlstl'iative Procedure and Regulations see I0 NYCRR Pall $00. ey rulumaking action, sc+u 19 NYL'RR 260 References and agents, see Health and Envirunluenl § 3011 PUBLIC HEALTH. I:�4 Art. Authority and. duties of state and local health boards. sec Health and Envirann �." Encyclopedia Powers and duties Of Health boards. do f ' and Environment § 13, purintrnls, and nflic °et s. s<Y C.J.S. tic: ok WESTI.A Reseamb 4 i. Health and environment cases: 199kiadd key number]. i t § 3012. Enforcement I. Any ambulance service or advanced life support first res onx service certificate issued pursuant to section three thousand five o this article may be revoked, suspended, limited or annulled by th;i ' i department upon proof that the operator or certificate holder or one i - or more enrolled members or one or more persons in his employ (a) has been guilty of misrepresentation in obtaining the certificat Q.. or in the operation of the ambulance service or advanced life suppo - 2 i first response service; or (b) has not been competent in the operation of the service or har •,; shown inability to provide adequate ambulance services or advanced life support first response service; or r (c) has failed to pay the biennial certification fee as required except in the case of any voluntary ambulance service or voluntary advanced life support first response service; or (d) has failed to file. any report required by the provisions of this article or the rules and regulations promulgated thereunder; or (e) has violated or aided and abetted in the violation of any provision of this article, the rules and regulations promulgated oc: continued thereunder, or the state sanitary code; or (f) had discontinued operations for a period in excess of onc month; or (g) a voluntary ambulance service or voluntary advanced life sup -:, port .first response service has failed to meet the minimum staffing;' standard ' and has not been issued att exemption, except that suct- certificate shall not be suspended or revoked unless the commissio*� er finds that an adequate alternative service exists. The commission' er shall consider the recommendation of the regional emergency medical services- council in making a finding; or (h) an ambulance service operating for profit has failed to meet the minimum staffing standard; or A^A 'EMERGENCY MEDICAL 'S S § 3012 AN. 30 W has been convicted of a crime r pleaded nolo contenders to a felony ehaige involving murder, man •laughter, assault, sexual abuse, theft, robbery, fraud, embezzlement drug abuse, or sale of drugs, unless the commissioner finds that s tch conviction does not demon- strate a present risk or danger to patients or the public; or- . (j) is or was subject to a state or federal administrative order relating to fraud or embezzlement, unless the commissioner finds that such order does not demonstr to a present risk or danger to patients or the public. 2. Proceedings under this sectioi corporation, association, or public the filing of written charges with department seeks revocation or si ambulance service or an advanced 1 a copy of the charges shall be refs council for review and recommends hearing. Such recommendation sh whether the public need would be sign, annulment or limitation. if council established, the state counc and present to the department its ' i 3. No certificate shall be revoke without a hearing. However, a ce pended without a hearing and with ate regional council or state coup thirty days upon notice to the certifi the department that the public hez nent danger• may be initiated by any person, Fficer, or by the department by se department. Whenever the pension of a certificate of an e support first response service, -ed to the appropriate regional ion to the department prior to a lI include a determination as to erved by a revocation, suspen- tere is no appropriate regional shall .make such determination suspended, limited or annulled ficate may be temporarily sus - t the approval of the appropri- for a period not in excess of to holder following a finding by i, safety or welfare is in immi- 4. The commissioner shall fix a t' a and place for the hearing. A copy of the charges and the recommendations of the appropriate regional council or state council tog Cher with the notice of the time and place of the hearing, shall be mailed to the certificate holder by registered or certified mail, at the address specified on the certificate, at least fifteen days before the d to fixed for the hearing. The appropriate regional council may be a party to such hearing. The certificate holder may file with the 'department, not less than five days prior to the hearing, a written answer to the charges. (Added L.1974, c. 1053, § 2; amended 1981, c. 252, § 10; L. 1992, c. 804, § 18; 1~.1993, c. 445, § 10.1 § 3012 Historleal and 1993 Amendments. Subd, 1, opening put•. L.1993. C. 445, § 10, Uff. July 26, 1993 r tronetive to July ), 1993, inserted ►•eference to the revocation: suspension, limitation or. annulment of an operutur's certil icatc. Subd. I. par. (b). L.1993. c. 445, § 10, cfL July - 26, 1993 retroactive 10 July I, 1993, substituted "has not been compe- tent in the operation of the service" For "demonstrated incompetence". Subd. I. pa►•s. (i). (I)• L.1993, C. 445, 14, Off. July 26, 1993 retroactivc to Jtdy 1, 1993, added pars. 1992 A- 9ndments. Subd. I, opening pat'. L.1992, c. $04, § 1 !8. ell. July 1, 1993, included advanced 19fe support First response met and deleted reFerence to § 3006. PUBLIC H I TH A 9 .3..0 Statutory Notes Subd. I, luirs. (a), (h). L.ILJ92 �. ti►s 4 18, cFC July 1. 19'13, inset'ittil rvivlvncos lu adt;utccei lilt sopporl I'i►�ct ►espeii se rviea. Subd. i, par. (c). L.1992. c. $04. - elf. Jul %' 1. 993, CUgUed vohuttan• all1wi . 1URM sc► or volunlaiv advanced`lt suppu►•t f(►xt responsv serviees. ' ;; S"bd- I, pars. (1) to (it). L.199 . = 804. § 18, Off. Jt ►h• 1. 1993, added pak" (1) to (h). Subd. 2. L. 1992, c, 804, § 18, ell. Jukti L 1993, required ►+vview of the rb.ugafr, whenever the department sucks. ►tiv t tion pe suspension..nf a cep•tilicate ul antbultincc iL'1 Vit'C or advanced life su port first Vvspanst: service. Effective' Date. Section eff —tivu Apr 1. 1475 pursuant to L1974, as untended by L. 1974, c. 1054. § 7. Cross References Hearings, right to and procedure in, see McKinnev's Const. Art. 1. § 6; Health La'w § .12 — a; Sanitary code, see Public Health Laty § 225. American Digest System Library References Physicians and other health -care providers; revocation or suspension of e or license, see Physicians and Surgeons aml 1 to 11.3(51. Qualifications for and conduct of occupation or business, - see Health and ment 0-31, Encyclopedia Health regulations; conduct of business or occupations affecting public health, C.3.S. Health and Environment § 37. et seq. Physicians and other health -care providers; suspension or revocation of lice see C.J.S. Physicians, Surgeons, and Other Health —Care Providers § 3. seq. WESTLAW Research Health and environment cases: 199k[q d key number]. Physicians and surgeons cases: 299k[add key number]. § 3013. Immunity from liability I. Notwithstanding any inconsistent provision of any goner special or local law, a voluntary ambulance service or volunta advanced life support first response, service described 'in section thr thousand one of this article and any member. hie' who is wns EMERGENCY MEDICAL SERI - Art.'30 certified first responder., an em vaned emergency medical techl direction of an emergency medic cy medical technician and who •tion -of monetary compensation emergency to a person who is uv liable for damages for injuries all person .or for damages for the d occurred by reason. of an act of medical assistance in an emerge] injuries were or such death was part of such certified first respoi or advanced emergency medical the direction of an emergency m gency medical technician. 2.' Nothing in this section sY. voluntary ambulance service or i response service from liability Paused by an act or omission on certified first responder, an emer emergency medical technician o of an emergency medical technic technician acting in behalf of t voluntary advanced life support —5. Notwithstanding any special or local ltt an w nt § 3013 rgency medical technician, an ad. ician or a person acting under the it technician or advanced emergen olunturily and .without the expecta- renders medical assistance in an :onscious, ill or injured shall not be aged to have been sustained by such ath of such person alleged to have omission in the rendering al' SLlch cy unless it is established that such caused by gross negligence on the der, emergency medical technician technician or person acting under dical technician or advanced emer. 11 be deemed to relieve any such luntary advanced life support first )r damages or injuries or death to part of any person other than a :ncy medical technician, advanced person acting under the direction n or advanced emergency medical voluntary ambulance service or °st response service. be deemed to relieve or alter the nbulance service or members for ing out of the operation of motor , emergency medical technician or hnician, whether or not he or she is :e service or advanced life support lardy and without the expectation of medical assistance in an emergency ill or injured shall not be liable for sustained by such person or for pierson alleged to have occurred by in the rendering of such medical is it is established that such injuries by gross negligence on the part of riergency medical technician or ad- tsistent provision of any general, k 3. Nothing in this section sh - liability of any such voluntary ?? damages or injuries or death ai "vehicles. 4. A certified first responder glvanced emergency medical te, .. acting on behalf of an ambula)- ' Erst.response service, who volur Y monetary compensation renders 'to a person who is unconscious, damages alleged to have beer, damages for the death, of such reason of an act or omission assistance in an emergency unle fe or such death was caused -,such certified first responder, e: t • � A teed emergency medical tech —5. Notwithstanding any special or local ltt an w nt § 3013 rgency medical technician, an ad. ician or a person acting under the it technician or advanced emergen olunturily and .without the expecta- renders medical assistance in an :onscious, ill or injured shall not be aged to have been sustained by such ath of such person alleged to have omission in the rendering al' SLlch cy unless it is established that such caused by gross negligence on the der, emergency medical technician technician or person acting under dical technician or advanced emer. 11 be deemed to relieve any such luntary advanced life support first )r damages or injuries or death to part of any person other than a :ncy medical technician, advanced person acting under the direction n or advanced emergency medical voluntary ambulance service or °st response service. be deemed to relieve or alter the nbulance service or members for ing out of the operation of motor , emergency medical technician or hnician, whether or not he or she is :e service or advanced life support lardy and without the expectation of medical assistance in an emergency ill or injured shall not be liable for sustained by such person or for pierson alleged to have occurred by in the rendering of such medical is it is established that such injuries by gross negligence on the part of riergency medical technician or ad- tsistent provision of any general, §301i PUBLIC HEALTH 30' MEDICAL ES § 3013 • Note 3 f'iu sunllnury jutlgnlenl dismissing eu111- 1 agtaltl, set' 1'ol•111 3, Idgnlent tlisnlissing cultlpiuilli ill aelilnl !c Furm 4. acts in crnurgencies, sec Negligence expectation of monetary compensation . , rare.„ control, as defined in pal1tgraph (b) of sub tfiviyic n n 4 t ti i l ! i, three thousand one of this urticl�� A( cc . Itr tt ��oluntat t alt3bulant' semi or voluntary tidvanctrd life support first 1•csp0ttNe sert•ice described - section thVC& .thousand one of this article shall not be liable -[ damages for injuries or alleged to have been sustained bs• al Person as a result of such medical 'direction unless it is establislft that such injuries or death were caused by gross negligence on. 11 part of such .physician, (Added L. 1974; c.' 1053. § 2; amcndcd L.'l977, c. 338, § 3; L.1992, c. 8(j § 19; L, 1993, c. 445, § 11,) • Historical and 1993 Amendments. Subd, L L. 1993, V. 445, § I I, tff, Jelly 26, 1993 rCtrUaCLi;C to July 1, 1993, included persons. UCLireg under the direction of an emergency mcditui rechnicialt or tYdtanced Cmergen- cy medical technician, 26, 1996 rrtrOayu l ve to Julvl 1 E993, sub silute[E IYfelvnc@ to a voluntary ad- vanced life support first respnnsc serv for reference, to it voluntary advanced life support first responder service and in cluded a person acting under the di- rection of an emergency medical techni- cian or advanced emergency mrtlictli technician. .26, 1993 retroac to July 1, add- ed s trbd. S. 1992 Amendments. Subd, 1. L. 1 992, C. 804, § 19, eft. July . 1, 1993, included voluntary advanced life support first re- "P services. certified and members und the dhl• c ion of n Statutory Notes cntergeuct• medical leCIlnil•Itnr, uYt�l dG feted rcl; ru`llcc to subtl. 3 of § 3001, Subd. 2. L. 1992, c. $04, § 19 t .(i', Jr I, 1993. included t•olu cud suppul•t firm n:sponNe sc"OUL's and ccnF fied 11ILM responder Subd. 4. L.1992. c. 804, § 19. cf1: Ji* 1. 1993. included ccrlilictl first rusp,,4 ers and udranced l ife support first Il� spnnre ser vic s, Effective Date. Section effUlAiyc I, 1 97.5 pursuant to L.1974. c. IOS3, as amended by L.1974. c. 1054, § 7. Derivrtiiun, Subds, I to 3. Furiik ti § 3021, added L.1967, c. 713. § 1: U6 1 repealed by L.1974, c. IOS3, Exclusion of Volunteer Firemen, note appended to L.1967, e. 713. prt,l' ed: "Volunteer lll'emell arc not - ;refer in .§ 3021 [now this .seellon) in 1•tl't the provisions of General Municipal . § 20.5 -b. •' Cross RdFerences Definitions for article, see Public Health Law § 3001. Gaud Samaritan laws. see Education Lair §§ 6.527, 6.547. 6[111. Public health Law § 3000 -a 6737, . West's McKinney's Fortes The fallowin the Public gg fol•nts appear in Seleewd H euit h Law 1. Consolidutcd LutlF01111% ros under Notice of motion for suntnlary judgrrierrE dismissing complaint in.uclion apab volunteer rescue squad. see Fol I, Technician's affidavit in support of 11 10d , for sunnual t judgment dis L In a ctio n agai n against Volunteer rescue Squad, see Forut 2, ruixsi Attorneys aMdavit in support Or moti plaint In scion against volurller Order grunting motion fol. summar %, against volunteer VUSCLIC Squad, Library a•Iran Digest System Personal conduct constituting negli 0= 12, Duties as to ill, injured, or helpless 63007). a7). WESTLAW Research Negligence cases: 272k[add key nut Notes of es 1 causation 2 ambulance services 3 _J. Emergencies An emergency medical technician who `i$ not a member of a volunteer fire do partment emergency rescue and [first aid :.squad has immunity under this Section 9nly for acts in rendering emergency nnedical assistance to a person who is :unconscious, ill or injured, however if, 'during the course of transportation of a ".dick, disabled or injured person under `conditions: which are not an emergency, itlat person's condition develops into or tsrerts W an, emergency condition, the echnieian would receive immunity for •ehe� acts done relating to the emergency Fanditlon. 1976, pp:Atty,Gen. Oren) Dec, 2. Proximate causation There was no proximate relationship between passenger's death by exposure. .due to alcoholic consumption and con - ducL of volunteer rescue squad, which ;inade cursory medical inspection of pas - -nger and which was excused by state Trooper long before passenger's compan. :tons decided to leave passenger alone in tar after ' was subsequently involved !n accident rescue- squad had left pas. � nger in care of comnAninne n..4 ..t. . sie C.J.S. Negl igencv §§ 63(I03) to situation or participuled in plans to i ans- porl passenger to place where passenger could sleep. Rider v. Gaslight Tavurn Corp.. 1987, 1 125 A.13.2d 144, 512 N.Y.S.2d 553. 3. Voluntary ambulance services United States Army had no duty to pro- vide emergency relief to civilian guest at military academy, and, thus, Armv'mcd- lea owed no duty to civilian guest and were "voluntary ambulance personnel" Protected by New York's Good SumariLan Law requiring showing of gross nreli• gence to hold voluntary umbulanec see% vice and emergency medical technician liable, even though medics owed duty to military to perform asslgned - tasks. Clarken v U.S., D.N.J.1991, 791 RSupp. 1029, Proposed amendment by ambulance service to add negligence a ufur ese based on Public Health Lau' section exempting volunlary ambulance services Iron) lltlbll- ity for ordinary negligence wtts not eleur- ly and patently insufficient on its I•trce merely becatise ambulance service billed plaintiffs for services, and thus should have .been allowed. Hopper y, Hiss, 1987, 131 A.D.1d 814, 517 N.Y.S.2d 178• An umbulance col•poration tshieh charges those individuals who did not nlakc Lt contribution to the anlbulttnce § 3013 NOW 3 liability aflbrded volunteer• umbulunce services. 23 Op.State Compl. 835. 1967. § 3014, Constructi PUBLIC HEALM I,,,, Art. Notwithstanding any inconsistent provision of any general, spirria or local law, the provisions of this article shall be deemed to apply the city of New York. (Added L.1974, c. I053, § 2.) Histori and Statutory Notes Effective Date. Seetion efFUctive Apr. 1, 1975 pal - suant to L. 1974, e. 1053. § 5. as amended by L.1974, e. 1054, 9 7. Library References American Digest System Qualifications for and conduct of occupation or business, sec Hvallh and Ent i ment 4=3 1. Encyclopedia Health reguladons;,.conduct of business nr occupations affecting public health. C- S. Health and Environment § 37 et seq. WESTLAW Research Health and environment cases: 199kladd key number]. § 3015, Separabii If any clause, sentence, paragraph, section or part of this anti, shall be adjudged by any court of competent jurisdiction to invalid, the judgment shall not affect, impair or invalidate ,the mainder thereof, but shall be. confined in its operation to the clan sentence, paragraph, section or part of this article' directly involy in the controversy in which the judgment shall have been renders (Added L.1974,. c. 1053, § 2.) Historical and % .Statutory Notes Effective Date. Section effective Apr. I, 1975 pursuant to L.1974. c. 1053, § 5. as amended by 1..1974, C. 1054, § 7. Cross References General separability provision ror chapter, see Public Health Law § 50oo. ERGENCY MEDICAL -30 American Digest System Effvct•of partial invalidity of Encyclopedia E&CL of partial invalidity of WESTLAW Research Statutes cases: 36lk(add' key § 3016. Continuance of rul All rules and regulations he; pertaining to all ambulance ge effect as rules and regulations rules and regulations hereafti council pursuant to section '.thi (Added •L.1974, c. 1053, § 2; amt § 3016 References in general, sec Slalutes 0 in gvnerul, Svc C.J.S. SlC ULL:s § 92. and regulations afore adopted by the commissioner ces shall continue in full force and ttil duly modified or superseded by adopted and enacted by the state thousand two of this article. ed L. 1981, c. 252, § 11.) Historical d Statutory Notes 1981 Amendments. L. 1981 r. 2 2, Effective Date. Section effectivv Apr 11, eff. June 15, 1981, deleted . "a d I , 1475 pursuant to L, 1974, c. 1053, invalid coach services" following "sery e- as amended by L.1974, c. 1054, § 7, § , . Cros References Rules and regulations, see Executive Law § 102; State Administrative Procedure Act § 201 et seq. State emergency medical services council, see Public Health Law § 3002. New York Cod , Rules and Regulations Submission of notices and filings i agency rulemaking action, see 19 N]YCRR 260 et seq. ;American Digest System Power-lo make health regulati( Encyclopedia Powers and duties of health bo tiobs, see C.J.S. Health t WESTI AW Research Health and environment cases: References in general, see Health and Environment t-20. i, departments, and officers: rules and re'gula. Environment § 14. key number). § 3030 PUBLIC HEALTH L § 3030. Advanced life support services Art: Advanced life'support services provided by an advanced emergen medical technician, shall be (1) provided under the direction . qualif ed medical and health personnel utilizing patient informati and data transmitted by voice or telemetry, (2) limited to the categu or categories in which the advanced emergency medical'tec:hniciun certified pursuant to this article, and' (3) recorded f each putiri on.an individual treatment (Added. L. 1974,. c. 439, § 2.) Historical and Statutory Notes Codification. Section is set out preced- Effective Date. Sectiun r:il'eclivc }, ing former §§ 3020 to 3022 of former 5. 1979, pur�cuunt to L.1979. c. 439, 5 Article 30-A to comply with the legislu- tive statutory direction. No N 3017 to 3019 or 3023 to 3029 have been enacted. Library References American Digest System Capacity and qualifications of physicians and other health -car.,. providers, Physicians and surgeons c=4, Encyclopedia Right to practice medicine or other related callings; regulation in general, C.J.S. Physicians, Surgeons, and Other Health -Care Providers § 8. WESTLAW Research Physicians and surgeons cases: 299k(add kcy number). § 3031. Advanced life support system Advanced life support system must (1) be under the overall su p e r, sion and direction of a qualified physician with respect to tl advanced life support services provided, (2) be staffed by qualific medical and health .personnel, (3) utilize advanced emergency mt:c cal technicians. whose ceriification is appropriate to the advanced •li support services provided, (4) utilize advanced support mobile uni appropriate to the advanced life support services provided, (5) mai tain a ,treatrnelit- management record for each patient receiving a vanced life support Services, and (6) be integrated with a hospit emergency, intensive care, coronary care or other appropriate se vice. (Added L.1979, c. 439, § 2,) EMERGENCY MEDICAL SERV Art. 30 Historical and Codification. Section' is sal ottt preced. ing former H. 3020. to 3022 or former 4rticte 30r& to comply with the legislu- ttve sta direction;. Cross Physician licensing, see Education New York Codes, Requirements for advanced life sut Library Amerlt:an Digest System Capacity and qualifications or phys Physicians and- Surgeons 4=4. Encyclopedia Right to practice medicine or other C,J.S. Physicians, Surgeons, a WESTLAW Research Physicians and surgeons cases: 2991 § 3032 Rules and regulation § 3032 tatutory Notes Effective Date. Section eMictive .full- S. 1 pursuant to L,1979, c. 439, § 3. § 6520 et seq. CS and Regulations systems, see 10 NYCRR 800.5. inns and other he alth-ca re provid see Wed callings; regulation in gonesel, see Other Health --Care Provideis § 8. ke numbed. The state, council, with the al proval of the commissioner, shall Promulgate rules and regulation to effectuate the purposes of sec - tions three thousand thirty and three thousand thirty -one of this article, (Added L.1979, c. 439, § 2; amended L.1993, c. 445, § 12,) Historical an Codification. Section is set out preset g former §§ 3020 to 3022 of forme title 30-A to comply with the legish ie statutory direction. '1493 Amendments. L,1993, c. Flo! 12, VII July 26. 1993 retroactive to Jul 1993, provided that the State counci i6 the approval of the commissione all promulgate rules and regulatior Cross Advanced life support services and : Official compilations of codes, rule Rulemaking procedure of state agen, Statutory Notes relating to the purposes of §§ 3030 and 3031 and deleted rovisions which re quired all rules and regulations relating, to advanced support mobile units be iniG. ated by the New York state entierguncv medical services council with the approv. sI of the commissioner. Effective Date. Section effective Juip 5, 1979, pursuant to L.1979, c, 439, § 3. stem, see Public Health Law §§ 3030, 3031, and regulations, sec Executive Law § 102. M see Generally_ Ri.l.. AA—:-! ........... _ § 3032 PUBLIC - HEALTH Lit New York Codes, Rules and Regulations - Emergency medical technician certilicution; see generulh-. 10 NYCRR ttth +.o -sett. Submission of notices and filings in ft-1116011 w ugcncy rulvibuking scouts, , genially. 19 NYCRR Parr 260 et seq. Library References American Digest System Power to make health regulations in general, see Health and Environment om2 Encyclopedia Powers and duties of health boards, departments, and officer; ruins and ,%-pit lions, sec C,J.S. Health and Environment § 14. WESTLAW Research Health and environment cas4_w: 199k[add key number]. . ARTICLE 30-A —] PERSONNEL :3050. Short title. ':051. Declaration of purpose. ,3052. Establishment of a training Personnel.. '3b53. Reporting. NCY MEDICAL SERVICES 4G ACT OF NINETEEN EIGHTY -SIX for emergency medical services Historical a d Statutory Notes Portlier Article 30-A, Article, whi Section 3421, added L.1967, c.'713, .rlated to volunteer ambulance serve e, § 1, authariced immunity from liabili1v vas added L, 1967, C. 713, § 1, and e• for Volunteer ambulanc igaled L.1974, c, 1053, e sctvice ment- § I. Section 3020, added L.1967, c, 713, . bers. See now § 3013. ' 1; amended L.1968, c. 1057, § 1; Section 3022, added L,1967, c. 713, 1971, c, 1032, § 3;. L,1973, c. 176, § 3, § I, related to the duties and power's of 0ttned terms for purposes of former at i- the department under former 30-A. 30-A. See now § 341 t. article Crosi i References Authorization to use children I5 or older as members of certified Volunteer ambulance - services, see Arts and Cuhu al Affairs Law § 35.07. .Defense and. indemnification of st tie officers and employees, see Public dffErcrs } Law § 17. Volun}eer ambulance workers gent raliv, see Volunteer Ambulance Workers' Gene. lit La w, ai New York Cod Rules and Regulations ' Ambulance and invalid coach serVlces, see 24, RCNY Art. 25. WESTLAW Comps er Assisted Legal Research =LAW supplements your lei al research in many ways. WESTLAW �ys you to '6 update your research wiff the most current information • expand your library with dditional resources *retrieve direct history, p cedential history and parallel citations with the insta -Cite servic r snore information on using W STLAW to supplement your research, sw ''WESTLAW Electronic Resea h Guide, which follows the Explanation. 414 § 3050 PUBLIC, HEALTH § 3050. Short title Art. This. article shall be known and niay be cited. as -the "emerk medical services personnel training act of nineteen hundred •ci six ". (Added L.1986 e. 727, § I.) Historical and Statutory. Notes E 1. 1986, tn1u nt to L. l9867 727, § Library References Atnerican Digest System Capacity and qualffieations' or physicians and other huulth -carr providers. Physicians and Surgt ons c�4, Encyclopedia Right to practice medicine or other related eallings; regulation in genetdl. C.J.S. Physicians. Surgeons, and -Other Hcalth —Car, Providers § 8. WESTLAW Research Physicians and. surgeons cases'. 299k[add key number]. § 3051. Declaration of purpose Emergency medical services provided to those suffering from suc den illness or injury have potential to reduce the incidence 4 disability and death and are therefore, invaluable, A training pre gram of high quality is the key to assuring that emergency medic' services personnel have the knowledge and skills to care for acutei' ill and injured patients in a manner which will prevent further illnes and injury. There is therefore a need to provide flexible, diverse art high quality training opportunities which are reasonably - availably Particularly to volunteers who devote considerable time, effort, ail often personal resources, to improve or retain their knowledge a skills. The state has'a responsibility to support and further the woi of those who provide emergency medical care by providing needs instructional resources. The purpose of this article is to expand and improve tr~aininj Opportunities for emergency medical service personnel, thereby-beng fiting all the residents of New York state who rely on the services-""ll these personnel. (Added L.1986, c. 727, § i AM SERSONNEL .TRAINING § 3052 =" Historical an Statutory Notes .Effective pate. &c:lion effective JuI _. 1985, pursuant to [..1986, e. 727, 4 Araerlrao Digest System Capaeity and - qualifications of phi Physicians and Surgeons 0=1 ! •Eaeyclopedla Right In practice medicine or otht CJ.S. Physicians. Surgeons. :W£STLAW Research Physicians and surgeons cases; 291 :§ 3052. Establishment of a ti i services verso References and usher health•cutle pruridvrs, sup Mated callings; regulation in general, ,ee d Other Health — C arL• Providets j e. key number]. program for emergency med- 1. There is hereby establishe "medical services personnel inc Sponders, emergency medical to l technicians and emergency ',2. The commissioner shall I gppropriated to entities, such. a. gency medical services councils .nations to conduct training cou ,personnel and to conduct pract .t ..fuch personnel. The commiss ttermining. the amount of stat .#ion. a. Such schedule may includ :lc t areas of the state and for fonsideration to areas with the pnedical technicians. In deterp ,gency medical technicians, the such as the average number o , Ambulance service, the ratio a Aquare mile, the average numbe ,age of calls to which an emerg ',Pd, provided" such data is avail b. Such schedule shall onsors to off6r basic en a training program for emergency iding, but not limited to, first re- nnicians, advanced emergency med- rehicle operators. 'ovide state aid within the amount local governments, regional emer- and voluntary agencies and organi- ses for emergency medical services :al examinations for certification of finer shall establish a schedule for aid provided pursuant to this sec- varying rates for distinct geograph- tarious course sizes, giving special most need for additional emergency fining the need for additional emer- :)mmissioner shall use measurements emergency medical technicians per emergency medical technicians per of calls per service and the percent - wy medical technician has respond - Me to the commissioner. +i a sufficient reimbursement to permit cy medical technician courses which PUBLIC Fuel tax exemptions and refunds, see Tar Luw §§ 284, I89 -•c. Gcnctal ambuiun4e services, sew General Municipal Law § 122 -b. Villages, contracting for uaterggncv xcrti•ictis, se< Village Law § 4=4iz, Volunteer ambulance workers generally, sue Volunteer Ambulance Work Ili Law. Rules of the City of New York Ambulance and invalid. coach services, save 24 RCKY Art. 25. WESTLAW Computer Assisted Legal Research WESTLAW supplements your legal research in many ways, v allows you to *update your research with the most current information • expand your library with additional resources • retrieve direct history, precedential history and paral with the Insta -Cite service For more information on using WESTLAW to supplement your rear the WESTLEIW Electronic Research Guide. which follows the Ex § 3000. Declaration of policy and statement of purpose The furnishing of medical assistance in an emergency is a mats vital concern affecting the public health, safety and welfare. On pital emergency medical care, the provision of prompt and effe communication among ambulances and hospitals and safe and t tive care and transportation of the sick and injured are. ess% Public health services. It is the purpose of this article to Promote the public health, s and welfare by providing for certification of all advanced life suF first response services and ambulance services; the creation c gional emergency medical services councils; and a New York. emergency medical services gouncil to develop minimum •tlraii standards for certified first responders, emergency medical tt:i cians and advanced emergency medical technicians and mini] equipment and communication standards for advanced. life site first response services and ambulance services: {Added L.1974, c. 1453, § .2; amended- L.1981, c. 252, § 1; L. 1992, c. 24A MEDICAL �* Historical and - Atnendmaii L.1992. c. 804. T 1, .1.993, in.sente me lwUln• R .0spltal emergency medical" ed ' "Prehuspitul emerigenev" fur Jyncv" and "safe and cliVetive &.L-- vnspurttuion of the nick and I" for "ante hundilpg and trunsl3ot- r %F the sick, Injure . and •disabled .Sentence beginning - It is the" utcd "certification of all advanced prl first response services and iiee'Scrwices; fgr"rcgistrt,tion or aiiori or till ambulance services," e develop. minimum .'training Man - ror certified first responders, enter. medical tochrrlefans and advanced .ncy medical technicians and mini. Library Digest system [ty and qualifications of phi Physicians and Surgeons: e-4, to practice medicine or other C.3 -S. Physicians, Surgeons, at V Research inns and surgeons canes: 29% Notes o! P of article 1 ape of article s" article . applies to an emergency 3iYn squad whose members are volun. § 3UO0--a Statutory Notes count eyulpntent a cunuuuulcuriurt stundurda for udvanccd life Irrppur•t lira[ r+caponf services and anlbttttinec scrti•ic- vs fur• "which wuuld dcvctup mi+rinrrnu training standards 1•ut- ctnargcrrcy rrtcdical technicians and minimum cyuil>anent urul curnmunicutiun slandurds lur crrtairi emergency mudicul xar•vievs." Effective Date. Sceliun effectkv Ap 1. 1975 pursuant to L. 1974. c. 10.53, 4 �. as aril i7i-d 6v L.1974 c. 1054; § 7. Former § 3000: Svrt7un. added L.1966, C. 949, § I, prescribing the pulic }• and purpose 61' formi•r article 30, �ti :ati repealed by L.1974, c. 1053, § 1. and other hcahh•vuru providers, s«• lated caltings; regulation in gencrul, sec Other Hcalth -Care Providers § 8. kc_v number•l Decisions Leer firemen that transport sick, tiNubled or injured .persons to or froth l:acdwLs providing hospital services. 1975, Opt. Atty.Gen. Unr.) May 13. VU-•a. EWirger,cY inedical treatment ;ept as provided, in subdivi 'on six of section six thousand six -ed eleven, subdivision two f section six thousand five hundred y.- seven, subdivision one of �ecticin six thousand nine hundred and' 'sections six thousand 'five hundred forty -seven - and six aitc€ seven hundred thirty -s en of the education law, an lxa voluntarily and without xpectation of monetary compensa- - enders first aid or erhergt ncy teeaiineat at the scene of an ift or other emergency outs de a hospital, doctor's office or tiny place having proper and ecessary medical eauipment § 3052 PUBLIC <HEALTH Art. 3C E. medical services council and the commissioner without. the nee'-d �$ charge tuition to participants. x 3. 'Upon request, the commissioner shall provide managen* advice and technical assistance to regional emergency medical ssi vices councils, county emergency medical services coordinat tt course sponsors ors, and instructors to stimulate the improve w training courses and the provision bl' courses in a manner why encourages participation. Such advice and technical assistance m relate to, but need not be limited to the location, scheduling• �a structure of courses. 4. The department is authorized, either directly or through co, tractual arrangement, to develop and distribute training materials• [i use by course instructors and sponsors, to recruit additional- inst u u. r � } tors and sponsors and to provide. training courses for instruc s 5, The commissioner shall conduct a public service campaigiv recruit additional volunteers to join ambulance services targeted:; {• areas in need. for additional emergency medical technicians. li (Added L.1986, c. 727, § 1.) Historical and Statutory Notes Effective Date' L.1986 c. 727, § 4, subdivision two of section three thous provided: "This act [adding this section rft_y -two of the public health faw; us a and §§ 3050, 3051 and 3053] shall" Luke ed by section one of this which �! effect July firsL, nineteen hundred eighty•• take effect do September first, ni41 six, except for paragraphs a and b of hundred eighty-six." Cross References Appropriations .process, see McKinney's Const. Art. 7, §§ I to 7; State Fins; Law § 40 et seq. Emergency medical service training and mutual aid program, sec CpLtnly 1 223 -b. Regional emergency medical services councils; see Public Health Law § 3U State emergency medical services cduncil, sec Public Health Law § 3002. Library References American Digest System Capacity and qualifications of physiclans'and other health -care provider. , Physicians and Surgeons ea4, s . Encyclopedia Right to practice medicine or other related callings; t�egulation in genand. C.J.S. Physicians, Surgeons, and Other Health -Catty Provider § 8. WESTLAW Research Physicians and surgeons cases: 299k[udd kct number], At 12 PERSONNEL TRAINING 30-A Notes of 3nslbilltles or emergency medical vices coordinator I Responsibltities or emergency medi- cal services coordinator ie position of emerg medical set- s coordinator may be•established by a § 3053 MY pro►•ided the rv:iponrsibilitls:s ul' the ttton are linuivd to the euordinutiou f ldliuttiun ul' Lt'atning aetiVities and not extend to the coordinutiun caul ulatiun of the actuul dclivery of umbu- :c services within the county. 01). L. Cumpt. 89 -52. 3053. Reporting Advanced life support first respons services and ambulance svrvic- registered or certified pursuant o article thirty of this chapter I all submit detailed individual call eports on a form to be provided the department, or may submit data electronically in a format )proved by -the department. The s ate emergency medical services iuncil, with the approval of the commissioner, may adopt rules and gulations permitting or requiring ambulance services whose vol- ne exceeds twenty thousand calls per year to submit call report tta electronically. Such rules shall define the data elements to be ibmitted, and may include requirements that assure availability of eta to the regional emergency medical advisory committee. 'dried 1_:1986, c. 727, § 1; amended L.1992, e. 804, § 20; L.1993, c. 445, Historical and S 993 Amendments. L.1993, C. 445, 3, eff. Tuly 26, 1993 retroactive to July 1993, 'inserted Provisions relating to submission of data electronically. 992 Amendments. 1..1992, c. 804. 0. eff. July 1, 1993, included advanced ttutory Notes re support first response services and mined provisions relating to monthly ggregr;ie call reports. Effective Date. Section erfuctive July 1986, pursuant to LA 986, 986, c, 727, § 4. Cross References Emergency medical services, see PubliclH'ealth Law § 3000 et seq. Library Re erences :riean Digest System Qualifications for and conduct of occup Lion or business, see Health and Enviruni ment 4-31. Health regulations; conduct of business C.J,S. Health and Environment F MAW Research W oulih nnA ,................... , m.r. n• occupatiuns affocting public health, see 37 ct seq. m, r r 4 0 0-8 7. :Liability.lorho t ­or Catitract,actiurm -q*tis , nt 4 aftr - -bit .4 Ani L! COA"cb3Act((jnB Nursing home, yvhleh had entered Into it cgptr,4rt with Datiq t enn,21, to ids n9l xrof . d'.s* hundred thousand.4 lve -i��nt ' ' - en, lat --wel @ne.'hindie4- nine: , - g j six ; , i: thirty. I" 0 Voldntiiiilk in d " oni nvn st-i aid. or,'-,dn--'6r9L n '210 ztriiatinent dt?ctor'ff ­ ­ " " ., kl�AVJ . .. , 64 1 jx .. ­ , j4; ant re, of' Great '82 lurleiVics rIght W V -p j tr . qgl ­ `Crush -Utiferences L et seq. 'AT ONNIPT B=DiMt S. Section Automatia ex!pmall& Publi ejeeas prov . Idwii.- 3003Lb 8017. Emer M"OW SdOolli seven of the -edue fl0i m thb scend- bftjjr ac or zany: otT4�:.pla esialleg ' ' ijj st j j fi j j & * " . r. n . P of have oe h„ suckpere6n. OMj4 � j 1 ­ t6 horindjolAd" �kl rt&oidfiiiy i6ijigg Of b (1) A person who,. or iintity, that Purchases 0k'MRkiG.14jA&bl . 61 aid, an - automated exterWMeAbrWi as ro W 'd b or pursuant to law j� re .. y thousand-b of ,or fill) the 6mag under' thrbe - i alth care bounifid-c -oi ;to ,: to * a a& for * the Of a r by'.La- :a ct. o r 1ftth - oa 0*4 eox po r$tion, fi �= 101pnimt that fitat OPhrind AUU4*ctor device or. (U)'•n emergency he ler vATa* wtOIJAWAtive agrej article with respect 'to use 'of' im. Ma tiible-for djn&wAn VV­ - RM 4 j :, H9iL"Tft -LA* BXPMU�Qn of .1hone, 0 Uldt' "at o defectively manufactured bciw effr N ov. 10 99., Histori 4 4 , A , S titt 1 X! 1994 Anieipdmpnts._ LIP 0 elf: . 00`0 1 cw.,i ,''1994i deel6ated Li)deQ feit- aqbb::Jj( as Subil.•rand hdd6d - T e j U isfi'hpo - Sh6it' . Title. : ` This. 's#Wbn = Alid ; Ci tjh6 Rights. Law-§ .79--k, ECL., 27--1421, Eda.• known. 9 Legiqlative jgista,i, -LS998 C. Sm. For Lftishitive, 9 Ikeutive'. br. - -Ju(new § 9000 11, Ailtorftated' 6i'EdMI deftbilli vide..rs. I. . A* up@d j 0 . j4I , U el otherwise, L p . .1 the fol lowing term shall have the NI, (4) "Autorhated external defibrillator" means the Unite St food &nd recognizing the prMnde.qr-abg8jqu; in1k-PILtient (iii) upon - determining that defibrillation i chkrgda:i requests dbllvbr�' of - -air eloob and {iv) 'then, uPon"ad0on by-an operator impulse to'the patleiied hekit1o'perfor7n, di abd e 4 enen46 an Wj' .A nD 14 licensed under article t cardiac care ' ' § 3006;--b Drat 'aid Dr: treat- ierggiicy,' -of hat �. : ajvi gfi�lj;rj . at .4ub n wration'qp fjr soe or or',his;­hdr- its dviii--n Aug. 5, 1998; L.1999, Mites W ' §§ 6527, 6547, 6611, 6 al fsv( H-121 - 63 RL ! - -and jM K: popdlarly the "good Bar(jaritan, l relating, to this law, Public access pro. 5 th ,? 41119.Meavin.gs: ► medical Tilevice . , approved by loh,"thatr:.�(t) -r5 eapilile of. ' of;ve nt�'Liculai"fibri - Ilatioii - and atermining,--without-d patient; •be automati 5PUlse the patient's heart. era .an appropriate ele (c) "Public Bacess - dafib?CitUdn'-prOY1400 nv -ntjtY`-PQQ Mhi% -dp . t 4 ,, . c & q0H r'-ieriktJ ;,.Other -e . w i. iii . ..... ... , q% 4p al 'a.. 9 FA., ye Agmemetit ufidoi! th .W.Jwi! On 7 anWit on and pr6vad byrthi,:dj may& purchap4 acqu� . pa . tor;,pmuan�­tq- a.-t.qUjb . oi-atly e:A d -.Ppiwqte o . VQ0ment, provider,: • The. ;ollaborg A moment shall: ins Writthn, - pracA 1 M 4,. PMUcoNjI-4hd: Validle&­4rid': compliance With this;beetr6fir-0. . �-e,pjjbljr _hbca 410.:2 COPY of thavllab OratWiS y with know a ' er - that provides emergency $`a -Person; firm, Organization mited-extern9l defibrillator i a, nations ap- . - Organizes ion i i �­ , , t , ZeOplia -in :as6 orgK*01911 or oth" eptty. AtOmated",extern#1 dg .4 - al AU) -emergency healthcare 16 .a mritten agreement and b&dures. that ! shall • assure 46fibrillaVbr• prbVida mhgjl P'Up. 1cr 1 .1 �9►W ,3.:Posseaeipp and ope�atiQn „o a��4n?pt ,@,st.:a��na�..��b�at�Or... Possess eJon and operatio o #:- auga,..��ernaf,e?1 #ator b p he a ce s. d � prp' 'lisii,�aml4lr�vti� g: Y?. {a) No.gersozr.xnaY -operate an au �/�}�p f...,: -•:: • ;:..:� , riMF..M�d!5 • 1: e84 -Uly , a .com6letgd : a .tr i. ctaarbal,de l?ri11z}#or =unless e P;B1�aan •has s3mcc , automated external defibrill A oprse in,sthecegperAtao;a, of an p: apl oyedi r ':fiatiotpillYi eGi? Alas o EM.I tion s.. ar,the Pirate g4or$szi93t•_•mad�eal s c �: xg , sfiaZl'ridt'proFiiliit Op era tibn o� ' }c siitoat�.ncilz Rio E ver, 'this se�.tiop. health care r ed wexta a1, erra {ij :liy p actitioner license or certified irizdet' "fttle �IT of tie eilucatiaii law 'or a person certified yt}der.thie_ ela a of ractice or ��tiyti,i ;hie her lawf oz ul scope 1!. (fi) by' "a person �Si, ng :pure ant fp' a• lawful prescription. ;. ) As : Pulai(c'&C�flas" d , i + ) , ,. ,:.v. � ,Y ,-,a efllalatcr edPendateste atomated, s i?dards . pf -tbsa -_ - -uf d .,accgri�ing to ,appl kable. 6!etu : 8l'� &r►cl a4y - apprppr 4.t0,, vernmorat- agen.ey. (c) The' Public'•iLmiss'AeABMFition- provider shill not{'fy -the regions] `council of the ex➢steniq, location and type of any automated external defibrillator it possesses. .W) r4.very, use Of. 44 autamaS,e4�.s�xternsl defibrillator gn a - patiept shall be Immediately - reported to - 71ppropriaxe ls,cal :�mergBllcy:mgdfcai. sexvicee eystem, emergency communications center ' or emergency vehicle dispatch cerkter. as &Pproprfate and prgmtly. reported t the :emer en providez: 4;„ . .g. cy healtl ...care (a) The emergency . , _ ,:: rgene health care provider shall participate ' in the regional q'tfelity. impi eme progx am -one of•'section: three thousand four -a;of tlila = article.:: ,:,::.:.• : ,, = ofi.other::laws :(ap pperation Of... automated :external defibrillator Pprspanfi_to'thia aeetigri ells]] trea ba,e9nafdgred emer en .. ttn @rit star. the p! 'ppae: of.an� ;stst�te t�p.lialZilfty,,, .. g c3! , ib):•Operation'•of Anlautomated . external defibrillator - on shall not.cgnstitute..the•.unlawful; Practice.,f:ac p uant:to•this, section. educatigri:lsw. �,; oprofession under ., title YT I of the (Add'ed U.199a; c: $52; 1 I e� Au b 1989:). S• ,1998; amended :L.1999, . e; •884,. § 11 :eff:,N qY. 1; Z'e'&1Ative Histories” " r' c: "52: F"np I,rigislative,' EzedutEve or 3'udieiei iiiemorah'da ra at'ng to this "taw, lrlaCiiigea I998 $es sibK'I;s�va'ofFe<v § 3000 --c. E pinephrine : auto- iniector•devic es Definitions': =i4s t>$ed fnatliis;se "Eligibla'perkon;`' , Bn}tign, or other •enti#,yr' means, `(i} an , ambulance service or sdvaneeditife•.'s,yppoiiff. 1 it - 'res�ssotiae'eei+vice; acertified: first ? epp4nder i.emergenoy. . ;oai technician, _•orfadvarteed- emer] ;ency medi- cs! °teehnitdan, w40 is elpployed;by. ,pr, an grirolled, meinb'er. of any such service; (ill a children's overnight aamp as defined''fti hundred ninety- one-'of this cha ter•- a -su i� — "d"" " secti °n th(rteen. sultdfvfsion •oni, : of ,:Be�ctio *•thirtPen1: ;hund -ed- 1neky:aixs, of•: this •. chapter, �a tri'lWin`g•sumMer di y .- aa one -of-section thirteen hundred':ninety nipeFl�'.af.this;.chapter ,or' a...person. employed, by auch..a;.eamp;l or : (iii): any, : other�.pe3'agn; firtfi,,.QJBaMati • r relfulatiox�s;gf l $: o0 4p..Q ,; ,entity desigp#ed:pursuapt. to cies „. and all u sioner3;iPs.€4�lii aiotl .witp�,okher ;aPi»"4priate,agea. 1 l? Pit r•- egulatj4ns�of kle comiruesi acid g +, niergency, healthcare• pr6vid�erllnii4ne (i). a physician With ]fr�owled G' xA flee;in'tb4, eli�t�ry�a .0mel`ggm 6j..eare.i..or.,fIN4A"M �� P trAl't; 4@A11T11 -LAW §'3002 2:, Collaborative agreeoienG Any' fgfble••pe7on, ruin, organization or otHi*x'sntity: may purchase;' ac6 and uge epinephrine= auto- itijeetar devicos`plirsuant'tor a'c6llibh atiilre agx M 'nt*itF dh eiiiergeney'tiiealth care pr prav5der:= tAe' .. liboiative enie�iE' : all'iriclui3e a: written a inrroi brace`s Wrltteii`piacti �prb aeo@s; d p oced'u�ree sha ensue `c�dzri lictice` with. the pi?ovisfolis i# :this'sdetfon: The' o Oh rgto'nr''iiitity Ahall'iie a'DOpY:bthp "collaiibfgtiv agreernentwith the & `" ent slid` Evitll- the eipro riate : 'a o epirie Fi' ie,auto= injector t�evice. `p g! nal' couYicil .prior' 'td using any r: �! > l?s�ae®ssi%*Ad *6 - a if, ep4nephripie. utv,i jector devices. PQ$sessipn and Pl freeinpAhririg- altto�;ir ector tisxlcea all be limited Al fgliotvs:. '(a)isl+Ib' +.person:'shali• use: >an_ep }nep ” ne to:injector device• unless such persan!'shall.;-have• su6eeespuljy. eoiriple' 'd-'.a training course .in the - use..of• epzriaphrl "ne auto inji:ctor�'deviees•.appxo ed by..tbei.cammisaione�, purs to epine "a 'of. the' depar6ment This: gee 'on• -.does not 1 prohibit :the. use of. an epinephrine. auto -inj eetor device •; by . certified under title eight of-the.edue'atio law n he scope of h s or her:pivetice, or- (HYby' a.�'persbn actin V- - pursuant" to a lawful prescription. 0) Every person; •f1hn,~organiiation• nd•eritity. authorized to -possess.and . use;. epinephrine •`auto.-injector,:d'evices -= ur auantAo: , this.=section- - shall use,. maintain. and dispose. of: such• devices ?p rsuant to regu ment. lations of the depart (c)' Eyezy use of fan`epinephrine auto-i ' actor de;iice pursuant to this section shall "fi'nrhediately be rcpoi te"4 to the'eine geticY health care pi'oviaer 9. Apphcatiori of tither laves.. ('a)'. se :of an epinephrine, .auto -i serer dep(c pursuant .to 'this sectors` shall b ' aonsid•red °'first aid ar em ergency treatment - Mr �tlie pur�oose "of'any i�at ice' elatih g'to' °liability: ()FI?urchase „acqui�(tioa, po9eeasiAn r.':i?se if. -AP a ins 'hrine auto - injector device . pursuant tQ tWA; section shall n sti ut r uri al wful prac of tice . a profession or otia'er 4ri41'5tion.und4a. title Qight of the education law o'r article thirtythree ::of.tliis'.ei�apfe, .. i {0',Any person'.,othdg7Mse authorized' sell an epinephrine rin auto -.' injector devise . may. well .ok .paoyide;_�It, l or provide s e l persom• ide'an id nin -au pursuant tar.tliis section. (Adtl'e�dll:;.1�99; c 678; Q`��;'eff: Nov : 1999:X - ' 'OQ2. ' .ltew `or eirergenc ' �lical lllervses council L; -if - her a is-hereby, cre&tedda'the dep ` ents' of hetiltlr'the New Y ork state emergency ;medical servjc,coun�..•.Th state council•: shall' consist, of thirty - one members. Rourteen merdbers to e :: state :couneil.:shali •by the- gminiss;oner,' and shall:. be ,repre,sen ative of - each.,geQgcaPhlc area of the eti{te, At least'pn� meriitier` be presentatjve of ests' :of'the gei�erel' putili'c Othe the intsi �Jil_ginkiej” Aal - knowledgealal'e yar_ - ." aspects . ... ems gency.iried cal.samSes yp " Ali. jn ride; licit. not' be limited. to, represerr- tative "s 'of- v ",piuiitarjr aribidancga adva_Oged •l;fe'supioit first'-,response services; ambulance services b erat{ng. o; ` pal ztili . vices, hospitals, a statewide. organizatio re rese prdfit mti ici a ulance ser- �� nting voI ' n eer fire se municipal''t'�x diatarict`s"`' 'r'gvfdi�n . a � fnbul tide ssrvfces y vices,' rfsgiarer Tid `eppdint ".re rseimta� phYsi;:saiiii; ah nurses. caiincil; ° friurii'tiolninati� received a taus' from , ,ech''rei :��;: �• oriel° eriiheitYi r' pprol3riafe re onal'•cutiicfl. Th t11`"6t1'e rritirii+il aae]t:r' , .:' .. _L:_� 10 U099 coRppfl- RV ,#10 P _Rpwnt - b� WO M ,Yqq. f * . - a ­ ---- - - . - miu Lne uraintng, examination, and; certifti!-ati6ri�.'.0f..'c6Kifle-d'-fih . rA . emerg medical techpiclansi and advanced I— . ec T) clans; likb 0 d' ;, h the staffin aftigli%- U ninciWen!:bundrdd, . .. I . 'I ...'d rvfMs,.Or . 6Aa "ciluthr shall - or a .; V -y. ambWEcn6,-sOr.3nca, operating, a6lely:pursuan'i,".tO!:A'- statement -,of registration::'issuad :under section: t hr - ee: thqueand training: shall-not• ..-Ther,-istato council • shall granted� ta -regionatz. cotincilwby4his - article an" - any region: the fn.,Whidht;w...regiptiali•counaiijhosf?not!tbeen established: - thei.-.-powors set.• _fort4 dM . b gibn two-DIf this seL44on;,ffis itat shallprov.idaito..lLho ,!the.-alLateu" niversity. of 14ew, xzrk- fiuchj�.inforiziatim:,and;traqommeiidations ao mayibt-,- requested .by such trustees to assist such trustees' study of. the L feasibility of community 00 and, : �. qrkeppltuxal and teehnical colleges . -1 1 . -11 - G. I .. ch., , - cr.#q t, " d " ' ' " 'd" oit T,6 J�.66qrs c _Wou *f , the' al uoua A— &uYxnqeu timer gpnc '. ''J qmed1caltEfqh�IefiV Eff, tint, rAl- ation vs!itll: the 49i Af, 2 4 Al pnkt state Omergeney meta services d g 7 ..., T ... . .- Program n. at tiouslaimuntrwno nave sti'atAd comp6tence In applicable behavibral' anti p Whbl! of lapprooria� i-.Ogntffiuing.,educatibn,. ex happTAentingAh this program ing the completion of ,a �win a ji�`njtj6�. IZ­' the commissioner shall 6itiict oath and'�-5se-.th e ot4bl-by'ra t 1 . ' . Med . ".. nationally re6bgfif2id orgsi*Zlitifie that -6:e` ine i*1040�11k-q rgenty medical. inimans and adv#meed - emergeng medical t I `V� echfiicians; H vvir, 6 vffi no pilot lirog nkm shall'indliade'Qi� Populiti0ii."Ove.? tine, -ch'rdf16adOn`ar1d6r •he• derddhatta- f. kif .,a VAJMJ a PU.9L[e LAW' or rdspectiVglthe -rOvocation, suspension ( tibn or annulment of aik ambulanc6•dCrvici as provided in article seventy - , v p - Application for such review must: Seiig, hQlder of.- th P P Arv," i * he"RkW66&01 sh a :the majority of those present, to amend, mod regional counelli made• pursuant to subdii three of this vticli. All d6terudnations exemptions: shalkbe. sgWeqk-�tp r ' the civil practice law'.. .and m1s Applti within sixty n pir . y dpys Otxr..�eT - p6,i PJThi4.ermqof -offiewo -ja*b..mq1 . pilp? . . .. 0 appointm4nt, fopgAq rem� membero�-zhxl) contin6e14n-.Fof&"O ta their 6,il"Th Ake conneW.ihill mdevwfrt The �*"fice'v`o mtjooty of. Mem! IdAbVfitat, : slipdl retbil as tndffiber4 &Veath-Ashall' bb­aMWed in ciWed-1 , zPth6'peYfdrmarwY of - ills or' her officer or emplyes of thq department to and -shall`kamffgh� oin jjTna to time -su may. require. 7. No civil' action 8611 4p broiNfie in i or employee of Elie" WV o 0 or ofifilWtMA rh-�fli * Oischar lua . *01ORe tfilklt wuz% first had and' obtained. IiFfio employee b4i in - good 4alth; Witli xe'afaaiiabl'e , q FS Wa coma r elip councils, for�to' the comnA i 11 estimate of the amounts neededio pr medinYiervie'es training ifidMdI4Wdv re&40 medJ*. -en nay .aaces, program agenak t OtateasViRT.P45 emergepoy m edjszal yi # g i lp t.Pr this .. article" • "and "do AhirtY-A %of th transmitted without change by comr, of the, budge -the temporary . k* presider aiii r Udik . *dd' lkeidth.tbI ture. W. amended Lam, e. 469, Historled and S § 3002 . review the civil - practice law and rules. enwithin sixty days after service In A a copy of,the•,d the department, or any concerned sower, by rk 4nd rewesQe &+&jighatioM bf• the lion fie-4 �04 eecfiari three thousand of the state council with respect to . ip:,4,rtiAle of don'for. review must -be made . oi_by registered ';r ; certified mail. s all e , M w .N r acandies shall .'The '. teyin%.aiid until 0 member shill, bie. lue •may requirct Us - shall" ; cOn8titkA6 4i quorum. °.- i :.The! r41c( iorii fbr"th6n 'thd necissary­and aetual` •'expenses thOt eii5ployees as =the stite'e'Od li, .,. - .! ..." '' . -L iy court aga inst fn member, officer A donee failuAIU 1 her' - duties as alm6b4 I �'aflkvor isIffi from a ��tice.Pf " the , 4Uprqme .. OT, )n1probAle:rmause. ltatgp . _.. T dp aftent 4oner not later tfia'nbe`a'eiJie' firit' dde funding for emergency 1014"'fife'support it the local level, UPAA,:- elporgengy, rgedleal ke . P jg - or, . M' . ,5jhej graw.Ap CAM.. -OUC,tfie.p�6ies:. 'ch e t* f: be Asioner to the governor, the.division of the senate, the speaker of the nftWes the l4kWa.' ktutor ,LV Notes E&ctiie' DAe of 'Amqhdrnent by 71. ..­ INN. PUPLMEBUTH LAW [pug.. M . 1.!1&83 .and Bholl- and...10e - - -on -which-_ thip., Rat .44-4. tkg!r. k"gme a deemed WeRIPAJave-y-Pm th4 iNoUsof-Medsions, ­Corqp Y I Ow. x4 ni*;vm. koo -zp vkom th L 4ompati4oity f °1'liieire is a4_ M 4tatory ppphL L 0 a F $003–b. Eme}�ke n1gy. rnodkeal toervice trainirig, cable television U IffiFV66. 80i 2000:] N 1h* t6 "Son firy ' - department e. di� shall alloeatQ funds - the NiiL'Ydtk'.'9ftt�­em ►'e W selki-tPlifti ftp-g-vdia-q Off 6 Page ; X)f : tttabnhifiir*a:;pllot;lprdjeett'JLII . medical seniicb�couric i 'tlie'�3]uxpode °bf•prb'vidiitg training 'to eiiieiggney m4 AQd-#r ,4f A01P WsYipiwor othpr.broadcast rao.dium-,Prozramn on. or before, Decemben. ' 04o a, pQp .,9th '0.-_.'jffqq of" n suil p ro gramming ng, 9 # # �, 6 Ovensgs 1p ' jd4 . jj _ V .�jning,.)e r- C _ Timm in p 0 97, L 198 172,. 1 .. Historical - and Stitutory N4tes 4 A d, 672,te I a - I a. FhOle'A' by a 4ct'sh9U e&ct Itninedlitily, 'V i8 e1: .j 2;. o. Agg..."t, 1084ro. Oilr&id" ; 1oviWerj`tKe gifi &dment td.--gee .- tibli -b Vtl� "ThIp. • take qffAqt on the ti by section one of this: act;•shili n4faffse*t .04.Iday--aftg" t' on In rJt.'ihR11 }rave bKOMO A JRW , a. 11 "11 st0h '4eTobri, and shall 9� n be:d6em rp"' b d pealed e Ot 4P— "., &:­ '0", . - d h . an 4cem e 30a M­ , * lti :1998, c. 572: Far D N'i meffi6riinaa relatiniCto this T4w, tag:. rt. 'My"LeNIMiVe law; Cl. kdMcKlfifieY%1-199746" 30". 'VQ JUPt a janer Iti'viej�.kLn aM'-b MUOje C - service n Historical and"Statutory N46' Repeil of Section; t as a note Linder �$cp iepeW6d bi' 1M ft' Jon= . " . 1, - �., .. 3006a. . § -' 'e - I S � – , .., 49 A1,1 , 'h ... . - 3, ATAUCL " 90AUT11, LAW Notihqi AMbigancie Service, Inc. i - 1De0tALMytMhj Mt6nij`114 WB2&546p494'N..YjB.2d(163 :;:. , ;� auppa���r��,r AoAklx A i4�144*1- is ; 3ow ,.Quali irnprpyemj�pt Notes I i■C 10 �A 09cU I ' i Documents by ambulance..ag Wee In Its investigation of'pstlentlg ilea were • not Protected- . 60M.' - discovery WMgM1118atb-action.under statute #G requires, ambulance services snd-'iZdZn& $008 'AP01iCkL(j6n'sTd de sir L Every application fqr , wdeiez v*t1ng,. to, .the.4 _ pp qqg% Z ip ng witWiv-0hich thii..applig=Mrequsat Shall •bd In mall by.-tfieappm _Vila to:. general hbsplt;Js ' ambulance as md, same county or counties where thf shall. provide opportuni for6l­&g ty m ant J : as and n tite goun 1'"" 4-2.. Th.#. , V 'L " de 0 bij e L Is. " or env: idmiimrm, § 90-09 MULMW; anci to ,r We a ; advanced 7 Declojigns -.1ve 4a ppo rt H e i t e - 0 k 4 . . U at • -pP ea*t 11. t lit o prod, o0a CA qn. (4:;DePL• 1996) 222 A.t) 1080. 889. ,in , ritions 6fpublk - need iziadoY ' b.Vpublie neeCeholl, be made in Uncil, ARE specify the.p territory.. to operate, be verified under oath, and !h•jnf9rma#on as by the rules to - this article. be-joTW,Ar.�i d' b' 1 � , Ytxdgistdved, or, cq Nfidd ICU thiqhiefvexecutive � bi&ers) ofi All and munlcloalitfe4 operatingwithinihe le"C�B , The notice . �di�)�7e�e� l a�� 4 13r� " I ' kt P or r, the state' coup i; - all nia4jts PJJBLWC. HEATH 14AW, NOts 2• 'ran"' of funMilanca csrtlficaEeQ,� , V. New, Ygrk eta l�epk of _Health 2d (a the eb�e allegitt�uri ofs #iRtrn.Yirs:g c�iagpati- .epic '1895 HBO' A 2d �XS sal, ri .X.S tive`ii�iiiy�. Truy'ArtlliuTsnee 8eryi�a Inc. 93: ,. .. - ., -. § 301:1. Powers - and' dutteff- of -the department• and: the cdmmis- sioner' - 1. The montlmaY:i lti4le �nw'the. ion of ambulance services iris) advanced life stippei first'r'espo pg serytces_ anti coni3uet periodic ipspec- tions of facilities, communication servrhes; vehicles, methods, } ioceduree, mdte- rialsl ataff4nd•equipment' 4V iAa 'al9d'evaivate data•receWed'frodi ambulance sexvicea amd advancfed llfe'ahppait= first response setni, bes, 2. ''fi`ha deiartinisiit ;may redUti'e ' ambul'a'nce 'serdicas and advanced life s4ppit first'FAs Once seMce"s''to submit` periodic` reports of ealls''reeeived, services performed and such 'other• inforri"iLgo' 'as zciay ie necessary to Barry oui'fhe prbAilons' iLrticle'. 3.. The com}niss oner, with the .pdvicg and consent of the state coancu, shall deaiggito. not mor,e_.than .Big) tetien gsogra iliic areas withip the state rrihe ;Bin a ragibnal 'emergency • "dies)'. services eoturc;l'4� 4 "be 66bli's'Iiad.. - Iii .making d�terminatiop,o . a g #4B'r4l?h a eyrga' the corntzdsstoner' shall take into caneidera pri: the.. re ante, of r:+ w arfi�ince,peivles,'ligspital faciltiee, existing ewe .Tpncy, inediea , s @rvirii�k Qon4?rritteea, "trained' Health ,personnel,, lid' plsnqurg_;aiiciea_ aria roznniip�ctai gad Baliepotatton fay } }Iitiea; slid shall aaiabli e$ooi R4pi: -Ir or #;n_cy ; itredi�al..'servla¢a .'gouncil for the epsintf • 'of 'N�aasau: �.'he'corritixissioner g1rall' '��onioEe , slid" �neotrrage:'tlae esi 8b1'lstriileti't' gf a regictl l' eifn enGy medics]` services ecl"611 in Bach of "said des�gil &te`d , . = d.. The wruthiss oner trlay.propose l'ulas and- rpgylations and ainandrnenta thereto for consideration by�the cQunhi)...The commiesioner..shall ee - lish...4 schedule of'. eertificatio.ipleea mbuldnce services and advanced ^ life support first. response services, gather. -than volgntary•ambulance services and voluntary advanced life. guppok, firat:xesponee eeru�ices...,_ .; 5: ' For .the 3purpose - ofapromoting- the.' publiq b6alth, safety and wolf tra the commissioner -•ls• hereby:suthorized =anti- empowered %.to jcobtract•:with voluntary ambuk ca-servieewand triu7il'eipal ambulance. ;V. th•the sion&4 fire! districts. oper!atigiuvoluntary =aml hlancp ;services, upon. Such terms and conditions as die Wall deem appropriate and within amounts made: available therefor, for reiinburaement of the neeessa}rr -d: Incidental. costs incurred by such ambulance'services in order to effectuate the provisions of this article. . Y r.np. �,s^ t :• r' � r . . 6. The commissioner is.hereby suthorizod,.for the purposes of.affectuating the: provisions of this • article - •JA'! the• develdpment •a: statewide emergency medical service systerb, to contraet:with anyambulance Med orwith the fire commissioners of fire districts. - operating-tertlfidd voluntary ambulance - ser- vices for the use of necessary equipment upon such terms and conditions as the commissioner shall deem.appropr}af e• , s: x 7. The commissioner may recommend to the state- council minimum qualifi- cations for certified first responders. -4W `soh shall not exceed . fifty -one hours), emergency;, medical technicians, ancj„ gdvanced .emergency - medical- technicigne in. 011:- phaaes,.of emerggricy medical „F,echnoiogy including' but not Iimitied "fo, coauirt ricatiorie ;..firat.gid; equipment maintenance, emergency -techniques and pr&ad& -es; patient .;managaernenb ;and;Icnowledge of procedures, and equipment for emergency medical cars: - 8 - The �cbpiiisBiQ#e': shall provide every • c�artlfied�s�nbularicg service and PIIkIC HEALTH LAW § 3017 be - attached to .every vehicle owned or m erated by a certified ambulance service or life h4p6rtf"ir�t espon e-service. pr r"The•depk�t t ent s)x1i11'•prdd" e,'Oeuncil with - such'assistanea• as the council) may. requhst.lnorder to ;.camr - it's•responsibilities- asset forth in subdivision two-s. of section three thousaiid . .p of'this ..110. • The- cmnmissioudrAs -hereby authorized, and empowered to extend the certification for emergency medical ins.or advanced- emergency! medi- eal=techniciana who..hava peen fpdi�%I�y ord,wed� to active military duty,, 'hp, for`trsinir}g;.reIa ,.d; o'the:Persian (i'a. crisis an .*hose certification will expXie' during tliei; �;nlitiy ;duty.: The ext nded certification ;shall lie for Lt►e period of military duty and for six months fter the'Y' tiave fieen released from active military duty. 1. .The comnusainne ;, with the advice and consent of the state council, shall priomulgate kules .;6d, regulatao6a ne essary to eri$ure compliance with the provisions of suhdivisfon.two of section ixty -seven hundied 'thirteen of the education law. (As aritended L.1995, c. 692, $ 8,) 'HiAdHeal abd Stat tory Notes 1996 Amendments:` 9ubd, 11. L.I996, Li 6, c. 642, eff. Aug. 2, 1996, provided c� 542, 5 a, added subd. 11. For off. date the any rule or re: ation neceaearyy.for See note belo Ini letaentatinn thereof:bn said effective Effective Date of Amendment by da Shall be authorized and i3lreetedto be L:1996 e.••642;'•Prer%ulgatihnv'df •Rulda mp a and completed- by J L . 4 29, 1996, + p, suaAt:to L 1 c.' 642, $ 9; jet out as and° Regulations. Amendment by a n� to wader Education'Low $ 6713.' § 8012. Enforcement Notes of DecWone Ineompetance or inadequate aer►dco 1 1. Incompetenc4 orii� irate service State health cosafrilio�i : "d 'cbticluaion, that ambulance operator's single failure to trahsport up9vaponsive patient to medical 1,11k Was•.sufficient to demonstrate: b!l y to-,proW&- adecl� ate ambulance aer- Vic - in. violation of former health..law pr visI... ,arias .reasonable. end .rational. La ,eland I'"1re,Dept . v. De Buono .(a Dept. I o 266. A:1 M 987, 673 N.Y.8.2d `244. § 3018. Immunity from liability L'aw # cviaw A64 lourns l Commentaries Liability for negligence - by emergency mi4ei technicians. Thomas A. Moore and Matthew Galer, 222 N,L,J. 8 (Dec, 7, 1999 . § 3417. Emergeney.lRedical Suffolk county (Rgmaied by La 994, i" 57 .� $, .eff. an. ,1, 20081 1: No ambulance service or advanced - life support first response service shall respond to .any a�A or request for e . e ency medical services within a town, village mr` fire” diMrt `in ' &OIk cot my #hat `currentljr provides - ambu- lance service or advanced life support se 'cos first response service, if -the municipality has desio iced one -.on more bulance services or advanced life support first rosponse to respond th such ealln tinlasiw. i, PUBLIC HPALTH LA - r i) . tha 11 ,is ,ln ,smcprdapep• with, a.lni;tual..aid- plan ap�0yed -by ,the appropriate regional emergencyrdical.$grvieepuiaei1; .,:, ... ; .,(c), th�eeigonQgt a : ver}Pal t���t#+k?al.aid,requt rom d service; Ad)' dies: servieq�v. ais. : xequsated tai respond,-by- the:'patient or aomeoine'acting on boW nfftli=at #On':= ' ( e)' tho .'re:sVoitse�siteds'a licensed wder twenty eight of this 614ter-forvtral er to. another- =such facility; . r •'�•' ` Ever'�y► aml'i�nlaxto�`sei�tiee - dr advanced aup�ort'ffi'at r"eepQltes$�sez+►ic� a}iat diitef'osee�aa paieE.'of`aiiy's'olidtatitili or: la`,' c��ertiseitietrt :iti'�uffaYlreounty'tlis't thei~ea,'le d tQe ior'tifQi�vi ee re�d'eiecf;'iP is f�et ier$'is'a`"f�e 'tot -the periori�iiiiice "oif `Ilucli gerviee: ; . ... .. •'; � • `. - � . 8. Every ambulance service ar adyaneed.life auppDrt tixst response aeme"s the 'opexelteel iri Stlffnll "coiliity' d'Tise�yvelitcTea c11 tra�e1 tlit`oygh eommu niti swath esignateii amibtilance ' servl 8'' nr ` dclvaiiced ilia atipgoK. first re sponse eeirvice sh11`xequir''its diveara'and' dit�ierehejr anedical'teehniciatis: (a) to immediately notify y central alarm or other publicly operated dispatch entity, or. a. person deaignated under section two hu ndi'ed`nine'b'af:tha general municipal law - to receive: • ea11s for emerg ; .1kas for the purpose of dispatching. emergency medical services w�" s&ever an emergency is found in a public place;; • ..:.:.. ; - d'. ; ,`• (b)ji svalivate. the ' ngQd Jto trquBp any patient found in extmmis to a hospital; :and . (. te'eamply wil,ti a pxpl}ite t `$�iatructiops .1 the; dispatch entity. 'fhe dispatch si►lity, what appra0. dl Tay instruct,•the. service to trpneport apy patient.to an appropriate hospital. (Added L.1994, c. 672, § 1.) Historical and Statutory Notes L.Itl�4, c. 572 leglelatian � 90 days after which it shalt have become a %A 894, 'c;' 'I.4 e § •2, ''ae amended' -lay law [beds lavJuly 96,1994; eff. Sept': L.T996, e. 86, L, ' 1;' - 998,: -d ' -§ `1; 1 19941 and the pro'viatona of thia act shall L.2D00, ecAs 1 -- *ff: June`$; pro remain in full force and effect until Janu- Vide s: ;'; » ary prk.which -datQ Etsahall•expire • "mhis'act "iAks effect' Wn'0e-:f st'. and dQ.emW tepWed:.' deb ;of the m6nth'be vinfifl feiat' ARTICLE 31-- HUMAN BLOOD AND TRANSFUSION SERVICES TITLE III. BLOOD DCNQ.RS 41'; THE AGE L1G�ITEI•,k NtAA9 "Ott _ OVER § 3124: Reporting system for hospitals Bdhd blood banks Rdleiii'd the City W -New York . Handling live pathogenic o'rganisnis, healtlC eode,:see 24 RCNY § 15.01 et seq, ARTICLE 33-- C6KTRUL D - SUBSTANCES' 'TIT—LE 1,•.•-GENERAL PROVISIONS . 'FUBLId - &,Tt - L - AW 31 Ulnlferm Controlled Subgtan,. s. : Act (1970 = 1990 • 1994_ Act) Tab1s of .1 W1ie 'n' h' : i070, 1990, and 3 Versions of the 4cit i?r ' Ift .i*eof No Been Adopted.'' ' Far taxi .of, s:rjnifarm flctai, tog her urith .variation notes and annotagon�mate'rxals fbr .adop trig, urt�idictia�ap,. see ,Unifw Laws Alabama .........................Code 19, 5, §§ 20 - - to 20 -- 190.... 1.010... to_ J•1.7L900„ . 17.30.010 t4 •.:17,30: , 00. Arizona . .......................A.R.S. § t-; SOl to 36 -2553. Arkansas .................... .ACA.§ 5- 64 -•ID1 to 5 -64 -•608. California .......................... Viitf A n.Cat.Health & Safety Code,. §§ 11000 . to .13.65, : °: ;• �,: • • Colorado . .......• .................West's C R.S.A. §§ 18 - - 101 to 18-•.18 - • 605, Connect! cut .......................C.G.S.A. §§ 21a - 240 to 21a - 283. Delaware .. .................16 Del.0 §§ 4701 to 4796, t)lstrlct of Columbia'......::..... , :D.C,COde 198Ty §§ }3:5'01' to 39 -572. Florida ........... Wests F S.A. §§ 893.01 to 893.165. ...... Georgia .......... ..........O.C.G.A, §§ 1 -20 to 16- 13 - ,56. Hawaii...... ................HRS 2R - 1.to3 9 - 58. Idaho .................... ........ I.C. § §- 7- 2701 - td - 3 -1-2751. ` Illinois ............... L ...... ., ...S,H.Ai 7 0.4 5701.100 tg 57.0/§Q3. Indiana ... ..West's A I ' C. 39- 4B -1 -1 to 35- 48 -1 -15. . ..... . ............ . l;C.A. �4 124.1'01 6'124'.602 •, . • .. ........... K.S:A•. •6' ;4101'to''6541'64 Kentucky. - `....:'r...........a•..-„::KRS 2.14 '0100118`A;993 Louisiana .............. :....:::.:. ;LSA-R:S 40:9f149 401945: Maine ........................... 17 -A ..M R.S.A.. J1 1101 to :1117; '22 - M.R.S.A. $§ 23 3, 23B9�A; 2383 -8. Maryland .........................Cgde 19..art,.27, §§ 276 to 303. A 7,. Massachusetts ................ .....'M'.G.1,: , c, 94C, if 1 to 48. V'chlgarv.•, ...,....................•. M:C.L.A, §§' 333,7101-to.333.7545. Mi nnesota . .......................M.S.A:'§ • 152.024o.352.2ML MISSISSIPPI. ........................Code 19 2 §§ 41 -29 -101 to 41 -29 -185. Missouri , , .. , ••.. e • f ..'• • • _. • • ,V .41 195.010 to.195.,32D.:, Montana ......... :............:MiA'3a 32- 10to•5G 32 -4d5:` : Nebraska..,.. ;.. ,.•.:• ...:......:....R.R4v19 Nevada.., .,.,;....,.. 3.plletse4• . New Jersey ..... ............. . f�.J.S A.' 2C:35 -1 io 2C-.1 2C:36 -1 to 2C:3 9 24:21 -lAa 24:21 =83', „•. Mew Mexico : ........... ... :NMS.A 79,. §§•'30:31 1 °to30�31,41 N orth Carolina .................... G.S. §§. 0-86 North Dakota .......... , . DCC 1 - 03,:1 -0� to 1R- 03.1 -43, l]hio:..: ,... .. .. :.....�:�:� §§ f 3�•Y4:94. • -•�'• Oklahoma .....,.°.: ' ....::.:.......:63'OkI:Sj;A#in. 4§ '2 101 to'2610. Oregon ...........................ORS 47 .OD5 to 425:285,. "475.295,: to 475.9 A, ' Pennsylvanla. ..35 P.S,• X80 -101 to 780 -144. Puend R1co.', . .24 l .P',ii A. §' §` 2101`to 2607: 'Rhoife I'slarid°:...::..,. .. Gen.i:aw 1956, ¢ §'"21 -2 =1:01. to 21 -28 -6:02. South- Carollna ..,t -;.. :.::.......:...Code 19 6, ` §§ 44:-5 &;­3'1D to D. 5'outh Dakota :...........:.......... ...SDCL 34 2DB- •hto;34:208•ki Tennessee,. t • • • • • . n� •C.A•. § .39-6-90IL -to. 39- ¢-g19, 53x11- 301 .to • .53 -11 414. Texas... ............... ........V.T.C.A., Health & Safety Code' 5§ 481.001 to .Utah ............ 11 0' A 101eq , - , • -- - ARTICLE 30 and ARTICLE 30A of the STATE OF NEW YORK PUBLIC HEALTH LAW Emergency Medical Services C.-11 REVISIONS AS PROVIDED FOR BY. ' CHAPTER 190 OF THE LAWS OF 2001 ' CHAPTER 349 OF THE LAWS OF 2001 ' CHAPTER 463 OF THE LAWS OF 2001 NEW YORK STATE DEPARTMENT OF HEALTH Emergency Medical Services Program 433 River Street Hedley Building, Suite 303 Troy, New York 12180 -2299 598 -402 -0996 FAX. 618 -402 -0985 Updated March 29, 2002 ARTICLE 30 EMERGENCY MEDICAL SERVICES SECTION 3000. Declaration of policy and statement of purpose. 3000 -a. Emergency medical treatment 3000 -b. Automated External Defibrillators; Public Access Providers 3000 -c. Epinephrine auto - injector devices 3000 -d. Availability of resuscitation equipment in certain public places 3001. Definitions. 3002. New York state emergency medical services council. 3002 -a. State emergency medical advisory committee. 3003. Regional emergency medical services councils 3003 -a. EMS program agencies. 3003 -b. Emergency medical service training; cable television 3004. REPEALED '004 -a. Regional emergency medical advisory 005• Ambulance service certificates 005-x. Staffing standards; ambulance services and advanced life support first response services. 305 -b. Emergency medical technician five year re- certification demonstration program ?06. Quality improvement program. 107. Notice of altemative destination. 1 08. Applications for determinations of public need. 09. Continuation of existing services. 10. Area of operation; transfers. )://www.healt h..state.ny.lis/nysdohlerns/art3O.htm sE4&i L Vl L4 11/04/2004 Emergency Medical Services (EMS). 3011. Powers and duties of the department and the commissioner. 30 12. Enforcement_ 3013. Immunity from liability. 3014. Construction. 3015. " Separability... 3016. Continuance of rules and regulations. 3017. Emergency Medical Service, Suffolk County. 3030. Advanced life support services_ 3031. , Advanced life support system. 3032.- Rules and regulations. ARTICLE 30-A EMERGENCY MEDICAL SERVICES TRAINING 3 050-S hort title. 3051. Declaration of purpose. 3052. Establishment of a training program for emergency medical services personnel. 3053. Reporting. SECTION 3000. DECLARATION OF POLICY AND STATEMENT OF PURPOSE. rd8t; G u1 LG The furnishing of medical assistance in an emergency is a matter of vital concern affecting the public health, safety and welfare. Prehospital emergency medical care, the provision of prompt and effective communication among ambulances and hospitals and safe and effective care transportation of the sick and injured are essential public health services. it is the purpose of this article to promote the public health, safety and welfare by providing.for certification of all advanced life support first response services and ambulance services; the creation of regional emergency medical services councs• and a New.York state emergency medical services council to develop minimum training standards for certified first responders; emergency medical technicians and advanced'emergency medical technicians and minimum equipment and communication standards for advanced life support first response services and ambulance services. SECTION 30 00-A. EMERGENCY MEDICAL. TREATMENT. I. Except as provided in subdivision six of section six thousand six hundred eleven, subdivision two of section six thousand five hundred twenty- seven, subdivision one of section six thousand nine hundred nine and sections six thousand five hundred forty -seven and six thousand seven hundred thirty -seven of the education law, an who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene'of an accident or other emergency outside a hospital, doctor's office or an proper and other lace havin y person necessary medical equipment, to'a person who is unco g nscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or Omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person. Nothing in this section shall be deemed or construed to relieve a licensed physician, dentist, nurse, physical therapist or registered physician's assistant from liability for damages for injuries or death caused by an act or omission on the part of such person white rendering professional service or her practice. s in the normal and ordinary course of his 2. (i) A person who, or entity, partnership, corporation, firm or society that, purchases or makes avaiiable re suscitation equipment that facilitate first aid, an automated external defibrillator or an epinephrine auto - injector device as required by law or local law, or (li) the emergency health care provider with a collaborative agreement under section three thousand -b of this article with respect to an automated external defibrillafor, or ill the emergency health care provider with a collaborative agreement under section three thousand -c of this article with respect to use of an epinephrine auto - injector device shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person's or enfity's, partnership's, corporation's, firm's, society's or the emergency health care provider's liability for his, her or its own negligence, gross negligence or intentional misconduct. )://www health .state.ny.us /nysdoh/erns /art3 O.htm 11/04/2004 SECTION 3000 -B. AUTOMATED DEF PUBLIC ACCESS PROVIDERS 1 Definitions. As used in this section, unless the context clearly requires otherwise, the following {arms shalt have the following rneenings: A) "Automated external defibrillator" means a medical device, approved by the United States Food a nd Ad ministr a ti on, ventricul rcul ar tachyy cardia; (1!) is cap that: a capable of recon rapi izing the presence or absence, in a patient, of ventricular fibri and rapid a of determining, without intervention by an operator, whether defibrillation should be performed on the patient; (111) upon determining that defMilation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; 'and {IV) then, upon action by an operator, delivers an appropriate electrical impulse to the patienf s heart to perform defibrillation. $) "Emergency Health Care Provider" means: (1) a physician with knowledge and experience in emergency cardiac care; or (11) a hospital l the delivery o icensed under article twenty -eight of this chapter that provides ry f emergency cardiac care C) "Public access dofrbrillation provider" means a person, firm, organization or other enti� an automated external defibrillator pursuan to a collaborative agreement under this section ossessing or operating D) "Nationally- recognized organization" means a national organization approved by the department for the of training people in use of an automated external defibrillator. purpose 2. Collaborative agreement. A person, firm, organization or other entity ma an automated external defibrillator pursuant to a collaborative agreement w th an emergency Possess t ared provider. er The collaborative agreement shall include a written agreement that incorporates written Policies and procedures that shall assure c a co of the co practice protocols, and pliance with this section. The public access defibrillation .provider shall file copy e collaborative agreement with the department and with the a ro riate regional council prior to operating the automated external defibrillator. pp p 3. Possession and opeation of automated external defibrillator. Possession and operation of an automa defibrillator by a public access defibrillation provider shall comply with the following: ted external A) No person may operate an automated external defibrillator unless the person has sf training course in the operation of an automated external defibrillator succ essfully completed a fully come brillator approved by a nationally-recognized ucce ullple organization or the state emergency medical services council, and the completion of the course was recent enough to still be effective under the standards of the approving organization. However, this section shall not prohibit operation of an automated external defibrillator, (1) by a health care practitioner licensed or certified under title Vill of the education law or a person certified under this article acting within his or her lawful scope of practice or (ll) by a person acting pursuant to a lawful prescription. B) The public access defibrillation provider shall cause the automated external defibrillator to be maintained and tested according to applicable standards of the manufacturer and any appropriate government agency. C) The public access defibrillation provider shall notify the regional council of the existence, location and type of any automated external defibrillator it possess. D) Every use of an automated external defibrillator on a patient shall be immediately reported to the appropriate local emergency medical services system, emergency communications center or emergency vehicle dispatch center as appropriate and promptly reproted to the emergency health care provider, E) The Emergency Health Care Provider shall participate in the regional quality improvement program pursuant to subdivision one of section three thousand four -A of this article. 4- Application of other laws. A) Operation of an automated external defibrillator pursuant to this section shat considered first aid or emergency treatment for the purpose of any statute relating to liability 3 1 be automated external defibrillator pursuant to this section shall not constitute the unlawful practice of a Profession under title Vill of the education law. CTION 3000 -C. EPINEPHRINE AUTO- INJECTOR DEVICES. Definitions as used in this section- :Ilwww-healtb. state.nY.us/nysdOh/ems/art3 0.htm 11/04/2004 (A) "eligible person, firm, organization, or other entity" means (i) an ambulance service or advanced life su medical technician, or advanced emer en PPort first response service; a certified first responder, emergency such service; g cy medical technician, who is employed by or an enrolled member of any {ii) a children's overnight camp as defined in subdivision one of section thirteen hundred ninet o f this chapter, a summerday camp as defined in subdivision one of section thirteen hundred ninety - six of this chapter, a traveli tY summer day camp as defined in subdivision one of section thirteen hundred ninety - nine -b of this chapter or a person employed by such a camp; or n g (iii) any other person, firm, organization or entity designated pursuant to regulations of the commissioner in consultation with other appropriate agencies; and all subject to regulations of the commissioner. (B) "emergency health care provider" means (i) a physician with knowledge and experience in the deiive ry of emergency care; or (!i) a hospital licensed under article twenty -eight of this chapter that provides emergency care. 2. Collaborative agreement. Any eligible and use epin person, firm, organization or other entity ma ephrine auto- injector devices pursuant to a coll sses aborative agreement with an emergency y purchase, acquire, po heal #h care provider. The collaborative agreement shall include a written agreement that incorporates written practice Protocols, and policies and procedures that shall ensure compliance with the provisions of this section. The ersv firm, organization or entity shall file a copy of the collaborative agreement with the department and with the appropriate Regional Council prior to using any epinephrine auto - injector device. p n, 3. Possession and use of epinephrine auto- injector devices. Possession and use of epinephrine auto - injector de v shall be limited as follows. J vices a. no person shaft use an epinephrine auto - injector device unless such person shall have successfully completed a training course in the use of epinephrine auto - injector devices a Pursuant to the rules of the department. This section does not prohibit the use of an auto- injector device (i) by a health care practitioner licensed or certified under title gight of the education law acting within the scope of his or her practice, or (ii) by a person actin Pursuant b: every person, firm, organization and entity authorized to possess and seepinephr auto inJ jectorde vices pursuant to this section shall use, maintain d d regulations of the department and of such devices pursuant to c. every use of an epinephrine auto- injector device purusuant to this section shall immediately the emergency health care provider. Y be reported to 4. Application of other laws. a. use of an epinephrine auto - injector device pursuant to this section shall be considered first aid or emergent treatment for the purpose of any statute relating to liability. b purchase, acquisition, possession or use of an epinephrine auto - injector device pursuant to this section Y not constitute the unlawful practice of a profession or other violation under title eight of the education law or article thirty -three of this chapter. coon shall C. any person otherwise authorized to sell or provide an epinephrine auto - injector device may sell or provide it to a person authorized to possess it purusuart to this section. SECTION 3000 -U. AVAILABILITY OF RESUSCITATION EQUIPMENT iN CERTAIN PUBLIC PLACES. I. For the purposes of this section, the following terms shall be defined as follows; a• "Bar" means any establishment which is devoted to the sale and service of alcoholic beverages for on- premises consumption and in which the service of food if served at all, is incidental to the consumption of such beverages. b. "Health club" means any commercial establishment offering instruction, traini fo ng or assistance andlor facilities the preservation, maintenance, encouragement or development of physical fitness Orwell being. "Health club" as defined herein shall include, but not be limited to health spas, health studios, r martial arts and self defense schools or any other commercial establishment offering a similar course t physical training. gymnasiums, weight control studios, C. "Owner or operator" means the owner, manager, operator or other person having control of an establishment. d. "Public place" means a restaurant, bar, theater or health club. e. "Restaurant" means any commercial eating establishment which is devoted, wholly or in part, to the sale of food f or on- premises consumption. f. "Resuscitation equipment" means. (i) an adult exhaled air resuscitation mask, for which the Federal Food and D Administration has granted permission to market, accompanied by a pair of disposable gloves and exhaled air resuscitation mask, for which the Federal Food and Drug Administration has is rug market, accompanied by a pair of disposable gloves. granted permission (i�) a Pedi I. "Theater" means a motion picture theater, concert hall, auditorium or other building used f primary purpose of, exhibiting movies, stage dramas, musical recitals, dance or Other simlar performances. the 'he owner or operator of a public place shat have available in such public place resuscitation eq€iipment in quantities ://www.healt h.state.ny.us/nysdoh/ems/8ft3O.ht m 1 1/04/2004 — adequate by the department. Such equipment shall be readily accessible for use during medical eme u �. 4 � - Any information deemed necessary by the commissioner shall acco equipment equipment shall be discarded after a single use. mpany the resusci #anon rgerici es � -- qu pment. Resuscitation 3. The owner or operator of a public place shalt provide notice to patrons,. by means - -_� means-of written communication, indicating the availability (If trainsn resuscitation equipment for emerg information on how to obtain cardiopulmonary resuscitation ,The y ofisigns, printed material or other notice shall be determined in accordance with rules, promulgated by the commission Use and providing g type, size, style, location, and language of such concerns of the public places within the scope of this department shall make signs available pursuant to #his subsection er. In promulgating such rules, the commissioner shall take Into consideration the handling expenses. it may charge a fee to cover rinti nectian. if the - p, g, postage and - 4. Any owner or operator of a public place, his or her employee or other agent, or an _. without expectation of monetary compensation renders emergency treatment using the resuscitation equipment pursuant to this section, to a person who is unconscious, ill or in'u Y other person who valuntarilyand -.- thousand-a of this article. 1 red, shad only be liable pursuant to sect on three quired 5. Nothing contained in this section shall impose any duty or obligation on any owner or o era her employee or other agent, or any other person to provide resuscitation assist emergency. ance to the victim of a A tarot a public place, his or medical . 5. Nothing in this section shall be construed to restrict the power bf any count city to additional local laws, ordinances, or regulations which comply with at least the mum applicable 'standar this article. mini tY tY, wn, or village to .adopt and enforce set forth In SECTION 3001. DEFINITIONS. As used in this article, unless the context otherwise requires: 1. "Emergency medical service" means initial emergency medical assistance including, but not limited to the treatment of trauma, bums, respiratory, circulatory and obstetrical emergencies. 2. "Ambulance service" means an individual, partnership, association, corporation, municipality or entity or subdivision thereof engaged in providing emergency medical care and the transportati ' Persons bymotor vehicle, aircraft or other forms of transportation to, from, or between general hoe any legal on of sick or injured public care facilities, nlured hospitals or other health 3. 'Voluntary ambulance service" means an ambulance service (i) operating not for Pecuni (ii) no part of the assets or income of which is distributable to, or ensures to the benefit of, its rrr�embersfiiar�cral gain, and Officers except to the extent permitted under this article. . , clots or 4. "Voluntary advanced life support first response service" means advanced life support first response s lot for pecuniary profit or financial gain, and (il) no part of the assets or income of which is distributable to or e nures to he benefit of, its members, directors or officers except to the extent permitted under this article, servic {!} operating "Certified first responder" means an individual who meets the minimum requirements established b. trrsuant to section three thousand two of this article and who is responsible for administration k and injured persons, of initial life saving a 'c y regulations g re of "Emergency medical technician" means an individual who meets the minimum requirements established b rrsuant to section three thousand two of this article and who is responsible for administration or supervision of nergency medical care and transportation of sick or injured persons. initial Y regulations . 1 "Advanced emergency medical technician means an emergency medical technician who has s ' advanced course of training approved by the state.council under regulations pursuant to sectio .- article. a #isfactorily completed n three Thousand two of State council" means the New York state emergency medical services council established u A rsuant to this article. Regional council" means a regional emergency medical services council established pursuant to this article. ://w-ww.health. s t ate.ny.us/nysdoh/ems/art3O.ht m i t /f14 I')rinn I --/ I asc V 10. "Enrolled member" means any member of a voluntary ambulance service or voluntary advanced life support first response service who provides emergency medical care or transportation monetary compensation. of sick or injured persons without expectation of 11. "Advanced life support care" means defnitive acute medical care provided, under medical control, by advanced emergency medical technicians within an advanced life support system. 12. "Advanced life support system" means an organized acute medical care system to provide advanced life su ort on site or en route to, from, or between general hospitals or other health care facilities. PP care 13. "Advanced life support mobile unit" means an ambulance or advanced life support first response vehicl Provide advanced life support services pursuant to this article. e approved to 14. "Qualified medical and health personnel" means physicians, registered professional nurses and advanced erner errc medical technicians competent in the management of patients requiring advanced life support care. g y 15. "Medical control" means:(a) advice and direction provided by a physician or under the direction of a physician to certified first responders, eme en tec medical care at the scene of anem�ergenc o en cians #e to a ca a emer and (b) medical conofrafe1 the written policies, procedures, and protocols for prehospital emergency medical care and transpbrtatiomdeveioped y the state emergency medical advisory committee, approved by the state emergency medical services council and the commissioner, and implemented by regional medical advisory committees. 18.. "Regional medical advisory committee" means a group of five or more physicians, and one or more non-voting individuals representative of each of the following: hospitals, by the affe basic life support providers, advanced life support providers cted regional emergency medical and emergency medical services training sponsor medical directors approved services councils. 17, ° Advanced life support first response service" means an org does not transport patients. anization which provides advanced life support care, but 18.7EMS program agency" means a not -for profit corporation or municipality designated by the state council and approved by the affected regional council or councils to facilitate the development and operation of an emergency medical services system within a region as directed by the regional council under this article. 19. "Operator" means any person who by reason of a direct or indirect ownership interest (whether of record or beneficial ) has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of an ambulance service or advanced life support first response service. 20. "Mutual aid agreement" means a written agreement, entered into by two or more ambulance services or advanced life suppoT# first response services possessing valid ambulance service or advanced life support first response service certificates or statements of registration, for the organized, coordinated, and cooperative reciprocal mobilization of personnel, equipment, services, or facilities for back -up or support upon request as required pursuant to a written mutual aid plan. An ambulance service and advanced life support first response service may participate in one or more mutual aid.agreements. 21. "Primary territory" means the geographic area or subdivisions listed on an ambulance service certificate or statement of registration within which the ambulance service may receive patients for transport. iECTION 3002. NEW YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL. There is hereby created in the department of health the New York state emergency medical services council. The state ouncil shall consist of thirty -one members. Fourteen members to the state council s hall be appointed by the ommissioner and shall be representative of each geographic area of the state. At least one member shall be :presentative of the interests of the general public_ Other members shall be knowledgeable in various aspects of 'nergency medical services and shall include, but not be limited to, representatives of voluntary ambulance services, ivanced life support first response services, ambulance services operating for profit, municipal ambulance services, )spitals, a statewide organization representing volunteer.tire services, municipal tax districts providing ambulance !rvices, physicians, and nurses. The commissioner shall also appoint a representative from each regional council, from Minatfons received from the appropriate regional council. The members of the state council shall elect a chairperson P 11/04/2004 1 ary ! vi 6.L. from among the members of the state council by a majority vote of those present, .who shall serve for a term of one year and until a successor is elected. 2. The state council shall have the power, by an affirmative vote of a majority of those present, subject to approval by the commissioner, to enact, and from time to time, amend and repeal, rules and regulations establishing minimum standards for ambulance services, ambulance service certification, advanced life support first response services, the provision of prehospital emergency medical care, public education, the development of a statewide emergency medical services system, the provision of ambulance services outside the primary territory specified in the ambulance services' certificate and the training, examination, and certification of certified first responders, emergency medical technicians, and advanced emergency medical technicians; provided, however, that such minimum standards must be consistent with the staffing standards established by section three thousand five -a of this article. Until January first, nineteen hundred ninety-seven, no minimum standards shall be established for services provided by a voluntary ambulance service operating solely pursuant to a statement of registration issued under section three thousand four. The curriculum for certified first responder training shall not exceed fifty -one hours including prerequisites. The state council shall have the same powers granted to regional councils by this article in any region of the state in which a regional council has not been established. 2 -a. In furtherance of the powers set forth in subdivision two of this section, the state council shall provide to the trustees of the state university of New York such information and recommendations as may be requested by such trustees to assist such trustees' study of the feasibility of community colleges' and state university of New'York agricultural and technical colleges' offering credit and noncredit courses which would satisfy the educational requirements.for certification and recertification of emergency medical technicians and advanced emergency medical technicians. 2 -15. (This section effective until July 1, 2006) The commissioner, in consultation with the state emergency medical services council, shall develop a pilot program in at least six regions of the state (including the western New York and capital regions) to allow emergency medical technicians and advanced emergency medical technicians who have been in continuous practice, who have demonstrated competence in completion of appropriate continuing education, to renew their certification under subdivision two of this section without requiring the completion of a written examination. In implementing this program the commissioner shall contract with and use the standards established by a nationally recognized organization that certifies emergency medical technicians and advanced emergency medical technicians. However, no pilot program shall include employees of a municipal ambulance service in cities with a population over one million. Renewals of certification under the demonstration program shall be deemed equivalent to renewals under subdivision two of this section for purposes of this article. Within one year of developing the demonstration program and annually thereafter, the commissioner shall report to the legislature on the impact of the program on the quality of patient care, the effectiveness of the program in retaining certified emergency medical technicians and advanced emergency medical technicians, and the feasibility of replacing the state's certification program with.a national certification program. 3. Upon appeal from the appropriate regional council, the state council shall have the power, by an affirmative vote of a majority of those present, to amend, modify and reverse determinations of the regional councils made pursuant to subdivision five of section three thousand three and section three thousand eight of this article. All determinations of the state council respecting applications for ambulance service certificates or statements of registration or respecting the revocation, suspension (except temporary suspension), limitation or annulment of an ambulance service certificate shall be subject to review as provided in article seventy -eight of the civilpractice law and rules. Application for such review must be made within sixty days after service in person or by registered or certified mail of a copy of the determination upon the applicant or holder of the certificate. 3 -a. Upon appeal from the applicant, the department, or any concerned party, the state council shall have the power, by an affirmative vote of a majority of those present, to amend, modify and reverse determinations of the regional councils made pursuant to subdivision five -a of section three thousand three of this article. All determinations of the state council with respect to exemptions shall be subject to review as provided in article seventy -eight of the civil practice law and rules. Application for such review must be made within sixty days after service in person or by registered or certified mail. 4. The term of office of each member shall be two years. Vacancies shall be filled by appointment for the remainder of an .inexpired term. The members shall continue in office until the expiration of their terms and until their successors are Ippointed and have qualified. No member shall be appointed to the state council for more than four consecutive terms. i_ The state council shall meet as frequently as its business may require. The presence of a majority of the members shall :onstitute a quorum. The members of the state council shall receive no compensation for their services as members, but :ach shall be allowed the necessary and actual expenses incurred in the performance of his or her ection. duties under this ttp. / /www.healtb. state .ny.us /nysdoh/6ms /art30.btm 11/04/2004 0144 6. the commissioner, upon request of the state council, shall designate an officer or employee of the department to act as secretary of the state council, and shall assign from time to time such other employees as the state council may require. 7. No civil action shall be brought in any court against any member, officer or employee of the state council for any act done, failure to act, or statement or opinion made, while discharging his or her duties as a member, officer or employee of the state council, without leave from a justice of the supreme court, first had and obtained. In no event shall such membe . officer or employee be liable for damages in any such action if he or she shall have acted in good faith, with reasonable r care and upon probable cause. ' 8- The state council shall, after consultation with the department and the regional councils, forward to the commissioner not later than December first an estimate of the amounts needed to provide adequate funding for emergency medical services training including advanced life support at the local level, regional medical emergency services councils, emergency medical services program agencies, the state emergency medical services council or other emerg medical services training programs to carry out the purposs article and article thirty -A of this chapter. Such temporary president of the senate, ency es of thi estimate shall transmitted without change by the commissioner to the governor, the division of the budget, the the legislature. the speaker of the assembly, and the fiscal and health committees of each house of SECTION 3002 -A. STATE EMERGENCY MEDICAL ADVISORY COMMITTEE. I. There shall be a state emergency medical advisory committee of the state emergency medical services council consisting of twenty -nine members. Twenty -one members shall be one from each regional e .physiclans appointed by the commissioner, including mergency medical advisory committee and an additional physician from the city of New. York and at least one pediatrician, one trauma surgeon, and one psychjairist. Each of the physicians shall have demonstrated knowledge and experience in emergency medical services. There shall be eight non - physician non - voting members appointed by the chairperson of the state council, at least five of whom shall be members of the state emergency medical services council at the time of their appointment. At least one of the eight shall be an emergency nurse, at least one shall ba an advanced emergency medical technician, at least one shall be a basic emergency medical technician, and at least one shall be employed in a hospital setting with administrative responsibility fora hospital emergency department or service. The commissioner shall appoint a physician to chair the committee. 2.. The committee shall develop and recommend to the state council statewide minimum standards for. (a) medical control; (b) treatment transportation and triage protocols, including protocols for invasive procedures and infection control; and (c) the use of regulated medical devices and drugs by emergency medical services personnel certified pursuant to this article. The state emergency medical advisory. committee, with the consent of the commissioner, may issue advisory guidelines in any of these areas, which shall'not have the force and effect of law unless adopted as rules and regulations by the state emergency. medical services council. The state emergency medical advisory committee shall advise the state emergency medical services council prior to the issuance of any guidelines. The committee shall also review protocols developed by regional emergency medical advisory committees for consistency with statewide standards. 2 -a. Any decision of the state emergency medical advisory committee regarding medical control, protocols for treatment, triage, or transportation, or the use of regulated medical devices may be appealed to the commissioner by any required regional emergency medical services council, regional emergency medical advisory committee, ambulance service or advanced life support service, or certified first responder, emergency medical technician, or advanced emergency medical echnician adversely affected. (This section effective until 71112006) The commissioner, in consultation with the -slate emergency medical services ouncil, shall develop a pilot program in at least six regions of the state (including the western New York and capital :glons) to allow emergency medical technicians and advanced emergency medical technicians who have been in ]ntinuous practice, who have demonstrated competence in completion of appropriate continuing education, to renew - eir certification under subdivision two of this section without requiring the completion o written examination. in 'plementing this program the commissioner shall contract with and use the standards established by a nationally cognized organization that certifies emergency medical technicians and advanced emergency medical technicians. 7wever, no pilot program shall include employees of a municipal ambulance service in cities with a population over one Ilion. Renewals of certification under the demonstration program shall be deemed equivaient to renewals under bdivision two of this section for purposes of this article. Within one year of developing the demonstration program and nuatiy thereafter, the commissioner shall report to the legislature on the impact of the program on the quality of patient 'e, the effectiveness of the program in retaining certified emergency medical technicians and advanced emergency dical technicians, and the feasibility of replacing the state's certification program with a national certification program. :ach member shall have a term of two years, except that five of those first appointed shall have a term of three years. inbers may succeed themselves. , '//www.health.state..ny.us/nysdoh/cills/a r t3O.ht m 11/04/2004 4. The committee shall meet as frequently as its business may require. The presence of a. majority f ¢�� s �A 4 constitute a quorum. The members of the committee shall receive no compensation for their services as each shall be allowed the necessary and actual expenses incurred in the performa tY me members shall section. members; b ut p nce of his or her duties under this 5. No.civii action shall be brought in any court against any member, officer or employee of the co -- failure to act, or statement or opinion made, while discharging his or her duties as a member, officer or committee, with ouf leave from a justice of the supreme court, first had and obtained, mmittee . for any act done, officer, or employee be liable for damages in any such action if he or she shall In no event shad such member, , , employee of the — care and upon probable cause, have acted in good faith, with reasonable SECTION REGIONAL EMERGENCY MEDICAL SERVICES COUNCILS. I. The commissioner, with the approval of the state council, shall designate regional emerg cou ncils on or before .January first, nineteen hundred seventy -eight but in no event shall the number of regional co ency medical services ncils exceed eighteen. Such regional- councils shall be established on the basis of application for designation as regional councils nc submitted by local organizations, the members of which are knowledgeable in various aspects of emergency medical services. Such application shall describe the geographic area to be served and contain a list of nominees fora ointmen to membership on such regional councils and a statement as to the proposed method of operation in such detail as the commissioner, with the approval of the state council, -shall prescribe. Pp # 2. Each regional council shall be comprised of at least fifteen but not more than thirty members to be initially appointed by the commissioner, with the approval of the state council, from nominations submitted by Ioca1 organizations applyi f establishment as the regional council. Not less than one -third of the membership of the regional councils shall be representatives of ambulance services and the remaining membership of the regional councils shall consist of, b or n ot be limited to, representatives of existing local emergency medical care committees, physicians, nurses, hospitals health Planning agencies, fire department emergency arid rescue squads, public health officers and the general public The county EMS coordinator, established pursuant to section two hundred twenty- three -b of the coun any ty law of a ' within the region shall serve as an ex officio member of the regional council; provided, however, nothing in this subdivis�on county shall prevent a county EMS coordinator from serving as a voting member of a regional council Members council shall be residents living within the geographic area to be served by the regional council. The presence of a of each regional majority of members shall constitute a quorum, g 1 3. Each regional council shall have the power to: (a) have a seal and alter the same of pleasure, (b) acquire, lease, hold, and dispose of real and personal property or any interest therein for its purposes; (c) snake and alter by -laws for its organization and internal management, and rules and regulations governing he exec Of its Powers the fulfillment of its purposes under this article; such rules and secretary of state and the state.EMS council; regulations must be filed with the exercise (d) enter into contracts for employment of such officers and employees as it may require for the erfo rmance of its duties; and fix and determine their qualifications, duties, 'and compensation, and to retain and employ such personnel as ma y p be required for its purposes; and private consultants on a contract basis or otherwise, for the rendering of professional technical services and advice; or (e) enter into contracts, leases, and subleases and to execute all instruments necessary or convenient for th its business, including contracts with the commissioner and any state agency or municipal entity; and contracts with �tospitals and physicians for the purposes of carrying out its powers under this article; a Conduct of f) undertake or cause to be undertaken plans, surveys, analyses and studies necessary, convenient or 'ffectuation of its purposes and powers, and to prepare recommendations and reports in regard thereto; desirable for the J) fix and collect reasonable fees, rents, and other charges for the use of its equipment and the provision of its services• p 1) contract forand to accept any gifts or grants, subsidies, or loans of funds or ro p stye , or financial or other aid in any ' rm from the federal or state government or any agency or instrumentality thereof; or from any other source, public or ivate, and to comply, subject to the provisions of this article, with the terms and conditions thereof, provided, however, tP. / /Www. he alth. state .ny.us /nysdoh/erns /art3 p.htrn 11/04/2004 that the councils may contract for payment of debt evidenced by bonds or notes or other evidence of indebtedness, either directly.or through a lease purchase agreement _ (1) recommend to the department approval of training course sponsors within its region, and to develop, promulgate and. implement annually an EMS training plan which addresses the needs of its region; (j) enter into contracts or memoranda of agreement with other regional councils to provide services in a joint or cooperative manner; and to enter into contracts or memoranda of agreement with an EMS program agency to carry out one or more of its responsibilities under this article; (k) procure insurance against any loss or liability in connection with the use, management, maintenance, and operation of its equipment and facilities, in such amounts and from such insurers as it reasonably deems necessary; (1) approve regional medical advisory committee nominees; (m) provide focused technical assistance and support to those voluntary ambulance services operating under exemptions, to assist such services in progressing toward the uniform standards established pursuant to this section. Such assistance and support shall include but not be limited to, volunteer recruitment and management training; and (n) do all things necessary, convenient and desirable to cant' out its' purposes and for the exercise of the powers granted in this article. 4. Each regional council shall have the responslbility to coordinate emergency medical services programs within its region, including but not limited to, the establishment of emergency medical technician courses and the issuance of uniform emergency medical technician insignia and certificates. 5. The regional council shall have the responsibility to make determinations . of public need for the establishment of additional emergency medical services and ambulance services and to make the determinations of public need as Provided in section three thousand eight, The regional council shall make.such determination by an affirmative vote of a majority of all of those members consisting of voting members. 5 -A The regional emergency . medical services council is authorized-to grant an exemption from the staffing standards set forth in section three thousand five -a of this article to a voluntary ambulance service operating solely with enrolled members or paid emergency medical technicians which has demonstrated a good faith effort to meet the standards and is . unable to meet such standards because of factors deemed appropriate by the regional council. An exemption shall be for a period not to exceed two years and shall be conditioned on the participation by the voluntary service in a program to achieve compliance which shall include technical assistance and support from the regional council tailored to the needs and resources of the local level, as provided by paragraph (m) of subdivision three of the section, to be funded by the New York state emergency medical services training account established pursuant to section ninety - seven -q of the state finance law, such account as funded by a chapter of the laws of nineteen hundred ninety - three. Nothing shall prevent the regional council from issuing subsequent exemptions. Such exemptions shall have no effect whatsoever on the insurability of the organization receiving such exemption and such exemption shall not be used as a basis for increasing insurance rates or premiums related thereto, notwithstanding any other provision of law, rule, regulation, or commissioner's ruling or advisory to the contrary. Prior to issuing an exemption, the regional council shall provide written notice by certified mail to the chief executive officers of all general hospitals and municipalities in the county or counties within which the service requesting an exemption operates. Such notice shall provide opportunity for comment on the issuance of the exemption. Notice of the determination of the regional council shall be provided within ten days of the determination to the applicant, the department, and any party receiving notification of the application who requests notice of the determination. The applicant, the department, or any concerned party may appeal the determination of the regional council to the state council within thirty days after the regional council makes its determination. 6. The term of office of members of the regional council shall be' four years, except that of those members first appointed, at least one -half but not more than two- thirds shall be for terms not to exceed two years. 7. Each regional council shall meet as frequently as its business may require. 8. The commissioner, upon request of the regional council, may designate an officer or employee of the department to act as secretary of regional council, and may assign from time to time such other employees as the regional council may require. lrtp- / / v+'wwhealth. state.ny. us /nysdoh/ems /aro 0. htm 11/04/2004 •-' __I _.__t - -.-- ... - - - -- \ tea --., A CL6%' 1 1 V,L /-Z- 9. No civil action shall be brought in.any court against any member, officer or employee of any designated regional council for any act done, failure to act, or statement or opinion made, while discharging his duties as a member, officer oremployee of the regional council, without leave from a justice of the supreme court, first had and obtained. in any event . such member, officer or employee shall not be liable for damages in any such action if he shall have acted in good faith, with reasonable care and upon probable cause. 10. (a) The department shall provide each regional council with the funds necessary to enable such regional council to carry out its responsibilities as mandated under this section within amounts appropriated therefor. (b) Such funds shall be provided upon approval by the department of an application submitted by a regional council. The_ ' application shall contain such information and be in such form as the commissioner shall require pursuant to rules and regulations which he shall promulgate after consultation with the state council in order to effect the purposes and provisions of this subdivision. SECTION 3003-A. EMS PROGRAM AGENCIES:, 1. As provided by agreement with the commissioner or regional councils based on needs identified by the regional emergency medical services councils, an EMS program agency may be responsible for facilitating quality improvement of emergency medical care within its region, staffing the regional emergency medical advisory committees provided for in section three thousand four a of this article, providing prehospital education programs approved by the department, and other activities to support and facilitate regional emergency medical services systems. •2. The programs developed by the.agencies established by subdivision one of this section shall be implemented beginning in nineteen hundred ninety -three using funds collected by the New York state emergency medical services training account, established within the miscellaneous special revenue fund - 339 by section ninety - seven -q of the state finance law. 3. The portion of the funds collected by the emergency medical services training New York state account, established and allocated within the miscellaneous special revenue fund - 339 by section ninety-seven -q of the state fiance law, shall be adequate to support the costs incurred in implementing the programs described in subdivision one of this section. SECTION 3003 -b. Emergency medical service training; cable television Notwithstanding any other provision of law to the contrary, the department shall allocate funds from the New York state emergency medical services training account established pursuant to section ninety- seven -q of the state finance law for the purpose of establishing a pilot project in the county of Orange under the control and supervision of the Hudson Valley emergency medical service council for the purpose of providing training to emergency medical service field providers by means of cable television or other broadcast medium programming produced by a group such as the Fire Training Education Network. The Hudson Valley emergency medical service council shall on or before December fifteenth, tw thousand prepare and file with the commissioner and the state council a report with recommendations concerning, among other things, the effectiveness of such programming in training Emergency medical services field providers, SECTION 3004. REPEALED AS OF JULY 1, 1993. SECTION 3004-A. REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEES. 1. Regional emergency medical advisory committees shall develop policies, procedures, and triage, treatment, and transportation protocols which are consistent with the standards 'of the state emergency medical advisory committee and which address specific local conditions. Regional emergency medical advisory committees may also approve physicians to provide on line medical control, coordinate the development Of regional medical control systems, and participate in quality improvement activities addressing system -wide concerns. Hospitals and prehospitalmedical care services shall be authorized to release patient outcome information to regional emergency medical advisory committees for purposes of assessing prehospital care concerns. Regional quality improvement programs shall be presumed to be an extension of the quality improvement program set forth in section three thousand six of this article, and the provisions of subdivisions two and three of such section three thousand six shall apply to such programs. ?: The committee shall nominate to the commissioner a physician with demonstrated knowledge and experience in :mergency medical services to serve on the state emergency medical advisory committee. _ No civil action shall be brought in any court against any member, officer or employee of the committee for any act done, rtP = // W wv.health_ state .ny.us /nysdoh/erns /art34..htm 11/04/2044 rage lz or I-L failure to act, or statement or opinion made, while discharging his or her duties as a member, officer, or employee of the - committee, without leave from a justice of the supreme court, first had and obtained. In no event shall such member, officer, or employee be liable for damages in any such action if he or she shall have acted in good faith, with reasonable care and upon probable cause. 4. Any decision of a regional emergency medical advisory committee regarding provision of a level of care, including staffing requirements, may be appealed to the state emergency medical advisory committee by any regional EMS council, ambulance service, advanced life support service, certified first responder, emergency medical technician, or advanced emergency medical technician adversely affected. No action shall be taken to implement a decision regarding existing levels of care or staffing while an appeal of such decision is pending. Any decision of the state emergency medical advisory committee may be appealed pursuant to subdivision two -a of section three thousand two -a of this article. SECTION 3005. AMBULANCE SERVICE CERTIFICATES. 1. No ambulance service operating for profit, hospital ambulance service or municipal ambulance service of a city of over one million population shall operate on or after September first, nineteen hundred seventy -five unless it possesses a valid ambulance service certificate issued pursuant to this article. Effective January first, nineteen hundred ninety - seven, 'no ambulance service shall be operated unless it possesses a valid ambulance service operating certificate issued pursuant to this article or has been issued a statement of registration. No advanced life support first response service shall operate unless it possesses a valid advanced life support first responder service operating certificate. Effective January first, two thousand, no ambulance service shall be operated unless it possesses a valid operating certificate. 2. The department shall issue an initial certificate to an ambulance service certified prior to the effective date of this section upon submission of proof that it is the holder of a valid ambulance service certificate and is otherwise in compliance with provisions of section three thousand nine of this article. 2 -a, Prior to January first, two thousand, the department shall issue an initial certificate to a registered ambulance service in possession of a valid registrationprovided that such service has been issued an exemption issued by a regional council pursuant to subdivision five -a of section three thousand three of this article_ 3. The department shall issue an initial certificate to an advanced life support first response service upon submission of proof that such advanced life support first response service is staffed and equipped in accordance with rules and regulations promulgated pursuant to this article and is otherwise in compliance with provisions of section three thousand nine of this article. 4. A certificate issued to an ambulance service or advanced life support first response service shall be valid for two years. The initial certification fee shall be one hundred dollars. Thereafter the biennial fee shall be in accordance with the schedule of fees established by the commissioner pursuant to this article. However, there shall be no initial or renewal certification fee required of a voluntary ambulance service or voluntary advanced fife support first response service. S. No initial certificate (except initial certificates issued pursuant to subdivision Iwo of this section) shall be issued unless the commissioner finds that the proposed operator or operators are competent and ft to operate the service and that the ambulance service or advanced fife support first response service is staffed and equipped in accordance with rules and regulations promulgated pursuant to this article. 6. No ambulance service or advanced life support first response service shall begin operation without prior approval of the appropriate regional council, or if there is no appropriate regional council established such ambulance service or advanced life support first response service shall .apply for approval from the state council as to the public need for the establishment of additional ambulance service or advanced life support first response service, pursuant to section three thousand eight of this article. 7. Applications for a certificate shall be made by the owner of an ambulance service Or advanced life support first response service operating for profit or the responsible official of a voluntary ambulance service or advanced life support first response service upon forms provided by the department. The application shall state the name and address of the owner and such other information as the department may require pursuant to rules and regulations. B. For purposes of this article, competent means that any proposed operator of any ambulance service or advanced life Support first response service who is already or had been within the last ten years an incorporator, director, sponsor, principal stockholder, or operator of any ambulance service, hospital, private proprietary home for adults, residence for adults, or non - profit home for the aged or blind which has been issued an operating certificate by the state department of social services, or a halfway house, hostel, or other residential facility or institution for the care, custody, or treatment of tttp: / /www. health- sta -te.ny.us /nysdoh/ems /art30.htm 11/04/2004 1-+i 11 W1�'WUW,' lY1WL1 ;4011 VWl Y1W W.1 ti .iv.(,]' P age !.i OI LL .. the mentally disabled subject to the approval by the department of mental hygiene, or any invalid coach service subject to approval by the department of transportation, is rendering or did render a substantiaiiy consistent high level of care. For purposes of this subdivision, the state emergency medical services council shall adopt rules and regulations, subject to. the'approval of the commissioner, to establish the criteria.to be used to define substantially consistent high level of care with respect to ambulanceservices, advanced life support first response services, and invalid coaches, except that the - commissioner may not find that a consistently high level of care has been rendered where there have been violations of the state EMS code, or other applicable rules and regulations, that (i) threatened to directly affect the health, safety, or welfare of any patient, and (ii) were recurrent or were not promptly corrected: For purposes of this article the rules adopted by the state hospital review and planning council with respect to subdivision three pf section twenty -eight hundred one -a of this.cltapter shall apply to other types of operators. Fit means that the operator or proposed operator (a) has not been convicted of a crime or pleaded noto contenders to a felony charge involving murder, manslaughter, assault, sexual abuse, theft, robbery, fraud, embezzlement, drug abuse, or sale of drugs and (b) is not or was'not subject to a state or federal administrative Order relating to fraud or embezzlement, unless the commissioner finds that such conviction or such order does not demonstrate a present risk or danger to patients or the public. SECTION 3005-A. STAFFING STANDARDS; AMBULANCE SERVICES AND ADVANCED LiFE SUPPORT FiRST RESPONSE SERVICES. 1. The following staffing standards shall be in effect unless otherwise provided by this section: (a) effective January first, nineteen hundred ninety-seven the minimum staffing standard for a registered ambulance service shall be a certified first responder with the patient; (b) effective January first, two thousand, the minimum staffing standard for a voluntary ambulance service shall be an emergency medical technician with the patient; (c) the minimum staffing standard for all other ambulance services shall be an emergency medical technician with the patient; and (d) the minimum staffing standard for an advanced life support first response service shall be an advanced emergency medical technician with the patient. Circumstances permitting other than advanced life support care by an advanced life support first response service may be established by rule by the state council, subject to the approval of the commissioner. 2_ Any service granted an exemption by the regional council pursuant to subdivision five -a of section three thousand three of this article shall be subject to the standards and terms of the exemption. 3. Notwithstanding any other provision of the article, the effective date of the standards established by this section shall be delayed by one year for each fiscal year, prior to January first, two thousand, in which the amounts appropriated are less than that which would have been expended pursuant to the provisions of section ninety-seven -q of the state finance law. SECTION 3005 -B. {Expired and repealed July 1, 20081 EMERGENCY MEDICAL TECHNICIAN OWE YEAR RE- CERTIFICATION DEMONSTRATION PROGRAM 1. There is hereby created within the department a demonstration program (referred to in this section as the "program ") to allow emergency medical technicians and advanced emergency medical technicians who have been in continuous practice and who have demonstrated competence in applicable behavioral and performance objectives, to be re- certified for a five year period. No person shall be re- certified under the program unless he or she has completed at least one hundred thirty hours of instruction in emergency medical services as approved by the commissioner including but not limited to pediatrics, geriatrics, environmental emergencies, legal issues, emergency vehicle operations course and medical emergencies. Renewals of certification under the program shall be deemed equivalent to renewals under. subdivision two of section three thousand two of this article. 2. The program shall be limited to persons who are in practice in the following counties: Delaware, Fulton, Hamilton, Montgomery, Nassau, Otsego, Schoharie or Suffolk. The commissioner may limit the number of participants in the program, except that such limit shall be no less than. one thousand participants. 3. Within a year after implementing the program and annually thereafter, the commissioner shall report to the governor and the legislature on the impact of the program on the quality of patient care and the effectiveness of the program in retaining and recruiting certified emergency medical technicians and advanced emergency medical technicians. http- / /www. health. state.ny.us /nysdob/ems /art3O.htm 11/04/2004 .U3114.•1 �'{+1 -[t.}' ly- MIUDICU UL1 Y1LVJ `1.11Y1s3J .rage i oI LL 4. The commissioner, in consultation with the state emergency medical services council shall matte regulations necessary to implement this section. SECTION 3005. QUALITY IMPROVEMENT PROGRAM. I, By January first, nineteen hundred ninety- seven, every ambulance service and advanced life support first response service shall establish or participate in a quality improvement program, which shall be an ongoing system to monitor and evaluate the quality and appropriateness of the medical care provided by the ambulance service or advanced life support first response service, and which shall pursue opportunities to improve patient care and to resolve identified problems. The quality improvement program may be conducted independently or in collaboration with other services, with the appropriate regional council, with an EMS program agency, with a hospital, orwith another appropriate organization approved by the departrhent. Such program shall include a committee of at least five members, at least three of whom do not participate in the provision of care by the service. At least one member shall be a physician, and the others shall be _nurses, or emergency medical technicians, or advanced emergency'medical technicians, or other appropriately qualified allied health personnel. The quality improvement committee shall have the following responsibilities: (a) to review the care rendered by the service, as documented in prehospital care reports and other materials. The committee shall have the authority to use such information to review and to recommend to the governing body changes in administrative policies and procedures, as may be necessary, and shall notify the governing body of significant deficiencies; (b) to periodically review the credentials and performance of all persons providing emergency medical care on behalf of the service;. (c) to periodically review information concerning compliance with standard of care procedures and protocols, grievances filed with the service by patients or their families, and the occurrence of incidents injurious or potentially injurious to patients. A quality improvement program shall also include participation in the department's prehospital care reporting system and the provision of continuing education programs to address areas in which compliance with procedures and protocols is most deficient and to inform personnel of changes in procedures and protocols. Continuing education programs may be provided by the service itself or by other organizations; and (d) to present data to the regional medical advisory committee and to participate in system -wide evaluation. 2. The information required to be collected and maintained, including information from the prehospital care reporting system which identifies an individual shall be kept confidential and pursuant to section three thousand four -a of this article. shall not be released except to the department or 3. Notwithstanding any other provisions of law,. none of the records, documentation, ar committee actions or records required pursuant to this section shall be subject to disclosure under article six of the public officers law or article thirty- one of the civil practice law and rules, except as hereinafter provided or as provided in any other provision of law. No person in attendance at a meeting of any such committee shall be required to testify as to what transpired thereat. The prohlbition related to disclosure of testimony shall not apply to the statements made by any person inattendance at such a meeting who is a party to an action or proceeding the subject of which was reviewed at the meeting. The prohibition of disclosure of information from the prehospital care reporting system shall not apply to information which does not identify a particular ambulance service or individual. 4. Any person who in good faith and without malice provides information to further the purpose of this section or who, in good faith and without malice, participates on the quality improvement committee shall not be subject to any action for civil damages or other relief as a result of such activity. SECTION 3007. NOTICE OF ALTERNATIVE DESTINATION. In any city having a population of one million or more, whenever an individual is transported by ambulance from one facility to a second facility and the destination is changed it shall be the responsibility of the senior ambulance dispatcher to inform the facility of origin by telephone of the ultimate destination immediately upon arrival thereat. SECTION 3008. APPLICATIONS FOR DETERMINATIONS OF PUBLIC NEED. 1. Every application for a determination of public need shall be made in writing to the appropriate regional council, shall specify the primary territory within which the applicant requests to operate, be verified under oath, and shall be in such ittp: / /www.heaIth.stafe,nY.us /nysdoh /ems /art3O.htm 11/04/2004 ril�'G iJ Ut ./- form and contain such information as required by the rules and regulations promulgated pursuant to this article. 2. Notice of the application shall be forwarded by registered or certified mail by the appropriate regional council to the chief executive officers of all generaE hospitals, ambulance services, and municipalities operating within the same county or counties where the services seeks to operate. The notice shall provide, opportunity for comment. 3. Notice pursuant to this section shall be deemed filed with the ambulance service and municipality upon being mailed b the appropriate regionaf or state council by registered or certified mail. y 4. The appropriate regional council or the state council shall make its determination of public need within sixty days after receipt of the application. 5. The applicant or any concerned party may appeal the determination of the appropriate regional council to the state council within thirty.days after the regional council makes its determination. . S. in the case of an application for certification under this article by a municipal ambulance service to serve the area within the municipality, and the municipal ambulance service meets appropriate training, staffing and equipment standards, there should be a presumption in favor of approving the application. 7 -a. Notwithstanding any other provision of law and subject to the provisions of this article, any municipality within this state, or fire district acting on behalf of any such municipality, and acting through its local legislative body, advanced is hereby authorized and empowered to adopt and amend local laws, ordinances or resolutions to establish and operate adva fife support first responder services or municipal ambulance services within the municipality, upon meeting at exceeding all standards set by the department for appropriate training, staffing and equipment, and upon filin State Emergency Medical Services Cg.with the New York ouneil, a written request for such authorization. Upon such filing, such municipal advanced life support first responder service or municipal ambulance service shall be deemed to have satisfied any and all requirements for determination public need for the establishment of additional emergency medical services pursuant to this article for a period of two years following the date of such filing. Nothing in this article shall be deemed to exclude the municipal advanced life support first responder service or municipal ambulance service authorized to be established and operated pursuant to this article from complying with any other requirement or provision ofttiis article or any other applicable provision of law. 7 -b. In the case of an application for certification pursuant to this subdivision, fora municipal advanced life support or municipal ambulance service, to serve the area within the miinicipafity, where the proposed service meets or exceeds the appropriate training, staffing and equipment standards, there shalt be a strong presumption in favor of approving the application. SECTION 3009. CONTINUATION OF EXISTING SERVICES. 9. Notwithstanding the provisions of sections three thousand four and three thousand five of this article, if any ambulance service or a predecessor in interest wasin bona fide operation as an ambulance service on April first, nineteen hundred seventy -five, within the territory for which application for an ambulance service certificate or voluntary ambulance service statement of registration is made pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certificate or statement of registration without requiring proof that there is a ment e public ne such ambulance service and without further proceedings, provided application for such certificate or state ed for registration is submitted to the department in accordance with this article prior to September first, nineteen hundred seventy-five. Pending the determination of any such application the continuance of such operatio n three thousand n shall be Iawful. In all other cases the application shall be decided in accordance with the procedures provided for in sectio four, or three thousand five of this article and such application shall be approved or denied accordingly. An application pursuant to this section shall be deemed filed with the department upon being mailed to the department by registered or certified mail. 2. Notwithstanding the provisions of section three thousand rive of this article, if any advanced life support first response service or a predecessor in interest was in bona fide operation as. an advanced life support first response service at the first, nineteen hundred ninety- three , within the territory for w intermediate, critical care, or paramedic level on January hich application for a certificate is made pursuant to any provisions of this article, and has so operated since that time, the Jepartment shall issue such certificate without requiring that there is a public need for such service and without further )roceedings, provided application for such certificate or statement of registration is submitted to the department in accordance with this article prior to . January first, nineteen hundred ninety -four. Notwithstanding the provisions of section hree thousand five of this article, if any advanced fife support first response service or a predecessor in interest was in Bona fide operation as an advanced life support first response service at the emt- defibrillation level on July first, nineteen tt P ://www .healtb.state.ny.us/nysdoh/ems/art3O.ht m . i i hundred ninety - three, within the territory for which application fora certificate is made,pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certificate without requiring that there is a public need for such service and without further proceedings, provided application for such certificate-or statement of registration is submitted to the department in accordance with this article prior to January first, nineteen hundred ninety - four. Pending the determination of any such application, the continuance of such operation shall be lawful. In all other cases the application shall be decided in accordance with the procedures provided in section three thousand five of this article and such application shall be approved or denied accordingly. An application pursuant to this section shall be deemed filed with the department upon being mailed to the department by certified or registered mail. SECTION 3010. AREA OF OPERATION; TRANSFERS. 1. Every ambulance service certificate or statement of registration issued under this article shall specify the primary territory within which the ambulance service shall be permitted to operate. An ambulance service shall receive patients only within theprimary territory specified on its ambulance service certificate or statement of registration, except: (a) when receiving a patient which it initially transported to a facility or location outside its primary territory; (b) as required for the fulfillment of a mutual aid agreement authorized by the regional council; (c) upon express approval of the department and the appropriate regional emergency medical services council for a maximum . of sixty days if necessary to meet an emergency need; .provided that in order to continue sudh operation beyond the sixty day maximum period necessary to meet an emergency need, the ambulance service must satisfy the requirements of this arficle, regarding determination of public need and specification of the primary territory on the ambulance service certificate or statement of registration; or (d) an ambulance service or advanced life support first response service organizations formed to serve the need for the Provision of emergency medical services in accordance with the primary religious convictions of a religious denomination may serve such needs in an area adjacent to such pry territory and, while responding to a call for such service, the needs of other residents of such area at the emergency scene. Any ambulance service seeking to operate in more than one region'shall make application to each appropriate regional council. Wheneveran application is made simultaneously to more than one regional council, the applications submitted to the regional councils shall be identical, or copies of each application shall be submitted to all the regional councils involved. 2. No ambulance service certificate shall be transferable unless the regional council and the department reviews and approves the transfer as follows: (a) Any change in the individual who is the sole proprietor of an ambulance service shall only be approved upon a determination that the proposed new operator is competent and fit to operate the service. (b) Any change in a partnership which is the owner of an ambulance service shall be approved based upon a determination that the new partner or partners are competent and fit to operate the service. The remaining partners shall not be subject to a character and fitness review. (c) Any transfer, assignment or other disposition Of ten percent or more of the stock or voting rights thereunder of a corporation which is the owner of an ambulance service, or any transfer, assignment or other disposition of the stock or voting rights thereunder of such a corporation which results in the ownership or control of ten percent or more of the stock or voting rights thereunder by any person, shall be approved based upon'a determination that the new stockholder or stockholder proposing to obtain ten percent or more of the stock or voting rights thereunder of such corporation is competent and fit to operate the service. The remaining stockholders shall not be subject to a character and fitness review. (d) Any transfer of all or substantially all of the assets of a corporation which owns or operates a certified ambulance service shall be approved based upon adetermination that the individual, partnership, or corporation proposing to obtain all or substantially all of the assets of the corporation is competent and fit to operate the service_ (e) Any transfer affected in the absence of the review and approval required by this section shall be null and void and the certificate of such ambulance service shall be subject to revocation or suspension. 3. Nothing contained in this section shalt be construed to prohibit any voluntary ambulance service With by its toverning authority to do so from transporting any sick or injured resident of its primary territory from any general hospital ttt p: / /www.health. state .ny.us /nysdoh/erns /ai t30.htm 11/x4/2004 or other health care facility licensed by the department, whether or not such general hospital or health care facility is within the service's primary territory, to any other general hospital or health care facility licensed by the department for further care, or to such resident's home. Nothing contained in this section shall be construed to prohibit any proprietary , ambulance service authorized by its governing body to do so from transporting any sick or injured patient from any general hospital or other health care facility licensed by the department whether or not such general hospital or health care facility is Within the service's primary territory, to any other general hospital or health care facility licensed'by the department within the service's primary territory for further care, or to such patient's home, if such patient's home is within its primary territory. Any ambulance service owned by or under contract to a general hospital licensed by the department may transport any specialty patient from any other general hospital or health care facility licensed by the department to the hospital owning such ambulance service, or with which it has a contract. Categories of specialty patients shall be defined by rule by the state emergency medical services council, subject to the approval of the commissioner. 4. No ambulance service certificate of an ambulance service which has discontinued operations for a continuous period in excess of thirty days shalt be transferable without the approval of the appropriate regional council. SECTION 3014. POWERS AND DITTIES OF THE DEPART MENTAND THE COMMISSIONER. t. The department may inquire into the operation of ambulance services and advanced life support 'first response services and conduct periodic inspections of facilities, communication services, vehicles, methods, procedures, materials, staff.and equipment. It may also evaluate data received from ambulance services and advanced life support first response Services. 2. The department may require ambulance services and advanced life support first response services to submit periodic reports of calls received, services performed and such other information as may be necessary to carry out the provisions of this article. 3. The. commissioner, with the advice and consent of the state council, shall designate not more than eighteen geographic areas within the state wherein a regional emergency medical services council shall.be established. in snaking the determinationof a geographic area, the commissioner shall take into consideration the presence of ambulance services, hospital facilities, existing emergency medical services committees, trained health personnel, health planning agencies and communication and transportation facilities; and shall establish a separate regional emergency medical services council for the county of Nassau. The commissioner shall promote and encourage the establishment of a regional emergency medical services council in each of said designated areas. 4. The commissioner may propose rules and regulations and amendments thereto for consideration by the state council. The commissioner shall establish a schedule of certification fees for ambulance services and advanced life support first response services other than voluntary ambulance services and voluntary advanced life support first response services. 5. For the purpose of promoting the public health, safety and welfare the commissioner is hereby authorized and empowered to contract with voluntary ambulance services and municipal ambulance services, or with the fire commissioners of fire districts operating voluntary ambulance services, upon such.terms and conditions as he shall deem appropriate and within amounts made available therefor, for reimbursement of the necessary and incidental costs incurred by such ambulance services in order to effectuate the provisions of this article. B. The commissioner is hereby authorized, for the purposes of effectuating the provisions of this article in the development of a statewide emergency medical service system, to contract with any ambulance service or with the fire commissioners of fire districts operating certified voluntary ambulance services for the use of necessary equipment upon such terms and conditions as the commissioner shall deem appropriate. 7. The commissioner may recommend to the state council minimum qualifications for certified first responders (which shall not exceed fifty -one hours), emergency medical technicians and advanced emergency medical technicians in all phases of emergency medical technology including but not limited to, communications, first aid, equipment, maintenance, emergency techniques and procedures, patient management and knowledge of procedures and equipment for emergency medical care. B. -The commissioner shall provide every certified ambulance service and advanced life support first response service with an offcial insignia which may be attached to every vehicle owned or operated by a certified ambulance service or advanced life support first response service_ 9. The department shall provide the state council with such assistance as the council may request in order to carry out its responsibilities as set forth in subdivision two -a of section three thousand two of this article, http: / /www.health. state .ny.us /nysdoh/ems /art3O.htm 11/04/2004 A ury -- 10. The commissioner is hereby authorized and empowered to extend the certification for emergency medical technicians or advanced emergency medical technicians who have been federally ordered to active military duty, other than for training, related to the persian gulf crisis and whose certification will expire during theirmilitary duty. The extended certification shaft be for the period of military duty and - for six months after they have been released from active military duty. � - 11. The commissioner, with the advice and consent of the state council, shall promulgate rules and regulations necessary to ensure compliance with the provisions of subdivision two of section sixty -seven hundred thirteen of the education law. SECTION 3012. ENFORCEMENT. 1. Any ambulance service or advanced life support first response service certificate issued pursuant to section three thousand five of this article may be revoked, suspended, limited or annulled by the department upon proof that the operator or certificate holder or one or more enrolled members or one or more persons in his employ: (a) has been guilty ofmisrepresentation in obtaining the certificate or in the operation of the ambulance service or advanced life support first response service; or (b) has not been competent in the operation of the service or has shown inability to provide adequate ambulance services oradvanced life support first response service; or (c) has failed to.pay the biennial certification fee as required except in the case of any voluntary ambulance service or voluntary advanced life support first response service or (d) has failed to file any report required by the provisions of this article or the rules and regulations promulgated thereunder, or (e) has violated or aided and abetted in the violation of any provision of this article, the rules and regulations promulgated or continued thereunder, or the state sanitary code; or (f) had discontinued operations for a period in excess of one month; or (g) a voluntary ambulance service or voluntary advanced life support first response service has failed to meet the minimum staffing standard and has not been issued an exemption, except that such certificate shall not be suspended or revolted unless the commissioner finds that an adequate alternative service exists. The commissioner shall consider the recommendation of the regional emergency medical services council in making a finding; or (h) an ambulance service operating for profit has failed to meet the minimum staffing standard; or (i) has been convtcted of a crime or pleaded nolo contenders to a felony charge involving murder, manslaughter, assault, sexual abuse, theft, robbery, fraud, embezzlement, drug abuse, or sale of drugs, unless the commissioner finds that such conviction does not demonstrate a present risk or danger to patients or the public; or {)) is or was subject to a state or federal administrative order relating to fraud or embezzlement, unless the commissioner finds that such order does not demonstratb a present risk or danger to patients or the public. 2. Proceedings under this section may be initiated by any person, corporation, association, or public officer, or by the department by the filing of written charges with the department. Whenever the department seeks revocation or suspension of a certificate of an ambulance service or an advanced life support first response service, acopy of the charges shall be referred to the appropriate regional council for review and recommendation to the department prior to a hearing. Such recommendation shall include a determination as to whether the public need would be served by a revocation, suspension, annulment or limitation, If there is no appropriate regional council established, the state council shall make such determination and present to the department its recommendations. 3. No certificate shall be revoked, suspended, limited or annulled without a hearing. However, a certificate may be temporarily suspended without a hearing and without the approval of the appropriate regional council orstate council for a period not in excess of thirty days upon notice to the certificate holder following a finding by the department that the public health, safety or welfare is in imminent danger. 1. The commissioner shall fix a time and place for the hearing. A copy of the charges and the recommendations of the ittp : / /Www.health. state .ny.us /nysdob/ems /art30.htrn 11/04/2004 appropriate regional council or state council together with the notice of the time and place of #fie hearing, shall be mailed to the certificate holder by registered or certified mail, at the address specified on the certificate, at least fifteen days before the date fixed for the hearing. The appropriate regional.council may be a party to such hearing. The certificate holder may file with the department, not less than five days prior to the heating, a written answer to the charges. SECTION 3013. IMMUNITY FROM LIABILITY. I. Notwithstanding any inconsistent provision of any general, special or local law, a voluntary ambulance service or voluntary advanced life support first response service described in section three thousand. one of this article and any member thereof who is a certified first responder, an emergency medical technician, an advanced emergency'medical technician or a person acting under the direction of an emergency medical technician or advanced emergency medical technician and who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an actor' omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician or person acting under the direction of an emergency msdicai technician or advanced emergency medical technician 2. Nothing in this section shall be deemed to relieve any such voluntary ambulance service oi' voluntary advanced life support first response service from liability for damages or injuries or death caused by an act or omission on the part of any person other than a certified first responder, an emergency medical technician, advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician acting inbehalf of the voluntary ambulance service or voluntary advanced life support first response service. 3. Nothing in this section shall be deemed to relieve or alter the liability of any such voluntary ambulance service or members for damages or injuries or death arising out of the operation of motor vehicles. 4. A certified first responder, emergency medical technician or advanced emergency medical technician, whether or not he or she is acting on behalf of an ambulance service, or advanced life support first response service, who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician. 5. Notwithstanding any inconsistent provision of any general, special or local law, any physician who voluntarily and without the expectation of monetary compensation provides indirect medical control, as defined in paragraph (b) of subdivision fifteen of section three thousand one of this article, to a voluntary ambulance service or voluntary advanced life support first response service described in section three thousand one of this article shall not be liable for damages for injuries or death alleged to have been sustained by any person as a result of such medical direction unless it is established that such injuries or death were caused by gross negligence on the part of such physician. SECTION 3014. CONSTRUCTION. Notwithstanding any inconsistent provision of any general, special or local law, the provisions of this article shall be deemed to apply to the city of New York. SECTION 3015. SEPARABILITY. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this article directly involved in the controversy in which the judgment shall have been rendered. SECTION 3016. CONTINUANCE OF RULES AND REGULATIONS. All rules and regulations heretofore adopted by the commissioner pertaining to all ambulance services shall continue in full force and effect as rules and regulations until duly modified or superseded by rules and regulations hereafter adopted and enacted by the state council pursuant to section three thousand two of this article. ittp://www.hcalth.state.ny.us/nysdoh/ems/art3 0.htm 11/04/2004 SECTION 3017. EMERGENCY MEDICAL SERVICE, SUFFOLK COUNTY. [Expires and Repealed January 1, 2003] �. No ambulance service or advanced life support first response service shall respond to any call or request for emergency medical services within a town, village or fir district in Suffolk County that currently provides ambulance service or advanced life support services first response service, if the municipality has designated one or more ambulance services or advanced life support first response services to respond to such calls unless: = - (a) the service is so designated; (b) the response is: in accordance with a mutual aid plan approved by the appropriate regional emergency medical services council; (c) the response is to a verbal mutual aid request from a designated service; (d) the service was specifically requested to respond try the patient or someone acting on behalf of that patient; or (e) the response site is a hospital licensed under Article 28 of this chapter for a transfer to another such facility. 2, Every ambulance service or.advanced life support first response service shall disclose as part of any solicitation or advertisement in Suffolk County that there is a fee for services rendered, if in fact there is a fee charged for th performance of such service. e 3. Every ambulance service or advanced life support first response service that operates in Suffolk County and has vehicles which travel through communities with designated ambulance service or advanced life support first response service shall require its drivers and emergency medical technicians: (a) to immediately notify a central alarm or other publicly operated dispatch entity, Ora person designated under Section 208 -b of the general municipal law to receive calls for emergency services for the purpose of dispatching emergency medical services whenever an emergency is found in a public place; (b) to evaluate the need to transport any patient found in extremis to a hospital; and (c) t0-comply with appropriate instructions from the dispatch entity. The dispatch entity when appropriate, may instruct the service to'transport any patient to an appropriate hospital. SECTION 3030. ADVANCED LIFE SUPPORT SERVICES. Advanced fife support services provided by an advanced emergency medical technician, shall be (1) provided under the.direction of qualified medical and health personnel utilizing patient information and data transmitted by. voice or telemetry, (2) limited to the or categories in which the advanced emergency medical technician is certified pursuant to this article, and (3) recorded for each patient, on an individual treatment - management record. SECTION 3031. ADVANCED LIFE SUPPORT SYSTEM. Advanced life support system must (1) be under the overall supervision and direction of a qualified physician with respect to the advanced life support services provided, (2) be staffed by qualified medical and health personnel, (3) utilize advanced emergency medical technicians whose certification is appropriate to the advanced life support services provided, " ysdoh/e:ms /art30.htm 11/04/2004 (4) utilize advanced support mobile units appropriate to the advanced fife support services provided, (5) maintain a treatment - management record for each patient receiving advanced life support services, and (6) be integrated with a hospital emergency, intensive care, coronary care or other appropriate service. SECTION 3032. RULES AND'REGULATIONS. The state council, with the approval of the commissioner, shall promulgate rules and regulations to effectuate the - purposes of sections three thousand thirty and three thousand thirty -one of this article. SECTION 30550. SHORT TITLE. This article shall be known and may be cited as the "emer hundred eighty - six ". gency medical services personnel training act of nineteen SECTION 3051. DECLARATION OF PURPOSE. Emergency medical services provided to those suffering from sudden illness orinjury have potential to. reduce the incidence of disability and death and are therefore, invaluable. A training program of high quality is the�key to assbring that emergency medical services personnel have the knowledge and skills to care for acutely tll and injured patients in a manner which will prevent further illness and injury. There is therefore a need. to provide flexible, diverse and high quality training opportunities which are reasonably available, particularly to volunteers who devote considerable time, effort, and often personal resources, to improve or retain their knowledge and skills. The state has a responsibility to support and further the work of those who provide emergency medical care by providing needed instructional resources. The purpose of this article is to expand and improve training opportunities for emergency medical service personnel thereby benefiting all the residents of New York state who rely on the services of these person net. SECTION 3052. ESTABLISHMENT OF A TRAINING PROGRAM FOR EMERGENCY MEDICAL SERVICES PERSONNEL. 1. There is hereby established a training program for emergency medical services personnel including, but not limited to, first responders; emergency medical. technicians, advanced emergency medical technicians and emergency vehicle operators. 2. The commissioner shall provide state aid within the amount appropriated to entities such as local governments, regional emergency medical services councils, and voluntary agencies and organizations to conduct training courses for emergency medical services personnel and to conduct practical examinations certification of such personnel. The commissioner shalt establish a schedule for determining the amount of state aid provided pursuant to this section. (a) Such schedule may include varying rates for distinct geographic areas of the state and for various course sizes, giving special consideration to areas with the most need for additional emergency medical technicians. In determining the need for additional emergency medical technicians, the commissioner shall use measurements such as the average number of emergency medical technicians per ambulance service, the ratio of emergency medical technicians per square mile, the average number of calls per service and the percentage of calls to which an emergency medical technician has responded, provided such data is available to the commissioner. (b) Such schedule shall provide sufficient reimbursement to permit sponsors to offer basic emergency medical technician courses which adhere to curricula approved by the New York state emergency medical services council and the commissioner without the need to charge tuition to participants. 3. Upon request, the commissioner shalt provide management advice and technical assistance to regional emergency medical services councils, county emergency medical services coordinators, and course sponsors and instructors to stimulate the improvement of training courses and the provision of courses in a manner which encourages participation. Such advice and technical assistance may relate to, but need not be limited to the location, scheduling and structure of courses. 4. The department is authorized, either directly or through contractual arrangement, to develop and distribute training materials for use by course instructors and sponsors, to recruit additional instructors and sponsors, and to provide training 11 ttp. / /www.nealtn. state .ny /nysdoh/ems /art30.htm 11/04/2004 courses for instructors. 5. The commissioner shall conduct a public service campaign to recruit additional Vol targeted to areas in need far additional emergency medical technicians. unteers to loin ambulance services SECTION 3053, REPORTING Advance life support first response services and ambulance services registered or certified. chapter shall submit detailed individual call reports on a form to be provided by the department, electronically in a format approve, pursuant to article thirty of this pp by the department. The state emergency medical services council,w th he approval of the commissioner, may adopt rules and regulations permitting or requiring ambulance services whose vole twenty thousand calls per year to submit call report data electronically. Such rules shalt define the data el submitted, and may include requirements that assure availability of data to the regional emergency me exceeds committee. elements to b g y medical advisory e Revised: January 2004 ttp: / /ww - health. state.ny.as /nysdoh/ems /art3O.htm i i IOAI7nnA .L1.ttyts4;ty v 1Y1 �,.1y1 Y1Ly.] New York State Department of Health Emergency Medical Services (EMS) Chapter VI of Title 10 (HEALTH) of the - Official Compilation of Codes, Rules and Regulations STATE EMERGENCY MEDICAL SERVICES CODE PART 800 EMERGENCY MEDICAL SERVICES Latest amendments: F800 -21 rding AED became effective October 19,1994. ding ambulance service policies and reporting ecame effective November 30,1994 rdin course curricula, effective July 15, 1998 Statutory Authority: Public Health Law, Article 30 NEW YORK STATE DEPARTMENT OF HEALTH Emergency Medical Services Program. 433 River Street Hedley Building, Suite 303 Troy, New York 12180 -2299 Printed - (8198) ra.gu i ui / CHAPTER VI TITLE 10 (HEALTH STATE EMERGENCY MEDICAL SERVICES CODE PART 800 Genera http: / /Www.health_ state .ny.us /nysdoh/ems /part800.htm L'Ll.LOA}�'GiLL;y AYIGUAL%4.L 47G1.YLl.G' S ection 800.1 Title 800.2 A licabiliq, of other Laws. Codes. Rules and Regulations 800.3 Defnitioiis 800.4 Sig and Adverhisements $00.5 Requirements for an advanced life sn ort system mer enc IYiedica a 'ce Pers nne 800.6 Initial Cert leation_�uirements 800.7 Reexaminations 800.8 Recertification Re uirements U 'Can Education 800.10 Reexaminations 800.11 Advanced Emergent Medical Technician Certifacatian 800.12 Reci rota! Certification Requirements 800.13 Certification . 800.14 Emer &ncy Medical Technicians Certified by States Borderin_ Ne�v Y ork 800.15 Required Conduct 800.16 Sus erasion or Revocation. of Certification 500.17 Period of Cer0c 800.18 la sed Certification 800.19 Demonstration Prajerts 800.20 Course S onsors Cert' jed A b lance Service 800.21 General Re uirements 800.22 Reg for Certified Ambulance Vehicle Construction 500.23 General Reguiremg is Related to Equi meet 800.24 E lA, ment Re uirements for Certified Ambulance Service 800.25 Special Use Vehicles 800.26 Emergency Ambulance Service Vehicle E iu ment Re uirements Aircraft and Boats htto: / /www,healtb. state .ny.us /nvsdoh ems /Darts rage t ox Z I t mAI ,)nnA I-AlIGlb'GIILy IVIGul"a1 01;;i Vlf"vo 800.27 Aircrafts and Boats P— re - hos . vitalDNR rder 800.90 Non -has ital Orders Not to esuscitate General SECTION 800.1 TITLE This Chapter shall be known and may be cited as the State Emergency Medical Services Code. 800.2 APPLICABILITY OF OTHER LAWS, CODES, RULES AND REGULATIONS Wage j at z i Except as otherwise provided in this Chapter, ambulance services shall comply with all pertinent Federal laws, State laws and those provisions of county, city, town and village charters,'special and Iocal laws, ordinances and any codes, rules or regulations promulgated thereunder having general application thereto. 800.3 DEFINITIONS The following definitions shall apply to this Chapter unless the context otherwise requires; (a) Departnient means the New York State Department of Health. (b) Commissioner means the State Commissioner of Health. (e) Person means an individual, partnership, association, corporation or any other legal entity whatsoever. (d) Emergency medical service means a service engaged in providing initial emergency medical assistance including, but not limited to, the treatment of trauma, burns and respiratory, circulatory and obstetrical emergencies. (e) Ambulance means a motor vehicle, airplane, boat or other form of transport especially designed and equipped to provide emergency medical services during transit. (1) Ambulance service means a person engaged'in providing emergency medical services and the transportation of sick, disabled or injured persons by motor vehicle, aircraft or other form of transportation to facilities providing hospital services. (g) Voluntary ambulance service means an ambulance service (i) operating not for financial profit and no part'of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under article 30. (h) Municipal ambulance service means an. ambulance service operated by a municipality or agency thereof and staffed by municipal employees or an ambulance service operated by a county or agency thereof and staffed by county employees. (i) Hospital ambulance service means an ambulance service owned and operated by a hospital as defined in article 28 of the Public Health Law. (j) Certified ambulance service means an ambulance service having an ambulance service certificate issued by the department pursuant to section 3005 or 3006 of the Public Health Law. (k) Certificate of inspection means a windshield sticker affixed to the lower right hand corner of the httnJ /www.health. state .nv.us /nysdob/ems /nart 80D_htm I Y 1AA 11nnn windshield of the ambulance. The sticker signifies that the vehicle has been inspected and approved by the Department for operation in a certified ambulance service. (l} New vehicle means a vehicle of recent manufacture placed in service for the first time. (m) Emergency ambulance service vehicle means a vehicle that is owned or operated by an ambulance service that is used to transport emergency medical personnel and equipment to sick or injured persons. (n) Emergency medical technician means a person certified as either an advanced emergency medical _ -- technician or an emergency medical technician -basic pursuant to these regulations. (o) Emergency medical technician -basic means a person certified pursuant to these regulations as an = emergency medical technician- basic. (p) Advanced emergency medical technician means a person certified pursuant to these regulations as - an emergency medical technician - intermediate, an emergency medical technician- critical care,.or an emergency medical technician- paramedic. (q) State Council means the New York State Emergency Medical Services Council established pursuant to section 3002 of article 30 of the.Public Health Law. (r) Regional Council means a regional emergency medical services council established pursuant to section 3003 of article 30 of the Public Health Law. (s) Certified first responder means a person certified pursuant to these regulations as a first - -- responder. (t) Certified instructor coordinator means a person certified pursuant to these regulations to serve as the lead instructor for courses leading to certification as an emergency ,medical technician or certified first responder. (u) Advanced life support system means a method for the provision of initial emergency medical assistance under medical direction and supervision including, but not limited to, one or more of the following services: (v) (n') (X) (1) administration of intravenous fluids; (2) administration of drugs; (3) ;ntubation; (4) manual defibrillation; and . (5) • other services as approved by the commissioner and council. Primary territory means that area listed on an ambulance service certificate or certificate of registration in which the service may receive (pick up) patients.. Certified laboratory instructor means a person certified pursuant to these regulations to instruct, in psychomotor skills, candidates in courses leading to certification as an emergency medical technician or certified first responder. Course. Sponsor means a person approved by the department to conduct EMS Educational Programs as one or more of the following specific types of course sponsor: (1) Basic Life Support Sponsor - a course sponsor authorized by the department to conduct original and refresher CFR, EMT and EMT -D courses. (2) Advanced Life Support Sponsor - a course sponsor authorized by the department to conduct all basic life support courses, EMT -I and EMT -CC original and refresher courses, and the EMT -P original and refresher courses. (3) Continuing Education Course Sponsor - a course sponsor authorized by the department to conduct one or more of the following courses: Critical Trauma Care, Ambulance Accident .Prevention Seminar, Combined EMT re&csher /CTC, Certified Instructor Coordinator, Certified Lab Instructor, Certified Instructor Update, Prehospital Pediatric Care Course, EMS Dispatcher Course, Crash Victim Extrication, Emergency Vehicle Operator, Infection Control Workshop, or other continuing education courses developed by the department. Approval as a continuing education course sponsor is specific to the actual courses that the sponsor is authorized to offer and not all sponsors will be approved to offer all types of http: /Iwww.health. state .ny.us /nysdoh /ems /part8OO.htm 11/04/2004 4r111 IVIGUival JGl Vlt:UJ -. rage of l3 courses. (y) Learning Contract weans an informal written agreement between a student and a course sponsor which specifies requirements to complete the course and the policies of the sponsor. () DNR bracelet means an item meeting the Department of Health specification in section 800.90 of this which may be worn by a person who has been issued a valid: non hospital order not to resuscitate. (aa) Automated External Defibrillation (AED) means defibrillation by a certified first responder, emergency medical technician or advanced emergency medical technician using an external defibrillator that incorporates an electronic rhythm analysis system that limits the delivery of an electrical counter shock to a rhythm for which defibrillation is medically indicated. The external defibrillator may be either a fully automatic or semiautomatic (shock- advisory) type. (bb) "mutual aid agreement" means a written agreement, entered into by two or more ambulance -- services or advanced life support first response services for the organized, coordinated and cooperative reciprocal mobilization of personnel, equipment, services or facilities for back-up or support upon request as required pursuant to a written mutual aid plan. (cc) "call receipt interval" means the elapsed time from receipt of a request for emergency- assistance by the service or its dispatch agency to the time a staffed ambulance or ALSFR vehicle is en route to the reported location of the incident. (dd) "Advanced life support (ALS) care" means definitive acute medical care provided under medical control, by advanced emergency medical technicians within an advanced life support system. (ee) "Advanced life support first responder ( ALSFR) service" means any person or organization which provides advanced Iife support care, but does not transport patients. 0 1 ) "Advanced life support first response ( ALSFR) vehicle" means a designated vehicle or conveyance operated by an ALSFR service, which brings advanced life support equipment and personnel authorized to provide ALS care to a location to provide such care. (gg) "Quality improvement program" means a program which seeks to improve and enhance the quality and appropriateness of patient care and clinical performance of the service. (hh) "Governing authority" means in the case of a fire district, the board of fire or in the case of a municipality, the municipality's legislative body; or in the case of a corporation, the- . board of directors; or in the case of a hospital, the governing body; or in the case of a partnership, each of the. partners; or in the case of a sole proprietorship, the proprietor; or in the case of an unincorporated association all the members of the association. (ii) "EMS service" means an ambulance service or an advanced life support first response service. UP "Authorized EMS response vehicle" means any vehicle, conveyance, boat or aircraft meeting the requirements of this part authorized by the governing authority and operated by an EMS service for the purpose ofproviding certified personnel and equipment to an event dispatched as an EMS response. 800.4 SIGNS AND ADVERTISEMENTS (a) The word "ambulance" may not be displayed on a vehicle, aircraft, or boat except on a vehicle, aircraft, or boat registered with the department as an ambulance except to comply with 800.21(e). (b) Services desiring to advertise the operation of aircraft and boats shall comply with the requirements of this Part. 800.5 REQUIREMENTS FOR AN ADVANCED LIFE SUPPORT SYSTEM (a) An advanced life support system must meet the following requirements: ittp: / /www. health. state .ny.us /nysdoh/erns /part8OO.him 11/04/2044 +- + ++s. =A �. 1.[vi lrsvuy41.i1 V1..i rsyyV (1) designation of a qualified physician to provide medical supervision and direction; (2) integration with a hospital emergency service, or intensive care, coronary care, or other appropriate hospital unit. (b) An ambulance, when providing advanced life - ' services, must meet the requirements of Sections 800.23 and 800.24 of this Part and utilize a treattt ent record provided by or approved by the department, including submission of such record for use in quality assurance programs. (c) An advanced life support system providing prehospital intermediate care must include the following: (1) voice communications to receive medical direction; (2) equipment and supplies to provide prehospital intermediate care; and (3) staffing by a certified emergency medical technician- intermediate, emergency medical technician critieaI care; or emergency medical technician paramedic, as appropriate. (d) An advanced"life support system providing prehospital critical care and /or EMT - Paramedic services must include the following: (1) voice communications to receive medical direction; '(2) , bio- telemetry; (3) - equipment and supplies to provide prehospital critical care and/or ]ZMT- paramedic s and ervices; (4) staffing by a certified emergency medical technician - critical care or emergency medical - technician- paramedic, as appropriate. Emer ene ed'cal Se ices Personnel 800.6 INITIAL CERTIFICATION REQUIREMENTS To qualify for initial certification, an applicant shall: (a) . file a completed application bearing the applicant's original signature in ink with the department on a form provided by the department; (b) be at least 18 years of age prior to the last day of the month in which he/she is scheduled to take the written certification examination, except that a certified first responder must be at least 16 years of age prior to the last day of the month scheduled to take the written certification examination.; (c) satisfactorily complete the requirements of a state - approved course in emergency medical technology given by a state - approved course sponsor at one of the following levels for which certification is available: (1) certified first responder (CFR); (2) emergency medical technician -basic (EMT); (3) emergency medical technician - defibrillation (EMT -D); (4) emergency medical technician- intermediate (EMT -1); (5) emergency medical technician- critical care (EMT -CC); (6) emergency medical technician - paramedic (EMT -P); (7) certified laboratory instructor (CLI); or (8) certified instructor coordinator (CIC). (d) after completion of all course requirements, but within one year thereafter, pass the state practical skills examination, if applicable, for the level at which certification is sought; (e) within one year after passing the practical skid is examination, pass the state written certification http : / /www.health. state .ny.us /nysdoh/ems /part800_him 11/04/2004 ,111c.rgmiuy Fviruluai acrvxcs rage / of 2.3 examination for the level at which certification is sought except at the certified coordinator level and certified lab instructor level; and - (f) not have any convictions for a crime or crimes related to murder, manslaughter, assault, sexual abuse, theft, robbery, drug abuse, or sale of drugs or currently be under charges for such a crime, unless the department finds that such conviction or charges do not demonstrate a present risk or danger to patients. 800.7 REEXAMNATIONS - APPLICANTS FOR INITIAL CERTIFICATION (a) Candidates who have failed the practical skills examination must complete a.refresher or an original certification cohrse for the level of certification sought prior to being admitted to another practical skills examination at the same level of certification. Such candidates may be admitted once to a practical skills examination at a lower level of certification within one year after the Iast attempt at the level originally sought. (b) Candidates who have failed the written certification exam after two attempts must complete a refresher or original certification course at the appropriate level prior #o being admitted to another written certification exam at the same level of certification. Such candidates may be admitted once to a written certification examination at a lower level of certification, within one year after the last attempt at the level originally sought. 800.8 RECERTIFICATION REQUIREMENTS To qualify for recertification, an applicant shall: (a) file a completed application bearing the applicant's original signature in ink with the department on a form provided by the department; (b) possess New York State certification at or above the level at which recertification is sought except as provided in section 800.18 of these regulations; (c) pass the State practical skills examination for the level at which recertification is sought; (d) within one year after passing the practical skills examination, pass the state written certification examination for the level at which certification is sought; and (e) not have any convictions for any crime or crimes related to murder, manslaughter, assault, sexual abuse, theft, robbery, drug abuse, or sale of drugs or currently be under charges for such a crime, unless the department finds that such conviction or charges do not demonstrate a present risk or danger to patients. 800.9 CONTINUING EDUCATION Candidates for recertification may complete a New York State approved original or refresher course'at the appropriate level or engage in continuing education activities in order to maintain their knowledge and skills prior to admission to the practical and written certification examinations. 800.10 REEXAMINATIONS - APPLICANTS FOR RECERTIFICATION (a) Candidates who have failed the practical skills examination must complete a refresher or original certification course for the level of certification sought prior to being admitted to another practical skills examination at the same level of certification. Such candidates may be admitted once to a practical skills examination at a lower level of certification within one year after the last attempt at the level of certification originally sought. (b) Candidates who have failed the written certification exam after two attempts must complete a http: / /www.health. state .ny.us /nysdoh/ems /part800.htm I1IllW004 +- �iuvtbvuvJ a..tvuaa. uva .e+.+�;.a I agG o vA 2-1 refresher or original certification course for the level of certification sought prior to being admitted to another written certification exam at the same level of certification. Such candidates may be admitted once to a written certification examination at a .lower level of certification within' one year after the last attempt at the level of certification initially sought. 800.11 ADVANCED EMERGENCY MEDICAL TECIFUCIAN CERTIFICATION (a) A candidate, to qualify for initial certification at any level above emergency medicalteehnician- defbrillation, in addition to meeting the requirements set forth in section •800.6, shall: (1) have current certification as an emergency medical technician -basic at the time of the written certification examination; and (2) submit documentation of satisfactory completion of an internship approved by the course sponsor for any course for which an internship is described in the curriculum. (b) . No person certified pursuant to these regulations or required to be certified (see Article 30 of the Public Health Lave) shall practice above the level of emergency medical technician -basic except as part of an advanced"Iifc support system. 800.12 RECIPROCAL CERTIFICATION REQUIREMENTS (a) To qualify for New York State certification based on out-of-state emergency medical technician - basie, emergency medical technician- intermediate, emergency medical technician - critical care, or emergency medical technician- paramedic credentials, a person must be currently certified or licensed 'by state. The other state's training must be equivalent to or more stringent than New York State training and examination requirements. (b) The applicant must: (1) demonstrate a need for certification, such as New York State residence (or) employment opportunity; (2) submit a written request for New York State certifca #ion, including a copy of the out-of-state credentials and complete an application for certification on a form to be provided by the department; (3) pay in advance a filing fee of twenty -five dollars for certified first responder or emergency medical technician -basic certification or fifty dollars'for any other level of certification; (4) not have any convictions for any crime or crimes related to murder, manslaughter, assault, sexual abase, theft, robbery, drug abuse, or sale of drugs or currently be under charges for such a crime unless the department finds that such conviction or charges do not demonstrate a present risk or danger to patients; and (5) be at least eighteen years of age. 800.13 CERTIFICATION The department: (a) shall grant reciprocal certification to any qualified person with out- 4state certification or licensure, provided that there are no outstanding violations or charges of violations of the rules or laws governing emergency medical services in the state(s) in which the person holds certification or licensure. attp: / /www.health. state .ny.us /nysdohlems /part800_htm 11/04/2004 LltiVi r Lju j 1N1L1�U%1C11 UN1 Y1f1%10 1'ti.8G 7 U1 L 3 (1) Such certification shall expire on the same date as the applicant's out -of- -state certification, except that such certification shall be for no more than three years. - (2) Candidates who are required to pass both the written and practical skills examinations as part of this process shall have the expiration of their certifications determined by section 800.17. (b) may require the candidate to pass the written or practical skills examinations in order to determine the equivalency of training; and (c) shall keep the processing fee, even if the application for certification is denied. 800.14 EMERGENCY MEDICAL TECHNICIANS CERTIFIED BY STATES BORDERING NEW YORK Emergency medical technicians certified by Vermont, Massachusetts, Connecticut, New Jersey, or Pennsylvania may practice in New York State without New York State certification, while (a) transferring a patient across the border between New York State and the certifying state; or (b) providing emergency medical care in New'York State pursuant to a mutual aid agreement with a New York State certified or registered ambulance service. The mutual aid agreement must -be in writing, signed by an authorized officer of both ambulance services; and must delineate the protocols to be adhered to by the out- of-state emergency medical technicians and shall be on file with the department 800.15 REQUIRED CONDUCT Every person certified at any level pursuant to these regulations shall: (a) at all times maintain the confidentiality of information about the names, treatment, and conditions of patients treated except: (1) a prehospital care report shall be completed for each patient treated when acting as part of an organized prehospital emergency medical service, and a copy shall be provided to the hospital receiving the patient and to the authorized agent of the department for use in the State's quality assurance program; (2) to the extent necessary and authorized by the patient or his or her representative in order to collect insurance. payments due; (3) to the extent otherwise authorized by law; (b) when acting as a certified first responder, an emergency medical technician, or advanced emergency medical technician, treat patients in accordance with applicable State - approved protocols, unless authorized to do otherwise for an individual patient by a medical control physician; and (c) comply with the terms of a non - hospital order not to resuscitate when provided with such order issued on the standard form prescribed by the Department of Health, or when a DNR bracelet, developed by the Department of Health to identify individuals for whom a non - hospital order not to resuscitate has been issued, is identified on the patient's body. (1) emergency medical services personnel may disregard the order not to resuscitate if: (i) they believe in good faith that consent to the order has been revoked, or that the order has been canceled, or http: / /www.bealth. state .ny.-as /nysdoh/ems/part800.htm 11/04/2004 LiLlll+i �'i..il4�' iY1LUiLGi ULL Y1NN0 I agg IV V} L.� (ii) family members or others on the scene, excluding such personnel, object to the order and physical confrontation appears likely. (2) Hospital emergency service physicians may direct that the order be disregarded if other significant and exceptional medical circumstances warrant disregarding the order. (3) No person shall be subjected to criminal prosecution or civil liability, or be deemed to have engaged in unprofessional conduct, for honoring reasonably in good faith pursuant to this subdivision a non - hospital order not to resuscitate, for disregarding such order pursuant to paragraph (1) or (2) of this subdivision or for other actions taken reasonably in good faith pursuant to this subdivision. (d) not use an automated external defibrillator unless: (1) he is acting as a certified first responder, emergency medical technician or advanced emergency medical technician; and (2) under medical control; and (3) when authorized by and serving with an agency providing emergency medical services which has been approved by the regional emergency medical advisory committee to provide AED level care within the EMS system; and (4) after completing AED training which meets or exceeds the state minimum AED curriculum. 800.16 SUSPENSION OR REVOCATION OF CERTIFICATION Any certification issued pursuant to this Part may be suspended for a fixed period, revoked or annulled, or the certificate holder may be censured, reprimanded, or fined in accordance with section 12 of the Public Health Law, after a hearing. conducted pursuant to section 12 -a of the Public Health Lave, the department determines that the certificate holder: (a) ' has failed to comply with the requirements of section 800.15 of this Part; (b) has been'found guilty of either fraud, deceit, incompetence, patient abuse, theft, or dishonesty in the performance of the certificant's duties and practice; (c) has been found guilty of fraud or deceit in the procuring of certification; (d) has been convicted of any crime or crimes related to murder, manslaughter, assault, sexual abuse, theft, robbery, drug abuse or sale of drugs unless the department finds that such conviction or charges do not demonstrate a present risk or danger to patients; (e) has provided patient care or driven an ambulance or other emergency medical services response vehicle while under the influence of alcohol or any other drug affecting physical coordination or intellectual functions; (f) has knowingly aided or abetted another in practice as an emergency medical technician who is not . . certified as such; or (g) has held him or herself out as being certified at a higher level. than actually certified, or has used skills restricted to individuals holding a higher level of certification. 800.17 PERIOD OF CERTIFICATION (a) Expiration of initial certification. A candidate's initial certification A all expire at 11:59 p.m. on the last day of the month 37 months following the month in which the candidate passed the written certification examination. (b) Expiration of subsequent certifications. (1) A candidate who completes the requirements of section 800.8 during the last nine months of b - /It%nxr%x1 b,-Atli z - nv mz/ nvC'dnh/1 I .. rS q/ng7tR()0 btrn 1 1/ 04 /20 04 his or her certification shall have his or her certification extended for an additional thirty -six months; (2) The certification of a candidate wh .completes the requirements of section 800.8 at any other time while certified shall expire at 11:59 p.m. on the last day of the month 37 months following the month in which the candidate passed the written certification examination. _ - (3) The certification of a candidate who recertifies pursuant to section 800.18 shall expire at - 11 :59 p.m. on the last day of the month 37 months following the month in which the candidate passes the written certification examination. 800.18 LAPSED CERTIFICATION (a) During the twelve months immediately following the expiration of certification, a candidate may recertify by meeting the requirements of section 800.8. (b) After the first day of the thirteenth month immediately following the expiration of certification, a candidate may recertify by completing the requirements of section, 800.8 and by successfully completing a refresher course and corresponding practical skills and written certification- examinations at or below the level at which certification was held. 800.19 DEMONSTRATION PROJECTS (a) Purpose. The State Emergency Medical Services Council may authorize, after review by the appropriate regional emergency medical services council and subject to the approval of the Commissioner, demonstration projects of a limited duration for the purpose of demonstrating either: (1) new shills not currently practiced by CFRs, EMTs or,AEMTs, or (2) the appropriateness of moving a 'skill to another level. (b) Requirements of demonstration projects. (1) The Commissioner shall specify the duration of the project and the requirements for evaluation of the project. (2) The State Emergency Medical Services Council shall recommend the training requirements for each project, including the knowledge and skill objectives, subject to the approval of the Commissioner. 800.20 COURSE SPONSORS (a) Approval of course sponsors. (1) When applying for original approval or re- approval, every course sponsor shall file a completed application on a form provided by the Department. (2) Approval of a course sponsor shall be for no more than two years. Approvals shall expire on July 1. One half the approvals of sponsors condactingcourses on the effective date of this part shall expire on the next succeeding July 1 and the other half shall expire on the second succeeding July 1. (3) Original and renewal sponsorship applications shall be reviewed by the appropriate regional emergency medical services council, which shall forward its recommendation to the department within 45 days of receiving the application. If the regional council is a course sponsor, it shall consider only the capability of the sponsor to meet the requirements of this http: / /Www.health. state .ny.us /aysdoWems /part800.htm 11/04/9004 2 _r l 1 Xa V1 L.J part. If the regional council is not a course sponsor, it may consider the size of the potential student pool and the impact of au'adil tional sponsor on the ability of existing sponsors to sustain a student body of adequate size. The department, when malting a determination with regard to original and renewal sponsorship applications, shall consider the capability of the sponsor to meet the requirements of this part, the size of the potential student pool and the impact of an additional sponsor on the ability of existing sponsors to sustain a student body of adequate size. (4) The application for approval shall include the names of certified instructor coordinators and certified lab instructors who will be providing instructional services. (b) . Course planning. Each course sponsor shall on or before July I and January I of each year submit to the appropriate regional emergency medical services councils and the department a projected schedule of courses for the next six months, including the course type, tentative dates and locations, and proposed certified instructor coordinators. (c) All course sponsors shall meet the following requirements: {I) Administration. Course sponsors shall comply with the following administrative requirements: (i) The course sponsor shall B applications for courses by the deadline included in a schedule supplied by the Department; {ii) The course sponsor shall not admit students who do not meet the age requirements for certification in accordance with this Part, or who do not meet the requirements for entry into a refresher course (Le., previous completion of an original course); (iii) The course sponsor shall submit student applications, in accordance with a schedule supplied by the department; (iv) _ The course sponsor shall certify to the department those students who have met the requirements of the curriculum approved by the department and the State Emergency Medical Services Council. (2) Equipment and Supplies. Supplies and equipment adequate for the provision of instruction Shall be available consistent with the curriculum and sufficient for the number of students enrolled. (3) Instructional Faculty. Every course except continuing education courses shall have a Certified Instructor Coordinator. Each continuing education course shall be conducted by faculty who have completed an instructor training course, conducted by the Department, for that course. The lab faculty of all courses except continuing education courses shall include one or more certified laboratory instructors. (4) Admission Policies and Procedures. Admission of students shall be made in accordance with clearly defined acid published policies of the course sponsor, which shall be available to the department on request. Specific academic, health related, and technical requirements for admission shall also be clearly defined and published. The standards and prerequisites for admission shall be made known to all individuals expressing an interest in enrollment. (5) Curricula. All emergency medical services training courses that result in state certification shall meet the following minimum standards regarding curricula for the specified eertfication level. (i) Any curriculum for each specified certification level must contain the following minimum course content areas: (a) Certified First Responder (CFR) (I) basic adult and pediatric patient assessment, including history taking, physical assessment, and determination ofvital signs; http: / /www.health. state .ny.us /nysdob/ems /pa:rt8OO.htm 11/04/2604 _ A415" _j ­1L...i1VIJ.1 ­­­ X 41g6 13 U1 G.7 - (2) basic cardiopulmonary resuscitation (CPR) (3) basic airway management and oxygen therapy, (4) basic hemorrhage control; (5) manual stabilization of the spine; (6) - spinal immobilization, including application of a rigid extrication collar, and (7) emergency childbirth. (b) Emergency Medical Technician - Defibrillation (EMT -D). In addition to the requirements of clause (a) of this subparagrah: (1) basic management of soft tissue injuries; .(2) basic management of suspected fractures; (3) basic management of shock and use of medical anti -shock trousers; (4) basic management of medical and traumatic emergencies, adult and. pediatric; (5) adult automated external defibrillation; and (6) basic management of behavioral emergencies.. (c) Emergency Medical Technician - Intermediate (EMT -1). In addition to the requirements of clauses (a) and (b) of this subparagraph: (1) advanced airway management with endotracheal intubation and other definitive airways; and (2) peripheral intravascular therapy. (d) Emergency Medical Technician - Critical Care (EMT -CC). In addition to the requirements of clauses (a), (b) and (c) of this subparagraph: (1) medication administration; (2) fundamentals of electrocardiogram (EKG) rhythm interpretation and manual defibrillation; (3) advanced management of life- threatening cardiovascular emergencies; (4) synchronized cardiaversion; (s) advanced management of respiratory emergencies; (6) advanced management of endocrine-emergencies; and (7) advanced management of anaphylaxis, poisoning, drug abase and overdose. (e) Emergency Medical Technician - Paramedic (EMT -P). In addition to the requirements of clauses (a), (b), and (d) of this subparagraph: (1) advanced electrocardiogram (EKG) rhythm interpretation; (2) advanced management of cardiovascular emergencies; (3) chest decompression; (4) surgical airways; (5) transcutaneous pacing; (6) advanced management of central nervous system emergencies; (7) advanced management of acute abdomen, genitourinary and reproductive system emergencies; (8) advanced management of environmental emergencies; (9) advanced management of geriatric emergencies; (10) advanced management of pediatric emergencies; (11) advanced management of obstetrical and gynecological (OB /GYN) emergencies: http: / /www_health. state .ny.us /nysdoh/6ms /Pait8OO.htm 11/04/2004 (12) management of neonatal emergencies; and (13) management of behavioral emergencies including pharmacological interventions. (ii) The department shall maintain and provide for distribution of the approved model curriculum and any publication that directly relates to an "approved emergency medical technician services training course curriculum. This material shall be available for public inspection and copying at the New York State Department of Health, Office of Regulatory Reform, Empire State Plaza, Corning Tower Building, Room 2415, Albany, New York 12237. (iii) Use by course sponsors of the model curriculum developed by the New York State Emergency Medical Services Council (SEMSC) and approved by the Commissioner or her/his designee shall not require further review or approval. All other proposed curricula shall be reviewed by the SEMSC for compliance with the minimum standards described in the paragraph, aad its recommendation shall be provided to the Commissioner or her/his designee for approval. (6) Evaluation. Evaluation of students shall be conducted on a recurring basis and with sufficient frequency to provide the student, course medical director and certified instructor coordinator with valid and timely indicators of the student's progress toward and the achievement of the competencies and objectives stated in the curriculum: In order to ensure effectiveness of student evaluation, the test instruments and evaluation methods shall undergo at least annual review. When appropriate, reviews shall result in the update, revision, or formulation of more effective test instruments or evaluation methods. The reviewers shall include at least "a certified instructor coordinator. (7) Identification. Students at clinical or internship sites shall be clearly identified by name and student status, using nameplate, uniform, or other apparent means to distinguish them from other personnel. (S) Fair Operational Practices. Announcements and advertising shall accurately reflect the program offered. Student and faculty recruitment, student admission, and faculty employment practices shall be non - discriminatory with respect to race, color, creed, sex, age and national origin. The course sponsor shall have written policies which shall be approved by the department as being consistent with the curriculum, equitable in their treatment of students and in compliance with the requirements of this Part. Such policies shall be issued to all students at the first course session or earlier covering each of the following subjects: (i) course goals and objectives, (i I) interim testing requirements and pass /fail criteria, (iii) interim exam retesting, (iv) attendance requirements and make -up procedure, (v) requirements regarding personal conduct and ethics, (vi). emergency class cancellation procedure, (vii') course termination /expulsion and appeal procedure, (viii) textbooks required, (ix) tuition refund schedule, and (x) a student - course sponsor learning contract for all refresher courses. (9) Record keeping. (i) The course sponsor shall maintain for a period of at least five years, files which contain the following documentation on individual students. There shall be a system for accessing individual information. (a) individual attendance record, http: / /www. health. state.ny.us /nysdoh /ems /part80O.htm 11/04/2004 Z "ri- iJ v.L e., (b) signed student - course sponsor learning contract if applicable, (c) interim examination results, (d) practical skills examination sheets, and (e) clinical experience documentation and field internship experience documentation which show the student achieved the objectives of the clinical and field internship experiences and who evaluated the student's performance. . (ii) The course sponsor shall maintain on file for a period of atleast five (5) years individual course files which shall contain the following documentation: (a) for state funded courses, financial records showing all sources of funding and all expenditures for each course, (b) a list of the names. of each faculty member, (c) the certification exam grades and other documentation received from the department pertaining to each individual course, (d) a copy of each interim examination administered, or a record of where it can be found and (e) - a copy of the course application, schedule and course approval from the department. The course sponsor shall maintain the names, last known addresses, business telephone numbers, and qualifications of all faculty. This information shall be maintained on file for the duration of the faculty member's working association with the sponsor plus S years. (10) Sponsor's Medical Director. Each course sponsor shall have a physician medical director, who shall be responsible for assuring the medical accuracy and medical appropriateness of the educational program and supervising all advanced life support course clinical and internship programs. The sponsor's medical director may delegate the medical direction of a specific course to another physician, provided that the department is notified in whiting at least thirty days prior to the start of the course. (11) Practical Skills Examinations. The course sponsor shall follow the administrative procedures issued by the department for conducting the practical skills examination. (d) The following requirements apply to advanced life support course sponsors and accredited paramedic coarse sponsors: ( ( ( Evaluation. The annual review of test instruments and evaluation methods shall be conducted litt / / Www_ health. state .ny.us /nysdoh/ems /part$0O,bt Clinical Resources. Clinical affiliations shall be established and confirmed in written affiliation agreements with institutions and agencies that provide clinical experience under appropriate medical direction and clinical supervision. Students shall have access to patients who present common problems encountered in the delivery of advanced emergency care so that the students may meet the clinical objectives. Supervision in the clinical setting shall be provided by program instructors or hospital personnel, such as nurses or physicians, if they have been approved by the program to function in such roles. The ratio of instructors to students in the clinical facilities shall be no greater than I :6. Fair Operational Practices. Each sponsor shall have written policies which shall be approved by the department as being consistent with the curriculum, equitable in their treatment of students and in compliance with the requirements of this Part. Such policies shall be issued to all students at the first course session, or earlier, covering each of the following subjects: (i) clinical experience requirements and objectives, (ii) field internship experience requirements and objectives. 11/04/2004 i Uss t V VZ L., by the sponsor's medical director and one or more certified instructor coordinators. C ertified Amb alance Services (C (d) (e) () (g) 0) (1) (k} 804.21 GENERAL REQUIREMENTS An ambulance service shall: (a) have a valid Department of Health certificate of inspection and Department of Motor Vehicles certificate of inspection on each vehicle at all times while it is in service; (b) withdraw from service any ambulance or emergency ambulance service vehicle which is not in compliance with requirements of this part, or not in compliance with requirements of the Department of Motor Vehicles. Any vehicle with hales (from rust, poor gaskets, etc,) into the patient compartment must also be withdrawn from service; notify the department in writing when any ambulance or emergency ambulance service vehicle is permanently removed from service. Such vehicles must have removed all departmental , certification stickers and logos; display an out -of- service sticker supplied by the department on any vehicle taken temporaril out of service in accordance with the departmental procedures currently in effect; display on the exterior of both sides and the back of all ambulance and emergency ambulance service vehicles the name of the service in letters not less than 3 inches in height and clearly legible. The logo provided by the department shall also be displayed on both sides and the back of every ambulance and shall be removed upon sale or transfer of the vehicle; maintain an ambulance which shall conform to the standards set forth in this Part; equip any ambulance or emergency ambulance service vehicle placed in service with the minimum equipment set forth in. this part. have on each call at least one attendant who is a certified emergency medical technician in attendance with the patient at all times except for transfers between hospitals. Another licensed .health care provider specifically authorized in writing by a physician may serve as the patient care attendant on transfers between hospitals. The ambulance service shall maintain the physician's order for three years. A licensed driver shall drive the ambulance; transport all patients in the patient compartment except in extenuating circumstances documented on the record of the call; make available for inspection, with or without notice, to representatives of the department all vehicles, materials, equipment, personnefrecords, procedures, and facilities; maintain current and accurate personnel files for all drivers, certified first responders; emergency medical technicians, and advanced emergency medical technicians, showing qualifications, training and certifications, and health records, including immunization status. Employee health records shall be maintained separately and in compliance with all applicable requirements. Information contained in such personnel files shall be reviewed annually, and may be disclosed only to authorized individuals. Training records must include at a minimum: (1) copies of state issued certifications; (2) all records of additional or specialized training; and (3) all records of arry in- service and continuing education programs; (I} maintain a record of each ambulance call in accordance with the provisions of section 800.32 of this part; (m) maintain adequate and safe storage facilities for equipment, clean supplies and linen, soiled linen and waste at the place where the ambulance is based; (n) maintain the interior of the vehicles and equipment in a clean and sanitary condition; (o) operate only within its primary territory except: http: / /www_hcalth. state .ny- us /nysdoh/ems /pang0o.htrn 11/04/2004 A a6LI 1 ! Vi LJ (1) when receiving a patient which it initially delivered to a facility outside its primary territory; or () in response to a request for mutual aid from another certified or registered ambulance service; or (3) in response to a mutual aid plan implemented by a central dispatch agency on behalf of a certified or registered ambulance service or on behalf of a county or city emergency management office; or �4} if a voluntary service, when transporting a patient who is a resident of the primary operating territory; or (5) by approval of the department or the appropriate regional emergency medical services council for up to 60 days if the expansion of territory is necessary to meet an emergency need. (p) have and enforce written policies concerning: (i) mutual aid, including any required authorizations and agreements, to request the response of the nearest, appropriate, available EMS service(s). The written plan shall consider the incident location and access to it, location of the mutual aid agency, primary service territory, authorized level of service, staff availability and any other pertinent information when identifying the mutual aid agency; (2) coverage of the ambulance service's response area when it is unable to respond to emergency call for assistance; (3) the maximum call receipt interval for all emergency calls for assistance, except for MCI or disaster situations; (4) actions to be taken if the maximum call receipt interval determined in (3) is exceeded and an ambulance has not yet started toward the incident location; (5) authorization and protocols for a central dispatch agency to send a'mutual aid service when the service does not or cannot respond; (6) minimum qualifications and job descriptions for all patient care providers, drivers and EMS dispatchers; () physical, health and immunization requirements for all patient care providers' and drivers, including provisions for biennial review and updating of such requirements; (S) preventive maintenance requirements for all authorized EMS response vehicles and patient care equipment; (9) cleaning and decontamination of authorized EMS response vehicles and equipment;. (10) egnipping and inspection of all authorized EMS response vehicles; (11) reporting by the agency of suspected: (i) crime's; (ii) child abuse; (iii) patient abuse; and /or (iv) domestic violence, including any directed toward elderly persons; (12) responsibilities of patient care providers when: 0) a patient cannot be located; entry can not be gained to the scene of an incident; a patient judged to be in need of medical assistance refuses treatment and/or transportation; (iv) patients seek transportation to a hospital outside the area in which the service ordinarily transports patients; (v) a receiving hospital requests that a patient be transported to another facility before arrival at the hospital; (vi) treating minors; . �ttp : / /www.health. state .ny.us /nysdoh/ems /part8OO.btm I I MA lIn()A J,' agv 10 U.L GJ (vii) treating or transporting patients with reported psychiatric problems; and /or (viii) confronted with an unattended death. (13) infection control practices and a system for reporting, managing and tracking exposures and ensuring the confidentiality of,all information that is in compliance with all applicable requirements, (14) by July 1, 1995 have a response plan for hazardous material incidents. Participation in a county or regional plan will meet this requirement. (15) by July 1, 1996 have a response plan for multiple casualty incidents. Participation in a county or regional MCI plant will meet this requirement. (q) upon discovery by or report to the governing authority of the ambulance service, report to the Department's Area Office by telephone nci later than the following business day and in writing within 5 working days every instance in which. (1) a patient dies, is injured or otherwise harmed due to actions of commission or omission by a member of the ambulance service; (2) an EMS response vehicle operated by the service is involved in a motor vehicle crash in which a patient, member of the crew or other person is killed or injured to the extent requiring hospitalization or care by a physician; (3) any member of the ambulance service is killed or injured to the extent requiring hospitalization or care by a physician while on duty; (4) patient care equipment fails while in use, causing patient harm; (5) it is alleged that any member of the ambulance service has responded to an incident or treated a patient while under the influence of alcohol or drugs; [r) On or in a form approved by the Department, maintain a record of all unexpected authorized EMS response vehicle and patient care equipment failures that could have resulted in harm to a and.the corrective actions taken. A copy of this record shall be submitted to the Department with the EMS service's biennial recertification application. 800.22 REQUIREMENTS FOR CERTIFIED AMBULANCE VEEEICLE CONSTRUCTION. ALL AMBULANCES SHALL: (a) have the following headroom: (1) if placed in- service after January 1, 1980 have a minimum of 54 inches headroom in the patient compartment measured from floor to ceiling, or (2) if placed in- service on or before January 1, 1980, have a minimum of 48 inches headroom in the patient compartment, measured from floor to ceiling; (b) have a clear interior width to accommodate two recumbent patients with adequate room for an attendant to provide patient care; (c) have a patient compartment, longer at the head and foot than the patient carrying device, and must have adequate space to allow an attendant to work at the head of the patient; (d) have seat belts on all seats in the driver's and patient compartments, including the squad bench; (e) have two -way voice communication equipment to provide communications with hospital.emergency departments directly or through a dispatcher, throughout the duration of an ambulance call within their primary operating area. It shall be licensed by the Federal Communications Commission in other than the Citizens Band. Alternate communication systems are subject to approval of the department as being equivalent in capability. (f) have a curbside door large enough to allow for removal of a recumbent patient on a stretcher or cot; http: / /Www. health_ state .ny.us /nysdoh/ems /Part800.htin 11/04/2004 •----- a _...._� _.__�_� �__._.._„ rage 17 V1 G.] _ (g) have all ambulances built after July 1, 19,90, equipped with a heating, ventilation and air conditioning system which maintains the patient compartment at approximately 75 degrees Fahrenheit regardless of outside temperature; (h) have all cots and devices used to transport patients secured while in motion. Such capability shall be demonstrated to the department upon inspection. These shall be crash resistant. 800.23 GENERAL REQUIREMENTS RELATED TO EQUIPMENT (a) All equipment shall be clean, sanitary, and operable. (b) The emergency medical technician must be able to operate all equipment on board the ambulance or emergency ambulance service vehicle within the scope of his/her certification. (c) Any volume of liquid in excess of 249 milliliters stored in the ambulance must be in plastic containers. (d) Insofar as practical, all equipment in every vehicle shall be secured to the vehicle whenever the vehicle is in motion. (e) All pressurized gas cylinders shall be secured and in compliance with Federal DOT hydrostatic test expiration dates; (1) If controlled substances, drugs or needles are carried, there shall be a securely locker/ cabinet in which these items are stored when not in use. 800.24 EQUIPMENT REQUIREMENTS FOR CERTIFIED AMBULANCE SERVICE All ambulances in a certified ambulance service shall be equipped with the following unless exempted Pursuant to section 800.25: (a) Patient transfer equipment consisting of: (1) wheeled ambulance cot capable of supporting the patients in the Fowlers position; (2) a device capable of carrying a second recumbent patient; (3) a device enabling ambulance personnel to carry a sitting patient over stairways and through narrow spaces where a rigid litter cannot be used. The-requirements of paragraphs (2) and (3) of this subdivision may be satisfied by use of one combination device capable of both operations; (4) all litters and cots used to transport patients shall be secured using crash resistant fasteners. The ambulance shall be equipped with securing devices such that two patient carrying devices can be simultaneously secured; and (5) ambulance cots and other patient carrying devices shall be equipped with at least two, two - inch wide web straps with fasteners to secure the patient to the device and the cot. (b) Airway, ventilation, oxygen and suction equipment consisting of (1) a manually operated self-refilling adult -size bag valve mask ventilation device capable of operating with oxygen enrichment, and clear adult -size masks with air cushion; (2) four oropharyugeal airways in adult sizes; (3) portable oxygen with a minimum 350 liter capacity (medical "D" size) with pressure gauge, regulator and flow meter and one spare cylinder, medical "D" size or larger. The oxygen cylinders must contain a minimum of 1000 PSI pressure; (4) an in- ambulance oxygen system with a minimum 1200 liter capacity (two medical "ET' size) with yoke(s), or CDC fitting, pressure gauges, regulators, and flow meters capable of delivering oxygen to two patients at two different flow rates of up to 15 liters per minute simultaneously. http://vAvw-health.state.ny.us/nysdob/ems/P art 8 00-htm II1041 ')Ono 1 a), LV Ul LS - (5) four each, non - rebreather oxygen masks, and four nasal cannulae; (6) portable suction equipment capable, according to the manufacturers specifications, of producing a vacuum of over 300 ,millimeters ofinercury when the suction tube is clamped. This will meet the 800.24(b)(7) requirement if equipped to operate off the ambulance electrical system; (7) installed adjustable suction capable of producing a. vacuum of over 300 millimeters of mercury when tube is clamped; and (8) two plastic Yankauer -type wide bore pharyngeal tips individually wrapped. - (c) Immobilization equipment consisting of: _- (1) one full size (at least 72 inches long and 16 inches wide) backboard with necessary straps capable of immobilizing the spine of a recumbent patient; . (2) one half length spinal immobilization device with necessary straps capable of immobilizing the spine of a sitting patient; (3) one traction splinting device for the lower extremity; and (4) two of each of the following size padded boards, with padding at least 3/8 inches thick: (i) 41/2 feet by 3 inches -- (ii) - 3 feet.by 3 inches or equivalent device (iii) 15 inches by 3 inches or equivalent device - (5) one set of rigid extrication collars capable of limiting movement" of the cervical spine. The set shall include large, medium and small adult -size rigid extrication collars which permit access to the patient's anterior neck; and (6) a device or devices capable of immobilizing the head of a patient who is secured to a long backboard. (d) Bandaging and dressing supplies consisting of. (1) twenty -four sterile gauze pads 4 inches by 4 inches; (2)' three rolls adhesive tape in two or more sizes; (3) ten rolls of conforming gauze bandages in two or more sizes; (4) two sterile universal dressings approximately 10 inches by 30 inches; (5) . ten large sterile dressings 5 inches by 9 inches minimum; (6) one pair bandage shears; (7) two sterile bed -size burn sheets; (8) six triangular bandages; (9) one liter of sterile normal saline in plastic container(s) within the manufacturer's expiration date; and (10) roll of plastic or aluminum foil or equivalent sterile occlusive dressing. (e) Emergency childbirth supplies in a kit, consisting of the following sterile supplies: (1) disposable gloves; (2) scissors or scalpel; (3) umbilical clamps or tape; (4) bulb syringe; (5) drapes; and (6) 1 individually wrapped sanitary napkin. (fJ Miscellaneous and special equipment in clean and sanitary condition consisting o f . (1) linen and pillow on wheeled ambulance cot and spare pillow, two sheets, two pillow cases and htt / /www.health- state .ny.us /nysdoh/ems /paxt800.htm l 11/04/2004 rage 2. 1 or zi two blankets; (2) four cloth towels; (3) one box facial tissues; (4) two emesis containers; (5) one adult size blood pressure cuff with gauge; (6) stethoscope; (7) carrying case for essential emergency care equipment and supplies; (8) four chemical cold packs; (9) one male urinal; (10) one bed pan; (11) two sets masks and goggles or equivalent; (12) - two pair disposable rubber or plastic gloves; (13) one liquid glucose or equivalent; . (14) six sanitary napkins individually wrapped; and (15) one pen light or flashlight. (g) Safety equipment consisting of: (1) six flares or three U.S. Department of Transportation approved reflective road triangles; (2) one battery lantern in operable condition; and . (3) one Underwriters' Laboratory. rated five pound U.L. -rated ABC chemical fire extinguisher or any extinguisher having 'a U.L. rating of I OBC: (h) Pediatric equipment consisting of: (1) pediatric bag valve mask, equipped with oxygen reservoir system; (2) clear face masks in newborn, infant and child sizes, inflatable rim (or mask with minimal under -mask volume) to fit above; (3) two each nasal cannula, and two each oxygen masks including non-rebreather in the pediatric size; (4) ' two each oropharyngeal newborn, infant and child size airways; (5) sterile suction catheters, two each in sizes 5, 8 and 10 french; (6) two sterile DeLee type suction catheters 910 or modified suction traps, or two small bulb syringes; (7) one sterile single use disposable oxygen humidification setup; (8) child and.infant size blood pressure cuff's with gauge(s); (9) one rigid extrication collar in pediatric size; (10) one pediatric stethoscope (interchangeable type acceptable); (11) one commercially prepared infant swaddler. 800.25 SPECIAL USE VEHICLES A vehicle used exclusively for a special purpose, such as the transportation of neonates, may be authorized by the Commissioner, pursuant to a written application by the service, to not carry specific items of equipment otherwise required by these regulations if the equipment is shown to be unnecessary for the special use proposed. 800.26 EMERGENCY AMBULANCE SERVICE VEHICLE EQUIPMENT REQUfREMENTS Any emergency ambulance service vehicle (other than an ambulance) shall be equipped and supplied with: (a) Emergency care equipment consisting of http: / /www.health. state .ny.us /nysdoh/ems /DartgOO.btm ,, Inn r7nne 1 J_LLVi S1..21Vy AYiV "4 VLl yl6. .,) K - ZIPO GG V1 L7 (1) twelve sterile 4 "x4" gauze pads; (2) adhesive tape, 3 rolls assorted sizes; (3) six rolls conforming gauge bandage, assorted sizes; (4) two universal dressings, minimum 10 by 30 inches; (5) six 5 11 x9" (minimum size) sterile dressings or equivalent; (6) one pair of bandage shears; (7) six triangular bandages; (8) sterile normal saline in plastic container (1/2 litre minimum) within the manufacturer's expiration date; (9) one air occlusive dressing; (10) one liquid glucose or equivalent; (11) disposable sterile burn sheet; (12) sterile O.B. kit; (13) blood pressure sphygmomanometers cuff in adult and pediatric sizes and stethoscope; (14) three rigid extrication collars capable of limiting movement of the cervical spine. These collars shall include small, medium and large adult sizes; and (15) carrying case for essential equipment and supplies. (b) Oxygen and resuscitation equipment consisting of: (1) portable oxygen with a minimum 350 titer capacity with pressure gauge regulator and flow meter medical "D" size or larger. The oxygen cylinder must contain a minimum. of 1000 PSI pressure; (2) manually operated self - refilling bag valve mask ventilation devices in pediatric and adult sizes with 'a system capable of operating with oxygen enrichment and clear adult, and clear pediatric -size masks with air cushion; (3) four oropharyngeal airways in a range of sizes child through adult individually wrapped or boxed; (4) two each: disposable non- rebreather oxygen masks, and disposable nasal cannula individually wrapped; (5) portable suction equipment capable; according to the manufacturer's specifications, of producing a vacuum of over 300 m.m.1fg when the suction tube isclamped and including two plastic Yankauer wide bore pharyngeal suction tips, individually wrapped; and (6) pen light or flashlight. (c) A two -way voice communications enabling direct communication with the agency dispatch_ er and the responding ambulance vehicle on frequencies other than citizens band. (d) Safety equipment consisting of: (1) six flares or three U.S. Department of Transportation approved reflective road triangles; (2) one battery lantern in operable condition; and (3) one Underwriters' Laboratory rated five-pound ABC fire extinguisher or any extinguisher having a "UL rating of 10BC. (e) Extrication equipment consisting of: (1) one short backboard or equivalent capable of immobilizing the cervical spine of a sitting patient. The backboard shall have at least two 2" x 9' long web straps with fasteners unless straps are affixed to the device; and (2) one blanket. Aircraft and boats httn:// vrww _health_state.nv.iis /nv.gdoh /ems /nartROO-fi #m I t InAIMAA l✓l,.[.[LL }Y2 VWl 800.27 AIRCRAFT AND .BOATS rage .c.i oz z-.j (a) Ambulance services desiring to operate aircraft and boats to transport emergency patients shall file with the Commissioner all forms required of a certified ambulance service and will be governed by all sections of this Part referring to a certified ambulance service. (b) When the condition of the mode of transport and the configuration of the aircraft or boat provides a hardship, a variance may be obtained from the regulations bypetitioniiig the Commissioner for . said variance. Pre -h s ital DNR Orders 500.40 NON - HOSPITAL ORDERS NOT TO RESUSCITATE (a) A non - hospital order not to resuscitate shall consist of a form issued by the Department bearing the. name of the person to whom the order applies, that person's date of birth; the issuing physician's signature and a hand- printed or typewritten naive and license number, and the date of issuance: (b) A DNR bracelet shall consist of a piece of metal no less than 1.5 inches length and no Tess than one -half inch in width with the symbol commonly referred to as the caduceus on the obverse and the words "Do Not Resuscitate" in letters of no less than 16 point size on the reverse. The ends of the piece of metal shall be linked to oneanother with material of sufficient strength. as to he serviceable for ordinary use. A caduceus is a representation of a staff with one entwined snake and one vying at the top. (c) DNR bracelets may be sold for use only by persons who have been issued a valid nonhospitaI order not to resuscitate. Send questions or comments to: en iWrealth.statany.us Revised• August 1998 NYSDOH Web Site HeIR http: //www.health-state.ny.us/nvsdoh/ems/narf.ROO.htm 11 IAA M n n e VLL -T The Honorable Anthony Masiello Mayor City of Buffalo Buffalo Emergency Medical Service Board Rules and Regulations Board Revised and. Adopted May, 2001 J UFFALO EMERGENCY MEDICAL SERVICES BOARD (R-E.M.S. B. - RULES' AND REGULATIONS Pursuant to the authority vested in the Buffalo Emergency Medical Services. Board, pursuant to hapter XXV of the Ordinances of the City of Buffalo, the RULES AND REGULATIONS for licensed nbulance service in the City of Buffalo are adopted and published as follows: y ' AMBULANCE ZONES Ambulance zones for the City of Buffalo shall be established and modified from time to time by the Buffalo Emergency Medical Services Board. ERIE COUNTY EMERGENCY SERVICES COMMUNICATIONS CENTER .S. - .C. Buffalo Ambulance Dispatch and Inspection (A.D.I.) shall be the sole agency for 01 91 emergency dispatch of ambulance services licensed pursuant to the Buffalo Ambulance Ordinance: The A.D.I. dispatcher represents the authority of the B.E.M.S.B. for dispatching 911 ambulance services. Providers and their employees who fail to follow A.D.I. directives may be subject to Board action. All emergency ambulance services shall be dispatched using Emergency Medical Dispatch (E.M.D.) protocols as follows: a) The A.D.I. dispatcher shall, at all times, monitor ambulance status, identifying all ambulances in service, their level'of care and their availability for emergency calls. b) All ambulances will respond-to emergency calls and report in or out of service to A.D.I. Every ambulance leaving its assigned zone, taking a private call, going completely out of service, or having an accident or breakdown shall report "out of service" to A.D.I. before leaving its assigned Zone. c) Upon completion of a call, the ambulance shall report its status to A.D.I. N 1 d) Calls directed to a specific ambulance shall be handled by that ambulance unless another ambulance of the same operator in the same zone is nearer and is approved by A.D.I. e) Ambulance crews with requests for police, patient removal, medical assistance, etc, shall make those requests through A.D.I. f) If another ambulance'is used to replace a disabled vehicle, A.D.I. must be notified. 3) REPORTS, RECORDS. and REQUESTS Each licensed ambulance service shall maintain a complete record and log of all calls and make them available upon request of B.E.M.S.B. within 24 hours. All complaints or inquirie's with respect to emergency ambulance service or alleged violations of the City of Buffalo Ambulance Ordinance, regulations or rulings of the Board shall be addressed to; Buffalo Emergency Medical Services Board Room 113 City-Hall Buffalo, New York 14202 4) COMPLAINTS RELATIVE TO PREHOSPITAL CARE SERVICES ORIGINATING WITHIN THE CITY OFBUFFALO: Any oral or written complaint received by a prehospital care provider shall be submitted in writing to the B.E.M.S.B. within 48 hours. (not including weekends and holidays), The provider or agency shall also, within the same 48 hours, provide the B.E.M.S.B. with a report that includes any investigation, plan of investigation or sanction in relation to that complaint. This policy ipplies to EMS services within the City of Buffalo as provided by ambulance companies and their providers, the Buffalo Fire Department and others. 91 C 5) APPLICATIONS FOR AMBULANCE VEHICLE LICENSE: Applications for each ambulance vehicle license shall be made on a form provided by the B.E.M.S.B. and shall be accompanied by a valid permit issued by the New York State, Department of Health pursuant to Article 30, New York State Public Health Law and Sub - Chapter A of Chapter V1 New York State Emergency Medical Services Code, Part 800, and a certificate from said New York State Department of Health or the Commissioner of Health that said ambulance has been inspected not more than 90 days prior to the expiration of any prior license for the vehicle and has been found to fully comply with the requirements of Paragraph 800.6 of Part 800 of said New York State Emergency Medical Services Code. Compliance with said requirements shall be in lieu of and.deemed in full compliance with Section 1912 of Article M. of Chapter XXV of the Ordinances of the City of Buffalo, the Buffalo Ambulance Ordinance. 6) APPLICATION FOR DRIVER'S AND ATTENDANT'S LICENSE: All ambulance operators are to submit their applications for drivers and attendants by October 31st for the following,�year Applications after October 3? must be submitted immediately. Applications for: attendant and driver licenses, pursuant to Section 1904, shall be on the form provided by the B.E.M.S.B. and shall be in compliance with Article 30, New York State Public Health Law and Subchapter A of Chapter 5 of the New York State Ambulance Code. Ambulance operators must report within 72 hours to the B.E.M.S.B. and the Division of Licenses any change of personnel (e.g. licensed driver or attendant who is removed from, suspended from or added to their employment). Failure to report will result in Board action. Individuals applying for a driver's or attendant's license will be required to pay a fee upon application for of this license. 4 r E ' While on duty, all drivers and attendants will carry on their person: 1) their current City of Buffalo license ID card 2) their current New York State EMT certification card 7) SUSPENSION OR REVOCATION OF LICENSE:. Upon written recommendation of the B.E.M.S.B. to the New York State Department of Health, an ambulance, ambulance operator, or ambulance attendant's license provided for herein may be suspended or revoked on arty of the grounds set forth in Section 3005 of the New York State Public Health Law, Section 1913 of the Buffalo Ambulance Ordinance. 8) CALL NUMBERS ON AMBULANCES: Call numbers assigned to each vehicle shall not be interchanged among vehicles and shall be affixed on each vehicle, using four (4) inch reflective numbers on sides and rear of the vehicle. 9) COLOR DlP AMBULANCES: All ambulance services shall adopt a uniform color for their vehicles and notify the B.E.M.S.B. so that they may be identified by color as well as number and name. 10) RADIO COMMUNICATIONS: Communications will be followed as outlined in the Buffalo Ambulance Dispatch Standard Operating Procedures. e S 11) AMBULANCE RATE STRUCTURE Providers are authorized to charge for services based on current rates adopted by the B.E.M.S.B. 12) FIREARMS, WEAPONS AND NOXIOUS REPELLANTS_ No driver or attendant shall carry or use a firearm, weapon or noxious repellant while on duty 13) REFUSAL TO ACCEPT AN A.D.I. CALL: Ambulance companies dispatched by A.D.I. are obliged to accept all emergency calls. Refusal to accept such calls will result in B.E.M.S.B, review. 14) ' - DUTY OFFICER: The B.E.M.S.B. will have on call at all times an individual to handle any complaints by individuals or ambulance services, and to respond to actual and potential disaster situations. 15) CRUISING: Ambulances in service to A.D.I. must remain within their assigned zone. Any ambulance leaving its assigned zone shall report its status to A.D.T. before leaving the assigned zone. lb) INFORMAL COMPLAINT MEETINGS: In order to properly address the complaints received by the B.E.M.S.B., ambulance personnel may be required to attend informal complaint meetings held by the B.E.M.S.B. G t bs W REj Casimier T. Czamara, Chairm Home 873 -4439 941 Amherst Street Work 668 -9184 Buffalo, New York 14 Cell 481 -3411 Fax 668- 27541684 -1764 Pager 643 -0951 e -mail czamara wrems.or G. Richard Braen, Home 875 -3154 or 992 -3900 40 Dana Road Work 859 -1993 Buffalo, Ne ork 14216 Cell Fax 859 -1463 Pager 643 -3030 e -mail rbraen kaleidahealth.or Clarke E. Eaton, Jr. Home 886 -5117 242 Blaine Avenue Work 886 73118 Buffalo, New York 14208 Cell 863 -0535 Fax 886 -3118 Pager e -mail eatonclarke(@ James Keane Home 826 -4166 151 Whitfield Avenue Work Buffalo, New York 20 Cell 863 -6151 Fax Pager e -mail Roger Lander Home 873 -0150 82 Elmhurst Place Work 851 -6510 Buffalo, New York 14216 Cell 913 -2768 Fax 851 -4360 Pager e -mail rlander(@city- buffalo.com Michael D'Orazio Home 877 -5627 74 Chatham Avenue - Buffalo, New York 14218 98=4411 Pager e -mail y . Judith A. Shanley, Esq. Home 836 -3454 32 Summit Avenue Work 683 -7100 x202 Buffalo, New York 14214 Cell 864 -1583 Fax 683 -7086 Pager e -mail 1 'shanle se- works.or j)Ar) I"j y, Deputy Commissioner Home Erie County Emergency Medical Work 689 -6070 Services Cell 432 -2069 3359 Broadway Fax 681 -5256 Cheektowaga, New York 14227 Pager 653 -2169 e -mail erie, ov Joseph R. Takats, D.Q. Home 775 -3323 2949 Elmwood Avenue, Suite 203 Work 447 -8870 Kenmore, New York 14217 Cell 868 -0324 Fax 447 -8892 Pager. 443 -0294 e -mail 'rtakatsiii aoi.com � �-- $s k -s 333 x 3� 9 Cep 5 J) - S3 ` en OIA L/ E'Yfl(b [T E Erie County Emergency Services Communication Center Buffalo Ambulance Dispatch Operating Procedures A revision of the. Emergency Medical Services Board, Ambulance Dispatch Dispatch Procedures June 1, 1978 July 1984 Latest revision adopted: January 6, 2005 Prepared in cooperation with and approved by: City of Buffalo Emergency Medical Services Board Chairman: Casimier Czamara Page I A revision of the Emergency Medical Services Board, .A M''bulance Dispatch Procedures Adopted: January 6, 2005 I System Description AAuthority. . ................................................ 3 B Buffalo Ambulance Dispatch (A.D.I.) System........ 3 If Ambulance Dispatch AZone System ............ ............................... .. 5 B Ambulance Dispatch Codes........ ................. 9 C Role of Dispatcher..... :..... I............................. 10 D Ambulance Call Intake .... ............................... 10 E Telephone Answering Procedures ...................... 11 F Interrogation Procedures for Ambulance Requests... 11 G Ambulance Call Location.. ......... ...................... 12 H Advanced Life Support: Paramedic Zone Override... 14 I Notification Procedure for S.M.A.R.T .:................ 14 J Computerized A.D.T. Call Record Preparation......... 14 K A.D.I. Backup Card. and Preparation ..................... 16 L Dispatch and Monitoring .... ............................... 21 M Shift Report ................... ............................... 25 N Records Maintenance ........ ............................... 26 0. Guidelines for Obvious Deaths ............................ 26 P Crisis Services ................. ............................... 28 Q Test Pages. :.................... ............................... 29 R Thruway Dispatching ......... ............................... 29 S Airport Dispatching ........... ............................... 29 T Disaster Communications ..... ............................... 29 III Disaster Procedures A Dispatcher Response ........... .............:................. 30 B Response of Designated Medical Command (A4C) Units 31 C Paramedic Unit Staging for Airport Alerts ................. 33 D Emergency Medical Services: Command Responsibilities 33 E S.M.A,R.T: Operations .......... ............................... 34 Common Dispatch Problems ............. ............................... 35 APPENDUM If Dispatch and Monitoring Examples .................................... 37 APPENDUM III General Interrogation Technique......... ......... ...................... 39 APPENDUM IV General Dispatching Technique .......... .................... ............ 39 Page 2 I PART ONE — SYSTEM DESCRIPTION A. AUTHORITY reference the signed agreement between the City of Buffalo and the County of Erie, dated 21 of January 1983.) As of January 2l St ,1983, and until such time as the Agreement shall be terminated, the COUNTY shall dispatch ambulances; within the City of Buffalo according to such rules and regulations as are presently adopted by the Buffalo Emergency Medical Services Board, or as amended hereafter, pursuant to its authority under Article = of the City of Buffalo Code. All ambulance dispatch personnel employed by the COUNTY shall be under the direct control and supervision of the COUNTY. The CITY will notify in writing the Erie County Commissioner of Health, or his designee, of any changes in the rules and regulations of the Buffalo Emergency Medical Services Board affecting the dispatch of ambulances in the City'of Buffalo. The CITY will defend, hold harmless and indemnify the COUNTY from any liability, damages ox claims arising out of the dispatch of ambulances consistent with the rules and regulations of the Buffalo Emergency Medical Services Board, or its successors; out of the provision of transmission services and facilities by the CITY pursuant to the terns and conditions of the Agreement or out of communication of information by COUNTY employees to appropriate CITY officials in connection with the CITY's licensing of ambulances. ** The Erie County Health Department, Division of Emergency Medical Services, in cooperation with and the approval of the Buffalo Emergency Medical Services Board have revised the standard operating procedures for ambulance dispatch in order to update the protocols utilized in the dispatching of ambulances within the City of Buffalo. B. BUFFALO AMBULANCE DISPATCH (A.D.I.) SYSTEM (Reference in part, The rules and regulations of the Buffalo Emergency Medical Services Board, Revision March 1983) l.. PERSONNEL Administrative responsibility for ambulance dispatch personnel rest with the Deputy Commissioner of the Division of Emergency Medical Services (EMS), Erie County Department of Health (ECHD), under the Rules and Regulations formulated by the Buffalo EMS Board. On site supervision responsibilities rest with the Senior MFRS Coordinator(s), under the direction of the Division of EMS Coordinator for Advanced Life Support. Systems. Emergency Services Communication personnel will provide call intake, screening, dispatch, monitoring, and record keeping coverage twenty -four (24) hours daily. Each dispatcher will be trained in accordance with the criteria established by the ECHD, Division of Emergency Medical Services. Page 3 2. 3. 4. 5. RADIO COMMUNICATIONS The Buffalo Ambulance Dispatch operates on frequencies 424.375 MHz Rx and 429.375 Tx. The system also utilizes frequency 155.715 MRZ for disaster operations and as a back up channel for emergency ambulance dispatch. 'Any ambulance licensed by the City of Buffalo and operating within the A.D.I. System shall have acceptable radio equipment permitting - transceiving on these frequencies. All transmissions'on these frequencies will be time and tape recorded. AMBULANCE ZONE SYSTEM The City of Buffalo is divided into fourteen (14) ambulance response areas, and six (6) ambulance zones, under revision 42, Configuration #1 of the study, "Rezoning of Ambulance. Service Areas for the City of Buffalo" published March 30, 1979 by Dr. Warren H. Thomas'of the Department of Industrial Engineering of the State University of New York at Buffalo. This study's resulting zone configuration recommendation and revision (Revision #2, configuration #1) was passed by Members of the Buffalo EMS Board. on March 1, 1979. Ambulance zones for the City of Buffalo may be modified from time to time by the Buffalo Emergency Medical Services Board. AMBULANCE CALL INTAKE, DISPATCH MONITORING A.D.I. Personnel will obtain the location and nature of all ambulance calls received from the Buffalo Police Department, Buffalo Fire Department, Central Police Services or other manner. When speaking directly to a citizen who is requesting an ambulance, dispatch personnel will utilize proper interrogation techniques to obtain location and nature. The proper ambulance dispatch area will be ascertained and the proper ambulance(s) will be dispatched and monitored in accordance with the established standard radio procedure. EMERGENCY SERVICES COMMUNICATION RECORDS • Tape records • Digital audio records • Computerized A.D.I. Ambulance Call Records • Computerized Private Ambulance Call Records • Computerized Dispatcher Notes • Emergency Services Communication Shift Reports • 'Emergency Services Communication, Time and Attendance Record • EMS Report Forams • A.D.I. Call Cards • A.D.I. Private Call Cards Page 4 II PART TWO — AMBULANCE DISPATCH A. ZONE SYSTEM 1. DESCRIPTION The City of Buffalo is divided into #burteen (14) ambulance response areas and six (6) ambulance zones. Ambulance services will respond to ambulance calls within their respective zones. If an ambulance service is unable to respond to a call within a response zone, another ambulance will be directed to respond to that call by A.D.I.. Throughout the A.D.I. System of ambulance. zones, call priorities vary according to distance between the zones and the accessibility of the ambulance service base. Ambulance call priorities are assigned in this order: AMBULANCE ZONE RESPONSE AREA PRIORITY WORD A 9 ABED 10 A.EDB 11 ABEF 12 AEDF B 4 BCEA 8 BAEC C 1 CBED q Z CDEB D. 3 DECA E 5 EDCB 6 EABD 7 EDAB F 13 FGBA 14 FGAB G Our Lady of Victory Hospital Assignment serves as a second call response to the South Buffalo area. 2. PRIORITY WORD The "Priority Word" is the series of four letter words signifying the response order of zone -based ambulances to each street address within the City of Buffalo_ EXAMPLE EDAB E (E zone ambulance) is the primary ambulance D (D zone ambulance) is the second call ambulance A (A zone ambulance) is the third call ambulance B (B zone ambulance) is the fourth call ambulance Page 5 A. In order for an ambulance service operating in the City of Buffalo to be assigned a response zone within the A.D.I., System, by the EMS Board, the service must meet all requirements established by the Board. EACH AMBULANCE SERVICE MUST HAVE ONE (1) PARAMEDIC LEVEL AMBULANCE AVAILABLE TO COVER A.D.I. CALLS WITHIN EACH ZONE AT ALL T& ES. 4. SEU TING COVERAGE A. AMBULANCES ARE DISPATCHED BY ZONE, NOT BY AMBULANCE COMPANY. A.D.I. will shift ambulances to cover which are without a primary ambulance. Ambulances will be shifted into empty zones to compensate for this type of loss of coverage. To shift ambulance coverage place, vehicles in this manner: e } Zone S Zone X multiple coverage single coverage Each zone should be covered by the primary ambulance if enough ambulances are in service: Page 6 EXAMPLE: Zone T multiple coverage single coverage Zone S uncovered The ambulance shift above is INCORRECT Zones are not covered by primary ambulances. Response tunes will suffer in both zone S and zone R. Page 7 1:+1►�r Zone T multiple coverage Zone S Uncovered Zone R single coverage The example above is a CORRECT ambulance shift. Each zone receives full primary ambulance coverage. No response times will suffer. Page S. B. Ambulances that have been reassigned will be dispatched in exactly the'same manner as the first call vehicles for those zones. C. A.D.L Personnel may utilize ambulances which return to service outside of their primary zone, as first call ambulance for the zone in which they are located, if the primary ambulance(s) are out of service. E AMBULANCE DISPATCH CODES In dispatching an ambulance call, A.D.I. will give an appropriate code for calls. The codes employed by A.D.I. are as follows: CODE A code 1 indicates the operation of the ambulance without lights and siren, obeying all New York State Vehicle and Traffic Laws. 2. CODE 2 A code 2 indicates the emergency operation of an ambulance in accordance with State Laws where emergency lights and siren Wj; T be used. Specifically, the New York State Vehicle an d Traffic'Law Title VII, Article 23, Paragraph 1104 (b), allows authorized emergency vehicle drivers to a. stop, stand or park irrespective of the provision of this title b. proceed past a steady red signal, a flashing reel signal or a stop sign, but only after slowing down as may be necessary for safe operation C. exceed the maximum speed limit as long as life or property are not endangered d. . disregard regulations governing directions of movement or turning in specified directions NOTE: Lights and sirens roust be used together 3. CODE 4 A code 4 indicates •that the call is terminated. A code 4 may be given only when based on . information from a recognized authority (i.e. police or fire). Code 4 will not be aclaiowledged from citizen calls. Upon receiving a Code 4 the ambulance will immediately return to its zone and resume in- service status. When no patient is found at the scene of the call, ambulance personnel will make every reasonable effort to locate a patient if they believe a report of an emergency to be legitimate. Ambulance personnel will enlist the assistance of the Buffalo Police as deemed necessary. The M.E.R.S. Coordinator will call the original caller to verify the location information and obtain additional information to locate the patient. In a situation where the location of the patient is inaccessible, the Buffalo Police will be notified. The Buffalo Fire Department may also be notified in the event forcible entry is required. The crew may enter a location by forcible entry only after discussion with the Police and the circumstances are to be documented on the Prehospital Care Report (PCR). Page 9 C. ROLE OF DISPATCHER — GENERAL OVERVIEW THE ESSENCE OF THE JOB OF MERS COORDINATOR 1. Receive and interrogate requests for assistance. 10 2. Dispatch personnel and equipment to the locations where they are required. 3. Records maintenance. 4. Receiving notification of emergencies and calls for assistance frornJudividual citizens, other agencies, ambulances and medical command units. 5. Determining the scope of the problem by requesting additional information from the caller. 6. Dispatching the appropriate emergency vehicles. 7. Relaying patient information. AMBULANCE CALL INTAKE . The 94-1 network operated by the Erie County, Central Police Services (CPS) enables the citizens of the City of Buffalo to access the A.D.I. System to request an ambulance. 9 -1 -1 calls are initially answered by the CPS Complaint Writers at Buffalo Police Headquarters. Calls such as motor vehicle accidents, rescue calls and HazMat incidents are transferred directly to the Buffalo - Fire Alarm Office. The Fire Dispatchers will then advise the Emergency Services Communication Center of the call. All other requests for medical assistance will be transferred to the Emergency Services Communication Center for interrogation according to the adopted Emergency Medical Dispatch (ENO) Protocols. At such time that it is -determined by protocol -that the Fire Department is to respond, the call is to be transferred to the Buffalo Fire Alarm Office to advise them of the call. 1. BUFFALO FIRE ALARM OFFICE HOTLINE A,D1 is notified via the BFD Hotline when the Buffalo Fire Department is dispatched, when Fire Department personnel on location request an ambulance or when updated information is relayed. 2. 9 -1 -1 HOTLINE (Central Police Services) 9 -1 -1 Complaint Writers may request an ambulance via the 9 -1 -1 hotline. 3. 9 -1 -1 Transfer Lines These telephone lines enable A.D.Z. to participate in a three -way conversation with the 9 -1 -1 Complaint Writer and the citizen requesting the ambulance. A.D.I. Personnel use this line for formal interrogation of citizens using established EMD interrogation procedures. 4. BUFFALO POLICE RADIO The Buffalo Police Department Dispatchers may directly request an ambulance via the Business Telephone Line (898- 3696). Calls from this source are usually requests for ambulances relayed from police vehicles on location. Page 10 5. BUSINESS TELEPHONE LINE 898 -3696 Some agencies in the City of Buffalo (i.e. Buffalo Police) utilize the Emergency Services Comm . unication Center business line to request ambulances. E. TELEPHONE ANSWERING PROCEDURES The correct approach to the initial telephone contact usually governs the amount of cooperation and information exchange with the caller. 1. 9 -1 -1 and FIRE Hotlines will be answered: A.D.I. 2. The 9 -1 -1 Transfer Line will be answered: Ambulance, what is the address? F 3. The 898 -3696 Business Lines will be answered: Emergency Services Communications, (name) 4. The After Hours Health Line (898 -4225) will be answered: Erie Comity Health Department, may I help 5. The TTY Line (894 -2244) will be answered. "Erie County Health Department", if there is no reply it is to be placed in the TTY Unit and the same message is to be transmitted by the TTY. INTERROGATION PROCEDURES FOR AMBULANCE REQUESTS I. "Ambulance, what is the address ?" First the MFRS Coordinator must establish the correct address for the call. 2. "Is that in the City of Buffalo ?" It is necessary to verify that the address is located within the City of Buffalo, to avoid dispatching an ambulance to the incorrect location with a similar name. If the caller states that it is not in the City of Buffalo they are to be interrogated according to the established protocol. Then the caller and information are to be transferred to the appropriate Public Safety Answering Point (P.S.A.P.). 3. "Is that upstairs or down ?" -- or- "What is the apartment number ?" Ascertain where the patient is located at the scene. At this time the MFRS Coordinator should request any other information, which he /she feels is essential to dispatching the call correctly. 4. "What is the Call Back Number ?" Obtain the call back telephone number in the event it is necessary to obtain additional information. Page 1 ] 5. "What is the problem ?" —or- "Why do you need an ambulance ?" Follow adopted EMD interrogation protocols: Request a general explanation of the problem from the caller following the EMD Protocol. a. Establish the number of patients. b. Establish the patient's age. C. Establish the patient's gender. d. Establish the patient's level of consciousness. e. Establish if the patient is breathing. f. Verify the chief complaint. 6. Ask the Key Questions established by the adopted EMD interrogation protocol 7. "The ambulance will be dispatched." Finally, reassure the caller that an ambulance will be sent immediately. G. S.. Repeat information During the interrogation the MERS Coordinator should repeat the information back to the caller to confirm there is no misunderstanding and the information is recorded accurately. 9. NO DISPATCHER, WILL REFUSE TO DISPATCH AN AMBULANCE. An ambulance will be sent to all calls. For repeat CODE 4 calls, a police car may be sent by 9 -1 -1 in addition to an ambulance at the request of A.D.L. 10: Calls coming from within Hospital buildings, an ambulance will be sent at the discretion of the M.E.R.S. Coordinator. Those calls will be recorded as all other calls and the facility staff will be notified of the request. AMBULANCE CALL LOCATION 1. LOCATOR MANUAL a. The LOCATOR MANUAL reflects a zone system that divides the City of Buffalo into fourteen (14) response areas. Areas are grouped to form zones. Each zone is assigned preferential ambulance coverage. The City is divided in this manner to ensure equitable call distribution and minimiz response times within each zone. b. Ambulance call locations should be obtained and recorded as a unique numerical address, because the LOCATOR MANUAL was designed to work best with this information. Requests for ambulances, which are received with non - specific addresses, shall be recorded and dispatched in the manner that it was given to the MFRS Coordinator (i.e. Jefferson and William). These calls shall be dispatched based on the location of the first street name given (i.e. look under Jefferson Avenue listings to determine the response area for a call on Jefferson Ave. at William St.). C. Consult the AREA MAP. This map is especially useful for locating calls on the Kensington Expressway, Scalaquada Expressway, New York State Thruway and their entrance and exit ramps. Page 12 i d. The number listings will assist A.D.I. Personnel to determine the accuracy of information regarding ambulance call addresses (i.e. 151 Clay could not.be correct, Clay Street runs from 1 -111). e. Appendixes are located at the back of the LOCATOR MANUAL and provide a tool for locating ambulance calls at police district stations, fire houses, schools, parks and playgrounds. f. Local detail maps provide a visual aid for locating ambulance calls at locations not covered by conventional zone maps such as walks, lanes or courts within housing projects. g. Streets marked with a RED DOT must be either SPELLED or CLARIFIED when dispatched. (see Addendum R B) 2. SELECTION OF THE CORRECT AMBULANCE To determine the proper ambulance for each address: a. Find the address for the call in the locator section. b. Locate the priority word that corresponds to the address of the call. C. Dispatch the primary ambulance as indicated by the first Ietter of the priority word. d. At such time as another ambulance is identified in the vicinity of the call, the closest ambulance, satisfying the EMD requirements, considering their E.T.A. and their current location will be given the call. e. If the primary ambulance is not available, dispatch the second call ambulance as indicated by the second letter of the priority word. f. If the primary and second call ambulances are not available, dispatch the third call ambulance as indicated by the third letter of the priority word. g. If the primary, second and third call ambulances are out of service the fourth call ambulance shall be dispatched as indicated by the fourth letter of the priority word. h. If there. are no ambulances available in the four (4) zones as indicated by the letters in -the priority word, dispatch the closest available ambulance. Page 13 H. ADVANCED LIFE SUPPORT: PARAMEDIC ZONE OVERRIDE Paramedic Units will respond to calls in zones covered by basic life support units if requested by the ambulance crew at the scene or at the discretion of the MERS Coordinator. This zone override response is contingent. upon the fact that no'other paramedic unit is available in that zone and that it appears that such advanced life support is required. Basic Life support units requesting paramedic units should not delay the transportation of a patient to wait for an advanced life support unit. This procedure is not applied when there'are fewer than six (5) ambulances available for the City of Buffalo.' L NOTIFICATION PROCEDURE FOR THE SPECIALIZED MEDICAL ASSISTANCE . RESPONSE TEAM (S.M.A.R.T.) S.M.A.R.T. can be requested to assist with an incident in the City of Buffalo. 1. REQUEST Within the City of Buffalo, request for SMART response may come from one-of the following: • Buffalo Fire • Buffalo Police • Field EMS units + Response units (i.e. EMS Units, MC Units, ES Units) 2. DISPATCH, RESPONSE AND COMMUNICATIONS a. Dispatch will be done through MERS. b. Dispatch code will be determined by the requesting agency or unit c. Primary coni unications will be done through MERS Control on the local government frequency. 3. RESPONSIBiLI'TY. SMART members will report to the EMS Operations Officer at the scene of an incident and support EMS operations. All patient care and medical direction shall be consistent with the standard of care according to regional and state policies, procedures and protocols. J COMPUTERIZED A.D.L CALL RECORD PREPARA'T'ION DESCRIPTION A Computerized A.D.I. Call Record is to be prepared for: I . Each responding ambulance dispatched through the Emergency Services Communication Center 2. Each responding Supervisor Unit (i.e. Medic 1, MC Units, EMS Units, ES Units etc.) Page 14 A Computerized A.D.I. Call Record will be prepared in the following manner: a. Card Number — a unique identifying number will be assigned by the Computer Aided Dispatch (CAD) System. The numbering of these records will begin at card #001 at 00:00 hours, January I". each calendar year. The date will also appear following the number as part of the numbering system. b. Dispatcher — the MFRS Coordinator will be identified as. a function of the CAD System. C. Location/Nature — THE DISPATCER WHO RECEIVES THE CALL IS RESPONSIBLE TO RECORD THE LOCATION AND NATURE OF THE CALL. The individual accepting the call is responsible to see that the appropriate ambulance is dispatched. The MER.S Coordinator must: - OBTAIN AND RECORD A UNIQUE NUMERICAL LOCATION IF POSSIBLE. The full street address should be obtained and recorded. Nature information will be recorded by the computerized interrogation protocol. it is important to include "possible" or "report of" in any nature aired because 6f the inability of remote EMS personnel to personally determine the veracity of each person interrogated by telephone by A.D.T. or any other call source. If "Possible" or "report of is used, the ambulance personnel receive exactly what the EMS interrogator has received, that is a report * of the patient's complaint. The exact approach will help to preserve the credibility of the EMS dispatch " personnel, when transmitting natures that maybe false or unreliable. d. Code Sent — all calls will be dispatched Code 2 unless otherwise specified by the response determinants derived from the EMD System with the approval of the REMAC, or when standby procedures dictate a code 1 response. e. Fire Department Response -- will be determined by the response determinants specified by.the EMD System. f. Source — Check the appropriate box to indicate the source of the call. i.e. 9 -1-•1 Desk 1 Buffalo Fire Alarm Office 1 Buffalo Police Radio 00119 -1 -1 00219 -1 -1 00319 -1 -1 3696 3697 3698 3699 4225 OTHER 9 -1 -1 Complaint Writer Buffalo Fire Alarm Office Buffalo Police Dispatcher 9 -1 -1 Transfer Line 001 9 -1 -1 Transfer Line 002 9 -1 -1 Transfer Line 003 898 -3696 898 -3697 898 -3698 898 -4699 898 -4225 The source should be filled in if the call came from any source other than those listed above. Page 15 g. Ambulance Number— Record the number of the ambulance assigned to the call. The - actual response of only one (1) ambulance is to be recorded on each Call Record. i. Disposition -- document the disposition of the call. If the call results in a CODE 4, the reason for the CODE 4 is also, to be documented. j. Number of Patients — Record if more than one patient is treated and/or transported. The CAD allows an entry for the number of patients seen, as well as the number transported. k. Patient Destination — Record the destination of the patient and the mode of transport (Code 1 or Code 2). 1. Priority Word — record the correct priority word or area number for each location in the call record. Prior to dispatching the call, it is the MERS Coordinator's responsibility to utilize the correct PRIORITY WORD (RESPONSE AREA). (see Section 11 Al.) m. The following times must be recorded in the Call Record. It is the MERS Coordinator's responsibility to edit any times that are found to be incorrect: Time Ambulance Dispatched Time Ambulance Enroute Time Ambulance On Location To Hospital, Hospital, Code — record the name of the destination hospital and the Code Time Ambulance at Hospital Code Change — record the code change, and/or updated information and the source of the change. Time Ambulance Back in Service I_ A.D.I. BACKUP CARD AND PREPARATION DESCRIPTION When the Computer Aided Dispatch System is unavailable, an A.D.I. Ambulance Call Card (white card) will be completed for: 1. Each responding ambulance dispatched through the Emergency Services Communication Center 2. Each responding Supervisor Unit (i.e. Medic 1, MC Units, EMS Units, ES Units, etc.) A.D.I. Cards will be filled out in the following manner: a. Card Number — a unique identifying number will be affixed to each A.D.I. Card. The numbering of these cards will begin at card #00001 at 00:00 hours, January I". each calendar year. b. Dispatcher — the MFRS Coordinator who assigns the call will initial this space when the call is dispatched. Page 16 C. Location/Nature — TIE DISPATHCER WHO RECEIVES THE CALL IS RESPONSIBLE TO RECORD THE LOCATION AND NATURE OF THE CALL. The individual accepting the call is responsible to see that the appropriate ambulance is dispatched. The MFRS Coordinator must: OBTAIN AND RECORD A UNIQUE NUMERICAL LOCATION IF POSSIBLE. The full street address should be obtained and recorded: - Natures should be recorded briefly and concisely It is important to include "possible" or "report of in any nature aired because of the inability of remote EMS personnel to personally determine the veracity of each patient interrogated by telephone by A.D.I. or any other call source. If "possible" or "report of is used, the ambulance personnel receive exactly what the EMS interrogator has received, that is a report of the patient's complaint. The exact approach will help to preserve the credibility of the EMS dispatch personnel, when transmitting natures that may be false or unreliable. d. Code Sent — all calls will be dispatched Code 2 unless otherwise specified by the response determinants derived from the EMD System with the approval of the REMAC, or when standby procedures dictate a code I response. NOTE - any circled number indicates "code" (i.e. Code 2 = ( ) e. Rescue)Ambulance — Check the appropriate box. Rescue indicates that the Fire Department is responding to the same call. Ambulance indicates that the ambulance is responding without accompanying Fire Department response. £ Source — Check the appropriate box to indicate the source of the call. i.e.: 9 -1 -1 - 9 -1 -1 Complaint Writer FIRE - Buffalo Fire Alarm Office POLRAD - Buffalo Police Dispatcher 001- 9 -1 -1 Transfer Line 002- 9 -1 -1 Transfer Line 003- 9 -1 -1 Transfer Line OTHER - The source should be filled in if the call came from any source other than those listed above. - g. Ambulance — Ambulance company names are provided for the convenience of the dispatcher. A blank has been provided for non-A.D.I ambulances and non - ambulance vehicles. Next to the company name indicate from which zone the ambulance responded. h_ Unit Number— Record that ambulance or supervisor number next to the appropriate ambulance company name. Page 17 i. Code Four — Check if the call is, cancelled or if no patient is transported. PRA — check this box if the ambulance on location advises that patient refused aid. Document any supporting information supplied by the ambulance. (i.e. "with signature ") k. Remarks — Record if more than one patient is transported, irregularity occurs on the call, return call, or any other information that the MERS Coordinator or the ambulance crew may deem pertinent. 1. Priority Word — record the correct priority word or area number for each location on the bMnk line under "AREA: ". m. The following spaces, on both the front and back of the A.D.I. Card will be time stamped: Time Ambulance Dispatched Time Ambulance Enroute Time Ambulance On Location To Hospital, Hospital, Code — record the name of the destination hospital and the Code Time Ambulance at Hospital Code Change — record the code change, and/or updated information and the source of the change. Time Ambulance Back in Service Time Ambulance Returns to Primary Zone n. ONLY ONE (1) TIME CLOCK MAY BE USED TO TINM STAMP EACH A.D.I. CARD. The presence of time stamps from different machines invalidates the legal documentation contained on the card. Page 18 Insert copy of A.D.I. Card Page 19 2. A.D.L PRNATE CALL CARDS An A.D.I Private Cali Card (green card) is used in the absence of the CAD System to signify ambulances'out of service on private calls (calls not ; dispatched by A.D.I.) and other activities. On Private Call Cards the MFRS Coordinator will note: vehicle number • time stamp when vehicle goes out of service 4& purpose • time stamp when vehicle is back in service Insert copy of'A.D.L Private Card ' Page 20 L. DISPATCH AND MONITORING Ambulances will be'dispatched and monitored on the A.D.I. Frequency according to the following procedures: 1. INITIAL DISPATCH a. The proper ambulance will be called by A.D.I. using the following format: I . A.D.I. will call the primary ambulance and wait for (15) seconds fora reply. 2. A.D.I. repeats number (1) above. 3. If the primary ambulance does not respond, the dispatcher will call the subsequent ambulance(s). 4. If a service fails to respond to the dispatcher the incident shall be recorded on the shift report and on the EMS Report Form, to be forwarded to the Buffalo EMS Board and the Erie County Division of Emergency Medical Serviges. b. Ambulance will respond with name and number C. A.D.T. will give the ambulance number, the dispatch code, the location of the call, and the requested level of care (Paramedic, Intermediate or B.L.S). d. The ambulance will confirm the destination and code. e. A.D.I. will close giving the ambulance number and time. NOTE The ambulance service dispatcher may answer for the ambulance during the initial dispatch, ho - Wever they shall identify themselves as such and not as the vehicle being called. All subsequent transmissions must be made by the ambulance. f SPELL OR CLARIFY STREETS: Streets marked with a red dot in the Ambulance Call Locator Manual must be either SPELIY -b or CLARIFIED when dispatched. 2. ENROUTE TO SCENE -- INTERSECTION a. When the driver and the attendant are in the vehicle and enroute to the location, they notify A.D.I. confirming ambulance number, destination and code. b. A.D.I. will acknowledge with the nature of the call, the unit number and time. It is desirable that at this time the nearest intersection will be given to the ambulance crew. NOTE The nearest intersection to the call is given at this time because A.D.I. is certain that the ambulance personnel will receive this information and because receipt of this information immediately precedes arrival on location. Page 21 3. CODE CHANGES OR UPDATED INFORMATION A. CODE CHANGES 1. A.D.I. will notify ambulances of code changes using. only one transmission. 2. The ambulance will repeat the code change. 3. A.D.I. will close giving the ambulance number and tune. B. UPDATED INFORMATION 1. A.D.I. will notify ambulances of updated information by calling the ambulance. 2. When the ambulance acknowledges. the updated information will be relayed to the ambulance along with the source of the information. 3. The ambulance will acknowledge receipt of the information. 4. A.D.I. will close giving the ambulance number and the time. 4. ON LOCATION a. When the ambulance arrives on location, the ambulance crew will notify A.D.I. stating the address and their unit number. b. A.D.I. will confirm receipt of the message by giving the ambulance number and tune. 5. ENROUTE TO HOSPITAL a. Ambulance personnel will determine the code to be used while enroute to the Hospital. b. The ambulance will notify A.D.I. of their unit number, the destination, the transport code and number of patients when enroute to a hospital. C. A.D.I. will confirm receipt of the message giving ambulance number and time. When an ambulance transports to a hospital emergency department that has declared an Open with Delay or a Diversion Status A.D.I. will notify the ambulance at this time. 5. COMMUNICATIONS TO HOSPITAL EMERGENCY DEPARTMENT The hospital emergency department that will receive the patient will be notified directly by ambulance personnel of impending arrival via the Medical Emergency Radio System (MERS) radio (as per MFRS Radio Procedures). Pertinent medical data, including E.T.A., will be given to the emergency department staff. In the event the ambulance is unable to contact the hospital via the MERS Radio, patient information will be transmitted to Buffalo Ambulance Dispatch (A.D.I.) for relay to the appropriate facility. Page 22 7. AT HOSPITAL a. Ambulances will notify A.D.I. when arriving at the hospital. b. A.D.I. will confirm receipt of the message by giving ambulance number and the time. S. RETURNING TO SERVICE I ZONE — CARD NUMBER a. When the ambulance has completed the call, returns to service and/or returns to zone it will notify A.D.I.. b. A.D.I. will confirm receipt of the message and give the A.D.I. Card Number to the ambulance. Always use the words "card number" before giving the actual number. C. The ambulance will repeat the card number back to A.D.I.:to confirm they have received the correct card number. d. A.D.I. will confirm the ambulance personnel have the correct card number by giving the ambulance number and the time. 9. OUT OF SERVICE a. When an ambulance is unable to respond in a timely fashion to an emergency medical call from Buffalo Ambulance Dispatch, the ambulance will immediately call out of service. If an ambulance leaves its zone for any reason, the ambulance will notify A_.D:L. Reasons will include hospital take home, transfers, mechanical, company business, equipment breakdown or A.D.I. inspection. b. A.D.I. will confirm receipt of the message by giving the ambulance number and the time. This information will be recorded in the CAD System. 10. IN SERVICE -- ON THE AIR FOR COMPANY BUSINESS When an ambulance leaves its assigned station but wishes to remain in service in the zone the ambulance will notify A.D.I. giving their destination. The M.E.R.S. Coordinator records that activity to maintain the current status of the ambulance. 11. PRIVATE CALLS a. If an ambulance service receives a direct emergency or if a transfer or take -home call becomes an emergency call where the ambulance will be using lights and siren in the City of Buffalo, the ambulance will notify A.D.I. of the code and route of the call: b. A.D.I. will confirm receipt of the message giving the ambulance number and time.. Page 23 12. POLICE RESPONSE -CODE 99 a. Ambulance personnel may request A.D.L to send the police to their location. A-D.I. will immediately contact 911 with the request. b. When ambulance personnel are in danger and need to summon immediate assistance, transmission of a CODE 99 indicates this to A.D.I.. When a CODE 99 is transmitted, the location of the ambulance and/or crew should be transmitted also. c. A.D.I. will acknowledge the ambulance number and the time. Upon receipt of a CODE 99 call, do not say "we will notify police "over the air. The objective of the CODE 99 is to reduce the danger to ambulance personnel while police are being dispatched. 13. AMBULANCE STAND -BY STATUS At the discretion of A.D.I., an ambulance from' one zone may be instructed to stand -by at or near a disaster site. GENERALLY STAND -BYS WILL BE DISPATCHED CODE ONE UNLESS SPECIFICALLY REQUESTED OTHERWISE. 14. AMBULANCE STATUS Each day at 09:00,17:00 and 24:00 hours, A.D.I. will conduct an on the air ambulance status check. All ambulance services in the A.D.I. system will respond indicating to the dispatcher the ambulance vehicles currently in service, level of care and their assigned stations. This information will be recorded on the sniff report form and updated as necessary. 15. CALL SIGN The MERS Coordinator will transmit the call sign on the hour and on the half hour in the following manner: "Erie County Emergency Services Communication, Buffalo Ambulance Dispatch, WNKN -751 time hours." 16. HOSPITAL STATUS When hospital emergency departments declare a Diversion Status, the ambulance services will be notified. Individual ambulances will be notified of Open with Delay or Diversion Status when they transport to such a facility. Ambulance Service Dispatch Agencies are routinely notified of all hospital emergency department status changes. Page 24 M. SHIFT REPORT The shift report is a form designed to assist in the transfer of information from dispatcher to dispatcher, when the individual with first hand knowledge of a situation is not immediately available to be questioned. 1. AMBULANCE STATUS - is to be taken at 09 :00,17:00 and 24:00 hours daily and updated as. necessary on this portion of the report. 2• AMBULANCE DISPATCH COMMENTS -are utilized to transmit unusual incidents and/or situations that may occur during the-shift. 4. PATIENT CARE INFORMATION utilize to record any patient care reports 5. MISCELLANOUS INFORMATION (general info, equipment failures, etc.). 6. SERVER TAPES Verify server tapes have been installed for data backup. 7. A.D.I. TRANSMITTERS verify all radios are set to the appropriate channels and testa are performed according to established schedules. 8. T EVIE CLOCK STAMP stamp to verify manual clocks are set to the appropriate time. N. RECORDS MAINTENANCF The Erie County Division of Emergency Medical Services is responsible for the collection, maintenance and security of all paper and electronic records of ambulance dispatch and caller interrogation. The City of Buffalo EMS Board or their designee shall have access to all related ambulance dispatch records as necessary. Ambulance call records maintained electronically by the CAD System include: X. 2. 0 A.D.I. AMBULANCE CALL RECORDS AND A.D.I. CARDS OTHER AMBULANCE ACTIVITIES TAPE RECORDS Tape records are the property of the ECHD, Division of EMS. The Senior MERS Coordinator(s) are responsible for the security of the tape records at the Emergency Services Communication Center. The tape records of the A.D.I. frequency (424.375 Mhz), 9 -1 -1 Transfer Lines, BFD hotline and the 911 hotline shall be made available to the Chairman of the Buffalo EMS Board or his designee will be provided access to these records upon request. The permission of the Deputy Commissioner of the Division of EMS, ECHD, must be obtained in order to retrieve and copy and release any tape records that are maintained by the Emergency Services Communication Center staff. Page 25 4. EMERGENCY SERVICES COMMUNICATION DISPATCHER NOTES Dispatcher Notes have been provided for the MFRS Coordinators to note: a. Equipment failure and repair b. Unusual occurrences on the shift C. Calls for Medical Direction . d. . Ambulance assists e. Air Medical calls f. Telemedicine notifications g. TTY calls h. General Message.Log 5. COMMUNICATION, TIME AND ATTENDANCE RECORD All EMS Communication personnel will sign -in when they arrive for their shift on the Time and Attendance Record provided.. When Emergency Services Communication personnel leave the center for lunch or at the completion of their 'shift, they must sign out appropriately. The Senior MERS Coordinator(s) will ensure that all dispatchers comply. 6.. INFORMATION RELEASE No MFRS Coordinator will release any information from the Emergency Services Communication Center without the authorization from the Division of EMS Deputy Commissioner or Coordinator ofA.L.S. Systems, except for information requested by the ambulance crew handling the call, the BFD, or BPD, which may be relayed to those agencies immediately.. 7. INCIDENT REPORTS Any time a violation of the A.D.T. rules and regulations is noted by A.D.T. a representative of the Buffalo EMS Board (Chairman or designee) in addition to the farst -call Division of EMS MC Unit shall be notified of such irregularity. (With the exception of those situations that are handled by some other established procedure.) Those who note the violation shall also file a report on the EMS Report Form, with the Senior MERS Coordinator(s) to be forwarded to the Buffalo EMS Board Chairman and the Erie County Health Department, EMS Coordinator. O. GUIDELINES FOR OBVIOUS DEATHS: Patients who are identified as dead at the scene need not be transported by ambulance, however, local EMS agencies should consider transportation for DNR patients who collapse in public locations. In these cases it may be necessary to transport the individual to a hospital without resuscitative measures in order to move the body to a location that provides privacy. Local policies need to be coordinated with the Medical Examiner /Coroner and law enforcement. (Excerpt from :.Re: Frequently Asked Questions re: DNR's Policy Statement 99-14) Page 26 2. Obvious Death — Conforms to the commissioner of Health's statement of December 1, 1981, relative to CPR by EMT's. Obvious death includes decapitation or other similarly mortal injuries or where rigor mortis, tissue decomposition or extreme dependent lividity is present (Policy Statement appended). (Excerpt from: FCR Instruction Manual) 3. a. Requirements Applicable to Pre - hospital Personnel Initiation of CPR The first responsibilities of a certified first responder (CFR) or an emergency medical = technician (EMT) (including advanced EMI's) when confronting a patient in possible cardiac arrest are to establish an open airway, then to determine whether the patient is _ breathing and has an adequate circulation. The steps followed by CFR's, EMI's and AEMT's to determine the need for CPR include assessing if a patient is unresponsive, breathless, and lacks a pulse. If the individual is breathing and has a pulse, CPR is unnecessary. CPR is'to be commenced only for individuals who are non- responsive, non - breathing, and pulseless. Since CPR is most effective when started immediately after cardiac arrest occurs, it is imperative,that the CFR or EMT begin CPR as soon as possible in an effort to maintain the viability of the victim's central nervous system. The moment of collapse does not- necessarily mark the onset of cardiac arrest. Cardiac activity may be sufficient following the individual's collapse to maintain the brain's viability up to the moment the cardiac arrest actually occurs. After the arrest occurs, brain death begins within four to six minutes. For this reason, when the CM EMT or AEMT arrives. at the scene of a cardiac arrest, CPR should be initiated immediately if the individual is unresponsive, breathless and without a pulse. The only exceptions are 1) when the arrest occurs during an interfacility transfer and the sending facility has provided the EMT's with a written order not to resuscitate the patient, 2) when a non - hospital DNR order is presented on the standard Department'of Health form, 3) when the standard DNR bracelet is found on the patient's body, or 4) in cases of obvious death such as decapitation or other similarly mortal injuries, or where rigor mortis, tissue decomposition, or extreme dependent lividity is present. Extreme dependent lividity is considered a contraindication for CPR only when there are extensive areas of reddish - purple discoloration of the skin which are present in dependent areas (those areas on which the body has been resting). b. Termination of CPR Once CPR is initiated by a CFR, EMT or AEMT it must be continued until one of the following occurs: effective spontaneous circulations has been restored; resuscitative efforts have been transferred to another appropriately trained individual who continues CPR and other basic life support measures; a physician assumes the responsibility for the care of the patient; a physician (on scene, or by radio, telephone, or other means) orders termination of CPR; care of the patient is transferred to hospital staff assigned responsibilities for emergency care; a valid. non - hospital DNR form is present; or, the CFR, EMT or AEMT is exhausted and physically unable to continue resuscitation. (Excerpt from: HEALTH FACILITIES SERIES: H -27; RHCF -22; YHA -19; HOSPICE -10 SUBJECT: DNR Law Changes) Page 27 4. Ambulance personnel actions When ambulance personnel encounter an obvious death they will: a. Notify A.D.I. of the obvious death. A.D.L will sumni.on the police through 9 -1 -1. b. Stand by until released by a police officer. When released, the ambulance crew will inform A.D.L of the following: • Name of releasing officer Rank • District or Unit A.D.I. will add this information to the A.D.I. call record. c. Apparent homicide or suicide: When ambulance personnel encounter an apparent homicide or suicide the previous instructions remain the same except for the following stipulations: 1. The body will not be moved or the surrounding area disturbed, The original scene must be preserved for the police investigation. Z. The authorization for the removal of the body must come from both the Police Department and the Medical Examiner. 5. Transporting a. Most obvious deaths are transported at the direction of the Medical Examiner. b. The. ambulance crew will transport a body when ordered by a police officer or Medical Examiner. Bodies transported under these circumstances will always be transported to the closest hospital. C. If a body is ordered to be transported to a hospital or morgue the ambulance crew will inform A.D.J. of the following: • Name of the person ordering transportation • Rank • District or Unit A.D.I. will add'this information to the A.D.I. call record. P. CRISIS SERVICES At certain times, Crisis Services personnel will be found on location with psychiatric patients. When the ambulance crew arrives, Crisis Services personnel may recommend that the patient be transported against his or her will, and will supply an agency document authorizing this type of transport. In these cases ambulance personnel are to immediately request the police, The Crisis Services authorization form will be given to the police officers when they arrive. The police will then assume responsibility for the patient. 'Ambulance personnel will follow the recommendations of the police regarding the transportation of these patients. If the ambulance personnel feel that the patient is in jeopardy and requires immediate transportation, on -line medical direction will be obtained. Page 28 Q. TEST PAGES A.D_1 will test page the following individuals on a daily basis at 10:00 hours: Chairman, Buffalo EMS Board City of Buffalo, Homeland Security Director Others as requested by the Buffalo E.M.S. Board R.. THRUWAY DISPATCHING The Erie County Health Department, Division of EMS has entered into an agreement with the NyS Thruway Authority to dispatch ambulances on Rt. 90 from milepost 407.2 to 430.5, and on Rt.190 from milepost N-0 to N-21.5. These ambulances shall be dispatched over the A.D.I. frequency {424.375 MHz, with approval of the Buffalo EMS Board (Note, Grand Island Fire utilizes MERS.340 (155.340 MHz) for Thruway calls.) These ambulances are to be dispatched in accordance with these operational procedures. However, the priority word is to be replaced by the dispatching priority provided by the NYS Thruway Authority, as contained in the Buffalo Ambulance Locator Manual. 140TE: When dispatching the Grand Island Fire Department the initial contact shall be made via taped telephone line. All subsequent transmissions shall be made over the MFRS .340 frequency for this exception. S. AIRPORT DISPATCHING The Erie County Health Department, Division of EMS has entered into an agreement with the Niagara. Frontier Transportation Authority (N.F.T.A.) to dispatch ambulances to the Buffalo Niagara International Airport (B.N.I.A.). These ambulances shall be dispatched over the A.D.I. frequency (424.375 MHz, with approval of the Buffalo EMS Board. 'These ambulances are to be dispatched in accordance with these operational procedures. However, the priority word is to be replaced by the dispatching priority provided by the N.F.T.A.. T. DISASTER COMMUNICATIONS At the scene of an actual or potential disaster situation or at the direction of A.D.I., operations may be conducted on the 715 frequency (155.715 MHz). Units operating in the City of Buffalo must have the ability to communicate on this. frequency on portable radios at the scene of an incident. This frequency may be used as the primary means of dispatch when the primary frequency fails, Page 29 III PART THREE — DISASTER PROCEDURES- NOTE: for the purposes of this section, the term "MC Unif' will refer to supervisor units from the Buffalo E.M.S. Board., Buffalo Emergency Services, Erie County Div. Of EMS, Erie County D_ ept. of Emergency Services and the NYS EMS Bureau. A. DISPATCHER RESPONSE In event of a disaster situation (actual or potential) including second alarm of fire (or greater), HazMat incidents, the MFRS Coordinators on duty will utilize the following rules in proper order: 1. Verify the Situation — The MERS Coordinators will obtain verification from the FD, PD, CPS or other agency. 2. Transmit General Message — The MERS Coordinators may transmit the appropriate tone alerts and General Message describing the location and nature of the situation. 3. Dispatch Stand -By Ambulance - The dispatcher will select and dispatch (Code 1) one (1) ambulance to the disaster scene. The ambulance-should stand -by far enough from the site in order to avoid danger and from being blocked by incoming emergency apparatus. This ambulance will notify A.D.I. of its location .and stand -by the radio. The MFRS Coordinators will use this ambulance to obtain on site information regarding the need for more ambulances and nature and correct location of the disaster, fire or HazMat incident. (NOTE: for AP Alerts see paramedic unit staging.) 4. Notify Medical Command Units — The MERS Coordinators will notify the designated MC Units immediately of any HazMat incident, second alarm (or greater) of fire or potential/actual disaster situation, using the following format (or according to specific protocols): Chairman, Buffalo E.M.S., Board Buffalo Homeland Security Director First Call Division ofEMS MC Unit Deputy Commissioner of the Division of EMS First Call NYS Bureau of EMS Representative Medical Advisor, Division of EMS S. Notify Hospitals — The MERS Coordinators will notify at least the closest hospital of the situation, plus any specialty facility appropriate for the of incident. At that time the MFRS Coordinators will also ascertain the hospital's updated Emergency Department status, and request that someone stand -by the for further information. In case of an AP Alert all four mode 1 hospitals are to be notified (St. Joseph Hospital, Millard Fillmore Suburban Hospital, E.C.M.C.C., and Sisters of Charity Hospital). The anode 2 hospitals are to be notified at the request of the MC Units. (Buffalo General Hospital and Millard Fillmore.Hospital). Page 30 b. Replace Stand -By Units as Needed — Ambulances) will remain "in service" and will be available to respond to A.D.I. calls in zone if another car is not available. If an ambulance transports a patient from the disaster or fire site, the INTERS Coordinator will dispatch another ambulance to stand by at the site until the first ambulance is in service and returns to the site. -- Ambulances will remain on location until released by an MC Unit or until the disaster or fire is -_ declared "under control" or "all clear" by the proper authority. In the event a firefighter or police officer is transported, the ambulance personnel will notify the Buffalo E.M.S. Board Chairman or his designee of the situation and to which hospital they are transporting. The MFRS Coordinator will then, notify the PD or the FD of the situation and to which hospital they are transporting. Names of patients are not to be announced over the radio. 7. Notification Of All Clear — the MERS Coordinator is to verify upon whose authority the all clear is to be issued (i.e. chief or site MC unit).. A one tone General Message is to be aired over those frequencies that the original message was aired, stating all clear, describing the location and situation. The MFRS Coordinators are responsible to verify that all those who were initially notified have received the all clear. B. RESPONSE OF DESIGNATED MEDICAL COMMAND (MC UNITS)_ Emergency Services Communication will notify designated MC Units of Second alarm or greater of fire Airport Alerts (AP Alerts) Accidents involving School Buses HazMat incidents BDS Alerts / Buffalo Fire CPC Response Potential Disaster Situations Actual Disaster Situations After such notification, designated MC Units must: 1. Advise Emergency Services Communication of enroute or stand -by status a. Stand -By Status — Emergency Services Communication will advise stand -by unit of changes in severity of the situation, and alI clear. b. Enroute status — the responding MC Units will advise the MFRS Coordinators when they are enroute and on location so the A.D.I. Call Record will be documented appropriately. 2. Response -first in Unit from EMS Multi Casualty Response Plan The first emergency medical wait (i.e. ambulance) that arrives on the scene has the responsibility of assessing the situation, establishirig a command post until relieved, and transmitting an accurate description of the incident to the Emergency Medical Communication Center. Information that must be given includes: a. Exact Iocation of incident, identifying size and type including structures involved, etc. b. Estimated number of patients (if any) C. Estimated number of additional ambulances (if needed) d. Best approach route of the additional emergency medical units. Page 31 The driver of the first emergency medical unit (ambulance) will stay with the vehicle and maintain radio communications with Emergency Services Communication Center. He or she will also station the ambulance in a location, which will allow for mobility when needed. The EMT, AEMT, or Paramedic will assist Fire or Police personnel by providing emergency medical care and triage principles when necessary. The EMT, AEMT, or Paramedic will also, when appropriate, inform his or her partner at the vehicle through portable radio communication of updated information from the multicasualty site. This information will then be relayed by the driver to the Emergency Services Communication Center. 3. The first in MC unit shall assume- control and become the Medical Command Officer. Upon availability, the second in MC unit will become the Evacuation/Rescue Officer. The third in MC unit will become the Treatment Officer. The fourth in MC unit will become the .Comrnumcation/Transportation Officer. (For definition of responsibilities of MC units see EMS Medical Command Response, Part 4, section D). The MERS Coordinators' communications will be directed to the MC unit. The on -call Sr. MERS Coordinator will respond to the Emergency Services Communication Center upon the request of the Medical Command Officer. This individual will be responsible for supervising activities at the Emergency Services Communications Center and assist in coordinating EMS resources as necessary. 4. The MC officer will ascertain the number and location of the injured. 5. At this time, the MC officer will inform the Emergency Services Communication Center of a. number of injuries b. number of ambulances required c. desired location for incoming ambulances 6. Special instructions to ambulances should be given to the Emergency Services Communication Center for broadcast: a. blocked streets b. burning buildings C. gas leaks d. other 7. MC officer in charge will then notify the Emergency Services Communication Center of the location of- a. disaster site and nature b. ambulances on location and their positions c. MC units, location and responsibility 8. The Emergency Services Communication Center will ensure that all ambulances leaving the disaster site are returned as per the direction of the MC Officer. 9. MC units will notify Emergency Services Communication of any injured firefighters or police officers leaving the disaster site. The Emergency Services Communication Center will notify the appropriate agency dispatcher of the number of personnel transported to the hospital. Page 32 10. Return to Service If an incident is declared under control, the MC Officer may then release the ambulance upon approval of the officer in charge of the incident. C. PARAMEDIC UNIT STAGING FOR AIRPORT ALERTS Procedures for staging advanced life support units within the City of Buffalo, near the Expressways (Rt. 33 and Rt. 198) for all confirmed Airport (AP) Alerts. Three (3) units are to be staged at Rt. 33 and the Eggert Rd., Main St. and Rt. 198 and the Cherry St. entrance to Rt. 33. 1. The reason for staging advanced life support units within the City of Buffalo, near the two- (2) major expressways is to facilitate a timely response of the paramedic units in the event of an actual disaster. 2. The advanced life support units, once in position will await further instructions from the MC units through the Emergency Services Communication Center as to when and where' to respon .if an actual incident occurs or to be-released for another emergency call within the City of Buffalo. 3. Paramedic Units will be. staged at the three (3) stand by points based on the available resources. D. EMERGENCY MEDICAL SERVICES MEDICAL COMMAND RESPONSIBILITY Medical Command Officer Responsible for all on scene emergency medical services operations. Located at the Command Post he reports to and serves the Incident Command. Insures that the efforts of all medical personnel are in line, . coordinate, and interface with all other responders. All Emergency Medical related communications should be routed through this person or his designee; except the Communication/Transport Officers hospital reports. Evacuation/Rescue Officer Working under the direction of the Medical Command Officer, this person will be responsible for the medical needs of those being removed from the wreckage or danger area, thus would be the primary. triage agent and in charge of medical rescue acid evacuation personnel. This person will work in close association with the fire Line Officer in charge of suppression and rescue to coordinate. the medical team with the fire rescue team. Triage will be dependent upon the degree of dangers, manpower available, accessibility of patients, and rescue equipment available. Principle of survivability will probably cause the evacuation of the most accessible mobile and least injured first. Then all talents of the Evacuation/Rescue Officer must be focused at Iooking at all of the above parameters to determine how to snake the greatest number of living patients sent to the secondary triage site or treatment area. Page 33 Treatment Officer Initially this person directs medical personnel in the establishment of the field hospital or treatment area. As patients arrive from the evacuation area this person triages them into categories according to each -_ individual's survivability relative to others injured' . The parameters used here will be nature of injuries, number of medical personnel according. to training, available equipment and supplies, availability of ambulances and time until transport to hospitals. This person: will direct medical treatment personnel as to.where to expend their resources with the treatment area.. The key will be survivability over nature of injury and will make decisions again by using all the parameters to determine how to make the most number of survivable patients reach the hospitals, thus very close association with the Transport Officer is essential. Conithunications/Transport Officer Initially this person will assist the Treatment Officer supervising the set up of the field hospital and would then see to'it that incoming ambulances are staged. Worldng in close cooperation with the Treatment Officer this person will triage the transport of patients to the most appropriate hospitals keeping track of the patients and which facilities they go to and assuring even patient loads to insure survivability. ONLY THIS,pFRSON WILL' CONTACT FIO„MALS to advise of incoming patients either directly or through the Emergency Services Communication Center (MERS). E. SPECIALIZED MEDICAL ASSISTANCE RESPONSE TEAM (SMART) OPERATIONS 1) REQUEST Within the City of Buffalo, request for SMART response may come from one of the following: • Buffalo Fire • Buffalo Police * Field EMS units 2) DISPATCH, RESPONSE AND COMMUNICATIAONS a. Dispatch will be done through MFRS. b. Dispatch code will be determined by the requesting agency or unit c. Primary communications will be done through MERS Control on the local government frequency. 3) RESPONSIBILITY SMART members will report to the EMS Operations Officer at the scene of an incident and support EMS operations. All patient care and medical. direction shall be consistent with the standard of care according to regional and state policies, procedures and protocols. Page M ADDENDUM COMMON DISPATCH PROBLEMS: Some ambulance dispatch situations, because of their repetitive nature and the standardized nature of the . zone system, lend themselves to standard solutions. A. PROBLEM The first call ambulance(s) is/are out of service. A second call ' . ambulance is dispatched by the MFRS Coordinator to the call. A first call ambulance returns to service in that zone. SO� The MERS Coordinator must determine whether the second call ambulance is to continue, or the first call vehicle should be dispatched. This decision should be based on the following criteria: the nature of the call, the type of vehicles available to respond (ALS, BLS), the ETA to the scene, present location of both ambulances and response level (BLS, Intermediate, Paramedic) dictated by the BMD protocol. B. PROBLEM An ambulance calls out of service on a private call, outside of their primary zone. The Emergency Services Communication Center receives the same call. SOLUTION The MFRS Coordinator must determine whether to send the original ambulance or dispatch a first call ambulance from the zone in which the call is located. This decision is to be based on the following criteria: the nature of the call, the type of vehicle responding (ALS, BLS), the ETA to scene, present location of both ambulances and response level (BLS, Intermediate, Paramedic) dictated by the EMD protocol. C. PROBLEM The ambulance personnel do not confin n the destination and code, call enroute or on location, and do not reply to the MFRS Coordinator. SOLUTION Conduct a radio check on the A.D.I. and MERS frequencies. - Contact the ambulance company via landline. Determine if the ambulance in question has a malfunctioning radio. If the ambulance cannot contact A.D.I. directly by radio, place the ambulance out of service with A.D.I. and notify the Chairman of the Buffalo E.M.S. Board or his designee. D. PROBLEM A.D.I. dispatches an ambulance to a location, shortly thereafter another ambulance company calls out of service on a private call to the identical address. SOLUTION Cancel the second ambulance's private call and state the reason for this action over the A.D.I. frequency. Page 35 E. PROBLEM Excessive time elapsed before dispatched ambulance calls enroute to an A.D.I. call. (in excess of four (4) minutes, according to the time stamped card.) SOLUTION For chronic ambulance delays of this type, the MERS Coordinator will instruct the ambulance crew to remain in the vehicle between calls. Log any excessive enroute times on the shirt report, so that information may be forwarded to the EMS Board. F. . PROBLEM The dispatch of an A.D.1 call is delayed for any reason. SOLUTION. The A.D.I. Card is to be time stamped and an appropriate - explanations for the delay entered. G.' PROBLEM There are no available ambulances in the City of Buffalo. SOLUTION: Advise the ambulance service operator(s) that there are no ambulances. in the City and ask if they have any units available that A.D.I. is not aware o£ If this does not place any units in service, request the operator(s) to cancel any non - emergency private calls. Also, request that any available supervisor flycar be placed on the air to be sent to calls until such time as an available ambulance can arrive on scene. - At this time query the status of any units that will return to service in a short period of time, i.e, units that have been at the hospital for an extended period of time. Also, activate the "3 Ambulance Response" notification plan. Any call's received during this time, request the Buffalo Fire Department to respond and advise them an ambulance is not currently available. Page 36 H DISPATCH3 AND MONITORING EXAMPLES: A. INITIAL DISPATCH i. EXAMPLE: 1. A.D.I.: "City 517, A.D.I." 2. AMB: "City 517" 3. A.D.I.: "517, Code 2,1885 Bailey Avenue, Intermediate request. 4. AMB: "Code 2 to 1885 Bailey Avenue. 5. A.D.I.: "517,17:45" B. SPELL OR CLARIFY STREETS_ : i. EXAMPLE: L East End Avenue and Easton Avenue must be SPELLED. 2. A.D.I.: "518, Code 2,24 Easton, E- A- S- T -O -N, Paramedic request." 3. Linden Avenue and Linden Park must be CLARIFIED. . 4. A.131: "515, Code 2,19 Linden Avenue, BLS request." C. ENROUTE TO SCENE — UVTERSECTION i. EXAMPLE: 1. AMB: "A.D.I.; City 517 is enroute to 1885 Bailey, Code 2." 2: A.D.I.: "517, that's near Walden, 17:48. You are responding for a report of a 65 year old female, complaining of chest pain." D. CODE CHANGES i. EXAMPLE: 1. A.D.T.: "City 517, Code 4,1885 Bailey." 2. AMB: "That's clear— Code 4,1885 Bailey." 3. A.D.T.: "517, 17:51" E. UPDATED INFORMATION i. EXAMPLE: 1. A.D.I.: "City 517, A.D.L." 2. AMB: "517" 3. A.D.I.: "Fire reports chest pain at 1885 Bailey." 4. AMB: "That's clear, chest pain on Bailey." 5. A.D.T.: ` 'S17, 17:52." F. ON LOCATION i. EXAMPLE: 1. AMB: "City 517, on location, 1885 Bailey." 2. A.D.I.: "517,18:02." G. ENROUTE TO HOSPITAL L EXAMPLE: 1. AMB: "City 517, enroute to sisters Hospital Code 2." 2. A.D.I.: "517,18:20, be advised they are on a Delayed Status." Page 37 H. AT HOSPITAL i. EXAMPLE: 1. AMB: "City 517 on location, Sisters Hospital." 2. A.D.I.: "517,18:25" I. RETURNING TO SERVICE / ZONE - CARD NUMBER i. EXAMPLE: 1. AMR: "City 517 returning to zone, clear of our call." 2. A.D.I.: "517 clear, card number 65432." 3. AMB: "card number 65432." 4. A.D.I.: "517,18:35." ii.' EXAWLE: 1. AMB: "City 517 back in zone." 2. A.D.L: "517,18:40." J. OUT OF SERVICE i. EXAMPLE: 1. AMB: "A.D.I., City 516" 2. - A.D.L: "516" 3. AMB: "City 516 out of semice-on a private call" 4. A.D.I.: "516, . K. IN SERVICE — ON THE AIR FOR COMPANY BUSINESS i. EXAMPLE: 1. AMB: "A.D.L, City 517 will be in service on the air for company business at a. Maryland and Niagara." 2. A.D.I.: "517, 15:10." L. PRIVATE CALLS i. EXAM_ PLE: 1. AMB: "A.D.I., City 519" 2. A.D.I.: "519" 3. AMB: "City 519 enroute code 2 Lafayette General Hospital to Millard Fillmore. "' 4. A.W." "519, 07:30" M. POLICE RESPONSE -CODE 99 i. EXAMPLE: 1. A11MB: "City 515, code 99 at Texas and Lang." 2. A.D.I.: "515 clear, 17:10." N. AMBULANCE STAND -BY STATUS EXAMPLE: A.D.L: "City 516, A.D.L" AMB: "516" A.D.I.: "516, take code one stand -by at Maim and Benwood, Paramedic." AMB: "516 code one stand -by at Main and Benwood A.D.L: "516,10:1.5" Page 38 1E GENERAL INTERROGATION TECHNIQUE a. As a trained interrogator, you must take charge of the situation. Your primary concern as a . dispatcher is the well being of the individual requiring assistance. You must exercise ingenuity and initiative to assure prompt and appropriate assistance for the patient. However, you should recognize your responsibility to the caller, which is to instill confidence and calmness. You do this by such actions as recognizing the possible emotional agitation of the caller, assuring the caller that help will be sent, remaining calm yourself, and by expressing no hostility even if the caller becomes hostile. IV b. Be firm but courteous. Do not allow the caller to relate the "life story" , or offer explanations for the actions of him or-others. It is the task ofpersonnel from the Emergency Services Communication Center to quickly extract the needed information. c.. Personnel will perform a concise interrogation according to the adopted interrogation protocol. GENERAL DISPATCHING TECHNIQUE a. A dis atcher does not tell the Dublic safety Personnel what to do. The dispatcher does not order them around. The dispatcher does not command them. When ' inform an ambulance crew that an incident with multiple injuries has occurred at Court and Main, and when the crew responds with all deliberate speed, it is easy to think you have ordered their to go there. You have not. You have merely enabled the ambulance personnel to perform one of their major duties, which is to render assistance as required at Court and Main, and you have told them what to expect when they get there. b. A di atcber does not diagnose the cause of medical problems that are revorted. Physicians know how hard it is to diagnose reliably without examining the patient, just on the basis of what people say over the telephone. Dispatchers, with less medical training aaid.experience, would be much more prone to make inaccurate diagnosis. c. A dispatcher does not second - guess. When a dispatcher receives a call for assistance, the dispatcher gathers considerable information about the nature of the problem. The dispatcher does all he can to bring assistance to the caller. The dispatcher often hears, monitoring his radio what measures are being taken by other agencies to alleviate the problem. However, the dispatcher should avoid second guessing the action of the ambulance personnel or MC Unit at the scene, who have broader more direct knowledge of the situation and a better feel for what measures are appropriate or possible. Page 39 CERTIFICATE OF LIABILITY INSURANCE nATE(MMIDDIYYYY) 0210712013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY 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, subject to 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 ADn Risk Insurance Services West, Inc. Phoenix AZ Office CONTACT - NAME: PHONE . o.Extl: (866) 283 -7122 FAX No.); (847) 953 -5390 E -MAIL ADDRESS: 2555 East Camelback Rd. suite 700 INSURER(S) AFFORDING COVERAGE NAIC # Phoenix AZ 85016 USA INSURED INSURER A: ACE American insurance Company 22667 Rural /Metro Corp. and all subsidiaries Affiliates, and other Business Assoc. INSURERS: Lexington Insurance Company 19437 INSURER C: X CLAIMS -MADE ❑ OCCUR owned, operated or controlled by Rural /metro 9221 E. Via DeVentura INSURER D: INSURER E: MED EXP (Any one person) Scottsdale AZ 85250 USA INSURER F: X Professional Liability t;0VFRAt1;FK E;InHI IFIC:AIt NUMIit K: b /UU44iJZb'IHZ KtVIJIVN NUM1 LK: 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. Limits shown are as requested NSR LTR TYPE OF D INSR SU WVD POLICY NUMBER POLICY EF MM D POLICY EXP IMMIDR LIMEYS B GENERAL LIAalLnY X COMMERCIAL GENERAL LIABILITY 6797001 SIR applies per policy terns U5/ Ol 2012 & condl 0 Ol i onS EACH OCCURRENCE $1.000,000 DAMAGE TO RENTED PREMISES Ea occurrence $50,000 X CLAIMS -MADE ❑ OCCUR MED EXP (Any one person) $5,000 X Professional Liability PERSONAL B ADV INJURY $1,000,000 - GENERAL AGGREGATE $5 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPICP AGG $1,000,000 SIR $1,000,000 X POLICY PRO LOC JECT A AUTOMOBILE LIABILITY ISA H08696561 05/01/2012 05/01/2013 COMBINED SINGLE LIMIT Ea accident $2,000,000 BODILY INJURY (Par person) X ANY AUTO BODILY INJURY (Per acddent) ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS NON -OWNED AUTOS - c den DAMAGE ROr =1D UMBRELLALIAB EACH OCCURRENCE AGGREGATE EXCESS LIAR HOCCUR CLAIMS -MADE DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR! PARTNFR I FXECU7VVE WLRC46782422 05 01/2012 05/01/2013 X We IT T R ITO E.L. EACH ACCIDENT $2,000,000 _ OFFICERfMEMBER EXCLUDED? N (Mandatory in NH) N!A E.L, DISEASE -EA EMPLOYEE $2,000,000 If es describe under DESCRIPTION OF OPERATIONS below F.L. DISEASE - POLICY LIMIT $2,000,000 . DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICL95 {Attach ACORD 909, Additional Remarks Schedule, If more space Is required) The city of Buffalo is included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability policy. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The city Of Buffalo AUTHORIZED REPRESENTATIVE 65 Niagara Square Buffalo NY 14202 USA 97{ / "W9m y i X ? CD w C N V d a 0 s N Q V O O O Z d R V Q a L) s ©7988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 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) 1b. Business Telephone Number of Insured 716- 818 -0678 Rural/Metro Corp. and all subsidiaries, affiliates, and other business assac. owned, operated or controlled by RuraUMetra 1c. NYS Unemployment Insurance Employer Registration 481 William Gaiter Parkway Number of Insured Buffalo, NY 14215 47- 611783 Work Location of Insured (Only required if coverage is specifically 1d. Federal Employer Identification Number of Insured or limited to certain locations in New York State, i.e. a Wrap - Up Policy) Social Security Number 86- 0746929 2. Name and Address of the Entity Requesting Proof of 3a. Name of Insurance Carrier Coverage (Entity Being Listed as the Certificate Holder) ACE American Insurance Company 3b. Policy Number of entity listed in box "1a ": New York State Department of Labor WLR C4 67 82 42 2 W. Averell Harriman State Office Campus Building 12 Rrn 266A 3c. Policy effective period: Albany, NY 12240 05/0112022 to 0510112013 3d. The Proprietor, Partners or Executive Officers are: ® included. (Only check boa if all partners/officers included) ❑ all excluded or certain partners/officers excluded. This certifies that the insurance carrier indicated above in box "3" insures the business referenced above in box "1a" for workers' compensation under the NewYork State Workers' Compensation Law. (To use Ellis form, New York (NY) must be listed under Item 3A on the INFORMATION PAGE of the workers' compensation insurance policy). 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 ". The lnsurance Carrier will also notify the above certificate holder within 10 days ]Fa 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 front the coverage indicated on this Certificate. {These notices neap be sent by regular mail.) Otherwise, this Cer6fi4 to is valid forone yearater this farm is approved by the rnsumuce carrier or its licensed agent; or until the policy expiration data listed in box 9c '. whichever is earttier Please Notes Upon the cancellation of the workers' compensation policy indicated on this form, irthe 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 mandatorycoverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, I 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 depicted on this form. Approved by: Kelly Dolan (Print name of authorized representative or licensed agent of insurance carrier) Approved by: (Date) Title: Vice President Underwriting Manager _ Telephone Number of authorized representative or licensed agent of insurance carrier: 713.403.3187 Please Note. Only insurance carriers and their licensed agents are authorized to issue the GI05.2 form. Insurance brokers are NOT authorized to issue it. C -I05.2 (9 -07) CK -404D (9 -07) Workers' Compensation Law Section 57. Restriction on issue of permits and the entering into contracts unless compensation is secured. 1. The head of a state or municipal department, board, commission or office authorized or required bylaw to issue any permit for or in connection with any work involving the employment of employees in a hazardous employment def ned by this chapter, andnotwlthstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrieris produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any compensation to any such employee if so employed. 2. The head of a state or municipal department, board, commission or office authorized or required,by law to enterinto any contract for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, notwithstanding any general or speci al statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. C -1052 (9 -07) CK -404D (9 -07) CONTINUATION CERTIFICATE PLATTE RIVER INSURANCE COMPANY a certain Hand No. 40054228 dated effective 03/1/2005 (MONTH- DAY -YEAR) on behalf of LASALL' E AMBULANCE, INC. DIBIA RURALIMETRO MEDICAL SERVICES 1PRINCIPAL) and in favor of CITY OF BUFFALO 10BUGEE) does hereby continue said bond in force for the fiuther period beginning on 6/30/2012 (MONTH -DAY YEAft) and ending on 6/30/2013 (MONTH- DAY -YEAR) Amountofb0nd $100,000.0[3 Description ofbond Emergency Ambulance Services , Surety upon PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and pr that the Surety's liability under said bond and this and all Continuation Certdicates issued in connection therewith shall not be can and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of an i committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event the amount of said bond as hereinbefam set forth. Signori and dated on W0120.2 [MONTH- DAY -YEAR) . PLATTE RIMER INSURANQE COMP BY ATTORNEY -IN -FACT Simone Gerhard EXHIBIT m a CONTRACT RENEWAL AGgEEMENT EMERGENCY ,DLA.NCE SERVICES THIS. AGItEEiV W, made the _L day Of 2010, by and between ne CITY Off' BUITALO, a numiclpal corporation of the State o£New York having its p incipal offices at 65 Niapm Square, BdMO, Naw Y•mk 14202, (hueinaiier called the quff); and LA SA.LLE AMM ANCE, INC dWa RMML MTRO MIDICA.L URVICES, a business corporation having it prbacipai of at 600 Delaware A -Vanua in the City Of Buf NO New Xorlc, (haraiaMer caDed -All![ M.ANCE SERVICV). WXT14ESSETH - • . Vbmas, fho CITY 8nd!AbF LANCE SEIt 2005 for the provision of emergency ambulance serer 'within. the City of Buffalo; and. Whereas, that aWM enl provided fnr service to be provided trough and iucludhrg Jana 30,2010; and Whereas, said agmement der provides ftitthe parties, upon muWal canseaak, may renew the agreemeat for an additional two -year terak; and W hereas, the Cif Y and AMBULANCE SERVICE desire to exec ctc 1en04' — provWan of the Agreement NOW, TIEREFORE, It is AGREED as WOW 1. The CITY atd AMBULANCE SERVICE agree to con to mutual obligations and dies fnr provision of ambulance samew pwzmd to the terms of the exaiusive F=dsiw Agreement entered beWeen.tthem ft a day of MMh 2005, atte,ohed }amto and incorporated herein as ExhlitA. 2, The seMeoB and obligations pumumtto this extension 8VMMent shall contnuc for an additional two (2) ycar tmm as provided in ARTICLE VJO� Section 7.01 of the Agreement dthd Msrch 1., 2005. 3. Pursuant to a seta eemnt agrecumd be %ua the err°Y and the AMBULANCB S13RVICE entered inthe M atter ofRural MetrO M#V fccd SerVIM, I= v. CAY of Bo alo, et aL, (SuprorW CvuA We County, Index No. 2006 - 8931), it is agreed as follows - a. ,q MBULANCE SERVICE agrees to comply with ali requirements of the City of Buffalo Living Wage OClinanne Rough the renewal }period, b..AMBULAN'CE SERVICE agrees to mamt& appropriate =wds to ensure comi►llanee with its ob pflow under the Sattlememt AFemnot and to provi& such records to the City Living Wage Commission tnd/or the City upon. request. The records will bo kW and provided in such a r mor as to readily enable third parties to review and amass calculations that AMBULANCE SERVICE has mWaregarding the time that its anxployees have spent providing services under the Fmchise Agreement. 4. This agremmt sW& W no other nmmum alter or modifytho teams and conditions of the agreement of March 1, 2005all provisions of which shall continue unchanged except as w s ifrc+ally movided in flit extension agreaerncnt.. T^ . CITY OF BMALD BY BYR . BROWN, MYOR — LA Mlff A BLANCE, VC., d!b /a R.URALlMTRU N"ICA.L SERVICES BY; ph; EXHIBIT Y j 7 AG REEMEN T EMERGENCY AMBULANCE SERVICES - THIS AGREEM ENT, made the �''c�ay of � 2013, by and between The CITY OF BUFFALO, a municipal corporation of the State of New York having its principal offices at 65 Ningam Square, Buffalo, New York 14202, (hereinafter called the "CITY" ); and LA SAL'LE AMBULANCE, INC., d/b /a RURAL METRO MEDICAL SERVICES, a business corporation having its principal offices at 600 Delaware Avenue, Buffalo, New York, 14202, (hereinafter Called "AMBULANCE SERVICE "). WITNESSETH ..- INMREAS, .the CUY And..AMB.W -ANCE. SERY, I, CE .entered.a..contractAgreement. dated March 1, 2005 for the provision of emergency ambulance service within the City of Buffalo; and WHEREAS, that Agreement provided for service to be provided through and including June 30,2010; and WHEREAS, said Agreement further provides that the parties, upon mutual consent, may renew the Agreement for an additional two -year term; and WHEREAS, the 'CITY and AMBULANCE SERVICE exercised the renewal provision of the Agreement in a Contract Renewal Agreement; and WIIEREAS, said Contract Renewal Agreement expired on June 30, 2012, and is not subject to further renewal; NOW, TaIR+r FORE, IT IS AGREED AS FOLLOWS: 1. The CITY and AMBULANCE SERVICE agree to continue the mutual obligations and duties for provision of ambulance services, for a term, to continue retroactively from July 1, - - 2012, extending through December 31,2013 and 2. Such services shall continue under the provisions for "Emergency Commitment" - contained in Article I $ 16-3 of the Charter of the City of Buffalo; and 3. Such services shall be provided according to the terms prescribed by the Agreement between the CITY and AMBULANCE SERVICE, effective March 1, 2005, attached hereto, and incorporated herein as Exhibit A; 4. Section 4.06 of the Agreement between the CITY and AMBULANCE SERVICE, effective March 1, 2005, is hereby amended as follows: To ensure that service remains uninterrupted in the event of premature termination of the Agreement pursuant to Section 8.06, due to default by Ambulance Service, Ambulance Service shall be required to provide, as a condition of execution of this Agreement, an irrevocable letter of credit, surety bond or equivalent form of liquid performance security in the amount of one million dollars ($1,000,000) in a form acceptable to the City, securing the Ambulance Service's " pe " onimce p0r�nant'to the provision aftliis Agreement. FuffthW, as a condition bf the .. execution of this Agreement, upon termination of this Agreement pursuant to Section 8.06, the City may require the execution of a fair market value lease of the Ambulance Services ambulances or equivalent method, permitting the City or its designee to continue. operating an ambulance service. _ 5. In consideration of the assignment by CITY of sole provider status for the provision of emergency ambulance services in Zane(g) in the City of Buffalo, and for dispatching or arranging fur dispatch and providing for first responder services, the franchise fees payable by AMBULANCE SERVICE under this Agreement shall be based upon the amount estimated for the provision of management, monitoring, evaluation, licensing and a portion of the capacity maintained in the Fire Department to provide first responder services. Upon payment of a monthly franchise fee of Twenty Nine Thousand One Hundred Sixty Six Dollars and Sixty Six Cents ($29,156.56), the monthly prorated portion of Three Hundred and Fifty Thousand Dollars ($350,000.00), and for other good and valuable consideration, the CITY and AMBULANCE SERVICE agree to perform each and every term of this Agreement. Franchise fees are to be paid to the QTY at the conclusion of the term of this Agreement; and 6. Pursuant to a settlement agreement between the CITY and the AMBULANCE SERVICE entered in the Matter of Rural Metro Medical Services, Inc. v. City of Buffalo, et al., (Supreme Court, Erie County, Index No. 2006- 8931), it is agreed as follows: a. AMBULANCE SERVICE agrees to comply with all requirements of the City of Buffalo living Wgge Orduaance tlunughout the time period this Agreement is in effect; b. AMBULANCE SERVICE agrees to maintain appropriate records to ensure compliance with its obligations under the Settlement Agreement and to provide such records to the City Laving Wage Commission and/or the City upon request. The records will be kept and provided in such a manner as to readily enable third parties to review and access calculations that AMBULANCE SERVICE has made regarding the time that its employees have spent providing services under the Franchise Agreement; and 7 This Agreement shall in no other manner alter or modify the terms and conditions of the Agreement of March 1, 2005 or of the Contract Renewal Agreement, all provisions of which shall continue unchanged except as specifically provided in this Agreement; and a 8. The. CITY may cancel this Agreement at any time upon 30 days' notice to AMBULANCE SERVICE. CITY OF BUFFALO BY BYRON W. BROWN, MAYOR LA SALLE AMBULANCE, INC., dIWa RIIRAIMTRO MEDICAL SERVICES BY: APPROVED AS TO FORM ONLY �' O aril. Corporation Counsel By CITY OF BUFFALO ACKNOWLEDGMENT On this /�� day of -- 1 2013, before me personally appeared Byron W. Brown, being by me duly sworn, did depose and say that he is the Mayor of the City of Buffalo, the party to this Agreement, and that he has read the contents thereof, and signed this Agreement. Notary Public TIMOTHY A. BALL Notaryry Public State of Now Ybrk Q Willed irr Erie County My C0cIM13s�fon Expires : Apr. 4, 2" /7 CORPORATE ACKNOWLEDGMMM On this day of 2013, before me personally appeared did depose and say that - is the Of , having its principal address as which is aparty to this Agreement, that has read the contents thereof, and duly executed this Agreement. Notary Public [-------- - - - - -) [MAJ- 5 [213 - 6] * L [3/4 - 7] T t ] 1VU � FONTANA ERANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVER-A RUSSELL SCANLON SMITH [-------- - - - - -) [MAJ- 5 [213 - 6] * L [3/4 - 7] 0003 BYOWN W. BROWN MAYOR Roger L. Ross, Esq. Hurwitz & Fine, P.C. 1300 Liberty Building Buffalo, New York 14202 CITY OF BUFFAW DEPARTMENT OF LAW November 1:5,2013 Re: 1732 Elmwood Avenue (Rear Parcel) Dear Mr. Ross: In reply to your letter of October 7, 2013, please be advised as follows: 1 � I t TIMO'T14Y A. BALI, CORPORATION COUNSEL On March 20, 2013, the property known as 1738 Elmwood Avenue was granted a zoning variance permitting its use for residential, retail and office use. Notice of Hearing was published in the Buffalo News and written notice of hearing was sent by first class U.S. mail to all property owners within 400 feet of the subject property. The decision of the Zoning Board of Appeals was filed in the office of the Buffalo City Clerk on March 20, 2013. The property at 1738 Elmwood Avenue is contained within an M2 General Industrial district in accordance with the City of Buffalo Zoning Ordinance (Buffalo City Code Chapter 511).. As such the variance permitted a non - conforming use within the M2 district. Your client's property at 1732 Elmwood Avenue is adjacent to the premises subject to the use variance. Use of 1732 Elmwood Avenue as a junkyard is a use permitted as of right in an M2 district [Buffalo City Code §511 -48 subd. (7)]. The grant of a use variance to an adjacent property within the M2 zone does not alter the permitted uses of any other property within the zone. It grants an additional, otherwise prohibited; use to the property at 1738 Elmwood Avenue, but does not alter the permitted uses of other properties within the zone, either by diminution or by expansion of permitted uses. Under present City ordinances, the use of 1 >732 Elmwood Avenue as a junkyard is a use permitted of right. The use attaches to the property. Conveyance to another owner does not change the continuation of the use. Should the current junkyard use be discontinued, that fact 65 NIAGARA SQUARE{ 1100 CITY HALL/ BUFFALO, W 14202,3379 / (716) 851 -4343 / FAX (716) 851.4105 / www.city6nffido.com i3 would not prevent a future owner from establishing a new junkyard within the M2 district, as operation of a junkyard is a use as of right within the M2 classification. A new junkyard would have to meet other planning and land use requirements in place at the time of establishing the new business. The City cannot make representations concerning future changes in law, nor to possible future transactions under differing facts. Very truly yours TIMOTHY A. BALL EFE �iET TPA' COMMITTEE Co Lion n x :> BY: P. GERSTMAN Assis Corporation Counsel cc.: Timothy A. Ball, Esq. 2 ! FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS December 23, 2013 City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 37 PASSED December 23, 2013 Request Approval to Auction/Scrap Vehicles (F -252, PW 03 -E) Gerald A Chwalinski City Clerk c� c.St m P P R O Y Ja i O$ 2014 0003 ") V1, SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 12, 2013 FROM: DEPARTMENT: Administration, Finance, Policy, & Urban Affairs, Division of Purchase SUBJECT: [:Approval to auction/scrap vehicles PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx The Division of Purchase hereby requests permission from your honorable body to auction/scrap the following vehicles from the Buffalo Fire Dept and Public Works Engineering Division: F -252 1998 Pierce Ladder truck , 100,000 miles, Failed inspection of aerial apparatus, PW -03 -E , 1996 Ford Explorer, 4 door, Dark Blue. 147,359 miles, Does not run. If you have any questions or concerns, please contact William Sunderlin, Director of Purchasing at 851 -5695 Thank you in advance for you cooperation and expediency in addressing this matter / SIGNATURE DEPARTMENT HEAD TITLE: WILLIAM L. SUNDERLIN, DIRECTOR OF PURCHASE Approval to Auction/Scrap Vehicles Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated December 12, 2013 be received and filed; That the Common Council hereby authorizes the Director of Purchase to auction/scrap the following vehicles from the Buffalo Fire Department and the Department of Public Works, Division of Engineering as they have been determined to be unsafe and not road worthy: • F -252 1998 Pierce Ladder truck — failed inspection of aerial apparatus • PW -03 -E, 1996 Ford Explorer 4 door — does not run PASSED � C:M7 ments and SelungstcleMedl -ocal settiops Tempmarylntcmet Films OLKIDUuction -scrap sehicles.dae *A-YE * NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RWERA RUSSELL SCANLON SMITH -------- - - - - -] [ MAJ - 5 ] [213 - 6] [ 314 - 7 1 )PI, FROM THE CITY CLERK December 23, 2013 ®003~8 City of Buffalo 0 1" Board of Ethics Meeting Minutes Tuesday, October 22, 2013 Members in Attendance: Douglas Coppola, Eleanor Paterson, James Magavern, Richard Sullivan, Gerald Chwalinski, & Elizabeth Horned. Excused: Cavette Chambers Quorum New Business: 1) A Transactional Disclosure Statement was submitted by Director of Citizen Services, Oswaldo Mestre, Jr., regarding his attendance at the KANA Connect 2013 business conference. He needs to submit actual travel disbursements and reimbursements of expenses paid by KANA. 2) Elizabeth Horned, new Board of Ethics member, submitted her 2013 Financia Disclosure Statement. Old Business: Doug spoke with Cavette about drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City. The amendment needs to go back to the Council. Cavette to follow up with Tim. Approval of the October 22, 2013 minutes. Next meeting is scheduled for Tuesday, November 19, 2013. Meeting is adjourned. November 19 meeting was rescheduled for December 17, 2013. 7, l � T 0003.9 IM 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- Donna Cavalieri. Elizabeth Clark. Ellen Taylor. Jodie Bobeck. Kate McKeating 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. December' ; 1013 0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: UNPAID LEAVE OF ABSENCE I . PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. (Item No. xxx C.C.P. xx/xx /xx TEXT: (TYPE SINGLE SPACE BELOW} Civilian School Crossing Guard Donna Cavalieri assigned to the D- District has been granted a medical leave of absence without pay for the period of 34 days commencing November 27, 2013 through December 30, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Der enda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: giglg� Pill DATE: NAME: *SSN: *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL ❑ EMPLOYMENT [] FMLA (srs BELOW) MMARY ❑ (MU5TATFACIi ORDERS) RANK: r ASSIGN: MATE MY ❑ -�_ PERSONAL ❑ MEDICAL ® (MUST ATTACH MEDICAL DOCUMENTATION) " TFIE FAMII Y MEDICAL L AYE.OF ABSENcE.q MLA) LS A -12 WEEK LEAVE 99 NM M 77ENT IM A IS A18 A 12 / 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID .LaVg TRWS) FOR: CARE OF CIM D, SFOUSZ 'AdtEN'P OR OWN MEDICAL HEALTH. CONDITION (ADDITIONAL m& A REQUFSf FORM REQUIRED) THE TAIUNG OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF W PERFECT' ATPENDANCE BENMT1' " SWORN MEM130B REQUESTING A LEAVE OF ABSENCE IN EXCESS OF IHIRTY (30) DAYS OR A CONSEC.PPNE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS, M{Mf TT SURREWER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND W CARD PRIOR TO TAFSTART OF THEIR LEAVE FAR RE TO DO.SO WILL RESi1LTEV TREREVOCATIOIV OFTgEI.EA VE OFABSENCE AND THE CARRYING OFTBEMEMBER ASE NGATVOL EXPLANATIQN OF LEAVE HATES OF LEAVE BEGINNING DATE: 41 la1 l y 3 END DATE: RETURN TO WORK DATE: Id T21 L A LENGTH OF LEAVE: d EMPLOYE$ SIGNATURE PRaVW / ❑ DENIMD (APPROVAL CONDITIONED UPON SURRENDERORDEPART14IIvIWAL CQUfl ) POLICE INSPECTOR APPROVED! [] DENIED (APPROVAL CONDITIONED UPON SURRENDER OF nH'AIiTMENFlAL IIIPI4lG+lVT) COMMISSIONER OF POLI ATE c c: OWGINAL- ADMINMTRATION AND FINANCE (PMONNEL FILE) REQU01ING I3UPLOYEE cwm SERVICE ADMINISTRATION PAYROLL COMIvIANDWG OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 1�b� TO. THE COMMON COUNCIL FROM: DEPARTMENT DATE L POLICE 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 BELOVi ) Civilian School Crossing Guard Elizabeth Clark assigned to the E- District has been granted an extension to her medical leave of absence without pay for the period of 30 days commencing December 3, 2013 through January 2, 2014. PO Ellen Taylor assigned to the A- District has been granted an extension to her medical leave of absence without pay . for the period of 9 days commencing December 2, 2013 through December 10, 2013. DDltlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commis ' ner of Police SIGNATURE OF DEPARTMENT HEAD. ■ THE FAMILY MEDICAL LEAVE OF ABSENCE TMIA) IS A 12 WEEK LEAVE (M LIMMMTTIENT FMLA IS A Z., A 12 WM / 480 IRt LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF QMD, SPOUSE, PARENTOR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FWA REQilESTFORMI REQUIRED) • TI1E TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF TILE PERFECT ATTENDANCE BENEFIT a SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF TMTY (30) DAYS OR A CONSECUIM ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS, M= SURRENDER THEIR DEPARTMENTAL WEAPON, RAD[D, CAP SPRAY, BADGE, WREATHAND M CARD PRIOR TO TAESIART OF THEIRLEAVE FAU URE TO DO -SO WILL RE'SVLTLV TBEREVOCATTONOF MLE,4VE OFABSENCE AND TSECARRYEVG OFTREMEMBEBASBEINGAWOL E�ATION OF LEAVE: DATES OV LEAVE BI GINNING DATE: 12- Zf) 1 3 END DATE: ( 1 2.1 Z b 14 RETURN TO WORK DATE: 1 3 2 t) I q LENGTH OF LEAVE: awLOYEE SIGNATJ)RI3 A MPROVEDI[ji)&GED (APPROV ©HDTtIONED UPON 9 U ) IRENDER 0 01PARTMIWAL E,QUIPMMT) aZ 16 OLICE INSPECTOR DA ,J� APPROVED 1 ❑ DENII3D (APPROVAL. CONDMONED UPON suRREDIDER opDEpARTMBN'PAL OtVMMT) COMMISSIONER OF POLICE cc: ORIGINAL — ADMINI S MATION AND FINANCE (PERSONNEL FILL) REQUESTING �LOYEfi CIVIL SI R.VICE ADMINISTRATION PAYROLL COMMANDING OFFICER DATE: NAME: *ESN: X 60 7 9 ASSIGN: *LAST FOUR (4) DIGITS ONLY* — TYPE 01 T E &U EDUCATIONAL ❑ MATERNITY 0 EMPLOYMENT ❑ PERSONAL ❑ FMLA (SEE BELOW) ❑ MEDICAL (MUST ATTACH M®ICAL MMHARY ❑ (MIUSTATTACH DDCUMMATION) ORDERS) ■ THE FAMILY MEDICAL LEAVE OF ABSENCE TMIA) IS A 12 WEEK LEAVE (M LIMMMTTIENT FMLA IS A Z., A 12 WM / 480 IRt LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF QMD, SPOUSE, PARENTOR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FWA REQilESTFORMI REQUIRED) • TI1E TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF TILE PERFECT ATTENDANCE BENEFIT a SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF TMTY (30) DAYS OR A CONSECUIM ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS, M= SURRENDER THEIR DEPARTMENTAL WEAPON, RAD[D, CAP SPRAY, BADGE, WREATHAND M CARD PRIOR TO TAESIART OF THEIRLEAVE FAU URE TO DO -SO WILL RE'SVLTLV TBEREVOCATTONOF MLE,4VE OFABSENCE AND TSECARRYEVG OFTREMEMBEBASBEINGAWOL E�ATION OF LEAVE: DATES OV LEAVE BI GINNING DATE: 12- Zf) 1 3 END DATE: ( 1 2.1 Z b 14 RETURN TO WORK DATE: 1 3 2 t) I q LENGTH OF LEAVE: awLOYEE SIGNATJ)RI3 A MPROVEDI[ji)&GED (APPROV ©HDTtIONED UPON 9 U ) IRENDER 0 01PARTMIWAL E,QUIPMMT) aZ 16 OLICE INSPECTOR DA ,J� APPROVED 1 ❑ DENII3D (APPROVAL. CONDMONED UPON suRREDIDER opDEpARTMBN'PAL OtVMMT) COMMISSIONER OF POLICE cc: ORIGINAL — ADMINI S MATION AND FINANCE (PERSONNEL FILL) REQUESTING �LOYEfi CIVIL SI R.VICE ADMINISTRATION PAYROLL COMMANDING OFFICER 12- 09 -'13 14;53 FROM- T -938 P0001f0001 F -719 NAIL: 1 I A-n 7A 4 yc L em. =SSN: Assts: BAST FOUi!(4) DIOYTS ONLY* 1= aF LFA'�ti E.- BDUCATIONAL ❑ MATERNny McLOYMm ❑ PE&SONAL .8 FN LA (W BUDW) MEDWAL (MMAiTAM MICAL MWARY ❑ QMTATTAM DOCUlMTAT8" , OMB) • THS FAk)O.YCAl. LBAVB OP A$3�C£ iS A!Z IN�C L9A'VE ('� �EN!'P� D A 13 Al�.W6Ei� 1480 H& LEAVE US1ihiG A COM ATM OF WM PAW AND UMAID LEAVB TM FOR CAME OF Cl=. SMSA PAMM OR OWN AID W& PIDA1 M CMMn M (ADDT MUft 1+A UR6QTWFOtiBt RBQMM • Tide TAKWOOF AM'1<18AVBOP AUMM MT M THE LOSS OF TO P88, M ATMC WCC 81c WJT • SWORN MDA MQU ESM0 A LEAVE OF ABHNCS Al BXCW OF M'iY (M DA" OR A.CONMCUFM AlZUNVlATION OPEMTONS 1>1187IC 0 OF THIRTY 00) DAYS; HW SIdRB1 WARTKWAL WWO;~1.R1.lDlO; CAP SPAY. SA1ft€S� WNATRAM ID CARD FR(ORTO T� ART OF TIM LEAVE FAILURE TO DO SO W=JWMTJNT�1"a 1WVOUTYONOF THE LMYE OFABSEWE 92ND TW CAMYING OF TIIE A fE A 0M ASS AWOL gAlls OF um. BEGIG DATE: 3 f END DATE: R TUAN ToVAMDATE: 3. �E r 1 LENOTH O LEAVE: BMPLOY138 SWAT= ,g j A� .OVW I ❑ M= ( APPROVAL CUNAMO= INOW SWW-NM OF DVARMMrAL ]ZOW W) . 11 , o r lzL� l- POLIM nCOMOR �► AE PRO 1 Q DEM (AM+AOVAL CONMONED UPON SUMMER ER OF MCFARM M 8Q11lp1Y18OM ZZ L`0118Mt88iom ouch ATE cc OkGWAL- �n0WAMPrN MCE(PP.MS0MWLFUM t!8(}L1omwouvLo EE Irm SMLVU ADM(N O MWMON PAYROU bOMMAMWOr OPHCM SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE FROM: DEPARTMENT: POLI DIVISION SUBJECT: 1: UNPAID LEAVE OF ABSENCE I. PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. ( Item No. xxx, C.C.P. xx/xx /xx TEXT: ( TYPE SINGLE SPACE BELOV� PO Jodie Bobeck- Nadrowski assigned to Traffic has been granted a personal leave of absence without pay for the period of 2 days commencing December 27, 2013 through December 28, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12c (10/12) DATE: 2 (, 3 NAME: Pp `>1C4 RANK: Z *SSN: XXX -XX- 1 (96 ASSIGN: I Pp. F *LAST FOUR (4) DIGITS ONLY* EDUCA'T'IONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL FU LA (SEE BELLOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE ME INTERMITTENT FMLA IS A IS A 12 WEEK / 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 TILE PERFECT ATTENDANCE BENEFIT + SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT EV THE REVOCATIONOF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEEVG AWOL EXPLANATION OF LEAVE DATES OF LEAVE BEGINNING DATE: END DATE: _ 1 a �? $ 1 RETURN TO WORK DATE: [a -[ LENGTH OF LEAVE: -D EMPLO APPROVED 1 [] DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE LV APPROVED / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) -- ?A L COMMISSIONER OF POLICE DATE `�� cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER C SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. ( Item No. xxx, C.C.P. xx/xx /xx) TEXT: ( TYPE SINGLE SPACE BELOVL� PO Kate McKeating assigned to the Commissioner's Office has been granted an extension to her personal leave of absence without pay for the period of 3 days commencing December 4, 2013 through December 6, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda ` TYPE TITLE: Comm' sioner of Police SIGNATURE OF DEPARTMENT HEAD: — — P-1 2e (10 /I2) DATE: NAME: *SSN: XXX — && U *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL. EMPLOYMENT FMLA (SEE BELOW) MILITARY El El ❑ (MUST ATTACH ORDERS) RANK: �� ASSIGN: r�/�1� FL�Cc..� MATERNITY ❑ PERSONAL MEDICAL ❑ (MUST ATTACH MEDICAL DOCUMENTATION) THE FAMILY MEDICAL LEAVE OF ABSENCE MALA) IS A 12 WEEK LEAVE (THE INTERMITTENT FMLA IS A IS A 12 WEEK 1480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; ba ST 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 REVOCATION OF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEIlVG AWOL EXPLANATION OF LEAVE DATES OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: ia4,A3 �� 1 Q f � EMPLOYEE SIGNATURE ,�� l. 9 6A16 �vn/1/ e� s9 77Q ,t1 � l � �� Z,) �T/ T,ei iy PROVED / ❑ DENIED (APP OVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) izLl POLICE INSPECTOR bATE APPROVED 1�❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF 1) AL EQUIPMENT) COMMISSIONER OF POLICE DATE cc: ORIGINAL -- ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER 0 No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. 1 December 23, 2013 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 December 3, 2013 Common Council City Clerk Intern VI Permanent, 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 $ 10.00 LAST JOB TITLE NAME Jade Alfonso LAST DEPARTMENT DATE ADDRESS 60 Hoyt Street LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -X -8470 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 10220001 TITLE CODE NO 1775 BUDGET ACCT. 0BJ. 412002 PROJ. ID 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: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: De ember 10, 2013 ) SIGNATURE OF APPOINTING AUTHORITY: 1 2VAA 14 1) ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #5- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 0004 11 IM Notices of Appointments - Seasonal /Flat I I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. December 23, 2013 Al i #4 (Rev 7 -07) Certificate of Appointment ,kL 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: 12/23/2013 in the Department of Community Services and Recreational Programming Division of Seniors to the Position of Senior Citizen Aide Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SR-AR-A Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Robert Williams DATE ADDRESS 1279 Michigan Ave CITY & ZIP Buffalo, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX -2970 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 15512001 TITLE CODE NO 9331 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2013 -102 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 Otis T. Barker, Sr. Deputy Commissioner 12!021 013 K:2 fi�l 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 ®0049 V No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. December 23, 2013 �A #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: L� 3 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,130 LAST JOB TITLE Laborer II Seasonal NAME taaie Kainey LAST DEPARTMENT DPW DATE 12113 ADDRESS 77 Richlawn LAST SALARY $12.47 hr. CITY & ZIP Buffalo 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 13296001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 - SALARY RANGE OF POSITION $23,130 - $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1219113 �, SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 1 UUVIt A U: GI I T IiLCKR VIW DCr ung mrt I mmm I urn i r OTHER COPIES TO: #3- COM TROLLER #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 Haman Resources /Civil Service for the Appointment Effective: Z' in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 St Class Stationary Engineer 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) PLAT (Enter Starting Salary) : Starting Salary of $ 15.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Gregory Morcio DATE ADDRESS 102 S. Pierce St. CITY & ZIP Buffalo 14206 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 1336001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2013 -36 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner nATF An ; 1215t13 SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPL OYEE(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 I�j119113 Public Works, Parks & Streets Buildings Sr. 1 Class Stationary Engineer 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 $ 15.00 hr. TrEa0PQRA °-10 - Alt " -t j OPEN- COMPETITIVE LAST JOB TITLE NAME Charles Black LAST DEPARTMENT DATE ADDRESS 194 Linden Ave. Apt. 1 LAST SALARY 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 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2013 - SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE.: 12/18/13 SIGNATURE OF APPOINTING AUTHORITY: -' ORIGINAL + 2 COPIES TY CLERK (ON /BEFORE. APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESQVIL 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 J,-�-Jr /3 Public Works, Parks & Streets Division of to the Position of Streets Street Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) orRene IN' r IN' T Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,130 LAST JOB TITLE Laborer II Seasonal NAME Bernard Kelly LAST DEPARTMENT DPW DATE 12113 ADDRESS 199 Royal Ave. LAST SALARY $12.47 hr. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF S SN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15035001 TITLE CODE NO 5010 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -37 SALARY RANGE OF POSITION $23,130 - $36,978 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: A e,, Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 121911 SIGNATURE OF APPOINTING AUTHORITY: ��✓, � OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESQVIL 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 /� /' (0 /E Public Works, Parks & Streets Division of to the Position of Buildings Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PER MANE NT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,130 LAST JOB TITLE Laborer II Seasonal NAME Patrick Bevelock LAST DEPARTMENT DPW DATE 12113 ADDRESS 41 Ludington St. LAST SALARY $12.47 hr. CITY & ZIP Buffalo 14206 LAST 4 DIGI OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP L AST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001. PROJ. ID PERSONNEL REQ. NO 2013 -66 SALARY RANGE OF POSITION $23,130 - $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: f Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1219113 SIGNATURE OF APPOINTING AUTHORITY: - ORIGINAL + 2 GUNAVS I U: U1 I Y C;LtKK (UN /tStrUKt.AWVUIN I MtN I UA I t) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #b- BUDGET #6- DEPARTMENT 97- DIVISION #8- - EMPLOYEE(S) C #4 (Rev 7 -07) Certificate of Appointment n �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). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of lZ11UIl�s Public Works, Parks & Streets Parks Park Utility Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVI Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,169 LAST JOB TITLE NAME Debra LaBorgne LAST DEPARTMENT DATE ADDRESS 1223 West Ave. LAST SALARY CITY & ZIP Buffalo 14213 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 14160001 TITLE CODE NO 9201 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -10 SALARY RANGE OF POSITION $23,169 - $38,615 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: f Li'L , Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/15/13 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESQVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 44 (Rev 7 -07) Certificate of Appointment' In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Water to the Position of Assistant Water Distribution Superintendent 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 $ 50,183 LAST JOB TITLE Caulker Supervisor I NAME Patrick McManus LAST DEPARTMENT DPW DATE 11113 ADDRESS 223 Dearborn St. LAST SALARY $43,605 CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF S SN. 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 53003721 TITLE CODE NO 4771 BUDGET ACCT. 0BJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -13 SALARY RANGE OF POSITION $50,983 - $58,404 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 11/12113 UKIUINAL + "L GLWrta I U: LA 17 4LCKr, tuMc CrLKC Pirt i I iyimN l UK I C1 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 ResourceslCivil Service for the Appointment Effective: tip in the Department of Public Works, Parks & Streets Division of Water to the Position. of Caulker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) aGOaeANON-e Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 32,392 LAST JOB TITLE NAME Thomas Karbowski LAST DEPARTMENT DATE ADDRESS 216 Rebecca Park LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE. NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003721 TITLE CODE NO 4740 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -81 SALARY RANGE OF POSITION $32,392 - $37,756 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/22113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIt5 I U: Up C:LtKK iVNltJU -VKt ANF FIN I MtN I UAI t) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE S #4 (Rev 7 -07) 0� 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 1.7, f/ l _j Public Works, Parks & Streets Water Caulker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANE Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Fiat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 32,392 LAST JOB TITLE NAME Nicholas Macri LAST DEPARTMENT DATE ADDRESS 5 Dallas Rd. LAST SALARY CITY & ZIP Buffalo 14220 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 63003721 TITLE CODE NO 4740 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 - SALARY RANGE OF POSITION $32,392 - $37,756 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ; , Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: 0 4 Commissioner DATE: 11/22113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 GUPIES I U:f/GI I Y GLEKK (UNIt3trUKE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5 - BUDGET #6- DEPARTMENT #7- DIVISION #8- ± #4 (Rev 7 -07) o� - a 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 ResourceslCivil Service for the Appointment Effective: Z- 4) Z_ i in the Department of Public Works, Parks & Streets Division of Water to the Position of Caulker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 32,392 LAST JOB TITLE NAME Colin Sullivan 'LAST DEPARTMENT DATE ADDRESS 70 Ashland Rd. LAST SALARY CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SS XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003721 TITLE CODE NO 4740 BUDGET ACCT.OBJ. 411001 PROJ, ID PERSONNELREQ. NO 2013 -83 SALARY RANGE OF POSITION $32,392 - $37,756 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: 01 Commissioner DATE: 1, 11/22113 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 48- EMPLOYEE(S) � 44 (Rev 7 -07) �O 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 Water to the Position of Caulker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open Competitive, Promotional, Nan - Competitive, Exempt (Insert one) NON COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 32,392 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Frank Sparacino Jr. DATE ADDRESS 26 Virgil Ave. 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 63003721 TITLE CODE NO 4740 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -84 SALARY RANGE OF POSITION $32,392 - $37,756 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: I Commissioner DATE: a 1215M3 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 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: 121912013 in the Department of Parking Division of Parking Violations Bureau to the Position of Traffic Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL PERIM INEI NT Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONAL r'°EE'''- COMPETiTnrc Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 36,338 LAST JOB TITLE Jr. Data Control Clerk NAME Marlene Smith LAST DEPARTMENT Parking DATE 2/27/1989 ADDRESS 52 Stewart Avenue LAST SALARY 34,255 CITY & ZIP 14211 LAST 4 DIGITS OF SSN. XXX -XX -7893 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11475001 TITLE CODE NO 0180 BUDGET ACCT. OBJ. 4110011 PROJ. ID PERSONNEL REQ. NO 2013 -26 W SALARY RANGE OF POSITION 36,388 - 40,747 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Kevin J. Helfer Commissioner of Parking 1219113 ss 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) i NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS December 23, 2013 0004 XL -WAYS aRes • mot 4455 Transit Road, Suite 2B Williamsville, NY14221 December 12, 2013 City of Buffalo Common Council City Hall Buffalo, New York 14202 Re: Proposed Tim Hortons Restaurant 537 Delaware Avenue (former Arby's restaurant) Members of the Common Council, "Tim Hortons" is proposing to redevelop the former "Arby's" restaurant at 537 Delaware Avenue. We are requesting your review of our proposed exterior site signage that we have presented to the Historic Preservation Board and Planning Board. Specifically, we are requesting your review and approval of our proposed front ground monument sign which would be located in the existing greenspace between the front of the building and the Delaware Avenue sidewalk. Our project will maintain the existing building with slight modifications. It will feature our new Cafe & Bake Shop design as well as a.Coldstone Creamery ice cream offering inside the building. We will utilize the - existing parking spaces and drive -thru operation of the site, and the driveways will remain in place for access to Delaware Avenue. To date, we have discussed the project with the Allentown Association, City Planning Board, Historic Preservation Board, and Councilman David Franczyk. Exhibits are included with this letter to illustrate the following discussion. We have attended two Preservation Board meetings and one Planning Board meeting to present this project. On 10/17/2013, the Preservation Board offered many comments regarding our building.design and exterior signage and was prepared to offer a conditional approval, to which we responded with a request to table the .project until the next meeting so that we could review the comments, revise our design, and resubmit for the Board's review. We made significant changes to our building in accommodating all of the Board's requests (see Exhibit #1), which included exterior sign removals, building -front window additions, and interior floor plan revisions to accommodate the exterior changes. We also reduced our proposed front ground monument sign from 10 feet in height down to 5 feet (see Exhibit #2). Our revised design consists of a 4% -foot high "Tim Hortons" sign on an 18" brick base to match the building, with low profile landscaping around the base of the sign. At their meeting on 10/31/2013, the Preservation Board fully appreciated the changes that we made to our building design and signage, and passed a motion to approve, but with a condition that co ��� we further reduce the size of our ground monument sign. They asked that we limit the overall width of the sign to 3' -6 ". We have prepared a drawing showing what this reduction would look like (seeExhibit #3). Due to the horizontal nature of our sign, which is our new Cafe Bake Shop brand logo that we are implementing on all of our new restaurants and renovations, reducing the width to 3' -6" also proportionately reduces the "Tim Hortons" lettering to a height of only 7 ". Considering the significant changes that we made to our building design to accommodate all of the Preservation Board's comments, we feel that this sign reduction provides inadequate visibility to vehicle traffic and is not acceptable. At the City Planning Board meeting on 11/6/2013, the Board approved our proposal as submitted, which included the building revisions as approved by the Preservation Board, but with our proposed ground monument sign (Exhibit #2). The Planning Board indicated that our proposed sign was a much better option than if we simply re -used the large existing pylon sign (see Exhibit #4). We have the option to re -use the pylon sign, however, after our preliminary meeting with representatives of the Allentown Association and the Preservation Board meetings, we fully understand and respect the sensitivity of this historic district and have come up with our alternative option for the ground monument sign which would include the removal of the large pylon sign. The pylon sign is not our preferred alternative, but in lieu of the Preservation Board's continued opposition to our proposed ground sign, this would be our next option to consider since no further approvals would be needed to just replace the sign panels, .Based on discussions we have had with the Planning Department and Codes /Permitting office, it is our understanding that the Planning Board cannot override the Preservation Board in regards to the site signage in this district, and any deviation from the Preservation Board's approval would require approval from the Common Council. At this point, we feel as though we have made great strides in accommodating every request of the Preservation Board, with the exception of further reducing the front ground monument sign. We are confident that our proposed ground sign is in everyone's best interest and provides an aesthetically pleasing alternative for the neighborhood. We appreciate your consideration of our request and look forward to meeting with you to discuss this project in more detail. If there are any questions or you need additional information, please feel free to contact me at (716) 253 -7546 or by email at blamowski clan timhortons.com. Sincerely, Tim Hortons Daniel Blamowski, P.E. F%EER i r,� TO, THE COMMITTE ON LEGISIATI®N. CC: City of Buffalo Planning Dept. Councilman Franczyk Allentown Association File (2) C -mom m l 0 . 8D=mmw=== 8Camawm -- m- nT8B' = 'mzxm m8A ® I 0 .. .. m © ® EEO a r. 4FiHF.ac:� 9 �r?F,3 �1 t ��.� � e ffi � �� 29 mm o oe El MODEL- M 25 - MONUMENT I i ().. r EXHIBIT #2 - TIM HORTONS PROPOSED GROUND SIGN 7- M- FAMILY -V7 EXISTING PYLON TO BE REMOVED CUSTOM MONUMENT -SMALL O EXISTING PYLON TO BE REMOVED EXHIBIT #3 - REDUCED GROUND SIGN REQUESTED BY PRESERVATION BOARD NTH /. DRIVE-THRU wY 'tea te.. Buffalo Monthly Water Board Report IN Buffalo Water Board Chairperson: Oluwole McFoy Member: Gerald E. Kelly Member: William L. Sunderlin Member: Michael Finn City of Buffalo Commissioner of Public Works: Steven Stepniak City Engineer. Peter Merlo Principal Engineer: John D. McMahon Summary of System Operations Summary of Collections Meter Reading & Billing Metering Distribution Field Services Plant Operations Safety & Environmental Communications Current Staffing Performance Standards Appendix: Page 2 Raw and Treated Water Quality, Water Quality Summary Water Usage Summary Distribution Department Report Energy Usage Motor Vehicle Accidents & Personal Injuries Lost Time Injuries 1 Lost Time (Days) Work Order Summary 0- t f `f--' TWAIER C�d� CIe�Ks oFr ®®045 JESSE KETCHUM MEMORIAL FUND Established 1 871 December 13, 2013 The Common Council City of Buffalo 1413 City Hall 65 Niagara Square Buffalo, NY 14202 Ladies & Gentlemen: The Board of Trustees of the Jesse Ketchum Memorial Fund herewith submit its Annual Report to you as required by the Deed of Trust that established this fund for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public Schools. Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of the graduating class who have ranked the highest scholarship in their group. Awards were presented at the Awards Ceremony held annually at West Hertel Academy. A list of the winners from 2012 and 2013 are enclosed for your records. Also, a copy of the financial reports by the Treasurer, MT. Robert Drake, for the fiscal year 12/31/11 thru 12/31/12 is enclosed. Respectfully submitted, Pattieia ,f fmffs Mrs. Patricia S. Evans Secretary REFERRED TO COUNCIL STAFF Jesse Ketchum Memorial Fund — c% Patricia S. Evans —17 Chestnut Hill Lane So. — Williamsville, NY 14221 1 jesse 716 -276 -871 ketchut2tl,b'71, c .gmail.coni �r e,/ 5� JESSE KETCHUM MEMORIAL FUND STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND BALANCES FOR THE PERIOD ENDING DECEMBER 31, 2012 AND DECEMBER 31, 2011 For the Period Ending 12/31/2012 12]3112011 REVENUE: Interest and Dividend Income: Cash And Cash Equivalents $ $ . Mutual Funds (2) $ 3,824 $ 3,348 TOTAL REVENUE $ 3 824 $ 3,348 EXPENSES: Awards $ 4,491 $ 4,547 Administrative Expenses (3) 1,409 2,158 TOTAL EXPENSES $ 5 $ 6,705 EXCESS OF REVENUE OVER EXPENSES BEFORE CHANGE $ (2,078) $ (3,357) IN INVESTMENT VALUE NET CHANGE IN MARKET VALUE OF INVESTMENT (4) $ 2,457 $ (13,418) EXCESS OF REVENUES OVER EXPENSES $ 381 $ (16,775) FUND BALANCES BEGINNING OF YEAR $ 155,684 $ 172,458 FUND BALANCE END OF YEAR $ 156,065 $ 155,684 C� Jesse Ketchum Award Winners 2011 -2012 Name on Certificate Med # Averag High School Attending 8th Gr. Parent's Name Street Address City /State Ge Sophia Adamucci 9021 94.25 Buffalo Seminary 32 Susan Adamucci 112 Norwood Ave. Buffalo, NY 14222 F Omayralee Arzuaga 9022 88.85 Emerson 30 1 Alma Santos 18 Brayton St. #2 Buffalo, NY 14213 F Shan Billups 9023 98 City Honors Enterpris Karen Billups 415 Lafayette Ave. Buffalo, NY 14213 M Ariana Marie Coleman 9024 96.06 Hutch Tech 6 Anna Coleman 210 Ora Wrighter Dr. Buffalo, NY 14204 F Ameer Nasser Dunston G2011 100 DaVinci 80 Tartrese Cook 748 LaSalle Ave. Buffalo, NY 14215 M Tiana M. Gonzalez Febres 9025 94.25 South Park 76 Leslianny Febres 676 Swan St. Apt, 2 Buffalo, NY 14210 F Ahsanul Haque 9026 96.5 Hutch Tech 69 Mohammed Haque 159 Woltz Ave. Buffalo, NY 14212 M Akaira Denise Harrington 9027 97.75 Hutch Tech 37 None Listed 112 Sussex Buffalo, NY 14215 F Shanikqua Hollingsworth 9028 93 BAVPA 39 Simona Hollingsworth + Buffalo, NY 14215 F Amanda Therese Horner S2012199.19 City Honors 195 Richard Horner 76 Whitfield Ave. Buffalo, NY 14220 F Benjamin H. Hough 9029 96 DaVinci 72 Debra Hough 370 Beard Ave. Buffalo, NY 14214 M Makkedah Jones 9030 93 McKinley 91 Mavis Gibson 553 LaSalle Ave. Buffalo, NY 14215 F Aye Aye Ktike 9031 97 International Prer 18 Wa Wa Khiang 422 Fargo Ave. (FI.2) Buffalo, NY 14213 F Nicholas Laskowski 9032 88.1 Hutch Tech 31 MaryJane Laskowski 254 BenzingerAve. Upper Buffalo, NY 14206 M An T. Le 9033 95.8 Hutch Tech 95 283 Plymouth Ave. Buffalo, NY 14213 F Kyra - Jade Lewis 9034 93.75 N.Carolina 66 Saven Lewis 257 Leroy Ave. Buffalo, NY 14214 F Nicole T. Luko 9035 97.5 Nichols 81 Be[ & Claire Luko 3172 Bailey Ave. Buffalo, NY 14215 F David T. Mai 9036 95.5 DaVinci 3 193 14th St. Buffalo, NY 14213 M Alvin A. Marks 9037 91.06 Hutch 79 April Marks 30 Wilkes Ave. Buffalo, NY 14215 M Sheneizka L. Martir 9038 98 Emerson 94 Yanira Sosa Rivera 381 Massachusetts Av. Buffalo, NY 14213 F Courtney M. Mound 9039 87.25 Mt. Mercy 27 Carrie Krueger 16 Wheelock Buffalo, NY 14206 Serge I. Muharareni 9040 89.75 Hutch 19 Solange Niyihrha 302 Amherst St. - lower Buffalo, NY 14207 dM Jesse Ketchum Award Winners 2011 -2012 Remi Alize Navy 9041 95 BAVPA BAVPA Denise Hodges 18 Norwalk Ave. Buffalo, NY 14216 F Jeska Perez -Lopez 9042 93 198 198 179 Normal Ave. # 2 Buffalo, NY 14213 F Elizabeth Pogorzelski 9043 97.5 Hutch 81 Frances Zak 71 Tioga St. Buffalo, NY 14216 F Rachel Noel Radecki 9044 95.5 Hutch Tech 43 Stanley Radecki 62 Chauncey St. Buffalo, NY 14206 F Musa Angelo Raqib Jr. 9045 95 Hutch Tech 53 Azzizzizina Wilkins 29 Schreck Ave. Buffalo, NY 14215 M Alexa Rose Reardon 9046 94.13 Olmsted 156 Matthew Reardon 785 Bird Ave. Buffalo, NY 14209 F Ashley E. Rivera 9047 94 BAVPA 33 Pamela Rodriguez 265 Myrtle Ave. Buffalo, NY 14204 F George T. Steele 111 9048 97.5 DaVinci 67 George Steele 167 W.Woodside Ave. Buffalo, NY 14220 M Epiphany Taylor 9049 96 Hutch Tech 89 Rose Woodson 180 Brinkman Ave. Buffalo, NY 14211 F Darren Sloan Thompson 9050 90 St. Joseph's 59 Marcella Worthy-Griffir 720 Lasalle Ave. Buffalo, NY 14215 M David Villalobos 9051 94 DaVlnci 93 Lourdes Soto 205 Maurice St. Buffalo, NY 14210 M Jazmond A. Walker 9052 91 MST 197 Tionnte Walker 223 Minnesota Ave. Buffalo, NY 14215 F Rayshawna R.H. White 9053 89.5 Tapestry Charter 74 Racine White 652 Woodlawn Ave. Buffalo, NY 14211 F Majestee' Ke'chelle Willis 9054 95 DaVinci 68 Elisha M. Boyd 186 Bickford Ave. Buffalo, NY 14215 F Sebastian A. Zmijewski Jr. 9055 95.5 Hutch Tech 43 Sebastian Zmijewski 32 Davey St. Buffalo, NY 14206 M Jesse Ketchum Memorial Fund 2012 -2013 Name on Certificate Med # Average High School Attending 8th Gr. Street Address City /State Gender Zulaikha Abdulhalim 9056 96 DaVinci 198 442 E. Utica St. Buffalo, NY 14208 F Mariam Vanessa AI -Jabi- L6pez 9057 96.995 City Honors City Honors 287 Sterling Avenue Buffalo, NY 14216 F Emmonie Andrews 9058 94.25 City Honors 59 56 Sweet Avenue Buffalo, NY 14212 F Nicholas A. Blatto 9059 96.75 City Honors 156 152 Frontenac Ave. Buffalo, NY 14216 M T'Asianee Brunson 9060 97 Hutch Tech 37 33 Sweeney Ave. Buffalo, NY 14211 F Roxette Burgos 9061 96.75 Hutch Tech 18 472 Niagara St. Buffalo, NY 14201 F Pedro A. Cardona 9062 95.75 City Honors 32 123 Cunard Rd. Apt. #3 Buffalo, NY 14216 M Heavenleigh Cole 9063 91.5 McKinley 79 184 Crowley Ave. Buffalo, NY 14207 F Amber Jean Conti 9064 95.25 City Honors 43 59 Benzinger St. Buffalo, NY 14206 F Olivia Edwin 9065 96 Buffalo Seminary 53 439 Vermont St. Buffalo, NY 14213 F Jaidean Foster 9066 89.5 Early Middle College 39 107 Goemble Avenue Buffalo, NY 14211 F Lauren Nicole Harwell 9067 92 McKinley 80 50 Roosevelt Ave. Buffalo, NY 14215 F Danisha A. Hill 9068 93.38 Hutch Tech 89 205 Northland Ave. Buffalo, NY 14208 F Siro Hser 9069 98 Hutch Tech 6 32 Royal Avenue Buffalo, NY 14207 M Tyler J. Horton 9070 94.5 Health Science 356 Carlton Buffalo, NY 14204 M Amani Jaber 9071 91.6 Hutch Tech 66 221 North Park Ave. Buffalo, NY 14216 F William Kuhns 9072 88 Emerson 74 129 Greene St. - Upper Buffalo, NY 14206 M Lina Ibanez Laboy 9073 95.69 Hutch Tech 3 697 Prospect Ave. Buffalo, NY 14213 F Cody Le G2013 99.65 Bishop Timon 67 265 Woodside Ave. Buffalo, NY 14220 M Olivia Belinda Long 9074 95.5 BAVPA BAVPA 58 St. James Place #2 Buffalo, NY 14222 F Juliannet Maldonado 9075 93 DaVinci 76 507 Niagara St. #21 Buffalo, NY 14201 F Shamso Mgaza 9076 93.75 1 Hutch Tech 30 2339 Main St. 3rd Floor Buffalo, NY 14214 F Aye Aye Moe 9077 93.4 Hutch Tech 95 83 Clay St. Buffalo, NY 14207 F Shwe Pweh Moo 9078 95 South Park H.S. 94 167 East St. Upper Buffalo, NY 14207 M Bisar Nezha J 9079 97 Hutch Tech 19 91 Villa St. Buffalo, NY 14216 M Jesse Ketchum Memorial Fund 2012 -2013 Erica Lynn Nicholson 9080 93.75 DaVind 93 136 N. Legion Drive Buffalo, NY 14210 F Kaitlyn Proudman 9081 88 Hutch Tech 31 107 Crystal Avenue Buffalo, NY 14220 F Matthew A. Rosario 9082 95.5 Hutch Tech 72 360 Ludington St. Buffalo, NY 14206 M Savanna Salter 9083 93.22 1 Hutch Tech 91 1 Norwalk Ave. Buffalo, NY 14216 F Rafeek A. Thomas 9084 96.31 DaVinci 69 419 Cambridge Ave. Buffalo, NY 14215 M Josiah T. Thomas 52013 98 Hutch Tech Enterprise 267 Minnesota Ave. uppi Buffalo, NY 14215 M Rose P. Timm 9085 92 Emerson 27 41 Cantwell Dr. Buffalo, NY 14220 F Lynette Velez 9086 96 DaVinci 81 333 Sanders Rd. Buffalo, NY 14216 F Maggie Kate Zaifert 9087 97 South Park H.S. 1 33127 Troupe Street IBuffalo, NY 14210 0004 BOARD OF EDUCATION e Ll sC 65 Niagara Square • Room 801 City Hall o _ Buffalo, New York 14202 Phone: (716) 816 -3570 • Fax: (716) 651 -3937 k. BOARD OF EDUCATION MEMBERS ete ° " DR. BARBARA A. NEVERGOLD . - President DR. PAMELA C. BROWN MRS. SHARON M. BELTON- COTTMAN Superintendent DR. THERESA A. HARRIS -TIGG Vice- President- Student Achievement MRS. FLORENCE D. JOHNSON MRS. MARY RUTH KAPSIAK MR. JOHN B. LICATA MR. JASON M. McCARTHY Vice-President-Executive Affairs MR. CARL P. PALADINO MR. JAMES M. SAMPSON December 18, 2013 Councilmember Demone Smith 1414 City Hall Buffalo, New York 14202 Dear Councilmen Smith: Pursuant to a request by the Board of Education in 2012 and recently revisited during our brief conversation today, I am requesting that the Common Council consider the issue of proposing an increase in the stipend that Board of Education Members currently receive. The current stipend was established in the 1970's. Thank you for considering this request. I would be happy to respond to any questions you may have. Yours Very Truly, Dr. Barbara Nevergold President cc: Board Members REFERRED TO CORPORATION COUNSEL. COUNCIL PRESIDENT. MAYOR AND COMPTROLLER `Putting :children and families first to ensure high academic achievement for all. " Site Name: 1050 -1088 Niagara Street Site December 2013 DEC Site #: C915277 Site Address: 1050 -1088 Niagara Street; Buffalo, NY 14213 Have questions? See Website: htip://www.dee.ny.aov/chemical/94915.html Who to Contact below 11050 -1088 [Niagara Street: Documents Available for Comment The public is invited to comment on a draft site investigation and interim remedial measure work plan being reviewed by New York State Department of Environmental Conservation (DEC) to investigate the 1050 -1088 Niagara Street Site ( "site ") located at 1050 -1088 Niagara Street, Buffalo, Erie County. Please see the map for the site location. Documents related to the investigation and cleanup of this site can be found at the locations identified below under Where to Find Information. DEC is conducting a public comment period because this Interim Remedial Measure (IRM) is likely to represent a significant part of the cleanup for this site. Work Plan The draft investigation work plan, called a "Remedial Investigation Work Plan," was submitted to DEC under New York's Brownfield Cleanup Program. The investigation will be performed by 9271 Group, LLC ( "applicant(s) ") with oversight by DEC and the New York State Department of Health (DOH). The proposed IRM for the site is being proposed to address some or all of the environmental conditions at the site. An IRM is a cleanup activity that may be performed when a source of contamination or exposure pathway (the way in which a person may contact contamination) can be effectively addressed without extensive investigation and evaluation. The draft IRM work plan describes the proposed cleanup activities that include: • Removal of underground storage tanks and hydraulic Iifts; • Excavation of petroleum impacted soil /fill; • Removal of semi - volatile organic compound and metals impacted soil near SB -3; and • Implementation of a site fill management plan during remedial and redevelopment activities. How to Comment DEC is accepting written comments about the draft investigation work plan for 30 days, from December 17, 2013 through January 18, 2014. The proposed plan is available for review at the locations identified below under Where to Find Information. Please submit comments to the DEC project manager Iisted under Project Related Questions in the Who to Contact area below. Highlights of the Proposed Site Investigation The investigation will define the nature and extent of contamination in soil, surface water, groundwater and any other parts of the environment that may be affected. `r Aak 00041-7 , New York State Department of Environmental Conservation Next Steps DEC will consider public comments, revise the plan as necessary, and approve the work plan. DOH must concur with the plan. The approved work plan will be made available to the public (see Where to Find Information below). After the work plan is approved, the activities detailed in the work plan will be implemented. When the investigation is completed, a report will be prepared and submitted to DEC that summarizes the results. DEC will review the report, make any necessary revisions and, if appropriate, approve the report. After the investigation and implementation of the R M, a cleanup plan, called a "Remedial Work Plan" will be developed and a Decision Document will be proposed. The cleanup plan will include an evaluation of the proposed site remedy, or recommend a no action or no further action alternative. The goal of the cleanup plan is to ensure the protection of public health and the environment. DEC will present the proposed cleanup plan to the public for its review and comment during a 45 -day comment period. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The 1050 -1088 Niagara Street Site is located in the City of Buffalo, Erie County. The site is comprised of three adjoining parcels and is approximately 2.7 acres in size. The parcels are 1050 Niagara Street, 1054 Niagara Street and 1088 Niagara Street. Site Features: The site is bounded by Albany Street to the north with commercial properties beyond; commercial manufacturing facility to the south; Niagara Street and residential properties beyond to the east; and railroad tracks, NYS 1 -190, and the Niagara River to the west. Current Zoning/Uses: The site is currently zoned M1 Light Industrial, but is used for commercial use. The site use is mainly intended for commercial use. Historic Uses: The 1050 Niagara Street parcel has a long history of being utilized for commercial /industrial operations since at least 1889. The Niagara Lithograph Company (current on -site building) operated a commercial printing company from approximately 1930 through 1990. The Miken Companies, also a commercial printing company, was located on -site until about 2000. Historic Sanborn records indicate that two 25,000 gallon tanks, likely containing fuel oil and/or printing related solvents were located in the basement of the building. Lithographic printing operation historically utilized VOC -based solvent routinely for printing cleaning, degreasing and ink- solvents. The 1088 Niagara Street parcel (northern portion of the site) formerly included the International Brewing Company and American Gelatine Corp. operated on -site in the early 1900s. Records from 1925 indicate Hygrade Oil Co. utilized the site as a service station and fuel distribution facility, including multiple petroleum storage and distribution tanks, gasoline pump house(s), and tank wagon loading house, which was historically located abutting the current 1050 Niagara Street building, from at least the 1920s through the 1960s. Gulf Oil Corporation and Hygrade Petroleum Co. were identified as on -site operators from approximately the 1920s through 1960. Geology & Hydrogeology: The surface soils on the site is characterized as Urban Land, consisting of level to gently sloping land with 80 percent or more of the soil surface covered by asphalt concrete, buildings, or other impervious structures typical of an urban environment. Mapping of the surface soils in the vicinity of the site, based on the USDA soil survey, indicates the surficial geology of the area consists of various loams, with slopes typically ranging from 0 -6 %. The subsurface soil/fill can generally be described as sandy lean clay with varying amounts and depths of fill material (i.e., brick, concrete). Additional site details, including environmental and health assessment summaries, are available on DEC's website at littp: /hN.wNv.dec.ny.gov /chemical /94915.htna_l and http: l /www. dec. U. Rov/ cfmx/ extgpps/ derextemal /ha.z /details.c;fm ?pageid-3 &pro& o= C915277 Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http://www.dee.ny.jzov/elicmical/8450.litinf Site Location Where to Find Information Public interest in this project is valued and appreciated. Project documents are available at the following location to help the public stay informed. You may also view electronic versions of project documents by visiting this brownfield site's website at http: / /www.dec,ny.gov /chemical /94915.htmi Large documents may be abbreviated to meet DEC's file size requirements for posting to the website. Hard copies of full project documents are available at the listed locations. NYS DEC Region 9 Office Buffalo & Erie County Public Library 270 Michigan Avenue Attn: Kathy Galvin Buffalo, New York 14203 Niagara Branch 716 -851 -7220 280 Porter Avenue (Call for appointment) Buffalo, NY 14201 716 -882 -1537 Who. to Contact Comments and cmestions are always welcome and should be directed as follows: Project Related Questions Eugene Melnyk NYS DEC, Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 716- 851 -7220 ewmelnvk(i� gw.dec.state.n_y.tis Site- Related Health Ouestions: Nathan Freeman NYS DOH Empire State Plaza, Corning Tower, Rm, 1787 Albany, NY 12237 518 -402 -7860 BEEI(a�health.state.ny.Lis For More Information We encourage you to share this fact sheet with neighbors and tenants, k. and /or post this fact sheet in a prominent area of your building for others to see. *Receive Site Fact Sheets by Email Have site information such as this fact sheet sent right to your email inbox. DEC invites you to sign up with one or more contaminated sites county email listservs available at the following web page: httn:// www. dee .ny.�,,ovichemical /61092.litml It's quick, it's free, and it will help keep you better informed. Note: Please disregard if you already have signed up and received this fact sheet electronically. R E CEIVED ARID FI 5 PETITIONS December 23, 2013 00048 1 p P. Scholl, Agent, Use 2190 South Park to Add a Take Out Restaurant to a Custard Stand(South)(hrg 12131) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK r( GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308,CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: 01 �qn 50_J�_k � r 1�1, To be held in the Council Chamber, 13 Floor, City Hall On: At 2:00 pm I am also informed that this is the only notice that the petitioner and or owner will receive, and that if am not the owner or-petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed Print N Date ( 2 /`"I u ATTENTION m q. o 1 CONTACT THE PLANNING BOARD, 851 -50$5 FOR PLANNING BOARD TIME ON j .— CONTACT THE COUNCILMEMBER IN YOUR DISTRICT C' �P (O re. ^ 7C. &V­\ t40 City of Buffalo 65 Niaga,a Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 12/09/2013 10:53 AM A/P # 203836 Submitted By FLD USE Building Application Page 1 x ;.•., y F:., r 'Lr;? =.,, i,.. i M' ar9 -w r :� r :, {. + ?',k ° -xi? t 't 9 <, Fk Ax:t r a:•r ,� t f...l , r.q r },.11,ts t:a'.a t a fir" r F � - F rE .: .. •s ,. A ID } I •• ` i n - `'S•.r ,,•'•; �7.. i _ s + si..:# tf r j spy? t1f tflt'1' �'}t '} •X r i� `r4s';,': Mid - 'I _ . # , a.�.,.,.... -: a.7 '? "9 ., h} r a... a .. xtr H I..w k� ,3 II`i' r -' ". ,ra - � ..,,;;yy -i fl- t�- '.,"'"• ?ifi'. 1. +. �r Date / Time By Date / Time By Processed 12/05/2013 13:46 CASTM Temp COO Issued 12105/2013 1 3:58 CBRYANT COO Final Expires Assuc iated IatQrmat1Dn V aluation I Type of Work # Plans 0 Declared Valuation 8000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name De,qcJpt of W ork ** *Council Approval required * * ** Alter use of a Custard Stand to include a restaurant (take -out only) in the South Park Business District. Commercial kitchen to be installed under seperate perrnit. *restricted use public hearing required* Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description ''* :s3:e:ll d l r , 1. ,. ., i L - {'1 1� ..: k . rIAs::7 4 A &lWi�ln u ^ "�� Address 2190 SOUTH PARK BUFFALO NY 14220 - Location ' „• 007`1 { 1 15. i. r # ,t k.. ° t` \^ .,r Contact ID AC103584 Name WOLASZ MICHAEL & RENE Mailing Address 53 HUNTLEY RD Organization City BUFFALO State /Province NY ZIP /PC 14215 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/2812000 To 05/06/2007 Contact ID AC1196902 Name WOLASZ MICHAEL & RENE Mailing Address Organization City 26 CHAMBERLIN DR State /Province WEST SENECA NY ZIP /PC 14210 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06125/2002 To 05/06/2007 Contact ID AC269091 Name WOLASZ MICHAEL & RENE Mailing Address 174 LONG AVE Organization City HAMBURG. State /Province NY ZIP /PC 14075 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From To p Wi tt y �i} l Y"' �t� .�� � �1l. Y: ?F '4 No Addresses are finked to this Application City of Buffalo USE Building Application 65 Niagava Square Buffalo, NY 14202 b (716)851 -4949 Fax(716)851 -5472 Report Date 12/09/2013 1 0:53 AM Submitted By FLD Page 3 Myy.',.:: .x� , _Jp: 'i+' } - - F -il h WTI,'" kJ r ...: .M .:"yi:. f»a %!9fi ],'�E: " L } _ �'x:?s -�.- . {� �i4:v.. _ r I I�cr..;i I `� a. ' �,'x'. �k �.r.. � }:��.'a �,�fF {P;_ � �F,.� .`. �' � �"; ~t i 'r . i .., i >t � I f 1§;.IN {. �,�j n h�` .4: - {��t••r�.. 5z�,. �� ��,•, ql, I rr -s" _� �!_�,x ° 13•I j sk �r �d>k ' xM n }I r �" t' : '. ,. r, '! . "�"FLf r ,ILt s .."� - �i. ;sl ly €k r; , Inspection # 9968024 Inspection Type COFO If 1 Assigned To Call Inspected By Order /Group 2 Scheduled Preference started Completed Status Ne Action Waived ❑ Comments Inspection Details No Inspection Details inspection # 9968023 Inspection Type FINAL # 1 Assigned To Call inspected By OrderlGroup 0 Scheduled Preference Started Completed Status No Action Waived ❑ Comments Inspection Details No Inspection Details Inspection # 9968022 Inspection Type ROUGH # I Assigned To Call Inspected By OrderlGroup 0 Scheduled Preference Started Completed Status No Action Waived ❑ Comments Inspection Details No Inspection Details F h f aI �: E,,:i, ,14 �.,: i ia.= r • ,� �k �F f �xi� 640879 CC APP 1 Incomplete ❑ 12/06/2013 09:53 12/06/2013 09:53 .'.::J;y:, ,, .t..t Jn kls No Activity Review Details �r 4 Ir } No Conditions w" �f3 i ?sr El l 44II v d L; ,, [ p g d 13 y 'i . h tk %�, r xis;. �: i. 3t£',i"Yi �T I f X3 � t aLzs'_, ,il 1 Ot F e' There is no planning condition for this project. b fl}I�7 �Sti�_ k s i 'P IS ' r RAVI ... s {� d No Records for This Search Criteria 000 4 1 ) N. Alhomski, Owner, Use 502 Elmwood to Re- Establish a Restaurant in the Elmwood Ave Business Distriet(Nia)(Hrg 12/3 1) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 4a­__ OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CAS €RO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics t ff 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE, (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: - E5 U�6� �._ au- W4 To be held in the Council Chamber, 13 Floor, City Hall On: At 2:00 pm I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above, Sig Print Name " 'OL C..r � �_ t - Phone # _ N .5 Date m/ 13 / 13 ATTENTION CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD TIME ON --% CONTACT THE COUNCILMEMBER IN YOUR DISTRICT` LXVAA.i­ JS'� C"� IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED City of Buffalo ,., ���(G `?� C USE Building Application 65JViagara Square Buffalo, N`! 14202 (7. 16)851 -4949 Fax (716)851- 5472�� Report Date 1 211 3/2 01 3 04:18 PM Submitted By DAVID GRUNDY Page 1 Alp # 204052 Processed Issued Final Date 1 Time By Temp COO COO Expires Date I Time By Associated Information - Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Dame Dear,ription of Work a § NCIL APPROVAL_REQUIRED SECT ION 511- 55 H __ PUBLIC HE O ARING REQUIRED, FEE REQUIRED. TO A RESTRICTED ONYI�AO,N COU RESTAURANT USE WITH A NEW APPLICANT IN THE ELMWOOD AVENUE BUSINESS DISTRICT. Parent Alp # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 502 ELMWOOD BUFFALO NY 14222- Location Contact ID AC208889 Name 1256 HERTEL AVENUE Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST State /Province NY ZIPIPC 14226 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 07/2212002 To Contact ID AC1263650 Name ASSOCIATES LLC 1256 HERTEL AVENUE Mailing Address Organization City 773 NIAGARA FALLS BLVD State /Province AMHERST NY ZIPIPC 14226 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 0212212005 To 05106/2007 Contact ID AC287527 Name ASSOCIATES LLC Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST StatelProvince NY ZIPIPC 14226 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 07122/2002 To ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo USE Building Application 65.Niagara Square Buffalo, NY 14202 (.16)851 -4949 Fax(716)851 -5472 �f Report Date 12/13/2013 04:18 PM Submitted By DAVID GRUNDY Page 3 000~ S. Mucino, Owner, Use 765 Elmwood to Open an Existing Restaurant in the Elmwood Ave Special Zoning District(DeI)(Hrg 12/3 1) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 8514845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13 "' Floor, ` "tv Hall On: C:e�V'e C { � t C 0 3 At 2:00 pm I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. M0c,I C) Signed & e do (Age ,Owner Print Name � r 1 ^ G- cf h Phone # / 1_ Date �� 1 ATTENTION P F. 3014 / CONTACT THE PLANNING BOARD, 551 -50$5 FOR PLANNING BOAR TIME ON CONTACT THE COUNCILMEMBER IN YOUR DISTRICT .L r`. 'City o f Buffalo 65 Niagara Square 11 Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 I Report Date 12/18/2013 03:10 PM Submitted By FLD Page 1 A/P # ' 204167 Staos Date / Time By Date / Time By Processed 12/18/2013 15:08 DIGEF Temp COO Issued COO Final Expires Associated informati n Type of Work # Plans 0 Dept of Commerce # Pages 0 Priority ® Auto Reviews Bill Group FLAT Squar Footage 0.00 Name Valuati Declared Valuation 0.00 Calculated Valuation 0.00 Actual Valuation 0.00 D Work — COMMON COUNCILAPPROVALIPUBLIC HEARING REQUIRED 511- 56D.(1) TO OPEN AN EXISTING RESTAURANT IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT UNDER NEW MANAGEMENT. NO STRUCURAL OR PHYSICAL CHANGES. GC Building Application ParentA/P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 765 ELMWOOD BUFFALO NY 14222 - Location Contact ID AC1248770 Name 765 ELMWOOD AVENUE L.P. Mailing Address Organization City 4053 MAPLE RD StatelProvince AMHERST NY ZIP/PC 14226 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact 1D AC234395 Name 765 ELMWOOD AVENUE L.P. Mailing Address 4053 MAPLE RD Organization City AMHERST StatelProvince NY ZIP/PC 14226 Country USA Day Phone (315)560 -3837 x Evening Phone Fax Mobile # Occupant N From To Owner Y From To Contact ID AC51385 Name 765 ELMWOOD AVENUE L.P. Mailing Address Organization City 4053 MAPLE RD StatelProvince AMHERST NY ZIP/PC 14226 Country Day Phone Evening Phone Fax Mobile # Occupant N . From To Owner Y From 0512812000 To 05106/2007 ❑ Foreign ❑ Foreign ❑ Foreign No Addresses are linked to this Application city of Buffalo 85 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 GC Building Application Report Date 12/18/2013 03:10 PM Submitted By FLD Page 3 There are no Inspections for this Report 641943 ELMWOOD 1 Approved Cl 641944 ELEVATORS 1 Incomplete NO ELEVATOR WORK 12/181201315:08 121181201315:09 121181201315:09 DIGEF 12/18/2013 15:08 No Activity Review Details No Conditions There is no planning condition for this project. No Records for This Search Criteria 0 No. of Residential Units Lost Residential I] Work Without Permit (FINE) Debris: 0 No. of Residential Units Added Q Commercial Q Work Done by Owner ❑ Truss Construction ELEVATORS ❑ Zoning Board of Appeals You must fill out the custom form on activity detail if there is ELEVATOR work to be Building Construction: completed. There are no items in this list There are no Items in this list No Employee Entries No Log Entries S _z. Icrcun y 5 y 2 i LL SC iG � x (3FNFG0.1 N,1FF0 omrX: aswXEa O a4- DID OD - a& 1 ]CM: a9p 19 OEfENloso to 0.S 4a551AEa IL4 TOwE x /� �° M11N11 u' xel xA.lt R1ERaltaa r° 0.E CJfSIpC ME xm M FlOCi PWI! FON f1a0a xrsuwuxcE RTE w,P / { p CmYIYNIir -PSxEI XW6ER ,SeR 0 OOIi C 1YI�IN FEY4TA MR CF AVXVSr i3. iae9 m • asruc m F AxOf� zwE �+�'a E lon¢Etr,c m qcp Ix�\ S _z. . y 5 y 2 i LL SC iG � x (3FNFG0.1 N,1FF0 omrX: aswXEa O a4- DID r a& 1 ]CM: a9p 19 OEfENloso to 0.S 4a551AEa IL4 TOwE x /� �° M11N11 u' xel xA.lt R1ERaltaa r° 0.E CJfSIpC ME xm M FlOCi PWI! FON f1a0a xrsuwuxcE RTE w,P / { p CmYIYNIir -PSxEI XW6ER ,SeR 0 OOIi C 1YI�IN FEY4TA MR CF AVXVSr i3. iae9 i y :nlnrlY'�.t V r_ ]0,00' C , Hv I tiix� I I it I CLEVELAND AVENUE (BB' WIDE) scxeoul.E a alun ac c wFVrp nesEa+Ar+x+ InIF xa ®ia.aema, rnr aF aurFJ%o. couxo o�F e sugE oe rtir mve afar° Pun ot• un ua el. rowuxlP II um w.xc a eF r,e ,snuno xum rauEJexr's wmar. eou,am Pao ®n ®w raiaxs T M FOXir CF IMEfeeclun I,e 4 4F [N.IXtlaa ayEw1E, >6 NCI! lM CC[. M F[er Yr:CE YrtN SxE X00.111 IIIS K C)flgMa MRY1C XIMNN] arENIIE iS — K6TY 11nHCE xaaalEtRY ,,,ypFMklEL aver xvoo [asr ,0.r[ a —D wnwx ioao Fm x +ICHC[ Ol.' ' Pao PJaxJxa mA sam lunrx IAYF 0.6 C£Wlai aVaxCE M r[Rr, RaNJYlC ]IRx� Y iwPS�wi Il�i.w � n A s o�urt ieae. �xgr�wo our, ee f w�N,�o ur sF� rvaX' a `. q XE P Awean wm srla esr uxE a nJnNOa uPUUc uxmle rx [ wtsrenXr w . xmPaoxr laa I.n xcEr ro eoa �r rxari I wml SWiXE %r J DIIG a 5N6�F.�tg x e 11 V EJMt G epEr N illE PGNf 0.A PvCE nF e[CMIMF s I SUH92ULE B F GFAam FJdralEer WaE 0.i PEIFa Sdxal CC. - 0.,C la !e1°Iax X0.111'11 PCWEi NFFiG1OX JUIX u. 1985 IXX AFIDxifa J,µY ii. 190.0. IN IeXx 9frC or OErAE ax pyJi; 4yx . y 5 y 2 i LL SC iG � x (3FNFG0.1 N,1FF0 omrX: aswXEa O a4- DID i- wmcX. aTUP: J:a�lum a& 1 ]CM: a9p 19 OEfENloso to 0.S 4a551AEa IL4 TOwE x /� �° M11N11 u' xel xA.lt R1ERaltaa r° 0.E CJfSIpC ME xm M FlOCi PWI! FON f1a0a xrsuwuxcE RTE w,P / { p CmYIYNIir -PSxEI XW6ER ,SeR 0 OOIi C 1YI�IN FEY4TA MR CF AVXVSr i3. iae9 � �y 3 • asruc m F AxOf� zwE �+�'a E lon¢Etr,c m qcp Ix�\ 0. XC rC1E ixFOiXap;l PIgNCFa ECi �@. eaum a+ FaP < WPHIxe IseJ ,o°u -x- xW U_ �O � nx.eP x.uy ma w. ,ma or °Xt axe u. r.. =..dw n a xxwe .Z . A Lu 0.E � - kM tlW an tyney ..fib 0.q cGNNad yy 1 I Lew R-a� x{xArI.0. M1n7. r�4. 1; a�lofxl. �e e�, 0, ,� t.. l o-aa°rlin r�u. a v aaemlx�°iwtr IbPS 9na to Nlxn m txs wmxrawry `maw y � � cmlmq� Nb aptl erNx. °J rwd' Coa. nn xwwe anal Mk0 0 910.[0. mwX. H a. n al ; 01 a:wl I of I 0005 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen DATE: December 18, 2013 RE: Mortimer Street Sidewalks 1 would like to file the attached information for the next Common Council meeting to be held on December 24, 2013. Th You,,, 4 / ~ Darius G. Pridgen Ellicott District Council Member 1-e Tucker,Deborah E. PEEMMMM From: Victoria Dent <vdent @roadrunner.com> Sent: Monday, December 02, 2013 8:40 PM To: Councilmember Pridgen - Ellicott Cc: Shaw,Vernee; Tucker,Deborah E. Subject: Mortimer Street Sidewalks Dear Councilmember Pridgen: On behalf of the Mortimer - Spring Block Association, I would like to formally request that you file for full sidewalks on Mortimer Street between Broadway and Hollister. Currently tax paying and voting residents are forced to walk in the street, which is a major safety issue. I have sent this request on several occasions and always told, we were on the list. It's been over 15 years and no sidewalks. We appreciate your help with this matter and sending you a thank you in advance. Respectfully, Victoria Dent Mortimer- Spring Block Association President REFERRED TO THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS 1 0005 S. Shafie, Agent, Use 1094 Broadway aka 1100 Broadway - Replace Existing Box on Pole Sign and Add Led Sign(Fi1I)(no hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD c� " 2r� 2yd��y0 De icia2vee it�-e NAME C} AGENT WNER /PHONE# V ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. * MESSAGE TO APPLICANT: PLEASE CONTACT THE CITY PLANNING BOARD (851 -5085) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. �, iv%- Ar , , ,, bog -f' 4 �,o wr• I I� - tl 4l 9-`013 �w, City of Buffalo R"` [ - 3 D SIGNS Building Application fi-5 Niagara'Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 1~ x Report Date 12/12/2013 01:07 PM Submitted By DAVID GRUNDY Page 1 AIP # 204028 FIN ire F�. y} �" � ii fad._ �.;Sg't �;���.a�r%x - i °t;. �r ° ° 1 r - ,.�5 C €! 4�;kV _� _ a { ��� ��. x:. f ..,� �, rw... 4 , l.,r,.- stages .. Date I Time By Date 1 Time By Processed Temp COO Issued COO Final Expires Associated Information Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name Description of Work COM(VION COUNCIL:APPROVAL REQUIRED, SECTION 38.7- FOR ENLAf�GING A,FREESTANDING SIGN, NO HEARING AND NO FEE' R SQUIRED. A(2). REPLACE EXISTING BOX ON POLE SIGN AND ADD BACK -TO -BACK L.E.D. SIGN BOXES, USED PER 511- -104 A 2 . Parent AIP # Project # ProjectlPhase Name Phase # Size /Area Size Description III - �" - pa��,s . : • ti a �7__ji £� aril: F l $, _,: : _E � �. ;.< � Address 1094 BROADWAY BUFFALO NY 14212 - Location AKA 1100 BROADWAY Contact ID AC 1178380 Name PARTNERSHIP COLUMBIA BUFFALO LIMITED Mailing Address %INSITE REAL ESTATE DEV Organization COUMBIA BUFFALOPARTNERSHIP City P.O. BOX 4900 State /Province SCOTTSDALE AZ ZIP/PC 85261 -4900 Country USA ❑ Foreign Day Phone (716)818 -2679 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 0612512002 To 05/06/2007 Contact ID AC86044 Name PARTNERSHIP COLUMBIA BUFFALO LIMITED Mailing Address %INSITE REAL ESTATE DEV Organization City 1603 SIXTEENTH ST State /Province OAK BROOK IL ZIP/PC 60521 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC369840 Name SALEH MOHAMED Mailing Address 1531 E DELEVAN Organization City BUFFALO State /Province NY ZIPIPC 14215 Country USA E) Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 12/0912011 To City of Buffalo SIGNS Building Application B5 Niagara Square Buf#alo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 12/12/2013 01:07 PM Submitted By DAVID GRUNDY Page 3 I V � ff 'RIESTIGE BEAUTY SU"PPLIES FRAIR * VVI GS Sign Elevation Pesign Wind Load, 90 mph 0 3 sec peak gust DeS79a Snow Lead 50 IWO. 0001,E F. Lazarus, Agent, Use 1738 Elmwood for A billboard Sign WILED (No hrg)(North) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 1�4� �l �, -90q-� 3 55 ��Gt L - c, 2A.r�S NAME OF AGENT/O NER /PHONE# ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT THE CITY PLANNING BOARD (851 -5085) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. Citye8uffalo SIGNS Building Application '65 Niagara Square Buf€alo,.NY•14202 (716)851 -4949 Fax (716)851 -5472 Report Date 12/20/2013 01:56 PM Submitted By FLD Page 1 A/P # 204267 A 1 _ 1 r jj..fl r ,., Il I F City ofBuftalo SIGNS Building Application 65 Niagara Square Buffalo, NY .14202 (746)851-4949 Fax (716)851-5472 Report Date 12/20/2013 01:56 PM Submitted By FLD Page 3 r m ,err 71 �� 14 i, tr .t'.0 -�'',t �kl - }:ry. �. 5 `�' -C ,.; tt d � :r . F "�' S", 73.� -: i � gib` - � TIR i 642138 PLAN REV 1 Incomplete ❑ 12/2012013 13:55 642139 CC APP 1 Incomplete ❑ 1212012013 13:55 Detail I PRIOR REQUIRED APPROVALS Modified By digef ModffledDatelTime 1 2/20/201 3 13:55 Comments No Comments PRIOR APPROVALS Bfio Arts Commission City Survey (con't) ❑ Arts Comm. Approval E) Subdivisions Permit Office Asbestos Abatement [I Asbestos Survey ❑ Special events Bond/Certified check ❑ Assessment Combination Common Council ❑ First insurances Check City Engineering Q Admin OfficelApts R4 ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy/Marquee ROW Lease showing Use encroachment ❑ RodentlVermin Bait ❑ Oversize Trucking Z Freestanding Sign 0 Sewer Retention ❑ Sewer/Water Cut ❑ Plumbers' Cuts. ❑Human Service Facility ❑ Simple Demolition El Telecommunication ❑ Street Cuts Portable Sign in ROW [I Simple Plan Approval Restricted use Permit 0 Tree over 4" at 4' City Planning Other El Zoning/Use Check [) Citywide Site Plan 0 Thruway Sign approval ❑ Subdivisions Environmental Review Preservation Board ❑ Zoning Variance ❑ Urban Renewal S.E.Q.R.A. ❑ Preservation District ❑ N.E.P.A. F) Contiguous Check City Survey ❑ Address Permit Law Office Water Department DDevelopment ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By digef Modified Date/Time 12120120113 13:55 Comments No Comments PLAN REVIEWS Plans Review Required Revisions Required ❑ Simple Plan Review by Permit Office ❑ Revisions Required for Simple Plans ❑ One- and Two-Family Nan Review ❑ Revisions Req'd for 1- and 2-Family ❑ Multiple Dwellings Plan Review ❑ Revisions Req'd for Mult. Dwellings Building Code Review ❑ Revisions Req'd. for Bldg Code Rev, ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site ❑ Sewer Code Review ❑ Revisions Required for Sewer Plans ❑ Plumbing Code Review ❑ Revisions Required for Plumbing ❑ Electrical Code Review ❑ Revisions Required for Electrical ❑ HVAC (Mechanical) Code Review ❑ Revisions Required for HVAC/Mech. ❑ Elevator Code Review ❑ Revisions Required for Elevators ❑ Fire Code Review ❑ Revisions Required for Fire Bureau TM P7 �. i. 1 47 d��l� CONCRETE BLOCK 40 WN W[W FOj.D PPE— mlw.l.JN 286.57' MLITY ME M .... ... MUrf POLE I.Ek 10 117 STONE 76r. Z5 & II1.0m.05c, BRICK BUILDING —.1-1 �.. m, I BRICK BUIWING METAL MM BUILOiNG CONCRETE BLOCK ING BUILDING BRICK WILD UT ILITY POLE FENCE 5 -,.-Ll �J�E NOW OR FORMERLY ERIE-LACKMMN* " O N W.� E 5 .1�� 1� k Regular Committees Y J CIVIL SERVICE (Bonnie E. Russell, Chairperson) City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 54 PASSED December 23, 2013 Appoint Park Utility Worker(Prov)(Fenney)(PW) Gerald A Chwalinski City Clerk i Cn Cq co 0000: �� Appoint Park Utility Worker (Prov)(13th Step)(Fenney)(PW) (ccp# 30, 12/10) Mrs. Russell moved That Communication 30 of December 10, 2013, be received and Filed and that the Provisional appointment of Patrick Fenney, 146 Dorrance, Buffalo, NY 14218 at the Thirteenth step of $25,100.00 is hereby approved PASSED AYES-9 NOES-0 /3 Recommended by the Committee on Civil Service 6' *A-YE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRID GEN RiVERA RUSSELL SCANLON SMITH [----- ----- - - -� [ MAJ - 5) * (� [213 -6] [3/4 -7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 55 PASSED December 23, 2013 Appoint Administrative Assistant (Perm)(Max)(Kirker)(Pkg) Gerald A Chwalinski City Clerk c; r - m .Fv 00055 1 ,1 Appoint Administrative Assistant (Perm)(Max)(Kirker)(Parking) (ccp# 32,12110) Mrs. Russell moved That Communication 32 of December 10, 2013, be received and Filed and that the Permanent appointment of Heidi L. Kirker, 351 Potters Road, Buffalo, Ny 14220 at the Maximum Salary of 45,613.00 is hereby approved PASSED AYES - 9 NOES - 0 n Recommended by the Committee on Civil Service od M� *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN * RIVERA RUSSELL SCANLON SNRTH [--- -- ---- - - - -] [MA7- 5] [213 - b] [314 - 7] - 0001r Notices of Appointments - Temp /Prov/Perm ccp# 40, 12/10 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 3 COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 57 Mobile Food Truck -2614 Main (Mas)(EDPI) PASSED December 23, 2013 Gerald A Chwalinski City Clerk N C r- � r "f (V GIl co JAN 0 6-2014 000' Mobile Food Truck — 2614 Main Street (Ell) (DPIS) (Item No. 66, C.C.P., Dec. 10, 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 pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Khondoker Karim of 2614 Main Street, Buffalo, New York dlbla Street Caf6 and Halal Food Truck is hereby approved. PASSED C'ADocuments and SettingsNclehnerSLacal SettingsUemporary Internet FilesIOLKIDSMahile Faod Truck -2614 Main St.dou ly *A_YE* NO FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SNHTH [-------- - - - - -] � [ MAJ - 5 ] [213 - b] [314 - 7] 000�,-)(I P� Amendment to 2013 -14 Annual Action Plan and PT Annual Action Plans -CDBG and ESG Programs and Amendments to City /BL RA Agreements Related to Those Grants(Strat Plan) ccp# 16,11/26 Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Community Development City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 59 PASSED December 23, 2013 J. Abulmaj id, Owner, Use 900 Kensington for Eating and Drinking Establishments In the Kensington/Bailey Bus Distriet(hrg 12117) Gerald A Chwalinski City Clerk M� 1 o 0005 J. Abulmajid, Owner, Use 900 Kensington for Eating and Drinking Establishment in the Kensington/Bailey Business District (Univ)(DPIS) (Item No. 54, C.C.P., Dec. 10, 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 J. Abulmajid, Owner to use 900 Kensington for an eating and drinking establishment in the Kensington/Bailey Business district. PASSED Recommended by the Committee on Legislation C:Wl meats and SetdngsWehuerLl d SettingslTemporary Internet FiteAOLKIDThangeuse 900 Keasington.docx *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -I [ MAJ - 5 * (� [213 - 61 [314 - 71 LEGISLATION (Darius G. Pridgen, Chairman) City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 60 PASSED December 23, 2013 M Chelley, Owner, Use 1238 Hertel to Re -Open Existing Restaurant in the Hertel Ave Special Zoning District (hrg 12117) Gerald A Chwalinski City Clerk JAN 0 2014 TI CA C7 r 000' M. Chelley, Owner, to Use 1238 Hertel to Reopen Existing Restaurant in the Hertel Avenue Special Zoning District (Del)(DPIS) (Item No. 55, C.C.P., Dec. 10, 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 M. Chelley, Owner, of 1238 Hertel Avenue to reopen an existing restaurant in the Hertel Avenue Special Zoning District. PASSED L Recommended by the Committee on Legislation Chairman C.Mmuments and Setwg clelme6Lcml SeltingsMmpomry Intemel Files50LK1D5Reopen mstamant 1238 Hextel.docx m -7 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMUTH [-------- - - - - -] [MAJ- S] * (. [213 - 6] [314 - 7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED December 23, 2013 C. McCaffrey, Agent, Use 301 Franklin for a Projecting Sign Over City ROW (hrg 12117) Gerald A Chwalinski City Clerk i t R n� j 4r { t=.1 01 co I JAN 0 6 2014 I 00061 C. McCaffrey, Agent, Use 301 Franklin for a Projecting Sign Over City Right -of -Way (Ell) (DPIS) (Item No. 56, C.C.P., Dec. 10, 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 pursuant to Section 511 -63(4) of the City Charter, the application of C. McCaffrey, Agent, to erect a projecting sign over a City right -of -way to the front of a one -story masonry restaurant at 301 Franklin is hereby approved. PASSED Recommended by the Committee on Legislation CMocuments and S.1f pM.LneiUml Sc1tingff=po y W-1 Fd1e OLKlLLFrocl Sip -701 F—ddi -1— *A NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SNETH [--- - - - - -- - - - -] � [MAJ- 5] * [2/3 -6] q*o * [3/4 - 71 City Clerk's Department BUFFALO December 27, 2013 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 62 PASSED December 23, 2013 J. Smith - Owner, Use 739 Elmwood to Re- Establish an Existing Restaurant in the Elmwood Ave Business District (hrg 12117) Gerald A Chwalinski City Clerk JAN 0 2014 000690 , J. Smith, Owner, to Use 739 Elmwood to Reestablish an Existing Restaurant in the Elmwood Avenue Business District (Del)(DPIS) (Item No. 57, C.C.P., Dec. 10, 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 J. Smith, Owner, of 739 Elmwood Avenue to reestablish an existing restaurant for a new lease in the Elmwood Avenue Business District. PASSED Recommended by the Committee on Legislation C:MOCa ws snd Seningsiclehnerll.ocal SetdROTempomry Inlemet FilesIOLKIDS Ze Wblish restaurant 739 Elmwwd.dmx *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK * '� LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH * [-------- - - - - -] [MAJ- S] [213 - 6] [3I4 - 71 00063 Report of Sale — 3074 Bailey (Masten)(Strat Plan) (Item No. 4, C.C.P., Dec. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That th fer from Willia adino, on beh JP Group LL , 245 in treet, Buffalo/transfer New o 14203, in th amo nt of Three dr d Dollar ($3 (0.00) fo the urchase of 30, b and hereby . acce ed; and e tr sfer tax, cording ees and st of le al des ription shall e paid y the purch e 0 ice of trategic Pla ing e authorize to repare th n essary do uments for th of ti le an that the May r.be uthorized t e cute the same, in accordance with the to le up n w ich the offer s bmitted. n PASSED Recommended by the Committee on Legislation I D C:1DmuU ntsand SetUgsklehneALO ISettlngslTempeagyInlemet FiWOLK I DUkepon of Sale-7074 Bailc5:do� Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED a City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 64 PASSED December 23, 2013 Application for Restricted Use Permit -75 W. Chippewa (12/20/2013) Gerald A Chwalinski City Clerk JAN 0 6 2014 1 ti Xtb C t nl rx: APPROVEDI M JAN 0 6 2014 1 00064 Restricted Use Permit — 75 W. Chippewa (Ell) (City Clk) (Item No. 34, C.C.P., Dec. 10, 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 application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on December 20, 2013 is approved. n PASSED Recommended by the Committee on Legislation C -. )D ments and senings%dohnulLocal SettingG%Temporaryinlemet Pi mOLKjr;M acted US Permit 75 W Chipp...dxs I )0 *AYE* NO EONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RTVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MA7 - 5 ] *(� [213 - G] [3/4 - 71 000sr> ,Z Food Store License (New) — 2756 Bailey (Masten)(DPIS) (Item No. 73, C.C.P., Dec. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; o P it and Inspecti s rvioes is her y au C' y Code o issue Food ore Lice e M Market Inc. o ed at 2756 ilev. YasseCt. Recommended by the Committee on Legislation P/Z41 ` C airman CA)ocuments and SetlingsklehneALocal SettingsUemporary Internet FilesIOLKIDIfood store license-new -2756 Sailey.dacx 1 Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED I City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 66 PASSED December 23, 2013 Food Store License (New) 2906 Bailey (Mas) Gerald A Chwalinski City Clerk ra c� APPRO V ED M JAN 0'6'2014 co QQ66 Food Store License (New) — 2906 Bailey {Masten)(DPIS) (Item No. 74, C.C.P., Dec. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Hamoud Zaid dlb /a Bailey Discount Mart .Inc. located at 2906 Bailey. Passed. /j Recommended by the Committee on Legislation Chairman CMocaments and Sereingslelehner\Local Settings\Tempormy Internet HesIOLKID \Food store license-new -2906 Uleydocx PO �j DEMONE A: SMITH MAJORITY LEADER MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1414 BUFFALO, NY 14202-3318 PHONE: 851 -5145 • FAX: 851 -5443 E -mail: dsmith@ city- buffalo.com Website: http: / /www.city- buffalo.com January 6, 2014 Common Council CITY OF BUFFALO OFFICE OF MAJORITY LEADER Re: Food Store Licenses in Masten District CHAT. MAN BUDGET EDUCATION MINORITY BUSINESS ENTERPRISE COM M_i EPEES CIVIL SERVICE COMMUNITY DEVELOPMENT FINANCE RULES SPECIAL COMMI17EE5 WATERFRONT DEVELOPMENT MEMBER JOINT SCHOOLS CONSTRUCTION BOARD LEGISLATIVE ASSISTANTS FRANK GARLAND TIANNA MARKS COMMON COUNCIL IMPOSED DISTRICT -WIDE (MASTEN ONLY) CONDITIONS IN 2014: "NO LOITERING" SIGNS TO BE POSTED NO PAYPHONES OUTSIDE OF STORE NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMNLING(LOTTERY) OR ALCOHOL NO SPRAY - PAINTED OR AIR- BRUSHED SIGNAGE ON BUILDING ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER NO SELLING OF LOOSE CIGARETTES NO VEHICLES TO BE PARKED ON SIDEWALKS NO BLOCKING OF WINDOWS NO ALCOHOL UNLESS APPROVED BY DISTRICT COUNCIL OFFICE HOURS OF OPERATIONS SHALL BE 9AM TO I IPM ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS NO SMOKING IN BUILDING STORE OWNERS ARE REQUIRED TO ATTEND NEIGHBORHOOD ASSOCIATION 10 ADOPTED *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -J [ MAJ- 51 �* [2/3 - 6] * [ 3/4 - 7 ] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 67 Food Store License (New) 912 E. Delavan (Mas) PASSED December 23, 2013 Gerald A Chwalinski City Clerk JAN o s 2014 � <' ' ra {�- � �FTi co 0006' Food Store License (New) — 912 East Delavan (Masten)(DP1S) (Item No. 75, C.C.P., Dec. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ali Ahmed Ali dIb /a Save $ Plus located at 912 East Delavan. . Passed. / ° r) b Recommended by the Committee on Legislation I C:1Doeuments and SettingsklehnerEocal Settings\Temporary Internet FileAOLKIMfood store license -new -912 E Deiavan.doa DEMONS A. SMITH MAJORITY LEADER MASTEN DISTRICT COUNCIL MEMBER 63 NIAGARA SQUARE, ROOM 1414 BUFFALO, NY 14202 PHONE: 851 -5145 • FAX: 851 -5443 E-mail: dsmith @city - buffalo -com Website: http- / /www.city- bLiffalo.com January 6, 2014 C0lTCI1CDTC Council CITY OF BUFFALO OFFICE OF MAJORITY LEADER Re: Food Store Licenses in Masten District CHAIRMAN � o BUDGET t � ' EDUCATION MINORITY BUSINESS ENTERPRISE COMMITTEES CIVIL SERVICE COMMUNITY DEVELOPMENT FINANCE RULES SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MEMBER JOINT SCHOOLS CONSTRUCTION BOARD LEGISLATIVE ASSISTANTS FRANK GARLAND TIANNA MARKS COMMON COUNCIL IMPOSED DISTRICT -WIDE (MASTEN ONLY) CONDITIONS IN 2014: "NO LOITERING" SIGNS TO BE POSTED NO PAYPHONES OUTSIDE OF STORE NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMNLING(LOTTERY) OR ALCOHOL NO SPRAY - PAINTED OR AIR - BRUSHED SIGNAL . ON BUILDING ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER NO SELLING OF LOOSE CIGARETTES NO VEHICLES TO BE PARKED ON SIDEWALKS NO BLOCKING OF WINDOWS NO ALCOHOL UNLESS APPROVED BY DISTRICT COUNCIL OFFICE HOURS OF OPERATIONS SHALL BE 9AM TO 11PM ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS NO SMOKING IN BUILDING STORE OWNERS ARE REQUIRED TO ATTEND NEIGHBORHOOD ASSOCIATION MEETINGS * A Y.E * NO FONTANA * FRANCZYK GOLOMBEK LOCURTO PRID GEN RIVERA RUSSELL SCANLON SMITH [NM-5]� [ 2/3 - 6 ] [ 3/4 - 7 j 00065 J. Schenne, PE, Agent, Use 359 Ganson for a Two -Story Steel and Concrete Skating Rink, Exhibition Hall and offices with Parking in the Buffalo Special Review District (South)(DPIS) (Item No. 34, C.C.P., Nov. 12, 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 thAtoe il hereby authorize he Commissi r of the De artment of Permit d In p ant to Sec 'on 5 -67A(4 f the City C e, issue a restri ed u e po -sto feel d concret ing rink, ition h 1 an offic s with a 59 Ganson in the Buffalo Special Review District. PASSED Recommended by the Committee on Legislation is C:1Documents and SettingslclehnarTocal Settingffemporary Internet 1'ileAOLKIIAUse 359 (anson.docx Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED 0006 Absentee Building Owners -500 Block of Main St (Exc res)(Pridgen) ccp# 104 05115 Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation ®40'70 1 D. Pridgen- Council Meetings Live on Government Channel ccp# 57 02121 Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 00071 Food Store License (New) — 1096 Kensington (Masten)(DPIS) (Item No. 58, C.C.P., May 28, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation at the Conpissioner of Pe its and Insp i s Servie hereby authorized purs nt to Chapt 94 f the Ci Co to issu Food for 1ccnse o Kho er A. Kar' d b/a Spi Town &d i located 6 Kensington. Passed. Recommended by the Committee on Legislation CADocuments and Seltingslclehne6Local Settings7emporary Intemet FileAOLKIDIfood store license- new -1096 Kensington.docx 6 o Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED 0007 RESOLUTION Sponsors: Councilmember Fontana, Councilmember Smith, Councilmember Pridgen, Councilmember Scanlon Subject: City Hall Security Date: December 23, 2013 Whereas: An incident at a "Congress on your Corner" gathering in Arizona tragically took the lives of six individuals, and wounded eighteen others, including U.S. Representative Gabrielle Giffords; and Whereas: In Panama City, Florida, a gunman entered a school board meeting, opened fire, and put the people present at the meeting in danger. He was subsequently apprehended by trained security personnel on duty; and �0 Whereas: As a result of these and other documented life threatening events, many government agencies across the United States have or are in the process of examining their security measures and emergency plans; and Whereas: The vulnerability of the general public, employees and elected government officials during regular business hours and government meetings gives reason to make an in -depth evaluation of our security system and the proper measures that should be taken to ensure the safety of those who conduct business in and visit City Hall; and Whereas: The City of Buffalo Common Council has an obligation to ensure the safety of its employees, visitors, other City officials and strive to create a safe environment; and Whereas: Tragic events such as the aforementioned warrant the need for a complete evaluation of the security protocols and emergency plans utilized in Buffalo City Hall. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the Buffalo Police Department, the Department of Public Works, the local branch of the Federal Bureau of Investigation, Department of Homeland Security, and the Buffalo Board of Education immediately meet to review the security, emergency and contingency plans for City Hall; and Be It Further Resolved: That the Commissioners report their findings and recommendations back to the Common Council before February 28, 2014. Be It Finally Resolved: That this matter be referred to the Common Council Finance Committee , further deliberation. Richard A. Fontana Demone A. Smith Council President Majority Leader Lovejoy District Councilmember Masten District Councilmember Darius G. Pr dgen hrrsto er P. canlon` Ellicott District Councilmember ouch District Councilmember ` ADOPT RESOLVES. REFER REMAINDER TO THE COMMITTEE ON FINANCE NF P- RESOLUTIONS December 23, 2013 City Clerk's Department BUFFALO December 23, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 73 PASSED December 23, 2013 Budget and Personnel Amendment- Common Council # 13 Gerald A Chwalinski City Clerk Ft �r - 10 Yk DEC $ 4 2013 r b r- T, co F. 00072 BY., Ms. RUSSELL: BUDGET AND PERSONNEL AMENDMENT 01— LEGISLATIVE 1014 — COMMON COUNCIL LEGISLATIVE #13 The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 01 — Legislative, 1014 — Common Council Legislative #13, which currently reads: Legislative Assistant $ 41,163 Is hereby amended to read: Senior Legislative Assistant $ 46,083 Legislative Assistant $ 41,163 It is hereby certified, pursuant to Section 3 -14 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, GERALD CHWALINSKI, CITY CLERK, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. FROM: 10102001- 412002 TO: 101014001- 411001 WE A. Common Council- Hourly Councilmember #13 Golombek- Salary _Y_7 MARK J.F. SCHROEDER COMPTROLLER PR VED T FORM Corporation Counsel $2,460 $2,460 - &"V11_ GERALD WALIWS I CITY CLE --I DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS c ��e Estrich,Donna From: Lehner,Christine Sent: Thursday, December 12, 2013 3:27 PM To: Estrich,Donna Cc: Bartosik,Joseph; Councilmember Golombek - North; Chwalinski, Gerald Subject: Budget and Personnel Amendment Councilmember 13 Please prepare a Budget and Personnel Amendment for Councilmember 13 From 2 Legislative Assistants $41,163.00 To 1 Senior Legislative Assistant $46,083.00 1 Legislative Assistant $41,163.00 Please transfer the following funds from the Intern line to cover this Change From 10102001 412002 $2,460.00 To 10114001 411001 $2,460.00 Thank you Chris Lehner Sr. Council Clerk City Clerk's Office 716 -851 -5436 1 *AYE* NO FO NA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RTVERA RUSSELL SCANLON SMITH [-------- - - - - -] [NUJ-5] [213 - b] L [314 - 7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO s. Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 74 Waive Event Fees for Star Swimming Program PASSED December 23, 2013 Gerald A Chwalinski City Clerk r �m co 000'74 RESOLUTION Sponsors: Christopher P. Scanlon Date: December 17, 2013 Subject: Waive Event Fees for Star Swimming Program Swim Team Practice 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, Star Swimming Program Swim Team Practice will take place from Tuesday December 17, 2013 to Saturday January 25, 2013 for two hours a day from 7:30pm to 9:30pm on Tuesdays and Thursdays, 5:30pm to 7:30pm on Mondays and Wednesdays and from 7:00am to 9:00am on Saturdays at Cazenovia Swimming Pool; and WHEREAS, Star Swimming Program Swim Team Practice provides swimming instruction. to 80 children in the area and allows them to train and compete in the sport of swimming; and WHEREAS, The Star Swimming Program Swim Team Practice is beneficial to the health of local children who train, participate and compete in swimming; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests Department of Public Works (Parks Department) waive the $3 per swimmer per day fee applicable to the Star Swimming Program; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works. topper . Sc�a'htdh South District Council Member PASSED 7 t *AYE* NO * FONTANA FR-ANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVER-A RUSSELL SCANLON SMITH [ ------------- ] [ MA.J - 5 ] [213 _ 6] * l [314 - 7] City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 75 PASSED December 23, 2013 Increased Appropriation -EDPI Cr% �' C , I:ri Gerald A Chwalinski City Clerk 0e(9- her - -41 Q®®71 BY: MR. SCANLON Increased Appropriation That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for $500,000 be and the same are hereby increased in the sum of $1,500,000. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance- Restricted, appropriated for this purpose. That the comptroller be and hereby is authorized and directed to increase the revenue estimate for the account to meet this increased appropriation as set forth below: From. 2 10700096 - 397000 Fund Balance - Restricted To: 16550007 - 471010 Permits & Inspections — Land Improvements PASSE $ 1,500,000 $ 1,500,000 1� -1 ' k *AYE* NO FONTANA FRANCZYK GOLONMBEK LOCURTo PRIDGEN RTVERA RUSSELL SCANLON SMITH [-------- - - - - -� [MAJ- 5 [2/3 - 6] * l [314 - 71 C' City Clerk's Department BUFFALO December 27, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 76 Transfer of Funds - Capital Projects APPRO IJ4E.i PASSED December 23, 2013 Gerald A Chwalinski City Clerk c� Y� C r _7 C.11 CD ,S AN 0(62094 00077, BY: MR. SCANLON Transfer of Funds That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 30000106- 445100 Planning Capital Projects To: 30300506 - 445100 Landfill Management $ 200,000 $ 200,000 0 11 Is FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL * SCANLON SMITH * [MAJ- 5] * *(7 [2/3 - 6 [3/4 - 7 00 Pk RESOLUTION Sponsors: Council Member Smith, Fontana, Russell, Franczyk, Golombek, LoCurto, Pridgen, Rivera, Scanlon Subject: Elimination of Blackout Rules Date: December 23, 2013 Whereas: On December 18` 2013 The Federal Communication Commission has voted unanimously to eliminate the blackout rules in the National Football League that has frustrated viewers for decades; and Whereas: it was quoted in the Buffalo News, on December 19, 2013 by Rep Brian Higgins that "changes in the sports industry in the last four decades have called into question whether the sports blackout rules remain necessary to ensure the overall availability of sports programming to the general public "; and Whereas: Since the 1970's, when the blackout rule was written, the popularity of the NFL has increased significantly. The league and its revenues have grown substantially. Television ratings and viewership continue to grow, bringing in record profits for the NFL and the television networks that broadcast games. The policy of blacking out the NFL games is outdated and does not increase attendance; and Whereas: The City of Buffalo & WNY are affected by this black out rule in that Ralph Wilson stadium is one on the largest stadiums in the NFL, with a capacity of more than 70,000 seats, the Buffalo Bills had a total of 19 games blacked -out since 2000; and Whereas: Ralph Wilson Stadium will receive 130 million in stadium upgrades after this season. Public money from New York State and the County will pay for a majority of the stadium improvements. Therefore, Be It Resolved: That the Buffalo Common Council Members would like to seek public opinion, and hold discussion, regarding the restrictions of the federal sports television blackout rules which have frustrated NFL fans for far too long; and Be It Further Resolved: That copies of this Resolution be forwarded to Rep. Brian Higgins, Federal Communication Commission, NF gomissioner Roger Goodell, the National Football League and Buffalo Bills President & CEO Russ ancJ Demone A. Smith Majority Leader Masten District Council Member DS /j p - mj ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT P_i� 00078 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. Marie Gorman Total: 1 Adopted 12/23/13 0 o� �J 0007 „ 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. Patrick J. Brooks TOTAL:1 ADOPTED ON 12/23/13 Lo'c;; ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held the Common Council Chambers, 1P floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Coinnmittee on Comm. Dev. Committee on Legislation Special Committees Tuesday, December 31, 2013 at 9:45 o'clock A.M. Tuesday, December 31, 2013 at 10:00 o'clock A.M. Tuesday, December 31, 2013 at 1:00 o'clock P.M. Tuesday, December 31, 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 ig ven for notification, it will be provided. In addition, there maybe meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. ME= No. Adjournment 4) 0 On a motion by Mr. Smith, Seconded by Mt. ScanAutl- the Council adjourned at GERALD A, CHWALINSKI CITY CLERK December 23, 2013