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HomeMy WebLinkAbout14-0930 (2)I CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO September 30, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt - 9 Absent -None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on September 16, 2014 were approved. *AY NO * * * FONTANA * * * FRANCZYK [ MAJ - 51 [ 213 - 61 [314- 7 Sept 30, 2014 GOLOMBEK * * LOCURTO ** PRIDGEN * * * RIVERA * SCANLON SMITH * * * WYATT [ MAJ - 51 [ 213 - 61 [314- 7 Sept 30, 2014 Activity # I — Owner Occupied Housing Rehabilitation Programs (including Contract Management) The City of Buffalo's Owner Occupied Housing Rehabilitation Loan Programs are funded primarily by the Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Programs and include activities to be implemented with approximately $3,000,000 in CDBG, HOME, Lead Hazard Reduction, and New York State !-Affordable Housing Corporation Program dollars. In some cases, private resources, and in -kind services may also be utilized. The Programs offer financial assistance to households who qualify under the federal low and moderate- income guidelines. Funds are available to rehabilitate one- to four - family owner - occupied residences within designated target areas, as well as for partial financial assistance to new and existing owners of properties needing repairs, and for the correction of emergency conditions such as repair of a broken water, sewer or gas line, replacement of a non - functioning furnace or hot water tank, upgrades from fuses to circuit breakers if a hazard exists at the electrical panel, and repair of a leaking roof and system components. Lead based paint hazards are remediated, as needed. Specific guidelines for individual programs are established by the Office of Strategic Planning. Output — During the term of this Agreement, the Subrecipient will - 1. Assist in the processing and close out of all applications for rehabilitation assistance in the OSP active loan inventory. 2. Facilitate the processing of additional applications within the limits of the funds allocated for these programs. Not all applications will result in loan closings and rehab completions. 1 Ensure the timely completion of rehab and lead remediation work in units and structures assisted through the City of Buffalo Block by Block (AHC) program in compliance with all NYS requirements. Training - The Subrecipient will ensure that staff assigned to deliver the Program are trained, or receive training, appropriate to the position, including, but not limited to and as appropriate, training in the determination of income eligibility for the CDBG and HOME programs; NYS housing code standards, as needed; enforcement of OSP rehab standards, Uniform Physical Conditions Standards (UPCS) and acceptable work practices for the remediation of lead based paint hazards; the use of work specification writing software; and other training as suitable to provide for the efficient and professional administration and delivery of the Program. The Subrecipient will continue to administer and monitor performance under the existing contract with Belmont Housing Resources for WNY (the Rehab Program Administrator) to ensure delivery of these Owner Occupied Housing Rehab Programs. The contract expires on May 31, 2013. The Rehab Loan Processing Stages and responsible parties are summarized as follows — Responsible Party Activity Community Based Organization (CBO) staff located in city neighborhoods work with individual homeowners to prepare applications for owner occupied housing rehab programs offered by OSP (Office of Strategic Planning) / BURA (Buffalo Urban Renewal Agency). Programs include, but are not limited to — ■ Emergency assistance (CDBG funded) ■ HOME funded Target Street rehab loans, NYS Affordable Housing Corporation (AHC) Matching Funds Program, 50150 Rehab Program (for homebuyers and C130IBURA existing owners located outside target areas); CBO staff complete the Application Referral Tracker and submit the names and addresses of potential applicants to the OSP Division of Housing for pre -screening (ownership, prior loan delinquencies, and conflict of interest requests) and approval to proceed to the next stage of processing. If cleared to proceed, OSP rehab program support staff establishes a temporary file for each address reviewed and requests an CBOIBURA Environmental Review from Division of Planning staff, DRAFT for 2013 updated regs - September 11, 2014 Page 33 3 FROM THE MAYOR - EXECUTIVE DEPARTMENT Sept 30, 2014 FROM THE BUFFALO ARTS COMMISSION SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: BUFFALO ARTS COMMISSION SUBJECT: Acceptance of gift of statue of Tim Horton PRIOR COUNCIL REFERENCE: None. DATE: September 30, 2014 The City of Buffalo Arts Commission recommends that your Honorable Body accept a gift of a statue — with attached plaque,- of the hockey player Tim Horton. The Commission has reviewed the statue and finds that it is of artistic merit. It is worthy of addition to the City's collection of art works, and it is suitable for public display for the enjoyment of the citizens of the City of Buffalo. The Commission, working in consultation with the Department of Public Works, Parks and Streets further recommends that the statue be placed - in the public right of way - at the northeast portion of the intersection of Main Street and Scott Street. TYPE DEPARTMENT HEAD NAME: EMERSON BARR III TYPE TITLE: Executive Director, Buffalo Arts Commission SIGNATURE OF DEPARTMENT HEAD: 0 Acceptance of Gift of Statue of Tim Horton Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Buffalo Arts Commission, dated September 30, 2014, be received and filed; That the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to accept a gift of a statue with attached plaque of the hockey player, Tim Horton; and that the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to execute all necessary documents to effect this gift to the City. �ASI� C:\Users�clehner\AppDat a \LocalUicrosoftlWindows\Temporary Fntemet Files\ Con teni.OutlookUSMLCEHS\Acceptance of Gift of Statue -Tim Horton.docx *A YT* - NO * FONTANA FRANCZYK GOLOMBEK LOCURTO * LL 4 T PRIDGEN W R J R 1 T T yt SCANLON �)��''��•�r c{.'.T� S1T11. H yR yT yyT T T T WATT (-------- - - - - -] [MAJ- 5] *� [213 - F] [ 314 - 7 ] FROM THE CITY PLANNING BOARD Sept 30, 2014 j� .a � r 0 a- .a 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 Building Addition Location: 222 Genesee Street Type of Action:. Unlisted- Uncoordinated Description: Carmina Wood Morris on behalf of Western New York MRI & Women's Imaging Center is proposing the construction of a building addition on the property located at 222 . Genesee Street Buffalo New York. The project will include a two story 7,664 square foot building addition to the current radiology Practice. The existing building will also undergo renovation to better fit with the new treatment options. The building will match the exterior of the existing building in color and form. New landscaping will be added to meet the Design and Site Plan Ordinance requirements. The owner is planning on breaking ground prior to the end of 2014 with completion in the summer of 2015. The project is privately funded. 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 allow for the continued growth of this business with potential added job opportunities. There are no actions related this project that 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 September 9 2014 CC: City Cleric City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Carmina Wood Morris ADOPTED 0 0. .� x 'J 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 Building Addition Location: 121 James E. Casey Drive Type of Action: Unlisted- Uncoordinated Description: LBM Construction is proposing the construction of a building addition on the property located at121 James E. Casey Drive, Buffalo New York. The project will consist of adding a single story, pre- engineered stamped metal building addition off the west side of the existing stamped metal building currently on the site(near James E. Casey Drive). The new approximately 7200 square foot building will match the existing building and surrounding buildings located in the industrial park. The project meets the requirements of the urban renewal plan that is currently in effect including the 25 percent site landscaping requirement. The project is expected to begin in late September and will be completed by December 25, 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 allow for the continued growth of this business with potential added job opportunities. There are no actions related this project that wifl 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 September 9, 2014 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection LBM Construction ADOPTED �0 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 Building Renovation Location: 483 Main Street Type of Action: Unlisted- Coordinated Description: Scheid Architectural is proposing the renovation of the building on the property located at 483 Main Street, Buffalo New York. The proposed project consists of interior renovations to convert the second and third floors into two apartments. The first floor will be renovated and remain as an office use. The exterior work is limited to replacement/repair of the existing windows & masonry repairs. There is no site worm as the building fills the entire property The project has been submitted and approved by the New York State Parks, Recreation and Historic Preservation Office & the National Park Service. The project is also being supported financially by the Erie County Industrial Development Corporation. The project is expected to begin immediately after approval and will be completed by early 2015. 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 allow for the continued growth and revitalization of Downtown Buffalo with the potential of added job opportunities, There are no actions related this project that 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: _- September 9, 2014 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Scheid Architectural ADOPTED a l� FROM THE OFFICE OF STRATEGIC PLANNING R `Ty L t A (J COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: Office of Strategic Planning SUBJECT: BURA Administration of: DATE: September 25, 2014 DIVISION: Executive Director's Office 1. Community Development Block Grant (CDBG) Program and Funding 2. Home Investment Partnerships (HOME) Program and Funding 3. Housing Opportunities for Persons with AIDS Program ( HOPWA) Program and Funding 4. Emergency Solutions Grant (ESG) Program and Funding Prior Council Reference: Item No. 1831 -CCP September 16, 2014 The City of Buffalo Office of Strategic Planning on behalf of the City of Buffalo and the United States Department of Housing and Urban Development (HUD) continues to administer certain portions of CDBG, HOME, ESG and HOPWA through the City of Buffalo Urban Renewal Agency (BURA) as a subrecipient of the City of Buffalo. In response to the Common Council Community Development Committee review of the agreements, the Office of Strategic Planning is refiling the Communication with attached agreements that modifies the agreements to include a term of one (1) year with an option to renew for an additional one (1) year. The previously filed agreements provided for a two (2) year term. All other terms and provisions contained in the agreements attached to the first filing (1831 -CCP) remain unchanged. The following program administration aiid management agreements embody the continuation of the HUD approved and required system agreed to between the City's Office of Strategic Planning and HUD. The agreements presented to this Honorable Body for consideration and approval are as follows: Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for City of Buffalo CDGB Program Administration for the 2014 -2015 HUD Program Year ( "CDBG Agreement "); 2. Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for the Administration and Implementation of the Home Investment Partnerships (HOME) Program for the 2014 -2015 HUD Program Year ( "HOME Agreement "); 1 3. Agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services through the Housing Opportunities for Persons With AIDS Program for the 2014 -2015 Program Year ( "HOPWA Agreement "); 4. Agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services for the City of Buffalo Emergency Solutions Grant Program for the 2014 -2015 Program Year ( "ESG Agreement "). The CDBG Agreement, HOME Agreement, HOPWA Agreement and ESG Agreement and the updated system of arrangements for the administration of CDBG funds, HOME funds, HOPWA funds and ESG funds: 1. Continue the expenditure of HUD funds in compliance with all HUD regulations, 2. Continue the programs and compliance methods by BURA which have been reviewed extensively by HUD and approved by HUD, 3. Recognize the experience, depth and capacity of BURA staff in managing HUD and other federal programs, and 4. Maintain the current practices and procedures of the current agreements that allow and will now continue to allow BURA to disburse funds directly to third parties for CDBG projects and programs and HOME projects and programs, in a manner satisfactory to the City and satisfactory to HUD as to use of funds and funds disbursement protocol. It is also noted that BURA receives compensation for its services under the agreements. The Office of Strategic Planning is requesting that Your Honorable Body: 1. 2. 3. 0 Ratify and confirm the actions taken to prepare the agreements in this form; Authorize the Mayor to execute the agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the subject funding; Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation, agreements and/or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreements and to facilitate and implement the City's receipt and utilization of subject funding as well as all related reporting, monitoring and follow -up functions associated with the funding; and Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said agreements and other necessary documentation and agreements wherever necessary for execution and actual implementation of the improved and updated administrative arrangements and agreements which will be filed with the Common Council as an informational item. DEPARTMENT HEAD NAME: BRENDAN MEHAFF SIGNATURE OF DIVISION OR DEPARTMENT HEAD: AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY FOR CITY OF BUFFALO CDBG PROGRAM ADMINISTRATION THIS AGREEMENT, entered this day of September, 2014 by and between the CITY OF BUFFALO, a municipal corporation having its principal office located at 65 Niagara Square, Buffalo, New York 14202 (herein called the "Grantee ") and the City of Buffalo Urban Renewal Agency ( "BURA ") with offices at 65 Niagara Square, Room 920, Buffalo, New York 14202 (herein called the "Subrecipient "). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93 -383; and WHEREAS, the United States Department of Housing and Urban Development (HUD) informed the Grantee in 2012 after previously operating without a subrecipient agreement since 1974, that the Grantee is now required to enter into a Subrecipient Agreement with BURR prior to disbursement of 2012 and future year Community Development Block Grant (CDBG) funds to the Grantee; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; and WHEREAS the Subrecipient covenants that it have the personnel, skills and expertise required and wishes to undertake the Project. NOW, THEREFORE, the Grantee and the Subrecipient do mutually agree, in consideration of the covenants, terms and conditions contained herein as follows: I. SCOPE OF SERVICE A. Program Administration Activities The Subrecipient will be responsible for the administration and management of all prior years and Year 2014 -15 CDBG housing- related activities including rehabilitation and homeownership activities; origination and management of new and existing CDBG housing loans and /or grants; and to receive CDBG program funds for the subrecipient to sufficiently support these activities and obligations, and to amend and modify the BURR CDBG administrative budget to encompass these additional duties (City CDBG Programs). 2, Program Administration Activities funded by CDBG funds provided under this subrecipient agreement will include, but are not limited to, staffing and other delivery costs of housing programs and any and all necessary administrative services. This includes issuing Requests for Proposals (RFPs) and contracting with community based organizations to assist in delivering rehabilitation and homeownership activities. The Subrecipient will be responsible for program delivery and administration of CDBG residential rehabilitation and homeownership assistance programs provided in the City of Buffalo Annual Action Plans covering the program years starting May 1, 2004 through the end of program year 2015- 2015, September 30, 2015, and any extensions thereof, respectively (CDBG housing programs) in a manner consistent with any standards required as a condition of providing these funds. 3. The Subrecipient will be responsible for the disbursement of funds for eligible CDBG activities, and will ensure that CDBG Program requirements are met for all programs and projects before a request for disbursement of CDBG funds is submitted to the Grantee, To facilitate the Program Administration of City CDBG Programs by the Subrecipient, the City of Buffalo will disburse funds to BURR as subrecipient for release to eligible third parties including, but not limited to, for - profit owners or developers, non - profit organizations or developers, community based organizations (CBO's), Neighborhood Housing Services (NHS) revolving loan fund program delivery, homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 570.202 and 570.201(n). Before disbursing any CDBG funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will comply with the requirements of 24 CFR 570 Subparts J and K, as appropriate. 5. The City CDBG Programs and the associated Program Delivery to be provided by the Subrecipient are fully described in the attached Exhibit A under the following eligible activities: Activity #I - City of Buffalo CDBG Funded Economic Development Activities Activity 92 City of Buffalo CDBG Funded Public Works and Facilities Projects Activity #3 City of Buffalo CDBG Funded Code Enforcement and Clearance Program Activity 44 City of Buffalo CDBG Funded Down Payment Closing Cost Assistance Program Activity #5 City of Buffalo CDBG Funded Owner Occupied Housing Rehabilitation Program Activity #6 City of Buffalo CDBG Community Crime Prevention/Awareness Initiative B. Planning and Capacity Building Activities I . The Subrecipient shall be responsible for carrying out certain Planning and Capacity Activities pursuant to 24 CFR 570.205 including community development plans small area and neighborhood plans, environmental studies and environmental review of CDBG activities, land use and urban environmental design (Green Code), and policy, planning management and capacity building activities; Planning and Capacity Building Activities are more fully described in the attached Exhibit A. 2 C. General Administration Activities 1. The Subrecipient shall be responsible for carrying out certain General Administration Activities, at the direction of the Grantee, including general administration, coordination, and oversight of CDBG Activities and /or Programs and /or Projects, citizen participation and information, budgeting, financial accounting and management, recordkeeping and reporting for CDBG activities. General Administration Activities are more fully described in the attached Exhibit A. D. External Program Implementation I . BURA is authorized to enter into lower tier subrecipient agreements, consultant agreements, service contracts and other agreements deemed by the Grantee, at the written request and in consultation with the Subrecipient, to be necessary to effectuate administration and implementation of the Program Administration Activities, Planning and Capacity Building Activities and /or General Administration Activities. 2. BURA shall provide performance monitoring for all lower tier subrecipients of CDBG funding. The purpose of this monitoring is to ensure that funds are used effectively and as intended. Standards governing monitoring activities are set forth at 24 CFR 570.502 and HUD's Monitoring Handbook 6509.2, REV-5, 3. BURA shall maintain project and /or procurement files, as required pursuant to HUD Regulations and/or the City of Buffalo Charter and Code. On site monitoring of lower tier subrecipients shall be performed on a regular basis. E. National Objectives; Goals and Performance Measures; Staffing related to the Scope of Service to be provided by the Subrecipient 1. National Objective: All activities funded with CDBG funds except Planning and Administration must have documentation in accordance with CDBG requirements to support that they meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity (ies) carried out under this agreement will benefit low and moderate income persons; aid in the prevention or elimination of blight, or meet urgent community development needs pursuant to 24 CFR 570.208. BURA will document all national objectives (see IX. Administrative Requirements, B. Documentation and Recordkeeping) and set up activities identified in Exhibit A in HUD's Integrative Disbursement & Information System (IDIS). 2. Levels of Accomplishment - Goals and Performance Measures The levels of accomplishment are units rehabbed, persons or households assisted, businesses assisted, jobs created, public facilities assisted and should also include time frames for performance. The Subrecipient agrees to provide the following levels of program services as detailed in the Program Delivery Activities described in Exhibit A which contain specifics as to deliverables required of the Subrecipient and funding amounts to be dedicated to each. The goals and performance measures are more fully described and listed in each of the City's Annual 2014 -2015 Action Plans. The Grantee shall require documentation and reporting from the Subrecipient to support the completion of these activities. The Subrecipient will report the accomplishments for the activities in Exhibit A in HUD's Integrated Disbursement Information System (IDIS). Staffing A list of staff and estimated time commitments to be allocated to each activity specified in Section 1. A. above is included in Exhibit B. Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to the prior approval of the Executive Director of the Office of Strategic Planning. II. TIME OF PERFORMANCE A. Start and Completion Dates 1. Services of the Subrecipient shall commence at the start of the program year on October 1, 2014 and shall end on the ending; date of the 2014 -2015 Program Year, September 30, 2015 or any extension of the program year thereof approved by HUD: As per CPR 570.503(a), the Agreement shall remain in effect during any period that the Subrecipient has control of CDBG assets, defined as program income, receivables and real or personal property. 2. The term of this agreement and the provisions herein may be mutually extended by the parties to cover any additional time period during which the Subrecipient is responsible for reporting or compliance measures or remains in control of CDBG funds or other assets, including program income. 3. In addition the parties may agTee extend the term of this agreement for an additional one 1 year term to include the 2015 -2016 Program Year. Any extension under this section is subject to any and all approvals required by the City of Buffalo. B. Performance Monitoring The Grantee will monitor the performance of the Subrecipient based on goals and performance standards as stated above along with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Monitoring will be conducted by personnel from the Department of Administration, Finance, Policy & Urban Affairs. Substandard performance as determined by the Grantee will constitute noncompliance with this agreement. If corrective action is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. Developer agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the Grantee, or the Grantee's internal auditor(s) access to all records related to performance of activities in this agreement. C. Progress Reports and Other Reports Subrecipient hereby agrees to provide in a timely manner all necessary progress reports on at least a monthly basis and other reports required by Grantee on forms to be provided by Grantee. This will include the submission of monthly CDBG Workout Plans to track the progress of its activities in Exhibit A and their status of funds. The CDBG Workout Plans will be submitted to the grantee within two weeks of each month's ending date. Services of the Subrecipient shall start upon full execution of this agreement and end on the 3 0th day of April of 2014, or any extension thereof approved by HUD. The term of this agreement and the provisions herein may mutually be extended by the parties to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Ill. ADM NISTRAT and OPERATING BUDGET for Year and Fiscal Year Line Item Year 40 Amount Salaries $1,494,518.56 Program/Service Delivery 593,537.86 Fringe 1,211,523.31 Materials & Supplies 20,115.00 Travel 8,500.00 Professional Services 143,866.00 Other Services 10,000.00 Any indirect costs including office space, utilities and bonding requirements under this Agreement must be consistent with the conditions of Paragraph IX (C) (2) of this agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information within thirty (30) calendar days of a request in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. Requests for modification across budget class items or to add budget cost categories should be submitted in writing to the Executive Director of Strategic Planning (Director). Such modifications shall result in no change in the total amount or the terms of this contract. The last budget modification must be submitted on or before fifteen (15) days prior to the end of the contract term unless otherwise directed by the Director. The Director will decide in his /her sole discretion whether such modification will be allowed based on regulatory and budgetary requirements. BURA may propose revisions to the budget and the transfer of funds between annual action plan line items (for example, from single family rehab to multi - family rehab) to ensure compliance with CDBG expenditure deadlines and OSP priorities. Such budget revisions will be effective upon approval of the Executive Director of OSP and the Commissioner of Admin and Finance. OSP will file an amendment to the Annual Action Plan to reflect all substantial amendments. *Professional services include, but are not limited to economic development loan management; technical assistance; financial accounting services; in -house financial services, and other temporary services from time to time as deemed necessary by the Subrecipient to fulfill its duties and obligations under this Agreement. FLY V. M RECAPTURE AND REALLOCATION OF SUBRECIPUNT' S ALLOCATION OF FUNDS If Subrecipient fails to expend funds as indicated with regard to the goals and delivery schedule in Exhibit B, Grantee at its sole discretion may recapture a portion or the entire Subrecipient's total funding allocation. The portion recaptured will be equal to Grantee's estimate of the amount of funds that would remain unspent by the spending deadlines described herein, based on Subrecipient's activities to date and capacity to complete the work. In addition, the amount of Subrecipient's funding allocation that is not obligated or expended by the deadlines in Section II herein will be recaptured immediately unless Grantee grants a brief extension of the deadline in writing based on extenuating circumstances and compelling evidence that obligations will be completed during the extended period. A. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement for administrative costs shall not exceed the allowable maximums for administrative costs pursuant to HUD Regluations. Drawdowns for the payment of eligible administrative and operating expenses shall be made against the line item budgets specified in Section III herein. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a bi- weekly basis. The Subrecipient shall submit duly executed vouchers upon forms which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shaII be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. As provided in Exhibit D (attached hereto), the City of Buffalo will release funds to BURA as Subrecipient for disbursement to eligible third parties. This disbursement process applies to all activities cited In the Scope of Services, including those relating to IDIS and disbursements thereunder. NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and - details concerning this contract shall be directed to the following contract representatives: City of Buffalo 1100 City Hall 65 Niagara Square Buffalo, NY 14202 Attention: City of Buffalo Corporation Counsel City of Buffalo 1200 City Hall 65 Niagara Square Buffalo, NY 14202 Attention: City Comptroller 7 And City of Buffalo Urban Renewal Agency 65 Niagara Square 920 City Hall Buffalo, New York 14202 Attention: BURA General Counsel VII. SPECIAL CONDITIONS This Section Intentionally Left BIank VIII. GENERAL CONDITIONS A. General Comr}Iiance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. B. Indemnification The Subrecipient hereby agrees to defend, indemnify and save harmless the Grantee against any and all liability, loss, damage, suit, charge, attorney's fees and expenses of whatever kind or nature which the Grantee may directly or indirectly incur, or be required to pay by reason or in consequence of the intentionally wrongful or negligent act or omission of the Subrecipient, its agents, employees or contractors. If a claim or action is made or brought against the Grantee and for which the Subrecipient may be responsible hereunder in whole or in part, then the Subrecipient shall be notified and shall handle or participate in the handling of the defense of such matter. D. Workers' Compensation Insurance (Disability Insurance Requirement is removed) This agreement shall be void and of no effect unless the Subrecipient shall secure compensation 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 or the state of the Sub recipient's residence, whichever may apply. The Subrecipient shall provide proof to the City, duly subscribed by an insurance carrier, that such Workers Compensation coverage has been secured. In the alternative, Subrecipient shall provide proof of self - insurance or shall establish that Worker Compensation coverage is not required by submitting the then current and required New York State Workers Compensation Board's form. E. General Liability Insurance The Subrecipient shall obtain general liability insurance in the amount of at least One Million Dollars, for protection against claims of personal injury, including death, or damage to property, arising out of the administration of the City CDBG Programs. Said insurance shall be issued by a reputable insurance company, authorized to do business in the State of New York. Said insurance shall also name the City of Buffalo as an insured. The Subrecipient shall provide the Grantee with a certificate of insurance from an authorized representative of a financially responsible insurance company evidencing that such an insurance policy is in force. Furthermore, the Subrecipient shall provide a listing of any and all exclusions under said policy. The insurance shall stipulate that, in the event of cancellation or modification the insurer shall provide the Grantee with at least thirty (3 0) days written notice of such cancellation or modification. F. Insurance & Bondin The Subrecipient shall carry sufficient insurance coverage to protect contract assets from Ioss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase fidelity insurance covering all employees in an amount as directed by the City. If directed by the Grantee, the Subrecipient shall further maintain a performance bond to secure fulfillment of all the Subrecipient's obligations under the Agreement, up to the amount of Subrecipient's administration allocation or other protections to insure performance as determined by the Grantee in its sole discretion. The Grantee will provide reasonable written notice to the subrecipient of any such additional assurances. G. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this agreement. H. Amendments The Grantee or Subrecipient may amend this agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this agreement. The Grantee may, in its discretion, amend this agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be 0 undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. I. Suspension or Termination In accordance with 24 CFR 85.43 and 85.44, the Grantee may suspend or terminate this agreement if the Subrecipient materially fails to comply with any terms of this agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this agreement; 3. Ineffective or improper use of funds provided under this agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this agreement may be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. IX. ADMINISTRATIVE REOUIREMENTS A. Financial Management Accounting Standards The Subrecipient agrees to comply with 24 CFR 570.502 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A -87, "Cost Principles for State, Local and Indian Tribal Governments ". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 10 B. Documentation and Record Keeping Records to be maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this agreement. Subrecipient shall further retain all records in accordance with New York State Records Retention Guidelines, said period to begin running after program closeout. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; li. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program and is consistent with the standards outlined at §570.208 ;. C. Records required to confirm that BURR has made specific determinations on behalf of the Grantee that are necessary to demonstrate eligibility of certain types of activities as listed at 24 CFR 570.506; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance and compliance with §570505 regarding change of use of such properties; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; £ Financial records as required by 24 CFR 570.502; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the agreement for a period of six (6) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four -year period, whichever occurs later. However records with respect to any real property or other assets purchased with HUD funds shall be kept for as long as those assets are held by BURA to enable the Grantee to demonstrate compliance with §570.503(b)(7). 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided for the same period of time and in the same manner as required under Section IX (B) (2) above. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 11 Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the laws of the State of New York and Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. The Subrecipient shall notify Grantee of receipt of any FOIL requests within three (3) business days of the receipt by Subrecipient of same. Close -outs The Subrecipient's obligation to the Grantee shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A- 133. C. Reporting and Payment Procedures Prop-ram Income A. The Subrecipient is not permitted to retain any program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with CDBG Regulations. The Subrecipient shall return to the Grantee all program income generated by City CDBG Program activities and with CDBG funds made available under this contract on a monthly basis unless otherwise directed by the City. The Subrecipient acknowledges and agrees that the City may, in its sole discretion, establish and /or modify the frequency of the return of Program income subsequent to reasonable written notice to the Subrecipient . Any existing revolving loan funds of BURA shall be remitted to the Grantee upon execution of this agreement 12 The Subrecipient agrees that any CDBG program income on hand when the agreement expires or received after such expiration shall be paid to the Grantee as required by the CDBG Regulations. Program Income (PI) returned to the Grantee may be reallocated to BURR for payment of eligible expenses as allowed under 570.503. 2. Indirect Costs Prior to charging any indirect costs under this agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures The Grantee will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs. incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Specifically, the Subrecipient shall submit the following reports: a) Monthly Expenditure Reports of CDBG Funds Drawn for each project. b) Monthly Progress Reports detailing the status of each CDBG project. c) The subrecipient will update its CDBG activities on HUD's Integrated Disbursement & Information System (IDIS) to complete the Annual Grantee Performance Report submitted for the City's Consolidated Annual Performance & Evaluation Report (CAPER). d) The subrecipient will provide narrative descriptions for its CDBG activities including progress in meeting the goals outlined in the City's Annual Action Plan to complete the Narrative Sections of the City's CAPER. The above reports shall be submitted to the Executive Director of Strategic Planning. 13 D. Procurement Compliance The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 85.36, Travel The Subrecipient shall adopt a travel policy that at a minimum meets the requirements of the current City of Buffalo travel policy as determined by the City of Buffalo Corporation Counsel. The Subrecipient shall obtain written approval from the Executive Director of Strategic Planning for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose of program administration and costs must be reasonable. E. Use and Reversion of Assets The use and disposition of real property and equipment under this agreement shall be in compliance with the requirements of 24 CFR Tart 85 and 24 CFR 570.502, 570.503, and 570.504, 570.505 as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with Federal funds under this agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this agreement.. If the Subrecipient fails to use CDBG- assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this agreement after the expiration of the five -year period. In all cases in which equipment acquired, in whole or in part, with funds under this agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this agreement were used to acquire the equipment). 14 Equipment not needed by the Subrecipient for activities under this agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non -CDBG funds used to acquire the equipment]. X. RELOCATIONT _REAL PROPERTY ACQUISITION_ AND ONE-FOR-ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti - displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG - assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Compliance The Subrecipient agrees to comply with Article 15 of the New York State Human Rights Law, and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 1 1063, and Executive Order 11246 as amended by Executive Orders 11375, 1 1478, 12107 and 12086. 2. Nondiscrimination Equal Employment Opportunity and Affirmative Action (EEO /AA) Statements During the performance of this Agreement, the Subrecipient agrees as follows: A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post . in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non - discrimination clause. B. The Subrecipient will, in aII solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment 15 without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City's contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise proved by law. F. In the event of the Subrecipient's non - compliance with the non - discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. G. The Subrecipient will include the provisions of Paragraphs A through F above in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the Office may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, Iitigation with a subcontractor or vendor as a result of such direction by the Office, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 2. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88 -352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such.transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the programs assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not it so discriminate. 16 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this agreement. B. Affirmative Action Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Minority or Women -Owned Businesses (MBE /W) It is the policy of the City that equal opportunity to participate in City or Subrecipient procurements is provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the City are placed with minority and woman owned business enterprises, the Subrecipient agrees to take affirmative action to the fullest extent consistent with sound procurement principles and applicable law(s) and identify qualified enterprises, business and /or firms; and to solicit bids and quotations from them, and in making awards and purchases, to give equitable consideration to these enterprises, businesses and /or firms.. Such action shall include, but is not limited to: A. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. B. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. C. The Subrecipient or its designee shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of thirty (30 %) minority business enterprises. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, .records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for 17 purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the Iabor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon. each of its own subrecipients or subcontractors. C. Employment Restrictions Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C,276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR part 5), the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this agreement. The Subrecipient agrees to comply with the Copeland Anti - Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all M. such contracts subject to such regulations, provisions meeting the requirements of this paragraph. "Section 3" Clause Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be perfonned under this Agreement is a project assisted under a program . providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint 'hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low - and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low - .and very low - income participants in other HUD programs. 19 The Subrecipient certifies and agrees that no contractual or other Iegal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. C. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts A. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance. B. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. C. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance 20 of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 85.36(b) (3) and 570.611, which include (but are not limited to) the following: a. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. b. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG - assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. C. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 21 b. If any finds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c, It will require that the language of paragraph (d) of this certification be included in the award documents for all sub awards at aII tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Copyrig If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. The Federal Government also reserves such right pursuant to 24 CFR 85.34 to reproduce, publish or otherwise use and to authorize others to use, the work or materials for Federal governmental purposes the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 7. Religious Activities The Subrecipient agrees that inherently religious activities instruction, or proselytization. XII. ENVIRONMENTAL CONDITIONS A. Air and Water funds provided under this agreement will not be utilized for prohibited by 24 CFR 570,2000), such as worship, religious The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this agreement: - Clean Air Act, 42 U.S.C. , 7401, et seq.; 22 Federal Water Pollution Control Act, as amended, 33 U.S.C., 12.51, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level 'screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XHI. SEVERABILITY If any provision of this agreement is held invalid, the remainder of the agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect. XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement. 23 XV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XVI. LIVING WAGE REQUIREMENTS A. Subrecipient and its agents shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code Sec96 -19) (Ordinance), if applicable. Compliance includes: a. Paying all covered employees a living wage. Covered employees are all employees, full or part-time, employed in, on, or for the project or matter subject to the agreement, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. b. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. c. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. d. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and /or a grievance with the City's Living Wage Commission, The Grantee has the discretion to terminate this agreement and pursue any other legal remedies if Subrecipient and /or its agents fail to comply with the Ordinance. XVIL DEBARMENT AND SUSPENSION The Subrecipient certifies, by the signing of this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. Assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or Subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR 5. 105 and 570.609. XVM. COMPLIANCE WITH ALL LAWS The Subrecipient agrees that, during the performance of the work required pursuant to this agreement, the Subrecipient and all employees working under its direction, shall strictly comply with all local, state or federal Iaws, ordinances, rules or regulations including but not limited to 24 CFR Part 85, Administrative Requirements for Grants and Cooperative agreement to State, Local and Federally Recognized Indian Tribal Government for controlling or limiting in any way their actions during their said performance of the work required by this agreement. Furthermore, each and every provision of law, and contractual clause required by law to be inserted in this agreement shall be deemed to be 24 inserted 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 physically amended to make such insertion or correction. Failure to comply may result in the City enforcing any remedy set forth in Section 24 CFR Part 85, Section 43. XIX. LAW AND FORUM This agreement shall be governed by and under the laws of the State of New York and the Charter and Code of the City of Buffalo. The parties further agree that Supreme Court of the State of New York, held in and for the County of Erie shall be the forum to resolve disputes arising out of either this agreement or work performed according thereto. The parties waive all other venue or forum selections The parties may agree between themselves on alternative forums. XX. PROHIBITION AGAINST ASSIGNMENT The Subrecipient is prohibited from assigning or otherwise disposing of this agreement or any of its contents, or of its right, title or interest therein, or of its power to execute such contract to any other person or corporation without the previous consent in writing of the Grantee. XXI NON APPROPRIATED FUNDS PROHIBITION This Agreement shall be binding only to the extent that funds have been budgeted by the City on annual basis for the purposes stated herein. The lack of said funds shall not result in or grant to the parties and any rights other than as stated herein. XXII. APPROVALS The parties agree this Agreement is subject to the regulatory approvals listed herein and liability of the parties under this agreement is contingent thereon. XXIH. ENTIlZE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this agreement. 25 above. IN WITNESS WHEREOF, the parties have duly executed this agreement on the date first written CITY OF BUFFALO BY: Byron W. Brown Mayor CITY OF BUFFALO URBAN RENEWAL AGENCY ffig Brendan R. Mehaffy Vice Chair APPROVER AS TO FORM BY: Timothy A. Ball Corporation Counsel APPROVED AS TO FORM BY: Scott C. Billman, Esq. General Counsel Space Below Left Blank for Use by City of Buffalo Audit and Control W STATE OF NEW YORK) COUNTY OF ERIE ) SS: On this day of , 2014, before me the subscriber, personally came , known, who being by me duly sworn, did depose and say that he resides in the City of Buffalo; that he is the Mayor of the City of Buffalo, the municipal corporation described in and which executed the above instrument; and that he signed his name to the foregoing instrument by virtue of the authority vested in him by the laws of the State of New York and the local laws and ordinances of the City of Buffalo. Notary Public STATE OF NEW YORK) COUNTY OF ERIE ) ss.: On the day of , 2014 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /herltheir capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 27 J Exhibits and Attachments: Exhibit A: Program Delivery, Administration /PIanning Activities Exhibit B: Estimate of Staff and Time Commitments to be Allocated to Activities Exhibit C: Requests for Reimbursement Procedure /: Exhibits and Attachments: Exhibit A: Program Delivery, Administration/Planning Activities Exhibit B: Estimate of Staff and Time Commitments to be Allocated to Activities Exhibit C: Requests for Reimbursement Procedure 28 Program Delivery /Admin Activities Activity #1 City of Buffalo CDBG ]Funded Economic Development Activities The City of Buffalo's 2010 -11 through the 2014 -2015 Annual Action Plans (AAP) direct $6,234,700 in CDBG funding to assist with the expansion of existing businesses and the creation of new ones. The Subrecipient/BURA will contract with third parties to administer the Neighborhood Commercial and Business Loan Program, which provides financial assistance to businesses to retain and create employment opportunities for low- and moderate- income residents. BURA shall contract with third parties to assist BURA with due diligence and economic development strategy to manage the economic development portfolio and CFO Solutions Plus to assist with its financial operations. BURA will coordinate with third parties and NYBDC on those activities. BURA will also administer other activities including funding for stabilizing commercial corridors, assistance to the Beverly Gray Business Incubator, and Micro - Enterprise Technical Assistance for food - related businesses, and the Buffalo Building Reuse Project Loan Program. For the City of Buffalo's Economic Development activities, the Subrecipient will provide services for the administration and management of the programs and activities. The individual programs and /or activities are as follows: Activity #2 City of Buffalo CDBG Funded Public Works Projects The City's 2004 -05 through the 2014 -2015 Annual Action Plans direct $14,688,660 million in CDBG funding to upgrade infrastructure and public facilities in targeted City of Buffalo neighborhoods. The Subrecipient will administer the following CDBG funding for the following Public Facilities and Improvements: 1. Street and sidewalk repairs; 2. Park and recreational improvements City of Buffalo parks; and 3. Rehabilitation improvements of public facilities. These activities will be provided in low - and moderate - income neighborhoods and will ensure City of Buffalo capital assets in these neighborhoods are kept in working condition and ensure that facilities used to deliver services in low- and moderate- income neighborhoods remain in good repair. For the City of Buffalo Public Works projects, the Subrecipient will provide services for the administration and management of the following programs and activities: Activity #3 City of Buffalo CDBG Funded Code Enforcement and Clearance Program The 2007 -08 through the 2013 -2014 Annual Action Plans direct funding to code enforcement and clearance activities. This includes the demolition of vacant and abandoned properties to attack neighborhood blight. The Subrecipient will take all necessary steps to administer these activities. As directed by the Grantee, the targeted properties will be part of a coordinated plan approved by the City of Buffalo and confirmed by HUD to be eligible activities. For City of Buffalo Code Enforcement and Clearance Programs, the Subrecipient will provide services for the administration and management of the following programs and activities: Activity #4 City of Buffalo CDBG Funded Down Payment Closing Cost Assistance Program Activity #5 City of Buffalo CDBG Funded Owner Occupied Housing Rehabilitation Program Community Development Block Grant funds for housing programs /activities shall be allocated directly to the Subrecipient for disbursement pursuant to all applicable U.S. Department of Housing and Urban Development regulations. The Subrecipient shall also adminster and manage those programs. The 2004 -05 through the 2014 -2015 Annual Action Plans direct CDBG funds to various housing programs that shall be administered by the Subrecipient. These activities are as follows: 1. down payment and closing cost assistance for first -time homebuyers; 2. acquisition, renovation and resale of existing properties; 3. weatherization; and 4. emergency repairs to allow homeowners to address major systems such as roofs, water or sewer lines, furnaces, hot water tanks, and electrical panels. These activities wiII be provided in low - and moderate - income neighborhoods. The allocations for these individual programs and /or activities to be administered by the Subrecipient and the allocated CDBG funding amounts are as follows: Activity #6 City of Buffalo CDBG Community Crime Prevention/Awareness Initiative The 2011 -12 through 2014 -2015 Annual Action Plans include activities for Crime Reduction/Awareness. Community -based crime prevention programs are operated by neighborhood residents, police, and faith - based organizations.. The City's new Community Crime Prevention Initiative includes the following: • Community policing - a policing approach that promotes and supports strategies to address crime - related problems through police- community partnerships; • Neighborhood Watch - a community mobilization strategy in which citizen groups organize to prevent and report neighborhood crime and disorder; • Comprehensive programs - programs to promote the involvement of local and state governments, the private sector, and neighborhoods to respond to violent crime and drug abuse and improve the quality of life in communities by incorporating multiple approaches; • Ad hoc law enforcement activities related to crime prevention. The development of the Community Crime Prevention Initiative for the target areas was a natural progression of relationship building that emerged out of the Buffalo Good Neighbors' Planning Alliance on community quality of life initiatives. Through dialogue on best practice community planning projects elsewhere in the City, residents have come to understand the importance of community public safety to reversing neighborhood blight. Through the use of Community development Block grant funding we plan to continue the Community Crime Prevention Initiative within the various GNPA's and HUD eligible areas of the city. 4 General Administration/Planning Activities 1. Planning Administration; BURA shall be the primary Subrecipient responsible for administering the City of Buffalo's CDBG entitlement programs as detailed in this Subrecipient Agreement. BURA shall work closely with the Mayor's Office of Strategic Planning (OSP) as weII as the Division of Citizen Services and the departments of Administration, Finance, Policy & Urban Affairs; Community Services & Recreational Programming; Permit & Inspection Services; and Public Works, Parks & Streets. BURA shall coordinate their administration of the Program Activities with OSP and with non- profit housing and public service providers, and offer technical assistance on application packaging and other aspects of the development process. BURA may maintain a contract with third parry to deliver economic development programs across the city unless otherwise directed by the Grantee. BURA may also maintain a contract with third parry to manage the economic development loan portfolio. BURA will administer planning activities pursuant to the 2004 -05 through 2013 -14 Annual Action Plans including community development plans, environmental studies and environmental review of CDBG activities, land use and urban environmental design (Green Code), and policy, planning management and capacity building activities Pursuant to the 2004 -05 through 2014 -2015 Annual Action Plans, BURA will provide Administrative services for the coordination and management of the CDBG Program to meet all regulatory requirements. BURA will also meet all citizen participation requirements for the Annual Action Plan and Consolidated Plan. BURA will also aide the Mayor's Office of Strategic Planning through planning and administrative services for any amendments to the City's Annual Action Plans, the Citizen Participation Plan, or the Consolidated Plan and or the Consolidated Annual Performance & Evaluation Report (CAPER). 2. External Program Implementation If so directed by the Grantee and approved by the BURA Board, BURA shall enter into lower tier subrecipient agreements, consultant agreements and any other agreements deemed by the Grantee to be necessary to effectuate administration and implementation of the programs in this Agreement. BURA shall incorporate into all such agreements all applicable HUD requirements to ensure funding eligibility. BURA shall provide performance monitoring for all lower tier sub - recipients of CDBG funding. The purpose of this monitoring is to ensure that funds are used effectively and as intended. Standards governing monitoring activities are set forth at 24 CFR 570.502 and in HUD's Monitoring Handbook 6509.2, REV -5. BURA shall maintain project files on each federally - funded activity as described herein. Documentation includes a copy of the grant agreement or contract executed between BURA and the Sub- recipient, correspondence, financial reports, monthly reports, reimbursement requests, and records pertaining to monitoring reviews and follow up. On -site monitoring is performed on a regular basis. EXHIBIT B - PERFORMANCE GOALS Note: Streets and sidewalks contain some of the same locations and therefore some duplication of persons asst'd exists. If this work is done under one contract, the projected units will be 35,455 unduplicated persons assisted. verrormance rrolecreo Activity Indicator Projected Units Completion Code Enforcement rerrormance rrolecleo Activity indicator Projected Units Completion Economic Development (CDBG) rerrormance vrolecreo Activity Bus. Asst'd 1 Job Projected Units Completion Yr38 Commercial Corridor Prog. (Main St. Program) Creation* 213 tbd Businesss Incubator & Bus Assist Centers Bus. Asst'd 4 tbd Micro - Enterprise Technical Assistance Bus. Asst'd 4 tbd Program Delivery NIA tbd Yr 39 Buffalo Building Reuse Project Loan Program Jobs Created 31 tbd Program Delivery NIA tbd Program Delivery - Business Loan Prog NIA tbd Section 108 Loan Repayment NIA 201312014 * Note: a three year period is provided for meeting job creation goals. Also, program delivery funds will also be used for Yr 36 & Yr 37 Prior Year Neighborhood Commercial Loan & Facade Programs. verrormance rrofecceo Activity Indicator Projected Units Completion Public Facilities & Infrastructure (CDBG) Amendments Public Facilities Public Fac. 12 201312014 Yr 37 Street Resurfacing Persons 3671 201312014 Yr38 Street Resurfacing Persons 22,786 2093/2014 Sidewalk replacementlADA Ramp Installation Persons 29,724 2013/2014 Park Improvements Public Fac. 9 2013/2014 Public Facility Rehabitltation Public Fac. 3 2013/2014 Program Delivery NIA 201312014 Yr39 ParklPlaygrounds Persons 24941 201312014 Streets /Sidewalks Persons 25000 201412015 Meals on Wheels Buildings Rehab Persons 3250 2013/2014 Program Delivery N/A 201312014 Note: Streets and sidewalks contain some of the same locations and therefore some duplication of persons asst'd exists. If this work is done under one contract, the projected units will be 35,455 unduplicated persons assisted. verrormance rrolecreo Activity Indicator Projected Units Completion Code Enforcement Code EnforcementlClean & Seal Other tbd tbd rerrormance vrolecreo Activity Indicator Projected Units Completion Clearance Yr38 Clearance /Clean & Seal Other tbd tbd Demolition Other 102 2013/2014 Program Delivery NIA 2013/2014 Yr 39 Demolition Other 75 2013/2014 Program Delivery N/A 2013/2014 rerrormance rralemee Activity Indicator Projected Units Completion Housing Yrs 33- Yrs 38 Emergency Rehabilitation Loans Housing Units 100 201312014 Emergency Rehabilitation Loans - NRSA Housing Units 12 201312014 Rehabilitation Loan Contractor NIA 201 312 01 4 CBOINHS Program Delivery NIA 2013/2014 Program Delivery NIA 2013/2014 Weatherization Housing Units 30 2013/2014 Yr39 Emergency Rehabilitation Loans Housing Units 26 2014/2015 Rehabilitation Loan Contractor NIA 2014/2015 CBOINHS Program Delivery NIA 201412015 Program Delivery N/A 2014/2015 EXHIBIT C - STAFFING Salaries will fund the positions listed below. The percentage of time charged and positions listed to CDBG are an estimate. Staff will complete Cost Allocation Reports on a Bi- Weekly Basis. The CDBG Program will be charged for actual hours worked on CDBG activities. From time to time, staff may work on activities outside the division for which they are assigned to and may work on more than one HUD Grant Program. Program Delivery Services Activity 1: Program Delivery -- Economic Development 100% CDBG Activity 2: Program Delivery -- Public Facilities & Improvements BURA Atchitect/Engineer 100% CDBG Activity 3: Program Delivery — Code Enforcement & Clearance Demolition Coordinator 95% CDBG Senior Administrative Assistant 100% CDBG Activity 4: Program Delivery — Downpayment Closing Cost Assistance Activity 5: Program Delivery — Rehabilitation Administration Director of Housing (BURA) 55% CDBG Clerical Technician 68% CDBG Assistant Grants Monitor 10% CDBG Loan Specialist Aide 100% CDBG Loan Clerk Specialist 100% CDBG Supervisor of Building Construction 50% CDBG Activity 6 -- Community Crime Prevention/Awareness Initiative Coordinator 100% CDBG Planning Director of Planning 100% CDBG Senior Planning Systems Analysts 100% CDBG Planner III 100% CDBG Community Planner (3) 100% CDBG General Planner (2) 100% CDBG Land Use Coordinator 50% Administration Special Projects Manager 70% CDBG Internal Auditor 87% CDBG Accountant 100% CDBG Payroll Manager 80% CDBG BURA Legal Counsel 70% CDBG Legal Assistant 99% CDBG Real Estate Manager 5% CDBG Environmental Engineer 90% CDBG Fair Housing & Section 3 Compliance Officer 100% CDBG Receptionist 100% CDBG Senior Administrative Assistant (Dept. Community Services) 100% CDBG Senior Grant Monitor /Accounting Supervisor 77% CDBG Senior Computer Operator 100% CDBG Director of Administration 70% CDBG 2 ADDENDUM TO AGREEMENT The parties agree that the following terms and provisions shall be incorporated into the Agreement as if fully stated therein: 1. From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. 2. If additional requirements not in effect at the time of execution of this Agreement are subsequently required by the City in order to process requests for reimbursements and /or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change, the requirements in effect at the time of the execution of this Agreement, or which were later amended through notice to the Subrecipient pursuant to this provision, .shall be followed by the parties. above. IN WITNESS WHEREOF, the parties have duly executed this addendum on the date first written CITY OF BUFFALO I 0 -ra Ir • APPROVED AS TO FORM Byron W. Brown Timothy A. Ball Mayor Corporation Counsel CITY OF BUFFALO URBAN RENEWAL AGENCY APPROVED AS TO FORM BY: BY: Brendan R. Mehaffy Scott C. Billman, Esq. Vice Chair General Counsel AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY ADMINISTRATION AND IMPLEMENTATION OF THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM September , 2014 HOME Investment Partnerships Program CFDA 14.239 DRAFT for 2013 updated regs - September 11, 2014 Page 1 Table of Contents I. SCOPE OF SERVICES 1' A. Use of the HOME Funds B. Schedule — C. Budget— D. Period of the Agreement— Il. PROGRAM INCOME III. UNIFORM ADMINISTRATIVE REQUIREMENTS IV. OTHER PROGRAM REQUIREMENTS V. AFFIRMATIVE MARKETING VI. REQUESTS FOR DISBURSEMENT OF FUNDS VII. REVERSION OF ASSETS VIII. RECORDS AND REPORTS IX. ENFORCEMENT OF THE AGREEMENT X. RESERVED — [ SUBCONTRACTING XI. GENERAL ADMINISTRATION A. Levels of Accomplishment — Goals and Performance Measures - B. Staffing C. Performance Monitoring xi 1. RECAPTURE AND REALLOCATION OF SUBRECIPIENT'S ALLOCATION OF FUNDS XIII. PAYMENT XIV. NOTICES XV. SPECIAL CONDITIONS XVI. GENERAL CONDITIONS A. General Compliance B. "Independent Contractor" C. Indemnification D. Workers' Compensation and Disability Benefits Insurance E. General Liability Insurance F. Insurance & Bonding G. Grantee Recognition H. Amendments XVII ADMINISTRATIVE REQUIREMENTS A. Financial Management B. Documentation and Record Keeping C. Reporting and Payment Procedures D. Procurement E. Use and Reversion of Assets XVIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE- FOR -ONE HOUSING REPLACEMENT DRAFT for 2013 updated regs - September 11, 2014 Page 2 XIX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights B. Affirmative Action C. Employment Restrictions D. Conduct XX. ENVIRONMENTAL CONDITIONS A. Air and Water B. Flood Disaster Protection C. Lead -Based Paint D. Historic Preservation XXI. SEVERABILITY XXII. SECTION HEADINGS AND SUBHEADINGS XXIII. WAIVER XXIV. LIVING WAGE REQUIREMENTS XXV. DEBARMENT AND SUSPENSION XXVI. COMPLIANCE WITH ALL LAWS XXVII. LAW AND FORUM XXVII. PROHIBITION AGAINST ASSIGNMENT XXIX. ENTIRE AGREEMENT Exhibit Al -- Scope of Services — Program Delivery • Activity* 1 — Owner Occupied Housing Rehabilitation Programs (including Contract Management) • Activity # 2 — Multi - family Rental Housing Development — Rehabilitation and New Construction • Activity # 3 — Housing Acquisition/Rehab/Resale Program (including Contract Management) • Activity # 4 — New Construction Homebuyer Program • Activity # 6 — Community Housing Development Organization (CHDO) Operations Exhibit A2 - General Administration — • Activity # 1 -- Certification and Recertification of Community Housing Development Organizations (CHDOs) • Activity # 2 — Coordination of the Environmental Review Process in cooperation with the Office of Strategic Planning • Activity # 3 — Coordination of Site and Neighborhood Standards Reviews in cooperation with the Office of Strategic Planning (new construction of multi- family rental housing only) • Activity # 4 — HOME Program Compliance Monitoring — Rental and Homebuyer Housing • Activity # 5 — Coordination of URA Acquisition and Relocation actions as applicable. • Activity # 6 — Management of the HOME loan portfolio and the return of Program Income to the Grantee • Activity # 7 — Management of the HOME program timeliness deadlines, including the two -year commitment and five or four year expenditure deadlines, as applicable. • Activity # 8 — HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews • Activity # 9 - Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) DRAFT for 2013 updated regs - September 11, 2014 Page 3 Exhibit A3 - General Program Requirements Compliance with New HOME Regulations ■ Use of CPD Monitoring Guides - handbook 6509.2 (Chapter 7) and Monitoring HOME Program Performance (HUD 2030 -CPD, October 2000) = Periods of Affordability ■ Income Targeting a Income Determinations Exhibit B —Scope of Services -- Budget and Staffing Exhibit C — Other Program Requirements Exhibit D — Affirmative Marketing Policies and Procedures Exhibit E — Records to be Maintained Exhibit F - Request for Disbursement of Funds Procedure Attachment A -PR27 — IDIS Attachment B - Consolidated Plan and Annual Action Plan Goals and Performance Measures Attachment C -The Request for Proposal Process — HOME Program Funds Attachment D -HOME Project Underwriting — Minimum File Requirements - HOME Program Attachment E -2012 GUIDE FOR LANDLORDS Attachment F - Open Encumbered Activities DRAFT for 2013 updated regs - September 11, 2014 Page 4 AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY FOR ADMINISTRATION OF THE HOME INVESTMENT PARTNERSHIPS {HOME) PROGRAM THIS AGREEMENT, entered this day of September, 2014 by and between the CITY OF BUFFALO, a municipal corporation having its principal office located at 65 Niagara Square, Buffalo, New York 14202 (herein called the "Grantee ") and the City of Buffalo Urban Renewal Agency ( "BURA ") with offices at 65 Niagara Square, Room 920, Buffalo, New York 14202 (herein called the "Subrecipient "). WHEREAS, the United States Government, in accordance with the HOME Investment Partnerships Program (the "Program "), authorized by Title II of the Cranston- Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12701- 12839) (hereinafter referred to as the "Act ") recognized the need to supplement private and public spending for housing in the nation's metropolitan centers and to expand the supply of decent and affordable housing, particularly rental housing, for low and very low income Americans and; WHEREAS, the Grantee is the recipient of HOME Investment Partnerships Program Funds from the U.S. Department of Housing and Urban Development (HUD) under Catalogue of Federal Domestic Assistance No. 14.239, and the Grantee receives these funds under the Act and Regulations promulgated pursuant thereto (hereinafter referred to as the "Regulations "), in the form of a grant to support various community level programs and strengthen its ability to design and implement strategies for achieving an adequate supplies of decent, affordable housing; and WHEREAS, HUD has directed the Grantee to enter into a Subrecipient Agreement with BURA prior to any disbursement of HOME funds to BURA on behalf of the City of Buffalo; WHEREAS, BURA is designated by the Grantee as the Subrecipient of HOME funds and as the administrator of the HOME Program on behalf of the City of Buffalo; and WHEREAS the designation of BURA as the administrator of the HOME Program was approved by the Common Council at its meeting on , and WHEREAS the BURA Board has accepted this designation at its meeting on and has agreed to ensure the implementation of programs and management of projects eligible under the Act, and to administer said grant in accordance with the Regulations; NOW, THEREFORE, the Grantee and the Subrecipient do mutually agree, inconsideration of the covenants, terms and conditions contained herein as follows: Definitions ■ BURA - is hereby defined as the City of Buffalo Urban Renewal Agency, a designated Subrecipient and administrator of the HOME Program on behalf of the City of Buffalo. The term "Approval by the City" or "Approval by BURA" or like term used in this Agreement shall in no way relieve the Subrecipient from any duties or responsibilities under the terms of this Agreement, or obligation State or local law or regulation. ■ DIRECTOR - is hereby defined as the Executive Director of the City of Buffalo Office of Strategic Planning. ■ HUD — is hereby defined and the U.S. Department of Housing and Urban Development WORK - is hereby defined as all the administrative, professional, technical and program management services to be rendered or provided by the Subrecipient as described herein. DRAFT for 2013 updated regs - September 11, 2014 Page 5 HOME - is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92 and amendments, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. ■ PROGRAM INCOME — is defined as gross income received by the Subrecipient directly generated from the use of HOME funds or matching contributions. When program income is generated by housing that is only partially assisted with HOME funds or matching funds, the income shall be pro- rated to reflect the percentage of HOME funds used. Program income includes proceeds from the disposition by sale of real property constructed with HOME funds or matching contributions. SCOPE OF SERVICES A. Use of the HOME Funds HOME funds provided under this contract will support staffing for the delivery of housing programs, administrative services, and program funding. The Subrecipient will be responsible for program deliverV and administration of HOME Program activities rovided in the City of Buffalo Annual Action Plans covering the period of May 1 2008 through September 30 2015 (City HOME Programs) in a manner satisfactory to the Grantee and consistent with any federal regulations and standards required as a condition of providing these funds. Funds will be used as specified within the Annual Action Plans for each year covered under this contract. The Annual Action Plans identify the funding amounts and uses for specific programs and activities (affordable rental or homeowner housing development, owner occupied housing rehab, CHDO projects and operating reserves, administration), the number of housing loans to be provided or minimum rental or homeownership units to be created, a budget for each program and the anticipated completion dates. The Subrecipient will follow the guidelines provided within the Office of Strategic Planning Housing Programs, Policies and Procedures Guidebook in the delivery and administration of HOME programs and projects funded under this Agreement. In the event that there is any inconsistency between the Guidebook and the HOME regulations, the regulations will be followed. The City of Buffalo will disburse funds to BURA as Subrecipient for release to eligible third parties including for - profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will comply with the requirements of 24 CFR 92.504 as appropriate. The Subrecipient will be responsible for the disbursement of funds for eligible HOME activities, including all Open HOME activities noted in Attachment F, and all new activities funded under the Annual Action Plan projects cited in this Agreement. BURA will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee, The City HOME Programs include the following activities eligible and tasks as allowed or required under the Regulations: Program Delivery - Programs and Related Tasks are fully described in Exhibit Al. ■ Activity # 1 — Owner Occupied Housing Rehabilitation Programs (including Contract Management) ■ Activity # 2 — Multi - family Rental Housing Development — Rehabilitation and New Construction ■ Activity # 3 — Housing Acquisition /Rehab /Resale Program (including Contract Management) ■ Activity # 4 — New Construction Homebuyer Program ■ Activity # 5 — Community Housing Development Organization (CH DO) Operations General Administration - General Administration Tasks are fully described in Exhibit A2 ■ Activity # 1 - Certification and Recertification of Community Housing Development Organizations (CHDOs) DRAFT for 2013 updated regs - September 11, 2014 Page 6 • Activity # 2 — • Activity # 3 — • Activity # 4 -- • Activity # 5 — - Activity # 6 — Coordination of the Environmental Review Process in cooperation with the Office of Strategic Planning Coordination of Site and Neighborhood Standards Reviews in cooperation with the Office of Strategic Planning (new construction of multi - family rental housing only) HOME Program Compliance Monitoring - Rental and Homebuyer Housing Coordination of URA Acquisition and Relocation actions as applicable. Management of the HOME loan portfolio and the return of Program Income to the Grantee • Activity* 7 — Management of the HOME program timeliness deadlines, including the two -year commitment and five or four year expenditure deadlines, as applicable. • Activity# 8— HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews . • Activity # 9 - Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) B. Schedule — the Subrecipient will provide for delivery and administration of these programs for the as of the date of execution of this Agreement through September 30, 2016 C. Budget -- See Exhibit B for Budget and Staffing Details — Total funds available to be disbursed by BURA for HOME Program Activities, not including future program income is $19,764,772.03 as per the IDIS PR27 Report dated September 4, 2014 (Attached as Attachment A) Detailed budgets are presented in the Annual Action Plans for each year. Disbursements FisCal Yea Total A Disbursed Grant Balanc 20 07 $4,789, 599,687 00 545 00 $4,648,565.31: $140,980.69 — ..,.. 2008 $4 , $4 _ $0 .00 � i 2009 $5,08 1,876.00 i $4,262,810.96 $1,045,5 2010 $ 5,073,088.00 - $1,3 97,476.70 $3, y 2011 $4,476,638.0 $388, $4,079,958.86 .....- ........ . ....... .. ...... ..... _ ...... _.....,_,..,...... ._... _..._ - - 2012 $2,772,819.00 $0.00 $2,772,819.00 2013 Balance to be Disbursed - Prior Agreement $11,7 Program Years $0.00 $2,627,890.00 I Total _ $29,421,544.00 $91, 792,846.27 $14,342,770.03 [ See PR27 - Sep 4, 2014 2014 $2,711,001.00 $2,711,001.00 Grant Agreement Not Yet Finalized 2015 $2,711,001.00 $2,711,001.00 Projected Award for 2015 $34,843,546.00 $19,764,772.03 Total Disbursements to BURA TOTAL PROJECTED AUTHORIZATIONS THROUGH 2015 -2016 PROGRAM YEAR The total allocation awarded to BURA for administration, operations and housing programs for all open years ending with the 2015 allocation is $19,764,772.03, including funds of $1,134,564.53 identified for administrative and operating expenses not including Program Income. DRAFT for 2013 updated regs - September 11, 2014 Page 7 In addition to the funds remaining to be disbursed for program years 2008 -2012 as previously allocated to BURA, the total HOME allocations for 2013, 2014 and 2015 (Projected) cited in the Annual Action Plans are also awarded to BURA as follows: Fiscal Year Total Authorization Grant Balance 2013 $2,627,890.00 $2,627,890.00 See PR27 - September 4, 2014 2014 $2,711,001.00 $2,711,001.00 Grant Agreement Not Yet Finalized 2015 $2,711,001.00 $2,711,001.00 Projected Award for 2015 $8,049,892.00 $8,049,892.00 HOME Program Activities 2,013 2,014 2015 Program Delivery / Admin 262,789 271,100 TBD Owner Occupied Rehab Loan Program (HOME) 1,000,000 1,000,000 TBD Rehabilitation - CHDOs (CHDO Activities) 394,184 406,650 TBD Rehabilitation - CHDOs (CHDO Operating) 131,395 135,550 TBD Rental Rehab or New Construction - Multi Family Rental 839,523 897,701 TBD TOTAL ALLOCATION 2,62 7,890 2,711,001 TBD Complete information regarding the Use of HOME funds awarded through these allocations is provided in Exhibit B, the Annual Action Plans, including amendments and the Consolidated Annual Performance and Evaluation Reports (CAPERs). Information provided includes the amounts and uses for specific programs and activities, the number of housing projects funded or loans made or projected, and any requirements for matching contributions, the tasks to be performed, a schedule for completion and a budget for each program. •3 Contract services may include legal services, Technical Assistance and Financial Accounting Services. 4- Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. ❖ Requests for modification across budget class items or to add budget cost categories should be submitted in writing to the Executive Director of Strategic Planning (Director). Such modifications shall result in no change in the total amount or the terms of this contract. The last budget modification must be submitted on or before fifteen (15) days prior to the end of the contract term unless otherwise directed by the Director. The Director will decide in his/her sole discretion whether such modification will be allowed based on regulatory and budgetary requirements. �:• BURA may propose revisions to the budget and the transfer of funds between annual action plan line items (for example, from owner - occupied housing into major rental projects) to ensure compliance with HOME commitment deadlines and OSP priorities. Such budget revisions will be effective upon approval of the Executive Director of OSP and the Commissioner of Admin and Finance. OSP will file an amendment to the Annual Action Plan to reflect all transfers that meet the criteria for a Substantial Amendment as defined by the Citizens Participation Plan. Rolling over funds from unencumbered project balances from one year to subsequent years for similar activities within the same target area does not constitute a substantial change. DRAFT for 2013 updated regs - September 11, 2014 Page 8 tro In the event funds are not yet available from the United States Department of Housing and Urban Development (HUD) for the City to reimburse BURA for salaries and benefits incurred under the Agreement, the City shall pay those expenses from prior year funding sources identified as for BURA payroll subject to receipt by the City of all necessary documentation it deems necessary to pay those expenses. [ Matrix Code 21H - HOME Administration /Planning Cost of PJs (subject to 10% Administration Cap) Costs allowed under this agreement-include reasonable costs of overall program administration, management, coordination, monitoring, and evaluation as defined by 24 CFR 92.207. Such costs include, but are not limited to, necessary expenditures for the following: 1. Staff and overhead costs incurred in the administration of the HOME Program 2. Travel costs incurred for official business in carrying out the program; 3. Administrative services performed under third party contracts or agreements, including such services as general legal, architectural, engineering, accounting, environmental, real estate brokerage, and audit services; 4. Other costs for goods and services required for administration of the program, including such goods and services as rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space; 5. Staff and overhead costs directly related to carrying out the project, such as work specifications preparation, loan processing, inspections, and other services related to assisting potential owners, tenants, and homebuyers; . 6. Staff and overhead costs directly related to providing advisory and other relocation services to persons displaced by the project, including timely written notices to occupants, referrals to comparable and suitable replacement property, property inspections, counseling, and other assistance necessary to minimize hardship. These costs may be charged as administrative costs or as project costs under § 92.206 (d) (6) and (f) (2), at the discretion of the Grantee. 7. Public information. The provision of information and other resources to residents and citizen organizations participating in the planning, implementation, or assessment of projects being assisted with HOME funds. 8. Fair housing. Activities to affirmatively further fair housing in accordance with the participating jurisdiction's certification under 24 CFR Part 91. 9. Indirect Costs. Indirect costs may be charged to the HOME program under a cost allocation plan prepared in accordance with OMB Circulars A -87 or A -122 as applicable. 10. Preparation of the consolidated plan required under 24 CFR part 91. Preparation includes the costs of public hearings, consultations, and publication. 11. Other Federal requirements. Costs of complying with the Federal requirements in subpart H of this part. Project - specific environmental review costs may be charged as administrative costs or as project costs in accordance with § 92.206(d) (8), at the discretion of the participating jurisdiction. D. Period of the Agreement — Services of the Subrecipient shall commence on October 1, 2014 and end on the 30th day of September, 2015.. The Agreement shall remain in effect during any period that the Subrecipient has control of HOME assets, defined as program income, receivables and real or personal property funded through the HOME Program. The Grantee and Subrecipient may mutually agree to extend the term of this agreement and the provisions herein to cover any additional time period during which the Subrecipient is responsible for reporting or compliance measures or remains in control of HOME funds or other assets, including program income. DRAFT for 2013 updated regs -September 11, 2014 Page 9 In addition, the parties may agree to extend the term of this agreement for an additional one 1)year term to include the 2015.2016 Program Year. Any extension under this section is subject to any and all approvals required by the City of Buffalo. The expenditure of HOME funds is subject to Federal deadlines and could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the Subrecipient that activities will be completed as expeditiously as possible and that the Subrecipient will make every effort to ensure that activities will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds. This agreement may be extended annually for additional one year terms upon the mutual agreement of the parties. 11. PROGRAM INCOME The Subrecipient is not permitted to retain HOME program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with HOME Regulations. Any existing HOME Program Income of BURA shall be remitted to the Grantee upon execution of this agreement. The Subrecipient shall return all future program income generated by HOME Program activities undertaken at any time since the inception of the HOME program but prior to the execution of this agreement to the Grantee on a monthly basis for redistribution by the Grantee. The Subrecipient agrees that any HOME program income on hand when the agreement expires or received after such expiration shall be returned to the Grantee as required by the HOME Regulations. Program income includes, but is not limited to: • Proceeds from the sale or long -term lease of real property acquired, rehabilitated or constructed with HOME funds or matching contributions; • Income from the use or rental of real property owned by a PJ, state recipient or subrecipient that was acquired, rehabilitated or constructed with HOME funds or matching contributions, minus the costs incidental to generating that income; • Payments of principal and interest on loans made with HOME or matching funds, and ■ proceeds from the sale of loans or obligations secured by loans made with HOME or matching contributions; Interest on program income; Program Income (PI) returned to the Grantee will be reallocated to BURA for payment of eligible expenses as allowed under 24 CFR 92. The Grantee may allocate 10% of program income for Administrative Expenses and will establish a subfund for Program Income Admin as provided by HUD Guidance released in December, 2012. BURA shall identify the Program Income to the Grantee with sufficient detail to enable the Grantee to properly receive, record and disburse funds pursuant to the regulations. Program Income shall be returned to the Grantee within 45 days of the end of the month during which such income was collected. Recaptured Funds NOTE - Any amount recaptured as a result of a homebuyer property being sold within the affordability period must be used for HOME projects in accordance with all HOME rules. Recaptured funds. are a return of original HOME investment and are technically not program income. Therefore, unlike program income, 10 percent of recaptured funds cannot be used for planning and administrative costs. 111. UNIFORM ADMINISTRATIVE REQUIREMENTS The Subrecipient shall administer its program in conformance the applicable uniform administrative requirements at 24 CFR 92.505, specifically, with OMB Circulars A -87, "Cost Principles for State, Local and Indian Tribal Governments ". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. DRAFT for 2013 updated regs - September 11, 2014 Page 10 In addition, the Subrecipient shall also comply with the following provisions of 24 CFR Part 85 that are applicable to Governmental Entities acting as Subrecipients under the HOME Program - ■ 85.6 Additions and exceptions ■ 85.12 Special grant or subgrant conditions for "high risk" grantees ■ 85.20 Standards for financial management systems ■ 85.22 Allowable costs ■ 85.26 Non - federal audit ■ 85.32 Equipment ■ 85.33 Supplies ■ 85.34 Copyrights ■ 85.36 Procurement ■ 85.44 Termination for convenience ■ 85.51 Later disallowances and adjustments ■ 85.52 Collection of amounts due IV. OTHER PROGRAM REQUIREMENTS The Subrecipient will ensure that all activities and programs identified in the Scope of Services are carried out in compliance with all Federal laws and regulations as required under 24 CFR 92 Subpart H. (Other Federal Requirements) as follows - 24 CFR 92.350 -Other Federal Requirements a. The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to participants in the HOME program. The requirements of this.subpart include: nondiscrimination and equal opportunity; disclosure requirements; debarred, suspended or ineligible contractors; and drug -free workplace. b. The nondiscrimination requirements at section 282 of the Act are applicable. These requirements are waived in connection with the use of HOME funds on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 Stat.108). 24 CFR 92.351 - Affirmative Marketing; Minority Outreach Program 24 CFR 92.352 Environmental Reviews — the Subrecipient will ensure that the Grantee has completed the Environmental Review Process as required under 24 CFR Part 58 and that no funds are committed to a HOME activity or project before completion of the environmental review and approval of the request for release of funds. 24 CFR 92,353 -Displacement, Relocation, and Acquisition 24 CFR 92.354 - Labor 24 CFR 92.355 - Lead -based paint 24 CFR 92.356 - Conflict of Interest 24 CFR 92.358 - Consultant Activities Additional information regarding these requirements is Attached as Exhibit C V. AFFIRMATIVE MARKETING The Subrecipient will ensure that affirmative marketing activities proposed or undertaken for all rental and homebuyer activities and programs that will contain 5 or more HOME - assisted housing units are consistent with the City of Buffalo Affirmative Marketing Plan (see Exhibit D for additional information). DRAFT for 2013 updated regs - September 11, 2014 Page 11 V1. REQUESTS FOR DISBURSEMENT OF FUNDS As provided in Exhibit G (attached hereto), the City of Buffalo will release funds to BURA as Subrecipient for disbursement to eligible third parties. This disbursement process applies to all activities cited In the Scope of Services, including Activity # 8 relating to IDIS and disbursements thereunder. BURA may not request that funds be disbursed by the Grantee under this agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Program income must be disbursed before new HOME funds are drawn. The City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including for - profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92, and for eligible administrative and operating expenses. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will ensure compliance with the requirements of 24 CFR 92.504. Administrative and Program Delivery Funds - It is expressly agreed and understood that the total amount to be paid by the Grantee for administrative costs and expenses of the subrecipient under this agreement shall not exceed $1,213,984.62. Drawdowns for the payment of eligible administrative costs and expenses shall be made against the line item budgets specified in Section 1 herein and in accordance with performance. The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a monthly basis. The Subrecipient shall submit duly executed vouchers upon forms which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shall be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. Payroll Notwithstanding the above paragraphs covering payment of general expenses, payment of Subrecipient salaries and wages shall be made on a bi- weekly basis in accordance with Section 18.2 of the Collective Bargaining Agreement between the Subrecipient and Local 815. In the event that the regularly scheduled day of payment is a holiday, payment shalt be made upon the day preceding. Program and Project Funds — The Subrecipient will be responsible for the disbursement of funds for specific HOME activities as provided in this Agreement and will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee. HOME funds for eligible expenses for program and project activities will be provided directly to owners, developers, sponsors, CHDOs, and for - profit and not - for - profit entities by the Subrecipient unless otherwise indicated in this Agreement. Program funds available for HOME activities and projects shall not exceed $19,764,772.03, not including Program Income and as adjusted to correct the 2015 HOME award currently estimated to be $2,711,041.. Project expenses shall be paid by the Grantee based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted to the Grantee through the Office of Strategic Planning on forms specified by the Grantee with adequate and proper documentation of eligible costs incurred in compliance with 92.206 and necessary for HUD IDIS disbursement requirements. All such expenses shall be in conformance to an approved project. budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. Disbursement of Funds a) HOME funds are issued only as advances for, or reimbursement of, eligible project expenses incurred according to an approved project budget. HOME funds disbursed for verified allowable construction or construction- related expenses for DRAFT for 2013 updated regs - September 11, 2014 Page 12 any unit shall not exceed the maximum HOME subsidies per unit allowed under 24 CFR 92, or the actual total rehab or development cost of the HOME - assisted units, whichever is lesser. Draw requests must documented by submission of an AIA form or Progress Payment request. Draws for projects other than owner - occupied housing rehab may be subject to standard retention provisions as detailed in the specific HOME Agreement for such Projects. If any funds are due based on this Agreement, the Grantee agrees to issue such funds within a reasonable time after inspection and approval by BURA. A final invoice shall be submitted upon completion. Final payment shall be made after BURA has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, b) The City of Buffalo and/or BURA shall have the right to review and audit all records pertaining to any payment by the Grantee. Said records shall be maintained for a period of five years after completion and final payment. VII. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient must transfer to the Grantee any HOME funds on hand at the time of expiration, and any accounts receivable attributable to the use of HOME funds. The use and disposition of real property and equipment under this agreement shall be in compliance with the requirements of 24 CFR Part 85 and 24 CFR 92 as applicable, In all cases in which equipment acquired, in whole or in part, with funds under this agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this agreement shall be (a) transferred to the Grantee for the HOME program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non -HOME funds used to acquire the equipment]. VIII. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 92.508 that are pertinent to the activities to be funded under this agreement. Such records shall include but not be limited to records identified in Exhibit E as the responsibility of the Subrecipient. Progress Reports and Other Reports Subrecipient hereby agrees to provide in a timely manner all necessary progress reports and other reports required by Grantee on forms to be provided by Grantee. This will include the submission of monthly or quarterly reports to track the progress of its activities and programs identified in Exhibit A and the status program or project funds. IX. ENFORCEMENT OF THE AGREEMENT If the Subrecipient materially fails to fully perform and carry out any of the terms, covenants, and conditions of this agreement, and more particularly if the Subrecipient refuses or fails to administer the HOME program with such diligence as will ensure compliance with the HOME regulations the Subrecipient shall be in default and notice in writing shall be given to the Subrecipient of such default by the Grantee. If the Subrecipient fails to cure such default within such time as may be required by such notice, the Grantee at its option terminate and cancel the contract. In the event of such termination all funds awarded to the Subrecipient pursuant to this agreement shall be immediately revoked and any related approvals shall immediately be deemed revoked and canceled. In such event, the Subrecipient will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the funds will no longer be available under this agreement. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. DRAFT for 2013 updated regs -September 11, 2014 Page 13 In accordance with 24 CFR 85.43 and 85.44, the Grantee may suspend or terminate this agreement if the Subrecipient materially fails to comply with any terms of this agreement, which include (but are not limited to) the following; 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this agreement; 3. Ineffective or improper use of funds provided under this agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this agreement may be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The Grantee will utilize guides provide in the CPD Monitoring Handbook 6509 Rev 6 Chg 1 (Chapter 7) and revisions, and Monitoring HOME Program Performance (HUD -2030 -CPD, October 2000) to ensure acceptable performance by the Subrecipfent in the delivery of housing programs and administrative activities and certify compliance with HOME regulations. X. RESERVED — [ SUBCONTRACTING ] XI. GENERAL ADMINISTRATION D. Levels of Accomplishment -- Goals and Performance Measures - The levels of accomplishment to be used in reporting are housing units created or rehabilitated and persons or households assisted, The Subrecipient shall also track funds leveraged from other non -HOME sources for multi - family housing development projects and homebuyer activities. The Subrecipient agrees to provide program services as detailed in the Program Delivery Activities described in Exhibits Al and A2 which contain specifics as to deliverables required of the Subrecipient. The HOME Program goals and performance measures are more fully described and listed in each of the City's Annual Action Plans and are summarized in the Attachment A. The Grantee shall require documentation and reporting from the Subrecipient to support the completion of these activities. The Subrecipient will report the accomplishments for the activities listed in Exhibit Ain HUD's Integrated Disbursement Information System (IDIS). E. Staffing A list of primary staff assigned to the Housing Programs and activities specified in Section I (Scope of Services) is attached as Exhibit B. Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to the prior approval of the Director. F. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards for program and project activities as stated above as well as the General Administration tasks as provided herein.. Substandard performance as determined by the Grantee will constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time (not to exceed DRAFT for 2013 updated regs - September 11, 2014 Page 14 thirty days) after being notified by the Grantee, contract suspension or termination procedures will be initiated. The Grantee will monitor the performance of the Subrecipient based on goals and performance standards as stated above along with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the Grantee will constitute noncompliance with this agreement. The Subrecipient agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the Grantee, or the Grantee's internal auditor(s) access to all records related to performance of activities in this agreement. XIl. RECAPTURE AND REALLOCATION OF SUBRECIPIENT'S ALLOCATION OF FUNDS If Subrecipient fails to ensure the expenditure of program or project funds with regard to the goals, or the completion of administrative tasks, according to the terms of this Agreement, the, Grantee at its sole discretion may recapture a portion or the entire Subrecipient's total funding allocation. The portion recaptured will be equal to Grantee's estimate of the amount of funds that would be needed to ensure completion of the work according to the projected schedule. Xlll. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement shall not exceed $17,953,771.43 for all open program years including 2014, plus an additional $2,711,001 as the estimated award for 2015, for a total amount of $19,764,772.03 not including Program Income. This amount shall be adjusted upon confirmation of funding for 2015. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Section I herein and in accordance with performance. Any payments related to the 2015- 2016 Program Year would be subject to the extension of this agreement or the execution of a successor agreement for the 2015 -2016 Program Year. The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a monthly basis. The Subrecip €ent shall submit duly executed vouchers upon forms which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shall be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. XIV. NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: City of Buffalo 65 Niagara Square Buffalo, NY 14202 Attention: City of Buffalo Corporation Counsel I_R`I City of Buffalo Urban Renewal Agency 65 Niagara Square 920 City Hall Buffalo, New York 14202 Attention: BURA General Counsel XV. SPECIAL CONDITIONS DRAFT for 2013 updated regs - September 11, 2014 Page 15 This Section Intentionally Left Blank DRAFT for 2013 updated regs - September 11, 2014 Page 16 The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance as applicable. If directed by the Grantee, the Subrecipient shall maintain a performance bond to secure fulfillment of all the Subrecipient's obligations under the Agreement, up to the amount of Subrecipient's administration budget contained in this Agreement. The Grantee may also require additional protections to insure performance. Reasonable written notice of the requirement of a performance bond or other assurances of performance shall be provided to the Subrecipient. G. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this agreement. H. Amendments The Grantee or Subrecipient may amend this agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this agreement. The Grantee may, in its discretion, amend this agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. XVII ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 92,505 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A -87, "Cost Principles for State, Local and Indian Tribal Governments ". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping The Subrecipient shall document project and participant eligibility and shall maintain all records required by the Federal regulations specified in 24 CFR 92.508 that are pertinent to the activities to be funded under this agreement. Such records shall include but not be limited to records identified in Exhibit E as the responsibility of the Subrecipient. 1. Client Data - The Subrecipient shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate - income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. Annual income shall be determined as defined in 24 CFR Part 5 for Homeownership programs. For rental projects, BURA will determine which definition to use on a project by project basis as allowed under 92.203(c). DRAFT for 2013 updated regs - September 11, 2014 Page 17 2. Project Requirements The Subrecipient will ensure compliance with 24 CFR Subpart F as applicable for the type of project assisted, and will maintain documentation regarding — a. the minimum and maximum per unit subsidy b. Project underwriting (as applicable) and subsidy layering c. property standards applicable to the project or activity d. term of the affordability period e. rental project requirements, including: i. fixed and floating units ii. occupancy by low income households iii. tenant selection and termination of tenancy iv, initial rents and utility allowances v. HOME rent limits and guidance on rent adjustments vi. prohibited lease terms vii. over - income tenants vili. conversion of rental units to homeownership, as applicable f, homeownership project requirements, including: i. eligible households ii. eligible properties, including types of properties, property values and purchase price iii. principal resident requirement iv. application of resale or recapture requirements 3. Retention All records pertaining to each fiscal year of NOME funds must be retained for the most recent five year period, except as provided below. a. For rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. b. For homeownership housing projects, records may be retained for five years after the project completion date, except for documents imposing recapture /resale restrictions which must be retained for five years after the affordability period terminates. c. For tenant -based rental assistance projects, records must be retained for five years after the period of rental assistance terminates. d. Written agreements must be retained for five years after the agreement terminates. e. Records covering displacements and acquisition must be retained for five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with § 92.353. f. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the DRAFT for 2013 updated regs - September 11, 2014 Page 18 administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the laws of the State of New York and Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. The Subrecipient shall notify Grantee of receipt of any FOIL requests within three (3) business days of the receipt by Subrecipient of same. 5. Close -outs The Subrecipient's obligation to the Grantee shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this agreement shall remain in effect during any period that the Subrecipient has control over HOME funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A -133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient is not permitted to retain HOME, program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with HOME Regulations. Any existing HOME Program Income of BURA shall be remitted to the Grantee upon execution of this agreement. The Subreciplent shall return all future program income generated by HOME Program activities undertaken at any time since the inception of the HOME program but prior to the execution of this agreement to the Grantee on a monthly basis for redistribution by the Grantee. The Subrecipient agrees that any HOME program income on hand when the agreement expires or received after such expiration shall be returned to the Grantee as required by the HOME Regulations. Program Income (PI) returned to the Grantee will be reallocated to BURA for payment of eligible expenses as allowed under 24 CFR 92 The Grantee may allocate 10% of program income for Administrative Expenses and will establish a subfund for Program Income Admin as provided by HUD Guidance released in December, 2012. BURA shall identify the Program Income to the Grantee with sufficient detail to enable the Grantee to properly receive, record and disburse funds pursuant to the regulations.. Program Income shall be returned to the Grantee within 45 days of the end of the month during which such income was collected. Program income includes, but is not limited to: • Proceeds from the sale or long -term lease of real property acquired, rehabilitated or constructed with HOME funds or matching contributions; • Income from the use or rental of real property owned by a PJ, state recipient or subrecipient that was acquired, rehabilitated or constructed with HOME funds or matching contributions, minus the costs incidental to generating that income; • Payments of principal and interest on loans made with HOME or matching funds, and • proceeds from the sale of loans or obligations secured by loans made with HOME or DRAFT for 2013 updated regs - September 11, 2014 Page 19 matching contributions; Interest on program income; Recaptured Funds NOTE Any amount recaptured as a result of a homebuyer property being sold within the affordability period must be used for HOME projects in accordance with all HOME rules. Recaptured funds are a return of original HOME investment and are technically not program income. Therefore, unlike program income, 10 percent of recaptured funds cannot be used for planning and administrative costs. 2. Indirect Costs Prior to charging any indirect costs under this agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures The Grantee will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Specifically, the Subrecipient shall submit the following reports: a. Monthly Progress Reports regarding the status of Open HOME projects, including evaluations of any projects that are nearing completion or have stalled or are behind schedule. b: Quarterly Reports detailing the results of HOME Multi - family housing monitoring c. The subrecipient will update its HOME activities on HUD's Integrated Disbursement & Information System (IDIS) to complete the Annual Grantee Performance Report submitted for the City's Consolidated Annual Performance & Evaluation Report (CAPER). d. The subrecipient will review standard IDIS reports with the Grantee on a monthly basis, including the HOME Deadline Compliance, Status of HOME Grants (PR27), Status of HOME Activities (PR222) and others as appropriate. The above reports shall be submitted to the Executive Director of Strategic Planning, D. Procurement 1. Compliance - The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 85.36. DRAFT for 2013 updated regs - September 11, 2014 Page 20 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose of program administration and costs must be reasonable. E. Use and Reversion of Assets The use and disposition of real property and equipment under this agreement shall be in compliance with the requirements of 24 CFR Part 85 and 24 CFR 92 as applicable, which include but are not limited to the following: 1. Upon expiration, cancellation or termination of the agreement, the Subrecipient must transfer to the Grantee any HOME funds on hand at the time of expiration, cancellation or termination and any accounts receivable attributable to the use of HOME funds. In all cases in which equipment acquired, in whole or in part, with funds under this agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this agreement shall be (a) transferred to the Grantee for the HOME program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non -HOME funds used to acquire the equipment]. percentage of non -HOME funds used to acquire the equipment). XVIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 92,353 governing the Residential Anti - displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 353 that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a HOME- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. XIX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with Article 15 of the New York State Human Rights Law, and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination Equal Employment Opportunity and Affirmative Action (EEO/AA) Statements During the performance of this Agreement, the Subrecipient agrees as follows: A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous DRAFT for 2013 updated regs - September 11, 2014 Page 21 places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non- discrimination clause. B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City's contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole cr in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise proved by law. F. In the event of the Subrecipient's non - compliance with the non - discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in partand the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. G. The Subrecipient will include the provisions of Paragraphs A through F above in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the Office may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Office, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88- 352) and 24 CFR 570.60.1 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to he inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, In the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the programs assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not it so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this agreement. DRAFTfor 2013 updated regs -September 11, 2014 Page 22 E. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Minority or Women -Owned Businesses (Ml3EIW) It is the policy of the City that equal opportunity to participate in City or Subrecipient procurements is provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the City are placed with minority and woman owned business enterprises, the Subrecipient agrees to take affirmative action to the fullest extent consistent with sound procurement principles and applicable law(s) and identify qualified enterprises, business and/or firms; and to solicit bids and quotations from them, and in making awards and purchases, to give equitable consideration to these enterprises, businesses and /or firms.. Such action shall include, but is not limited to: a. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. b. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. c. The Subrecipient or its designee shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of thirty (34 %) minority business enterprises. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will. send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. DRAFT for 2013 updated regs - September 11, 2014 Page 23 C. Employment Restrictions I. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C.276a to276a -7) as supplemented by Department of Labor regulations (29 CFR part 5), the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this agreement. The Subrecipient agrees to comply with the Copeland Anti - Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. .The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3 11 Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." DRAFT for 2013 updated regs - September 11, 2014 Page 24 The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the HOME - funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low - income persons residing within the metropolitan area in which the HOME - funded project is located, where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training, c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance. DRAFT for 2013 updated regs - September 11, 2014 Page 25 c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. ti. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in. the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 85.36(b) (3) and 92,356, which include (but are not limited to) the following: a. No employee, officer or agent of the Subrecipient shah participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. b. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. c. The Subrecipient shall comply with the provisions of 24 CFR 92.356 as follows: a. Applicability. In the procurement of property and services by participating jurisdictions, State recipients, and subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. b. Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decisionmalcing process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME - assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. c. Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. d. Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: 1, A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 2. An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exception is sought would not violate State or local law. DRAFT for 2013 updated regs - September 11, 2014 Page 26 e. Factors to be considered for exceptions. In determining whether tog rant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: 1. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; 2. Whether the person affected is a member of a group or class of low - income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; 3. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; 4. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; 5. Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and 6. Any other relevant considerations. f. Owners and Developers. 1. No owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or non - profit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy a HOME- assisted affordable housing unit in a project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. 2. Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f) (1) of this section on a case -by -case basis when it determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the owner's or developer's HOME - assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors! Whether the person receiving the benefit is a member of a group or class of low- income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; iii. Whether the tenant protection requirements of § 92.253 are being observed; iv. Whether the affirmative marketing requirements of § 92.351 are being observed and followed; and V. Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. DRAFT for 2013 updated regs -September 11, 2014 Page 27 5. Lobbying The Subrecipient hereby certifies that a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any .Federal loan, the enlering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, the Grantee and /or grantor agency reserves the right to royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. The Federal Government also reserves such right.pursuant to 24 CFR.85.34 to reproduce, publish or otherwise use and to authorize others to use, the work or materials for Federal governmental purposes the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 7. Religious Activities The Subrecipient agrees that funds provided under this agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction; or proselytization. XX. ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this agreement: ■ Clean Air Act, 42 U.S.C. , 7401, et seq.; ■ Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; is Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. DRAFT for 2013 updated regs - September 11, 2014 page 28 B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having speciai flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 92355, and 24 CFR Part 35, Subpart B (General Lead -Based Paint Requirements), Subpart J (Rehabilitation), Subpart K (Acquisition, Leasing, Support Services or Operation) and Subpart R (Methods and Standards for Lead Based Paint Hazard Evaluation and Hazard Reduction Activities). Such regulations pertain to all HOME - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under. seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XXI. SEVERABILITY If any provision of this agreement is held invalid, the remainder of the agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect. XXII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement. XXIII. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XXIV. LIVING WAGE REQUIREMENTS A. Subrecipient and its agents shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code Sec.96 -19) (Ordinance), if applicable. Compliance includes: a. Paying all covered employees a living wage. Covered employees are all employees, full or part -time, employed in, on, or for the project or matter subject to the agreement, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. b. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. DRAFT for 2013 updated regs - September 11, 2014 Page 29 G. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. d. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and/or a grievance with the City's Living Wage Commission. The Grantee has the discretion to terminate this agreement and pursue any other legal remedies if Subrecipient andlor its agents fail to comply with the Ordinance. XXV. DEBARMENT AND SUSPENSION The Subrecipient certifies, by the signing of this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department oragency. Assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or Subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR 5.195 and 24 CFR 92.350 XXVI. COMPLIANCE WITH ALL LAWS The Subrecipient agrees that, during the performance of the work required pursuant to this agreement, the Subrecipient and all employees working under its direction, shall strictly comply with all local, state or federal laws, ordinances, rules or regulations including but not limited to 24 CFR Part 85, Administrative Requirements for Grants and Cooperative agreement to State, Local and Federally Recognized Indian Tribal Government for controlling or limiting in any way their actions during their said performance of the work required by this agreement. Furthermore, each and every provision of law, and contractual clause required by law to be inserted in this agreement shall be deemed to be inserted 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 physically amended to make such insertion or correction. Failure to comply may result in the City enforcing any remedy set forth in Section 24 CFR Part 85, Section 43, XXVIL LAW AND FORUM This agreement shall be governed by and under the laws of the State of New York and the Charter and Code of the City of Buffalo. The parties further agree that Supreme Court of the State of New York, held in and for the County of Erie shall be the forum to resolve disputes arising out of either this agreement or work performed according thereto. The parties waive all other venue or forum selections. The parties may agree between themselves on alternative forums. XXVII. PROHIBITION AGAINST ASSIGNMENT The Subreciplent is. prohibited from assigning or otherwise disposing of this agreement or any of its contents, or of its right, title or interest therein, or of its power to execute such contract to any other person or corporation without the previous consent in writing of the Grantee. XXIX. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this agreement. DRAFT for 2013 updated regs - September 11, 2014 Page 30 IN WITNESS WHEREOF, the parties have duly executed this agreement on the date first written above. CITY OF BUFFALO BY CITY OF BUFFALO URBAN RENEWAL AGENCY BY STATE OF NEW YORK) COUNTY OF ERIE ) ss: On the day of in the Year 2013, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF ERIE ) ss.: On the day of in the Year 2013, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary public DRAFT for 2013 updated regs - September 11, 2014 Page 31 Exhibit Al -- Scope of Services — Program Delivery HOME funds provided under this contract will support staffing for the delivery of housing programs, administrative services, and program funding. The Subrecipient will be responsible for program delivery and administration of HOME Program activities provided in the City of Buffalo Annual Action Plans covering the period of May 1, 2008 through September 30, 2016 (City HOME Programs) in a manner satisfactory to the Grantee and consistent with any federal regulations and standards required as a condition of providing these funds. The City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including for - profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will comply with the requirements of 24 CFR 92.504 as appropriate. The Subrecipient will be responsible for the disbursement of funds for eligible HOME activities, including all Open HOME activities noted in Exhibit H, and all new activities funded under the Annual Action Plan projects noted in this Agreement. BURA will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee, BURA will not commit HOME funds to a project until all necessary financing is secured, a budget and schedule is established, underwriting and subsidy layering is completed and construction is scheduled to begin within twelve (12) months). Signatories to written agreements must date the document in order for it to constitute a valid agreement. Signatures of the primary parties must be notarized to confirm the signature date. For the term of the Agreement, BURA shall originate and manage the HOME funded loans and grants associated with the following programs up to the amount of the allocation as identified in the respective Annual Action Plans filed with the City of Buffalo Common Council: Program Delivery - Programs and Related Tasks The Subrecipient shall provide for the delivery of the following programs: • Activity # 1 — Owner Occupied Housing Rehabilitation Programs (including Contract Management) • Activity # 2 — Multi- family Rental Housing Development — Rehabilitation and New Construction • Activity # 3 — Housing Acquisition /Rehab /Resale Program (including Contract Management) • Activity # 4 — New Construction Homebuyer Program • Activity # 5 — Community Housing Development Organization (CHDO) Operations Schedule — the Subrecipient will provide for delivery of these programs during the contract period. Anticipated completion dates are specified within each Annual Action Plan Service Areas -- The Subrecipient will provide for delivery all programs and tasks outlined below within the corporate boundaries of the City of Buffalo. DRAFT for 2013 updated regs - September It, 2014 Page 32 Activity # I — Owner Occupied Housing Rehabilitation Programs (including Contract Management) The City of Buffalo's Owner Occupied Housing Rehabilitation Loan Programs are funded primarily by the Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Programs and include activities to be implemented with approximately $3,000,000 in CDBG, HOME, Lead Hazard Reduction, and New York State !-Affordable Housing Corporation Program dollars. In some cases, private resources, and in -kind services may also be utilized. The Programs offer financial assistance to households who qualify under the federal low and moderate- income guidelines. Funds are available to rehabilitate one- to four - family owner - occupied residences within designated target areas, as well as for partial financial assistance to new and existing owners of properties needing repairs, and for the correction of emergency conditions such as repair of a broken water, sewer or gas line, replacement of a non - functioning furnace or hot water tank, upgrades from fuses to circuit breakers if a hazard exists at the electrical panel, and repair of a leaking roof and system components. Lead based paint hazards are remediated, as needed. Specific guidelines for individual programs are established by the Office of Strategic Planning. Output — During the term of this Agreement, the Subrecipient will - 1. Assist in the processing and close out of all applications for rehabilitation assistance in the OSP active loan inventory. 2. Facilitate the processing of additional applications within the limits of the funds allocated for these programs. Not all applications will result in loan closings and rehab completions. 1 Ensure the timely completion of rehab and lead remediation work in units and structures assisted through the City of Buffalo Block by Block (AHC) program in compliance with all NYS requirements. Training - The Subrecipient will ensure that staff assigned to deliver the Program are trained, or receive training, appropriate to the position, including, but not limited to and as appropriate, training in the determination of income eligibility for the CDBG and HOME programs; NYS housing code standards, as needed; enforcement of OSP rehab standards, Uniform Physical Conditions Standards (UPCS) and acceptable work practices for the remediation of lead based paint hazards; the use of work specification writing software; and other training as suitable to provide for the efficient and professional administration and delivery of the Program. The Subrecipient will continue to administer and monitor performance under the existing contract with Belmont Housing Resources for WNY (the Rehab Program Administrator) to ensure delivery of these Owner Occupied Housing Rehab Programs. The contract expires on May 31, 2013. The Rehab Loan Processing Stages and responsible parties are summarized as follows — Responsible Party Activity Community Based Organization (CBO) staff located in city neighborhoods work with individual homeowners to prepare applications for owner occupied housing rehab programs offered by OSP (Office of Strategic Planning) / BURA (Buffalo Urban Renewal Agency). Programs include, but are not limited to — ■ Emergency assistance (CDBG funded) ■ HOME funded Target Street rehab loans, NYS Affordable Housing Corporation (AHC) Matching Funds Program, 50150 Rehab Program (for homebuyers and C130IBURA existing owners located outside target areas); CBO staff complete the Application Referral Tracker and submit the names and addresses of potential applicants to the OSP Division of Housing for pre -screening (ownership, prior loan delinquencies, and conflict of interest requests) and approval to proceed to the next stage of processing. If cleared to proceed, OSP rehab program support staff establishes a temporary file for each address reviewed and requests an CBOIBURA Environmental Review from Division of Planning staff, DRAFT for 2013 updated regs - September 11, 2014 Page 33 3 FROM THE MAYOR - EXECUTIVE DEPARTMENT Sept 30, 2014 For CDBG funds loans, after the 3 -day rescission period, the Rehab Program Administrator issues a Notice of Contract Award to the selected contractor. The contractor is required to submit a valid permit to the Rehab Program Administrator prior to the issuance of the Notice to Proceed. For HOME funds loans, these actions are delayed until the Rehab Program Administrator has been notified that execution of the BELMONT HOME Agreement by the City of Buffalo has been finalized. Following the encumbrance and the issuance of the Notice to Proceed, the Rehab Program Administrator monitors the job, prepares, verifies compliance with all work write -up and specification requirements, and submits the Request for Progress Payment to BURA for processing. BURA completes a site visit to confirm the accuracy of the BELMONT/BURA Request for Progress Payment report. DRAFT for 2013 updated regs -September 11, 2014 Page 35 Documentation regarding ownership, contractor debarment and the environmental review are added to the encumbrance package. The completed package is submitted BURA for assignment of an IDIS number. An IDIS number is assigned by the appropriate staff member based on funding source. Staff assigning IDIS numbers includes the CDBG Program Manager for CDBG funded loans and the HOME Program Coordinator for HOME funded loans, or other OSP staff members, as appropriate. The assigned IRIS number is then referenced in two locations on the encumbrance cover page (at the top for.easy identification, and at the bottom where the funding year and local account number are also noted). The IRIS number is used by FCA (the Subrecipient Accounts management division) to assign the TOMSNARDI account number and link the IDIS and TOMSNARDI reference numbers BURA for easier application tracking. For the HOME program, an activity is set up in the IDIS system and the total HOME funds required are identified as part of the set up action. This results in the assignment of an IRIS activity number. For the HOME Program, no HOME funds are actually set aside or committed to the HOME activity at this time since no HOME Agreement has BURA been executed yet. The Loan details are entered into the Hansen System and FCA TOMSNARDI to ensure the availability of data for the CAPER. A request to establish a MUNIS account is submitted to the Office of Strategic Planning and the Department of Audit and Control to prepare for the eventual disbursement of funds to the contractor through the Subrecipient. The Rehab Program Administrator is notified of IDIS and FCA account BURA/COB numbers to verify that the loan is ready to close. The Rehab Program Administrator prepares the closing flocs as appropriate (Truth in Lending Disclosure, Note and Mortgage, HOME Written Agreement, etc.) and schedules the loan closing. If applicant eligibility recertification is required, the Rehab Program Administrator contacts the owner to collect updated household income BELMONT documentation. The Rehab Program Administrator closes the loan. After the 3 -day rescission period, the Rehab Program Administrator submits a copy of the closing package to OSP for final review and filing of the mortgage with the Erie County Clerk and, for HOME funded projects, execution of the HOME Agreement by the BELMONT/COB City of Buffalo. For CDBG funds loans, after the 3 -day rescission period, the Rehab Program Administrator issues a Notice of Contract Award to the selected contractor. The contractor is required to submit a valid permit to the Rehab Program Administrator prior to the issuance of the Notice to Proceed. For HOME funds loans, these actions are delayed until the Rehab Program Administrator has been notified that execution of the BELMONT HOME Agreement by the City of Buffalo has been finalized. Following the encumbrance and the issuance of the Notice to Proceed, the Rehab Program Administrator monitors the job, prepares, verifies compliance with all work write -up and specification requirements, and submits the Request for Progress Payment to BURA for processing. BURA completes a site visit to confirm the accuracy of the BELMONT/BURA Request for Progress Payment report. DRAFT for 2013 updated regs -September 11, 2014 Page 35 The Request for Progress Payment form is submitted to the Subrecipient identifying the items completed as per the specifications and the total amount to be paid. Both the Rehab Program Administrator construction monitor and the homeowner sign the form certifying that the work is acceptable. The Subrecipient reviews the request for consistency with the line items costs identified in the specifications and prepares a request to the Office of Strategic Planning and the Department of Audit and Control to issue a check for payment for the items completed. Funds are released to the Subrecipient (BURA) and a two party check is issued to the homeowner and the BURA contractor. Upon completion of the job, The Rehab Program Administrator submits a request for the final progress payment, signed by the owner and the Rehab Program Administrator monitor, to the OSP Construction Monitor. The OSP Construction Monitor conducts a site inspection at the property and reviews the specifications and, if applicable, completes the Property Compliance Inspection Report. If all work is acceptable, the OSP Monitor authorizes the final payment be released to the contractor. If correcting work is needed, the Rehab Program Administrator construction analyst/monitor and the contractor are notified by the OSP Construction Monitor of any "punch list" items that need attention. After any necessary corrections have been made, a second site visit is conducted and payment to the contractor may be authorized by the OSP Construction Monitor. A request for final payment is submitted to the Department of Audit and Control. The case is flagged for entry as "Completed" in IDIS following issuance of the BURA final payment. After the job has been completed, the Rehab Program Administrator returns the completed file (original application, complete income and ownership documentation, Property Compliance Inspection Report (for HOME funded projects), risk assessment, cost estimates, contractor selection and bid documents, copies of all closing docs, etc.) BURA to OSP for file close out and scanning into the Laserfiche system. The Subrecipient shall conduct desk monitoring of Belmont for compliancewith the terms of the existing contract as each application is presented for encumbrance and will advise Belmont of any necessary corrections or changes required as appropriate. The Subrecipient shall conduct one formal on -site monitoring visit within each twelve month period. Results of the monitoring, including any findings or concerns, shall be transmitted to the Grantee. The most recent on -site monitoring was conducted in July, 2012. Monitoring is ongoing as individual cases are reviewed and completed. DRAFT for 2013 updated regs - September 11, 2014 Page 36 Activity # 2 -- Multi-family Rental .Housing Development -- Rehabilitation and New Construction The Subrecipient provide for program delivery and administration of the Multi - family Rental Housing Development Program including all activities necessary to ensure compliance with HOME Program regulations for the development of such housing. The Subrecipient will follow the City of Buffalo Office of Strategic Planning Housing Programs Policies and Procedures Guidebook in the performance of these duties. The Subrecipient will perform the following tasks in support of the Multi - family Rental Housing Development Program, including, but not limited to the fol €owing activities: 1. Monitoring of on -site construction progress (including reviews of requests for progress payments and disbursement of funds) and affirmative marketing and rent -up activities; and project closecuts according to the terms of the individual HOME Agreements for the following HOME projects currently underway- 2. Coordination of the Request for Proposals (RFP) Process, including preparation of the RFP, review of preliminary proposals submitted in response to the RFP and presentation of eligible projects to the City of Buffalo Office of Strategic Planning for decisions regarding selection of candidates for funding. ■ See also Attachment Review and underwriting of complete application packages submitted by candidates selected for funding to ensure compliance with the requirements of the HOME program and the City of Buffalo. The Subrecipient will follow City of Buffalo Office of Strategic Planning written policies and procedures for underwriting projects, evaluating the development and fiscal capacity of developers, and ensuring that there is adequate need for projects based on neighborhood market conditions (see Attachment C). If necessary, the Grantee may procure the services of a third party to undertake these evaluations. 4. Coordination of activities to ensure - a. completion of the environmental review process by the Grantee; b. completion of the site and neighborhoods standards reviews, as applicable c. compliance with URA requirements, as applicable d, compliance with one- for -one replacement requirements, as applicable 5. Monitoring of developer /applicant activities relating to - a. property acquisition activities, as applicable; b. lead, asbestos, mold and other required testing and/or remediation; c. the bidding process and selection of contractors and subcontractors 6. Working with the developer /applicant to ensure outreach and recruitment of qualified contractors to work in the program and compliance with City of Buffalo and HUD MWBE and Section 3 requirements 7. Collaboration with the developer /applicant in the preparation of construction budgets; DRAFT for 2013 updated regs - September 11, 2014 Page 37 7824 PUSH Massachusetts Avenue Project 550,000.00 8249 Riverside Special Needs Housing 1,500,000.00 8250 Mariner Townhouses Rental Rehab 1,635,000.00 8251 PUSH 335 Massachusetts New Construction Rental Hsg 332,817.00 8262 LIVERY APARTMENTS 989,986.00 8493 Hertel Park Senior Apartments 700,000.00 8494 Grace dousing Lodging House 2 9$8,650q 8503 St John Fruitbelt Townhouses 777Ain nn' 2. Coordination of the Request for Proposals (RFP) Process, including preparation of the RFP, review of preliminary proposals submitted in response to the RFP and presentation of eligible projects to the City of Buffalo Office of Strategic Planning for decisions regarding selection of candidates for funding. ■ See also Attachment Review and underwriting of complete application packages submitted by candidates selected for funding to ensure compliance with the requirements of the HOME program and the City of Buffalo. The Subrecipient will follow City of Buffalo Office of Strategic Planning written policies and procedures for underwriting projects, evaluating the development and fiscal capacity of developers, and ensuring that there is adequate need for projects based on neighborhood market conditions (see Attachment C). If necessary, the Grantee may procure the services of a third party to undertake these evaluations. 4. Coordination of activities to ensure - a. completion of the environmental review process by the Grantee; b. completion of the site and neighborhoods standards reviews, as applicable c. compliance with URA requirements, as applicable d, compliance with one- for -one replacement requirements, as applicable 5. Monitoring of developer /applicant activities relating to - a. property acquisition activities, as applicable; b. lead, asbestos, mold and other required testing and/or remediation; c. the bidding process and selection of contractors and subcontractors 6. Working with the developer /applicant to ensure outreach and recruitment of qualified contractors to work in the program and compliance with City of Buffalo and HUD MWBE and Section 3 requirements 7. Collaboration with the developer /applicant in the preparation of construction budgets; DRAFT for 2013 updated regs - September 11, 2014 Page 37 8. Collaboration with the developer /applicant in finalizing all development and construction financing sources and uses 9. Preparation of final recommendations for funding to the City of Buffalo Office of Strategic Planning 10. Preparation and execution of HOME Agreements and related closing documents for projects selected for funding and coordination of all closing activities 11. Evaluation of the readiness of each project before execution of the HOME Agreement or setting it up in IDIS as a HOME activity to ensure compliance with the four- arrive -year year completion requirement (as applicable to funds appropriated in 2012 or prior years). 12. NOTE: The Grantee will ensure that individuals responsible for entering data in IDIS have the appropriate documentation or written approval from Grantee staff responsible for compliance to confirm that the underwriting review, the assessment of developer capacity and fiscal soundness, and the examination of neighborhood market conditions have been conducted, For the FY 2012 HOME appropriation, the IDIS certification will require the Grantee to enter the name of the person responsible for ensuring compliance with these requirements. The Grantee and the Subrecipient are aware that false or fraudulent statements or claims made in IDIS in regard to the Grantee's certification that these assessments have been conducted are subject to criminal or civil penalties. 13. Submission of a complete funding package to the Office of Strategic Planning and the Department of Audit and Control to initiate establishment of the MUNIS accountsand the commitment of funds in IDIS for the HOME project. 14. Issuance of the Notice to Proceed; 15. Monitoring construction at each site a minimum of three times each week. Duties to include daily start and finish meetings with contractors; 16. Tracking construction progress; 17. Coordinating project scheduling to ensure completion within established timeframes; 18. Meeting with inspectors, ensuring quality control; 19. Preparing fully documented progress payment requests for submission to the Office of Strategic Planning and the Department of Audit and Control 20. Disbursement of funds for allowable expenses. 21. Documenting change order requests; 22. Daily troubleshooting as needed; 23. Monitoring marketing activities to ensure timely rent -up of the properties to eligible tenants, including outreach to the community; 24. Obtaining the occupancy reports providing names, address, beneficiary data and income eligibility of each participant for use in grant reporting and approval of loan issuance; 25. Preparation of performance reports on no less than a quarterly basis, which tracks the progress of construction and ensures proper file maintenance; 26. Participation in City of Buffalo or HUD review meetings; 27. Obtaining project closeout documentation as specified in the HOME Agreement, including, but not limited to - a. The Lead Based Paint Clearance Report b. Final Section 3 and MIWBE reports in a format to be provided by BURA c. Certification that the project meets the requirements for compliance with Section 504 of the Rehabilitation Action of 1973 and the Fair Housing Act as applicable to the HOME program. d. The Certificate of Occupancy and Certificate of Completion e. The initial occupancy report — f. Lien releases from all project contractors and subcontractors g. The Cost Certification Audit DRAFT for 2013 updated regs -September 11, 2014 Page 38 28. Submission of the closeout report and applicable documentation to the City of Buffalo Office of Strategic Planning to facilitate completion of the project in IRIS. 29. Ongoing project monitoring as noted in Exhibit A2 Activity # 4 — HOME Program Compliance Monitoring — Rental and Homebuyer Housing In addition, the Subrecipient will work with the City of Buffalo Fair Housing Officer to ensure that, for all rental development projects, the owner's tenant selection policies comply with the HOME requirements as 24 CFR 92.253(d) regarding how and when HOME funds may be used for special needs populations, specifically 92.253 (d) Tenant selection. An owner of rental housing assisted with HOME funds must comply with the affirmative marketing requirements established by the participating jurisdiction pursuant to § 92.351(a). The owner must adopt and follow written tenant selection policies and criteria that: 1. Limit the housing to very low- income and low- income families; 2 Are reasonably related to the applicants' ability to perform the obligations of the lease (i.e., to pay the rent, not to damage the housing; not to interfere with the rights and quiet enjoyment of other tenants); 3. Limit eligibility or give a preference to a particular segment of the population if permitted in its written agreement with the participating jurisdiction (and only if the limitation or preference is described in the participating jurisdiction's consolidated plan). i. Any limitation or preference must not violate nondiscrimination requirements in § 92.350. A limitation or preference does not violate nondiscrimination requirements if the housing also receives funding from a Federal program that limits eligibility to a particular segment of the population (e.g., the Housing Opportunity for Persons with AIDS program under 24 CFR part 574 the Shelter Plus Care program under 24 CFR part 582 the Supportive Housing program under 24 CFR part 583 supportive housing for the elderly or persons with disabilities under 24 CFR part 891 ), and the limit or preference is tailored to serve that segment of the population. ii. If a project does not receive funding from a Federal program that limits eligibility to a particular segment of the population, the project may have a limitation or preference for persons with disabilities who need services offered at a project only if: A. The limitation or preference is limited to the population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain housing; B. Such families will not be able to obtain or maintain themselves in housing without appropriate supportive services; and C. Such services cannot be provided in a nonsegregated setting. The families must not be required to accept the services offered at the project. In advertising the project, the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible persons with disabilities who may benefit from the services provided in the project. 4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant -Based Assistance: Housing Choice Voucher Program ( CFR part 982 or an applicant participating in a HOME tenant - based rental assistance program because of the status of the prospective tenant as a holder of such certificate, voucher, or comparable HOME tenant -based assistance document. 5. Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and 6. Give prompt written notification to any rejected applicant of the grounds For any rejection DRAFT for 2013 updated regs -September 11, 2014 Page 39 Activity # 3 - Housing Acquisition /Rehab /Resa Program (including Contract Management) The Subrecipient shall provide for program delivery and administration of the Housing Acquisition /Rehab /Resale (ARR) Program (including management of existing contracts between the Subrecipient and community based organizations) and all activities necessary to ensure compliance with HOME Program regulations for the development of affordable homebuyer housing. The Program is an acquisition/rehabilitation/resale program for low and moderate and middle income homeowners. The goal of the program is to rehabilitate existing vacant one and two family structures within designated target areas to ensure compliance with Iota€ housing codes and federal lead based paint remediation standards; and to sell these properties upon completion to qualified purchasers under the guidelines of the HOME Program. The Subrecipient will work with City development partners (not -for- profit agencies or GHDOs) in the creation of affordabie units. Eight structures will be addressed through the HOME CHDO Program. Additional projects may be identified within the term of this contract. RRF PER i ' w 4` r . Y4� + A� � ' r 7 Hse Num Street Type Program 260 LAUREL DOUBLE BBB 207 LAUREL SINGLE BBB 309 RILEY DOUBLE BBB 260 NORTHAMPTON DOUBLE BBB 175 LAUREL DOUBLE BBB BURA reserves the right to substitute additional alternate sites in the event that any property listed above is unavailable or infeasible for development .w W iUr Hse Num Street . Type Program 928 FILLMORE SINGLE CHDO 933 FILLMORE SINGLE CHDO ME tffil 174 EAST SINGLE CHDO DRAFT for 2013 updated regs - September 11, 2014 Page 40 For selected projects the Subrecipient will ensure completion of the tasks required to implement ,the acquisition /rehabilitation /resale program through the provision of technical and other assistance to each CHDO or entity or through direct action, as necessary, including, but not limited to the following activities: Activity 1 Selection and screening of properties 2 Order environmental tests (lead, asbestos, mold, etc.) 3 Coordinate lead, asbestos, mold, etc. remediation 4 Prepare work write -ups, specifications and working drawings 5 Prepare preliminary budgets 6 Coordinate bidding 7 Coordinate contractor selection 8 Finalize budgets 9 Finalize development 1 construction financing sources 1 uses 10 Issue the Notice to Proceed 11 Monitor Construction - Monitor construction at each site a minimum of two times each day. Duties to include daily start and finish construction meetings; tracking construction progress; coordinating project scheduling to ensure completion within established timeframes; meeting with inspectors, ensuring quality controi; assisting the BURA project manager in preparing progress payment and change order requests; daily troubleshooting as needed. Ensure daily project supervision and coordination with Belmont 12 Construction Monitor' 13 Review, approve and disburse contractor payments 14 Marketing - Responsible for all marketing activities including outreach to the community, sales, and homebuyer eligibility certification 15 Obtain Certificates of Occupancy 1 Completion 16 Review and approve buyer applications and subsidy calculations 17 Prepare closing documents and transfer title to purchasers For CHDO or CBO sponsored projects, the Subrecipient will provide technical assistance and monitor all aspects of each project, including activities described above. The Subrecipient wil! enforce the Six or Nine Month Deadline for Sale of Homebuyer Units as applicable under the revised HOME regulations.) Any HOME homebuyer unit for which funds were committed prior to August 23, 2013 that is set up under a 2012 or 2013 Action Plan project that is not sold to an eligible homebuyer within six months of construction completion must be converted to a HOME rental unit or the PJ must repay the HOME Investment. For all other homebuyer projects for which a commitment is executed after August 23, 2013, if there is no ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with §92.252. The Subrecipient will ensure compliance with these deadlines and will provide technical assistance in the event that a unit must be converted to a HOME rental unit. DRAFT for 2013 updated regs - September 11, 2014 Page 41 Activity # 4 — New Construction Homebuyer Program The Subrecipient shall provide for program delivery and administration of tine New Construction Homebuyer Program including all activities necessary to ensure compliance with HOME Program regulations for the development of such housing. The Subrecipient will perform the following tasks in support of the New Construction Homebuyer Program, including, but not limited to the following activities. 1. Monitoring of on -site construction progress (including reviews of requests for progress payments and disbursement of funds) and affirmative marketing and sales activities; and project closeouts according to the terms of the individual HOME Agreements for the following HOME }projects currently underway- 5607 BETHEL COLD SPRINGS 2 -107 WOODLAWN 218,665.00 6698 BETHEL PERFORMING ARTS - 1504 MICHIGAN 234,653.00 6699 BETHEL PERFORMING ARTS - 1506 MICHIGAN 234,653.00 6700 BETHEL PERFORMING ARTS - 1516 MICHIGAN 232,193.00 6701 BETHEL PERFORMING ARTS - 95 WOODLAWN 231,263.00 6702 BETHEL PERFORMING ARTS - 97 WOODLAWN 212,683.00 7494 WOODLAWN HOMES - 877 WOODLAWN 241,613.00 7495 WOODLAWN HOMES - 883 WOODLAWN 241,613.00 7496 WOODLAWN HOMES - 886 WOODLAWN 241,613.00 2. Coordination of the Request for Proposals (RFP) Process for new projects, including preparation of the RFP, review of preliminary proposals submitted in response to the RFP and presentation of eligible projects to the City of Buffalo Office of Strategic Planning for decisions regarding selection of candidates for funding. a. See also Attachment B 3. Review and underwriting of complete application packages submitted by candidates selected for funding to ensure compliance with the requirements of the HOME program and the City of Buffalo. The Subrecipient will follow City of Buffalo Office of Strategic Planning written policies and procedures for underwriting projects, evaluating the development and fiscal capacity of developers, and ensuring that there is adequate need for projects based on neighborhood market conditions (see Attachment C). If necessary, the Grantee may procure the services of a third party to undertake these evaluations. 4. Coordination of activities to ensure - a. completion of the environmental review process by the Grantee; b. compliance with URA requirements, as applicable c. compliance with one -for -one replacement requirements, as applicable 5. Monitoring of developer /applicant activities relating to - a. property acquisition activities, as applicable; b. lead, asbestos, mold and other environmental testing and /or remediation; c. the bidding process and selection of contractors and subcontractors 6. Working with the developer /applicant to ensure outreach and recruitment of qualified contractors to work in the program and compliance with City of Buffalo and HUD MWBE and Section 3 requirements 7. Collaboration with the developerlapplicant in the preparation of construction budgets; DRAFT for 2013 updated regs - September 11, 2014 Page 42 8. Collaboration with the developer /applicant in finalizing all development and construction financing sources and uses 9. Preparation of final recommendations for funding to the City of Buffalo Office of Strategic Planning 10. Preparation and execution of HOME Agreements and related closing documents for projects selected for funding and coordination of all closing activities 11. Evaluation of the readiness of each project before execution of the HOME Agreement or setting it up in IDIS as a HOME activity to ensure compliance with the four- or five -year year completion requirement (as applicable to funds appropriated in 2012 or prior years). 12. NOTE: The Grantee will ensure that individuals responsible for entering data in IDIS have the appropriate documentation or written approval from Grantee staff responsible for compliance to confirm that the underwriting review, the assessment of developer capacity and fiscal soundness, and the examination of neighborhood market conditions have been conducted. For the FY 2012 HOME appropriation, the IDIS certification will require the Grantee to enter the name of the person responsible for ensuring compliance with these requirements. The Grantee and the Subrecipient are aware that false or fraudulent statements or claims made in IDIS in regard to the Grantee's certification that these assessments have been conducted are subject to criminal or civil penalties. 13. Submission of a complete funding package to the Office of Strategic Planning and the Department of Audit and Control to initiate establishment of the MUNIS accounts and the commitment of funds in IDIS for the HOME project. 14. Issuance of the Notice to Proceed; 15. Monitoring construction at each site a minimum of three times each week. Duties to include daily start and finish meetings with contractors; 16. Tracking construction progress; 17. Coordinating project scheduling to ensure completion within established timeframes; 18. Meeting with inspectors, ensuring quality control; 19. Preparing fully documented progress payment requests for submission to the Office of Strategic Planning and the Department of Audit and Control 20. Disbursement of funds for allowable expenses 21. Documenting change order requests ; 22. Daily troubleshooting as needed; 23. Monitoring marketing activities to ensure timely sale of the properties to eligible homebuyers, including outreach to the community; 24. Reviewing all homebuyer application packages to confirm the correct calculation of direct subsidy assistance for purchase or closing costs 25. Reviewing and all closing documents prior to closing 26. Maintaining the New Construction database and entry of homebuyer names, address, beneficiary data and income of each participant for use in grant reporting; 27. Preparation of performance reports on no less than a quarterly basis, which tracks the progress of construction and ensures proper file maintenance; 28. Participation in City of Buffalo or HUD review meetings; 29. Obtaining project closeout documentation as specified in the HOME Agreement, including, but not limited to - a. Final Section 3 and MIWBE reports in a format to be provided by BURA b. The Certificate of Occupancy and Certificate of Completion c. Lien releases from all project contractors and subcontractors d. The Cost Certification Audit DRAFT for 2013 updated regs - September 11, 2014 Page 43 30. Submission of the closeout reports and applicable documentation to the City of Buffalo Office of Strategic Planning to facilitate completion of the project in ID1S. Six Month Deadline for Sale of Homebuyer Units (Public Law 112 -55) Any HOME homebuyer unit for which funds were committed prior to August 23, 2013 that is set up under a 2012 or 2013 Action Plan project that is not sold to an eligible homebuyerwithin six months of construction completion must be converted to a HOME rental unit or the PJ must repay the HOME Investment. For all other homebuyer projects for which a commitment is executed after August 23, 2013, if there is no ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with §92.252. The Subrecipient will ensure compliance with these deadlines and will provide technical assistance in the event that a unit must be converted to a HOME rental unit. DRAFT for 2013 updated regs -September 11, 2014 Page 44 Activity # 5 — Community Housing Development Organization (CHDO) Operations Contract Management The CHDO Operating Assistance Program provides financial support to eligible certified CHDOs during the development of funded Affordable Housing projects. The funding is intended to assist CHDOs that can demonstrate a need for operating support. The Subrecipient will award and manage contracts for funds provided to CDHOs for Operating Costs. The Subrecipient will review all requests for reimbursement and will prepare and submit requests to the Office of Strategic Planning for release of funds by the Department of Audit and Control. ELIGIBLE APPLICANTS All eligible applicants must be a current certified CHDO and applicants must be receiving set -aside funds for an activity (or activities) or must be under a written agreement to receive set -aside funds within 24 months of the date of the agreement. Eligible CHDOs must have established standard accounting practices including internal control and fiscal accounting procedures and be able to track organization and project budgets by revenue source and expense. CHDOs with outstanding audit findings, IRS findings, OSP monitoring findings or other compliance issues are not eligible for CHDO Operating Assistance. Please note that OSP and the Subrecipient will work with all interested parties, where appropriate, toward the resolution of unresolved matters. The Grantee reserves the right to disapprove an application for CHDO Operating Assistance where there is not a clear financial need for the assistance in order to assure the success of the HOME- funded project. ELIGIBLE EXPENSES Operating expenses are reasonable and necessary costs for the operation of the CHDO, including: • Salaries, wages, benefits and other employee compensation; • Employee education, training and travel; • Rent and utilities; • Communication costs; ■ Taxes and insurance; and • Equipment, materials and supplies. • Contracted Professional Services (non - project specific) Eligible expenses include only those operational costs that have been incurred within the contract period. The Grantee will pay CHDO Operating Assistance grant expenses on a reimbursement basis. The CHDO must be able to provide documentation that the work, services, or cost occurred within the grant period and the expenses were paid appropriately by the CHDO. The Subrecipient will.submit a properly documented request for payment of CHDO Operating expenses to the Office of Strategic Planning and release of funds by the Department of Audit and Control. FINANCIAL MANAGEMENT The Subrecipient will ensure that CHDOs are compliant with regulations and requirements pertaining to the following key areas of financial management: • Allowable costs • Source documentation • Internal controls • Budget controls • Cash management • Accounting records • Procurement • Property asset controls • Audits DRAFT for 2013 updated regs - September 11, 2014 Page 45 CHDO Operating Assistance program funds must be only for eligible activities and in accordance with the approved program budget. Any changes from the planned expenditures must be approved in advance by OSP. CHDO Operating funds may not be used for activities other than those authorized in the regulations and approved by OSP. Internal controls refer to the combination of policies, procedures, defined responsibilities, personnel and records that allow an organization to maintain adequate oversight and control of its finances. As such, internal controls reflect the overall financial management system of an organization or agency. Budget controls, cash management, accounting records, procurement and property controls are sub -sets of the overall financial system. The specific administrative requirements (i.e., financial management standards) for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations are contained in 24 CFR Part 84, OMB A -122, and OMB A -133. Projects must make progress on a reasonable timeline. Any project that has not started construction within 12 months from beginning of the initial grant period may not be eligible fora second year of CHDO Operating. Assistance. OSP will monitor project progress and reserves the right to decline funding requests based on project progress and CHDO need. OSP reserves the right to recapture CHDO Operating Assistance in the case where projects have not made adequate progress. DRAFT for 2013 updated regs -September 11, 2024 Page 46 Exhibit A2 — Scope of Services - General Administration HOME funds provided under this contract will support staffing for the delivery of housing programs and administrative services as identified below. The Subrecipient wiil be responsible for program delivery and administering HOME Program activities provided in the City of Buffalo Consolidated Flans covering the period of May 1, 2008 through April 30, 2013, respectively (City HOME Programs) in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. The Subrecipient will be responsible for the disbursement of funds for eligible HOME activities, including all Open HOME activities as detailed in this Agreement and all'new activities funded under the Annual Action Plan projects as noted in this Agreement. BURA will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee, The City HOME Programs include the following activities eligible and tasks as allowed or required The Subrecipient shall complete the following activities relating to General Administration of the HOME Program: • Activity # 1 — Certification and Recertification of Community Housing Development Organizations (CHDOs) • Activity # 2 — Coordination of the Environmental Review Process in cooperation with the Office of Strategic Planning • Activity # 3 — Coordination of Site and Neighborhood Standards Reviews in cooperation with the Office of Strategic Planning (new construction of multi - family rental housing only) • Activity # 4 — HOME Program Compliance Monitoring — Rental and Home buyer Housing • Activity # 5 — Coordination of URA Acquisition and Relocation actions as applicable. • Activity # 6 — Management of the existing BURA loan portfolio and the return of Program Income to the Grantee • Activity # 7 — Management of HOME program timeliness deadlines, including the two -year commitment and five or four year expenditure deadlines, as applicable. • Activity # 8 -- HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews • Activity # 9 - Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) DRAFT for 2013 updated regs - September 11, 2014 Page 47 Activity # 1 -- Certification and Recertification of (CHDO) Community Housing Development Organizations The Subrecipient shall coordinate the process for initial certification and periodic recertification of Community Housing Development Organizations as defined under the regulations as 24 CFR 92.2. and will take every necessary action to ensure compiiance with 24 CFR 92.300 - Set -aside for community housing development organizations (CHDOs) as follows: Within 24 months after the date that HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnerships Agreement, the participating jurisdiction must reserve not less than 15 percent of the HOME allocation for investment only in housing to be owned, developed or sponsored by community housing development organizations. Fora State, the HOME allocation includes funds reallocated under §92.461(c)(2)(i) and, for a unit of general local government, includes funds transferred from a State under §92.102(b). The participating jurisdiction must certify the organization as meeting the definition of "community housing development organization" and must document that the organization has capacity to own, develop, or sponsor housing each time it commits funds to the organization. The Subrecipient will collect documentation sufficient to verify that a CHDO candidate meets the qualifying criteria as follows: Community housing development organization means a private nonprofit organization that: 1) Is organized under State or local laws; 2) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; 3) is neither controlled by, nor under the direction of, individuals or entities seeking to derive profit or gain from the organization. A community housing development organization may be sponsored or created by a for- profit entity, but: i. The for- profit entity may not be an entity whose primary purpose is the development or management of housing, such as a builder, developer, or real estate management firm. ii. The for - profit entity may not have the right to appoint more than one -third of the membership of the organization's governing body. Board members appointed by the for - profit entity may not appoint the remaining two - thirds of the board members; iii. The community housing development organization must be free to contract for goods and services from vendors of its own choosing; and iv. The officers and employees of the for - profit entity may not be officers or employees of the community housing development organization. 4) Has a tax exemption ruling from the Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3) -1 or 1.501(c)(4) -1)), is classified as a subordinate of a central organization non - profit under section 905 of the Internal Revenue Code of 1986, or if the private nonprofit organization is an wholly owned entity that is disregarded as an entity separate from its owner for tax purposes (e.g., a single member limited liability company that is wholly owned by an organization that qualifies as tax - exempt), the owner organization has a tax exemption ruling from the Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 and meets the definition of "community housing development organization;" 5) Is not a governmental entity (including the participating jurisdiction, other jurisdiction, Indian tribe, public housing authority. Indian housing authority, housing finance agency, or redevelopment authority) and is not controlled by a governmental entity. An organization that is created by a governmental entity may qualify as a community housing development organization; however, the governmental entity may not have the right to appoint more than one -third of the membership of the organization's governing body and no more than one- third of the board members may be public officials or employees of governmental entity. Board members appointed by a governmental entity may not appoint the remaining two- thirds of the board members. The officers or employees of a governmental entity may not be officers or employees of a community housing development organization; DRAFT for 2013 updated regs - September 11, 2014 Page 48 6) Has standards of financial accountability that conform to 24 CFR 84.21, "Standards for Financial Management Systems;" 7) Has among its purposes the provision of decent housing that is affordable to low - income and moderate - income persons, as evidenced in its charter, articles of incorporation, resolutions or by- laws; 8) Maintains accountability to low- income community residents by: i. Maintaining at least one -third of its governing board's membership for residents of low- income neighborhoods, other low- income community residents, or elected representative of low- income neighborhood organizations. For urban areas, "community" may be a neighborhood or neighborhoods, city, county or metropolitan area; for rural areas, it may be a neighborhood or neighborhoods, town, village, county, or multi- county area (but not the entire State); and ii. Providing a formal process for low- income program beneficiaries to advise the organization in its decisions regarding the design, siting, development, and management of affordable housing; 9) Has a demonstrated capacity for carrying out housing projects assisted with HOME funds. A designated organization undertaking development activities as a developer or sponsor must satisfy this requirement by having paid employees with housing development experience who will work on projects assisted with HOME funds. For its first year of funding as a community housing development organization, an organization may satisfy this requirement through a contract with a consultant who has housing development experience to train appropriate key staff of the organization. An organization that will own housing must demonstrate capacity to act as owner of a project and meet the requirements of §92.300(a)(2). A nonprofit organization does not meet the test of demonstrated capacity based on any person who is a volunteer or whose services are donated by another organization; and 10) Has a history of serving the community within which housing to be assisted with HOME funds is to be located. In general, an organization must be able to show one year of serving the community before HOME funds are reserved for the organization. However, a newly created organization formed by local churches, service organizations or neighborhood organizations may meet this requirement by demonstrating that its parent organization has at least a year of serving the community. In completing the determination of eligibility, the Subrecipient will use follow the CH DO Qualification and Capacity Evaluation Policy developed by OSP and will complete the Checklist and forms related to staff and agency capacity, threshold requirements and other considerations including fiscal soundness. The Subrecipient.will follow the written policies and procedures provided by the City of Buffalo Office of Strategic Planning for assessing CHDO staff capacity, and will ensure that adequate documentation of the assessment is included in the appropriate files. HIED defines CHDO staff as paid employees who are responsible for the day -to -day operations of the CHDO. Staff does not include volunteers, board members, or consultants. The Subrecipient will present the results of each certification and recertification review to the Office of Strategic Planning which will issue a final decision regarding the City's award of CHDO status. For CHDO projects approved for funding by the City of Buffalo, the Grantee will ensure that individuals responsible for entering data in IDES have the appropriate documentation or written approval from Grantee staff responsible for compliance to confirm that a CHDO has demonstrated development experience. The IDiS certification will require the Grantee to enter the name of the person responsible for ensuring compliance with this requirement. The Grantee and the Subrecipient are aware that false or fraudulent statements or claims made in IDIS in regard to the Grantee's certification that this assessment has been conducted are subject to criminal or civil penalties. DRAFT for 2013 updated regs - September 11, 2014 Page 49 Activity # 2 — Coordination of the Environmental Review Process The Subrecipient shall coordinate the environmental review process as defined under the regulations at 24 CFR Part 58 as follows: For all projects under consideration for HOME funding, the Subrecipient will submit a detailed description of the project or program to the Director of Environmental Affairs (DEA) in the Office of Strategic Planning. The DEA will initiate all activities required to comply with the environmental review requirements at 24 CFR 92,352. § 92.352 Environmental Review General. The environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. b. Responsibility for review. The jurisdiction (e.g., the participating jurisdiction or State recipient) or insular area must assume responsibility for environmental review, decisionmakbg, and action for each activity that it carries out with HOME funds, in accordance with the requirements imposed on a recipient under 24 CFR part 58. No funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. The Subrecipient will ensure that guidance provided under CPD Notice 01.11 [ Environmental Review and the HOME Investment Partnerships Program ] is followed for all proposed activities, including the following:. Responsible entities may enter into an agreement for the conditional commitment of HOME funds for a specific project prior to the completion of the environmental review process. The RE must ensure that any such agreement does not provide the state recipient, subrecipient or contractor any legal claim to any amount of HOME funds to be used for the specific projector site unless and until the site has received environmental clearance. Note: HOME funds that are conditionally committed can be included when determining whether the commitment and CHDO reservation requirements of 24 CFR 92.500 (d) have been met. The following language is acceptable in an otherwise appropriately drafted agreement: Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by [the participating jurisdiction, insular area or state recipient] of a release of funds from the U.S. Department of Housing and Urban Development [or the State of.....] under 24 CFR Part §58. The parties further agree that the provision of any funds to the project is conditioned on the [participating jurisdiction, insular area or state recipient's] determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review, The agreement must also contain a provision prohibiting the state recipient, subrecip €ent or contractor from undertaking or committing any funds to physical or choice - limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair orcanstruction prior to the environmental clearance, and must indicate that the violation of this provision may result in the denial of any funds under the agreement. The agreement should not contain provisions requiring the execution of a construction contract unless the provision requires prior completion of the environmental clearance and advice from the PJ, insular area or state recipient to proceed with the project and/or proceed with execution of the contract. Provisions such as specific work descriptions and plans or specifications should not be included in a conditional HOME commitment. Participating jurisdictions, insular areas and state recipients are encouraged to keep any conditional HOME commitments short and, if necessary, include more detailed provisions relating to project execution in an unexecuted Attachment to avoid the appearance of permission or encouragement to begin undertaking choice - limiting actions. The Subrecipient will ensure that acceptable language as defined above is included in the HOME Agreement and that the Notice to Proceed is not issued for any project until the Release of Funds has been approved. DRAFT for 2013 updated regs - September 11, 2014 Page 50 Activity # 3 — Coordination of Site and Neighborhood Standards Reviews (New Construction of Multi - Family Rental Housing Only) The Subrecipient shall coordinate the Site and Neighborhood Standards review process as defined under the regulations at 24 CFR Part 92.202 as follows: For al1 projects proposing the construction of new rental housing using HOME funding, the Subrecipient will submit a detailed description of the project to the Director of the Division of Planning in the Office of Strategic Planning. Division of Planning staff will evaluate the project in relation to the criteria established under 24 CFR 983,6(b). as noted below and will present a report to the Executive Director of the Office of Strategic Planning, The Executive Director will review the findings and determine whether the proposed sites for new construction meet the requirements of 92.202 and 24 CFR 983.57(e)(2) and (3). HOME Program Requirements - Sec. 92.202 Site and neighborhood standards. a. General. A participating jurisdiction must administer its HOME program in a manner that provides housing that is suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-- 2000d -4), the Fair Housing Act (42 U.S.C. 3601 et seq., E.O. 11063 (3 CFR, 1959 -1963 Comp., p. 652), and HUD regulations issued pursuant thereto; and promotes greater choice of housing opportunities. b. New rental housing. In carrying out the site and neighborhood requirements with respect to new construction of rental housing, a participating jurisdiction is responsible for making the determination that proposed sites for new construction meet the requirements in 24 CFR 983.6(b). Sec. 987.57(e)(2) and (3) Site and neighborhood standards. (b) New construction site and neighborhood standards: 1. The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed, and adequate utilities (water, sewer, gas, and electricity) and streets must be available to service the site. 2. The site and neighborhood must be suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title V1 of the Civil Rights Act of 1964, the Fair Housing Act, Executive Order 11063, and implementing HUD regulations. 3. Location The site must not be located in an area of minority concentration, except as permitted under paragraph (b) (3) (ii) of this section, and must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non - minority residents in the area. A project may be located in an area of minority concentration only if: (A) Sufficient, comparable opportunities exist for housing for minority families, in the income range to be served by the proposed project, outside areas of minority concentration (see paragraph (b)(3)(iii) of this section for further guidance on this criterion); or (B) The project is necessary to meet overriding housing needs that cannot be met in that housing market area (see paragraph (b) (3) (iv) of this section for further guidance on this criterion). iii. (A) Sufficient" does not require that in every locality there be an equal number of assisted units within and outside of areas of minority concentration. Rather, application of this standard should produce a reasonable distribution of assisted units each year that, over a period of several years, will approach an appropriate balance of housing choices within and outside DRAFT for 2013 updated regs - September 11, 2014 Page S1 areas of minority concentration. An appropriate balance in any jurisdiction must be determined in light of local conditions affecting the range of housing choices available for low - income minority families and in relation to the racial vnix of the locality's population. (13) Units may be considered "comparable opportunities" if they have the same household type (elderly, disabled, family, large family) and tenure type (owrerlrenter); require approximately the same tenant contribution towards rent; serve the same income group; are located in the same housing market; and are in standard condition. (C) Application of this sufficient, comparable opportunities standard involves assessing the overall impact of HUD- assisted housing on the availability of housing choices for low- income minority families in and outside areas of minority concentration, and must take into account the extent to which the following factors are present, along with other factors relevant to housing choice: 1. A significant number of assisted housing units are available outside areas of minority concentration. 2. There is significant integration of assisted housing projects constructed or rehabilitated in the past 10 years, relative to the racial mix of the eligible population. 3. There are racially integrated neighborhoods in the locality. 4. Programs are operated by the locality to assist minority families that wish to find housing outside areas of minority concentration. 5. Minority families have benefited from local activities (e.g., acquisition and write -down of sites, tax relief programs for homeowners, acquisitions of units for use as assisted housing units) undertaken to expand choice for minority families outside of areas of minority concentration. 6. A significant proportion of minority households have been successful in finding units in non- minority areas under the Section 8 certificate and voucher programs. 7. Comparable housing opportunities have been made available outside areas of minority concentration through other programs. iv. Application of the "overriding housing needs" criterion, for example, permits approval of sites that are an integral part of an overall local strategy for the preservation or restoration of the immediate neighborhood and of sites in a neighborhood experiencing significant private investment that is demonstrably changing the economic character of the area (a "revitalizing area "). An "overriding housing need," however, may not serve as the basis for determining that a site is acceptable if the only reason the need cannot otherwise be feasibly met is that discrimination on the basis of race, color, religion, sex, national origin, age, familial status or disability renders sites outside areas of minority concentration unavailable or if the use of this standard in recent years has had the effect of circumventing the obligation to provide housing choice. 4. The site must promote greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low- income persons. 5. The neighborhood must not be one which is seriously detrimental to family life or in which substandard dwellings or other undesirable conditions predominate, unless there is actively in progress a concerted program to remedy the undesirable conditions. 6. The housing must be accessible to social, recreational, educational, commercial, and health facilities and services, and other municipal facilities and services that are at least equivalent to those typically found in neighborhoods consisting largely of unassisted, standard housing of similar market rents. 7. Except for new construction housing designed for elderly persons, travel time and cost via public transportation or private automobile, from the neighborhood to places of employment providing a range of jobs for lower- income workers, must not be excessive. DRAFT for 2013 updated regs - September 11, 2014 Page 52 Activity # 4 — HOME Program Compliance Monitoring and Ongoing Project Management — Rental and Homebuyer /lousing The Subrecipient shall provide for monitoring of HOME - assisted homebuyer and rental housing to ensure compliance with executed HOME Agreements and HOME regulations. The Subrecipient shall maintain a database /list of all HOME- assisted homebuyer and rental properties based on the IDIS. PR02 and PR22 Reports and shall establish a monitoring schedule for properties to be monitored. The Subrecipient shall review the list with Grantee staff quarterly to ensure the integrity of the database and will document all monitoring activities. The Subrecipient will follow the policies and procedures established by the City of Buffalo Office of Strategic Planning as provided and revised each year. The Subrecipient will ensure that all HOME activities to which funds are committed after August 23, 2013, , comply with the 2013 Final Rule requirements as further explained in HUD Notice CPD- 14 -0$, regardless of the grant year (Annual Action Plan Project) year from with the funds are actually disbursed The Subrecipient shall provide for monitoring of HOME- assisted rental housing as follows and consistent with the OSP Multi - family Housing Monitoring Plan provided in Appendix M of the OSP Housing Programs, Policies and Procedures Guidebook ■ Multi- family Rental Housing Projects For each multi - family housing project, the Subrecipient monitoring staff conducts a desk review and/or on -site monitoring as applicable. The team reviews and tests project files for: tenant selection, evidence of affirmative marketing, leases and project rules, tenant file maintenance, income certifications, rent limits, lead based paint, proof of paid city obligations (taxes, water /sewer) and audited financials. Specifically, to ensure compliance with HOME requirements the Subrecipient will - 1. Arrange for on -site inspections by a City of Buffalo building inspector to ensure compliance with property standards as required under 92.504(d) On -site inspections and financial oversight. 1. Inspections. The participating jurisdiction must inspect each project at project completion and during the period of affordability to determine that the project meets the property standards of § 92.251. i. Completion inspections. Before completing the project in the disbursement and information system established by HUD, the participating jurisdiction must perform an on -site inspection of HOME - assisted housing to determine that all contracted work has been completed and that the project complies with the property standards of § 92.251. ii. Ongoing periodic inspections of HOME - assisted rental housing. During the period of affordability, the participating jurisdiction must perform on -site inspections of HOME- assisted rental housing to determine compliance with the property standards of § 92.251 and to verify the information submitted by the owners in accordance with the requirements of § 92.252. The inspections must be in accordance with the inspection procedures that the participating jurisdiction establishes to meet the inspection requirements of § 92.251. a. The on -site inspections must occur within 12 months after project completion and at least once every 3 years thereafter during the period of affordability. b. If there are observed deficiencies for any of the inspectable items in the property standards established by the participating jurisdiction, in accordance with the inspection requirements of § 92.251, a follow -up on -site inspection to verify that deficiencies are corrected must occur within 12 months. The participating jurisdiction may establish a list of non - hazardous deficiencies for which correction can be verified by third party documentation (e.g., paid invoice for work order) rather than re- inspection. Health and safety deficiencies must be corrected immediately, in accordance with § 92.251. The participating jurisdiction must adopt a more frequent inspection schedule for properties that have been found to have health and safety deficiencies. DRAFT for 2013 updated regs - September 11, 2014 Page 53 c. The property owner must annually certify to the participating jurisdiction that each building and all HOME- assisted units in the project are suitable for occupancy, taking into account State and local health, safety, and other applicable codes, ordinances, and requirements, and the ongoing property standards established by the participating jurisdiction to meet the requirements of § 92.251. d. Inspections must be based on a statistically valid sample of units appropriate for the size of the HOME - assisted project, as set forth by HUD through notice. For projects with one -to -four HOME- assisted units, participating jurisdiction must inspect 100 percent of the HOME - assisted units and the inspectable items (site, building exterior, building systems, and common areas) for each building housing HOME - assisted units. 2. Inspections will also be conducted to verify rent, income and occupancy information submitted by the project owners every 2 or 3 years depending on the total number of units in the project. number of units inspection required 5 -25 every 2 years 26 or more annual) 3. Review the annual financial statement for each project to ensure that they remain viable 4. Notify the Grantee If a project becomes troubled - financially, physically or otherwise and recommend a course of action to ensure continuing compliance with HOME program requirements. The Grantee will be responsible for determining what actions will be taken. 5. Provide information annually to owners /agents regarding. correct HOME High and Low rent levels to be used in management of the project. 6. Review and approve requests for rent increases 7, Ensure that the correct utility allowances are used, in projects and are subtracted from tenant rents when utilities are paid by tenants. ] S. Provide information to owners/agents regarding applicable income limits to be used determining tenant eligibility 9. Ensure that the is owner /agent is using the same definition of income for all tenants 10. Ensure that owners /agents determine initial income of tenants using appropriate source documentation 11. Ensure that owners /agents obtain tenant income recerti €ications annually. 12. Ensure that owners /agents determine tenant incomes every 6th year using source documentation? 13. For projects with more than 5 HOME - assisted units, the Subrecipient will ensure that at least 20% of units are occupied by households below 50% of area median income and bear rents no greater than low HOME rents as per the terms of the HOME Agreement. 14. Ensure that an owner /agent follows an established procedure regarding unit substitution and filling vacancies so that the property remains in compliance with occupancy requirements 15. Ensure that the owner/agent has incorporated the lead safety requirements of Part 35, as applicable, specifically relating to property maintenance and tenant notifications. 16. Ensure that the owner /agent is following the approved affirmative marketing plan and tenant selection policies for projects with five or more HOME - assisted units. At the conclusion of the monitoring visit, the team will discuss the preliminary results of the visit with the owner and property manager to provide an opportunity for the owner and /or site manager to report steps they may already have been taken to address areas of non - compliance or non - performance. The inspector also will provide a brief review of his report. f=ollowing the visit the Subrecipient will prepare a written report for each project regarding any findings or concerns resulting from desk and on-site reviews, including any recommendations for corrective action. The Subrecipient will submit the report to the Grantee for review and approval. DRAFT for 2013 updated regs -September 11, 2014 Page 54 After a final review of the test papers and sample documents, a written monitoring report will be sent to the owner /management agent. If the property appears to be in full compliance, this will be noted in the report, and the file will be closed. If concerns and/or findings are cited, a written response from the owner /manager must be submitted to the Office of Strategic Planning within thirty days of the date of the monitoring report. Once the corrective actions are completed and verified, the monitoring staff will send a clearance letter to the owner /manager stating that the findings and /or concerns are closed. If the cited items are not fully addressed, then follow -up actions will be taken by the lead team member. If the owner /project management is still unable to demonstrate compliance, corrective actions, such as meeting with the site manager or offering additional technical assistance (such as written guidance) will be taken by OSP staff a Owner occupied rental housing projects (1 — 4 units) For each owner- occupied rental housing project, the Subrecipient will annually collect information regarding rental unit occupancy, tenant eligibility and rent levels. To ensure compliance with HOME requirements the Subrecipient will - 1. Arrange for on -site inspections by a City of Buffalo building inspector or Supervisor of Building Construction to ensure compliance with property standards and will verify rent, income and occupancy information submitted by the project owners. The Subrecipient will provide a copy of the OSP Guide for Landlords (Attachment D) to each owner to assist in rental unit compliance number of units on -site inspection required 1 -4 every 3 years 2. Contact each owner to discuss any deficiencies in the information reported or other program requirements that need clarification. 1 Prepare a written report documenting any issues that need to be resolved or confirming that the project is in compliance with HOME program guidelines. The Subrecipient will submit the report to the Grantee for review and approval and will transmit the report to the owner for his/her records. 4. If the owner is unable to demonstrate compliance, corrective actions, such as meeting with the owner or offering additional technical assistance (such as written guidance) will be taken by OSP staff ■ Homebuyer Housing - Annual Owner Occupancy Compliance The Subrecipient will monitor occupancy compliance by mailing letters requiring the return of a signed Certification of Compliance to participating owners. The letters will be mailed "Address Correction Requested — Do Not Forward ". An unopened returned letter will lead to a site visit by Subrecipient staff and other actions to determine the current address of the owner. A search of Erie County Clerk records will be undertaken to determine if another local property has been purchased or if a foreclosure action has been initiated. The Subrecipient will also work with the City's CHDO partners to ensure that CHDO sponsored housing remains compliant. In the event of non - compliance, legal options will be explored with subsequent action taken as appropriate. DRAFT for 2013 updated regs - September 11, 2014 Page 55 Activity # 5 — Coordination of URA Acquisition and Relocation actions as applicable The Subrecipient shall ensure that HOME projects involving acquisition, {including downpayment assistance, conversion, demolition and/or rehabilitation that are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197 (URA), as amended, and Section 104(d) of the Housing and Community Development Act of 1974 comply with the applicable regulations. The Subrecipient will provide technical assistance and guidance to Grantee staff, as well as program partners and applicants, to ensure URA requirements are met. In cases where URA compliance applies, failure to meet the requirements may lead to a determination that HOME funds should not be provided. The Subrecipient will also ensure that the requirements of Section 104(d), including Sec. 42.375 [One-for-one replacement of lower- income dwelling units] are met. The Subrecipient will advise the Grantee regarding all cases where relocation or acquisition is proposed and compliance is required and will ensure that the project file is properly documented, including, but not limited to, inclusion of - 1. a Relocation Plan, if applicable? (May be required under certain HUD program regulations /guidance — e.g., HOPE Vl. Please refer to the appropriate regulations for the HUD program being reviewed.) 2. an occupant roster, current at the time of the application, including all of the following information? (If no current roster is available, indicate below the reason, the date of the latest raster, or whether something other than a roster was used.) 3. an occupant list from at least three months prior to the date of application? 4. a comparison of the occupant lists from the time of application and at least three months prior suggest that displacement may have occurred? 5. an explanation of the reasons any persons vacated between application and initiation of negotiations? (Include the names of persons who moved out without receiving notices or assistance below.) 6. a copy of a Move -In Notice for all new occupants that moved into the project since application? 7. information regarding the advisory services that will be /have been offered? 8. copies of the following notices! • General Information Notice? [49 CFR 24.203(a)] • Notice of Eligibility • Notice of Nondisplacement • 90 -day Notice • 30-day Notice • Notice of Temporary Relocation 9. Notice of Interest 10. Notice of Intent to Acquire 11. evidence that notices were hand delivered or served registered or certified mail, return receipt requested In cases where URA and 104(d) compliance applies, failure to meet the requirements may lead to a recommendation to the Grantee that that HOME funds should not be provided. DRAFT for 2013 updated regs - September 11, 2014 Page 56 Activity # 6 — Management of the HOME Loan Portfolio and Return of Program Income to the Grantee The Subrecipient will manage the existing BURA loan portfolio, inc #uding the collection of Program Income from payments made on loans provided through BURA, or the Buffalo Neighborhood Revitalization Corporation (BNRC). The Subrecipient will also provide for the collection of payments on new loans made by the Subrecipient and the receipt and return of such Program Income to the Grantee. Program income includes, but is not limited to: • Proceeds from the sale or long -term lease of real property acquired, rehabilitated or constructed with HOME funds or matching contributions; • Income from the use or rental of real property owned by a PJ, state recipient or subrecipient that was acquired, rehabilitated or constructed with HOME funds or matching contributions, minus the costs incidental to generating that income; ■ Payments of principal and interest on loans made with HOME or matching funds, and ■ proceeds from the sale of loans or obligations secured by loans made with HOME or matching contributions; Interest on program income; Recaptured Funds NOTE - Any amount recaptured as a result of a homebuyer property being sold within the affordability period must be used for HOME projects in accordance with all HOME rules. Recaptured funds are a return of original HOME investment and are technically not program income. Therefore, unlike program income, 10 percent of recaptured funds cannot be used for planning and administrative costs. The Subrecipient is not permitted to retain HOME program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with HOME Regulations. Any existing HOME Program Income of BURA shall be remitted to the Grantee upon execution of this agreement. The Subrecipient shall return all future program income generated by HOME Program activities undertaken at any time since the inception of the HOME program to the Grantee within 45 days of the end of the month during which such income was collected. for redistribution by the Grantee. The Subrecipient agrees that any HOME program income on hand when the agreement expires or received after such expiration shall be returned to the Grantee as required by the HOME Regulations. The Subrecipient will provide for all necessary loan servicing actions including, but not limited to the processing of requests from owners for subordinations, forbearance, loan restructuring, lien releases and other loan servicing and program delivery activities. DRAFT for 2013 updated regs - September 11, 2014 Page 57 The Subrecipient will follow the policies and procedures provided by the Office of Strategic Planning in the management of the portfolio. Activity ## 7 — Management of the HOME program timeliness deadlines, including the two -year commitment and five or four year expenditure deadlines, as applicable and Implementation of FY 2012 and 2013 HOME Appropriate Requirements The Subrecipient will administer the HOME program to ensure HOME program timeliness deadlines are met, including, but not limited to the deadlines for the commitment and expenditure of HOME funds found at 24 CFR 92.300 (CHDO) and 24 CFR 92.500(d) HOME Investment Trust Fund Reductions and the Consolidated and Further Continuing Appropriations Act of 2012 (P. L 112 -55) as provided under CPD Notice 12 -007 (Operating Guidance for Implementing FY 2012 HOME Appropriation Requirements) and CPD Notice 14 -08 (Operating Guidance for Implementing FY 2012 and FY 2013 HOME Appropriations Requirements). ■ 92.300 Set -aside for Community Housing Development Organizations (CHDO) a.1. Within 24 months after HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnerships Agreement, the participating jurisdiction must reserve not less than 15 percent of the HOME allocation for investment only in housing to be developed, sponsored, or owned by community housing development organizations. For a State, the HOME allocation includes funds reallocated under § 92.451(c) (2) (i) and, for a unit of general local government, funds transferred from a State under § 92.102(b). The funds are reserved when a participating jurisdiction enters into a written agreement with the community housing development organization. The funds must be provided to a community housing development . organization, its subsidiary or a partnership of which it or its - subsidiary is the managing general partner. If a CHDO owns the project in partnership, it or its wholly owned for- profit or non - profit subsidiary must be the managing general partner. In acting in any of the capacities specified, the community housing development organization must have effective project control. In addition, a community housing development organization, in connection with housing it develops, sponsors or owns with HOME funds provided under this section, may provide direct homeownership assistance (e.g. downpayment assistance) and not be considered a subrecipient. ■ 92.500 The HOME Investment Trust Fund d. 1. Reductions. HUD will reduce or recapture HOME funds in the HOME Investment Trust Fund by the amount of: A. Any funds in the United States Treasury account that are required to be reserved (i.e., 15 percent. of the funds) by a participating jurisdiction under § 92.300 that are not reserved for a community Housing development organization pursuant to a written agreement within 24 months after the last day of the month in which HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnership Agreement; B. Any funds in the United States Treasury account that are not committed within 24 months after the last day of the month in which HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnership Agreement; C. Any funds in the United States Treasury account that are not expended within five years after the last day of the month in which HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnership Agreement; and D. Any penalties assessed by HUD under § 92.552 of this part. ■ IMPLEMENTATION OF FY2012 and FY 2013 HOME APPROPRIATIONS REQUIREMENTS The Subrecipient will ensure that all HOME activities to which funds are committed after August 23, 2013, comply with the 2013 Final Rule requirements as further explained in HUD Notice CPD- 14 -08, regardless of the grant year (Annual Action Plan Project) year from with the funds are actually disbursed 1. Four -Year Project Completion (24 CFR 205(e)(2) Requirement: If a participating jurisdiction does not complete a projectwithin 4 years of the date of commitment of funds, the project is considered to be terminated and the participating jurisdiction must repay all funds invested in the project to the participating jurisdiction's HOME Investment Trust Fund in accordance with §92.503(b). The participating jurisdiction may request a one -year extension of this DRAFT for 2013 updated regs - September 11, 2014 Page 58 deadline in writing, by submitting information about the status of the project, steps being taken to overcome any obstacles to completion, proof of adequate funding to complete the project, and a schedule with milestones for completion of the project for HUD's review and approval. For the purpose of complying with this requirement, completion shall rnean that all necessary construction work has been completed and the project has received a certificate of occupancy or other local certification indicating that construction or rehabilitation has been completed and the project is ready for occupancy. For owner - occupied rehabilitation projects, completion means that all rehabilitation work has been completed,. the PJ or its designee has performed a final inspection, and the homeowner has accepted the work, as indicated by a final sign -off. 2. Assessment of Project Underwriting, Developer Capacity and Market Need (24 CFR 260) Before committing funds to a project, the participating jurisdiction must evaluate the project in accordance with guidelines that it has adopted for determining a reasonable level of profit or return on owner's or developer's investment in a project and must not invest any more HOME funds, alone or in combination with other governmental assistance, than is necessary to provide quality affordable housing that is financially viable for a reasonable period (at minimum, the period of affordability in § 92.252 or § 92.254) and that will not provide a profit or return on the owner's or developer's investment that exceeds the participating jurisdiction's established standards for the size, type, and complexity of the project. The participating jurisdiction's guidelines must require the participating jurisdiction to undertake: 1. An examination of the sources and uses of funds for the project and a determination that the costs are reasonable; and 2. An assessment, at minimum, of the current market demand in the neighborhood in which the project will be located, the experience of the developer, the financial capacity of the developer, and firm written financial commitments for the project. 3. For projects involving rehabilitation of owner- occupied housing pursuant to § 92.254(b): i. An underwriting analysis is required only if the HOME - funded rehabilitation loan is an amortizing loan; and ii. A market analysis or evaluation of developer capacity is not required. 3. Six Month Deadline for Sale of Homebuyer Units (Public Law 912 -55) Any HOME homebuyer unit that is set up under a 2012 or 2013 Action Plan project that is not sold to an eligible homebuyer within six months of construction completion must be converted to a HOME rental unit or the PJ must repay the HOME Investment. For all other homebuyer projects for which a commitment is executed after August 23, 2013, if there is Ho ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with §92.252. 4. CHDO Development Capacity (24 CFR 92.300) Funds may not be reserved to a CHDO for development activities unless there has been a determination that the CHDO has staff with demonstrated development experience. The subrecipient will ensure that sufficient information is submitted to document that the current CHDO staff have experience developing projects of a similar size, scope and level of complexity as the activities for which HOME funds are being reserved or committed. The Subrecipient shall submit the following reports to the Grantee for review and discussion: 1. Monthly Progress Reports regarding the status of Open HOME projects, including evaluations of any projects that are nearing completion or have stalled or are behind schedule. 2. Quarterly Reports detailing the results of HOME Multi- family housing monitoring. 3. The subrecipient will update its HOME activities on HUD's Integrated Disbursement & Information DRAFT for 2013 updated regs - September 11, 2014 p age 59 System (IDIS) to complete the Annual Grantee Performance Report submitted for the City's Consolidated Annual Performance & Evaluation Report (CAPER). 4. The subrecipient will review standard IDIS reports with the Grantee on a monthly basis, including the HOME Deadline Compliance, Status of HOME Grants (PR27), Status of HOME Activities (PR222) and others as appropriate. The above reports shall be submitted to the Executive Director of Strategic Planning and shall outline any concerns related to the information provided. The Subrecipient will notify the Grantee of any issues that must be resolved to ensure that applicable deadlines are met. The Subrecipient will also ensure the entry of data a completion of HOME projects within 120 days of the final draw. DRAFT for 2013 updated regs -September 11, 2014 Page 60 Activity # 8 — HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews, and Funds Disbursement The Integrated Disbursement and Information System (IDIS) Online system is sponsored by the Office of Community Planning and Development (CPD) within the Department of Housing and Urban Development (HUD). IDIS Online is a real -time, web -based computer application that provides financial disbursement, tracking, and reporting activities for the CPD formula grant programs. IDIS Online enables HUD grantees to drawdown program funds and report on the activities and accomplishments outlined in each jurisdiction's Consolidated Plan. IDIS Online provides timely performance information regarding accomplishments achieved with the use of program funds, pursuant to the Government Performance and Results Act of 1993 (GPRA) and the specific requirements of the formula programs administered by CPD. IDIS OnLine programs include the, NOME Investment Partnership Program (HOME). The Subrecipient will ensure the accurate entry of information and data to IDIS, including, but not limited to - • adding 1 setting up and editing 1 updating projects • adding 1 setting up and editing / updating, activities including the entry of accomplishment data and completion, or cancelation dates • entry of information and data related to the preparation of the Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) Following execution of a HOME Agreement for a specific activity, the Subrecipient will request that the Grantee fund the activity in IDIS. The Subrecipient will prepare an encumbrance package to request that the Grantee fund the activity in IDIS (see sample encumbrance cover page at Exhibit F). The package will include — • HUD Release of Funds • HOME Designation 1 IDIS Form • Project Budget • Work Write -up and Specifications, if applicable • Certification that the HOME Agreement has been executed • Note and Mortgage After an activity is funded in IDIS and confirmation of funding is sent to the Subrecipient by the Grantee, the Subrecipient will submit draw requests to the Grantee. The Grantee will create a voucher within IDIS and confirm the drawdown amount(s). The Grantee will approve the voucher and disburse the funds to the Subrecipient for release to the owner, developer, or other agent. as appropriate. The Grantee will ensure that the same individual does not request and approve a given draw down in IDIS. The Subrecipient will be responsible for the disbursement of funds for specific HOME activities, and will ensure that HOME Program requirements are met for all programs and projects before the request for disbursement of HOME funds is submitted to the Grantee, HOME funds for eligible expenses for program and project activities will be provided directly to owners, developers, sponsors, CHDOs, and for- profit and not -for- profit entities by the Subrecipient. Project expenses shall be paid by the Subrecipient and the Grantee based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted to the Grantee through the Office of Strategic Planning on forms specified by the Grantee with adequate and proper documentation of eligible costs incurred in compliance with 92.206 and necessary for HUD IDIS disbursement requirements. Effective December 14, 2001, the same person could no longer both request and approve a given draw down in IDIS. The Grantee will establish Subfunds and Subgrants for CHDO activities as appropriate. The Subrecipient will report HOME project completion and beneficiary data for all HOME projects, including initial occupants of rental projects, timely by entering it in IDIS on a regular basis, and will periodically review the status of all projects in the system to identify those that need to be cancelled. The Subrecipient will enter DRAFT for 2013 updated regs - September 11, 2014 Page 61 project completion information into IDIS within 120 days of making a final draw for a project. The Subrecipient recognizes that HUD may suspend further project set -ups or take other corrective actions, if satisfactory project completion data is not provided. For HOA9E Assisted Projects, Project Completion means that all necessary title transfer requirements and construction work have been performed; the project complies with the requirements of this part (including the property standards under §92.251); the final drawdown of HOME funds has been disbursed for the project; and the project completion information has been entered into the disbursement and information system established by HUD, except that with respect to rental housing project completion, for the purposes of §92.502(d) of this part, project completion occurs upon completion of construction and before occupancy. Project completion information, including beneficiary data for any occupied units will be entered into IDIS as soon as it is available. Beneficiary data for units that are vacant at the time of project completion will be entered as they are obtained. For homeowner rehabilitation projects, project completion data, including beneficiary data, will be entered as soon as the rehabilitation and final inspections are completed. For homebuyer projects (particularly those involving downpayment assistancewith no construction activity), project completion and beneficiary data may be entered at the time that a final draw is made, as total costs, other financing sources, and occupant information are known at that time, if this is not possible, project completion information will be entered immediately after the closing. In instances where information on initial tenants of HOME rental housing units is unavailable and those tenants have already moved, the Subrecipient may instead enter the current tenant's beneficiary data in order to correct the non - compliance in reporting. For homeowner rehabilitation and homebuyer assistance units, only data for the household that was the original beneficiary of the assistance is acceptable. The Subrecipient will draw and format IDIS reports to ensure compliance with IDIS requirements and regulations, including, but not limited to the following standard reports - • PR 02 - List of Activities by Program Year and Project • PR 05 - Drawdown Report by Project and Activity • PR 07 - Drawdown Report by Voucher Number • PR 22 - Status of HOME Activities • PR 25 - Status of CHDO Funds by Fiscal Year Report • PR 27 - Status of HOME Grants Report Reports will be distributed to Subrecipient and Grantee staff as needed or requested. DRAFT for 2013 updated regs - September 11, 2014 Page 62 Activity # 9 - Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolida Annual Performance and Evaluation Report (CAPER) The Consolidated Plan is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data - driven, place -based investment decisions. The consolidated planning process serves as the framework for a community -wide dialogue to identify housing and community development priorities that align and focus funding from the four CPD formula block grant programs: the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), the Emergency Solutions Grant (ESG) program, and the Housing Opportunities for Persons with AIDS (HOPWA) program. Key components of the Consolidated Plan include: • Consultation and Citizen Participation. Through the Consolidated Plan (often called the "Con Plan "), grantee jurisdictions engage the community, both in the process of developing and reviewing the proposed plan, and as partners and stakeholders in the implementation of CPD programs. By consulting and collaborating with other public and private entities, grantees can align and coordinate community development programs with a range of other plans, programs and resources to achieve greater impact. • The Consolidated Plan. The 3- to 5 -year Consolidated Plan describes the jurisdiction's community development priorities and multiyear goals based on an assessment of housing and community development needs, an analysis of housing and economic market conditions and available resources. • The Annual Action Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non - federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. • Consolidated Annual Performance and Evaluation Report (CAPER). In the CAPER, grantees report on accomplishments and progress toward Consolidated Plan goals in the prior year. The Subrecipient shall be responsible for assisting the Grantee in the preparation of the Five Year Consolidated Plan, the Annual Action Plan. Plan Amendments, the Grantee Certifications, the SF 424 Forms and the Consolidated Annual Performance and Evaluation Report (CAPER) in compliance with 24 CFR Part 91, The Subrecipient will coordinate all activities related to the conduct of public hearings, consultations and collaborations with other public and private entities to support preparation of the Plans. The Subrecipient will ensure the collection of all necessary information and data entry into IDIS related to setting up projects for the Annual Action Plan Process and completion of the CAPER. DRAFT for 2013 updated regs - 5eptember 11, 2014 Page 63 Exhibit A3 - General Program Requirements Carn trance gvitlt F:evosed H "ME Regu,lat €Q es The Subrecipient acknowledges that revised HOME Regulations (Regulations) at 24 CFR Part 92 were released on July 24,2013, and as part of its duties and obligations under this Agreement, the Subrecipient agrees to comply with any and all revisions to those Regulations. Changes to the regulations may be found at https:Hwww. fed eralregister.gov/articles/2013/07/24/2013- 173481 investment partnerships - program - improving - performance - and - accountability- updating - property Whenever the language of this Agreement does not incorporate any and all revisions to the Regulations, the Subrecipient acknowledges that the revised requirements and /or obligations placed upon a Subrecipient shall apply and shall be considered as fully stated herein. Maniorn�;H ndbaoks.'� ._. .. The Grantee will utilize the CPD Monitoring Handbook 8509.2 (Chapter 7) and revisions, and Monitoring HOME Program Performance (HUl3 -2030 -CPD, October 2000) to ensure acceptable performance by the Subrecipient in the delivery of HOME programs and administrative activities and certify compliance with HOME regulations. �errQds �� AfFordal�Efity '" f ��� � 3' f In the delivery and administration of the HOME program, the Subrecipient will ensure that housing assisted with HOME funds meets the affordability requirements of 92.252 (rental) and /or 92.254 homeownership as follows: The Subrecipient will be responsible for monitoring compliance with this requirement for all HOME- assisted housing. The terms of the HOME Agreement with each homeowner, homebuyer, owner, developer, CHDO, for-profit or not -for profit agent will require repayment of funds to the Grantee if the HOME - assisted housing does not meet the affordability requirements for the duration of the affordability period. Minimum period of Rental Housing Activity. _ affordability Rehabilitation or acquisition of existing housing per unit amount of HOME funds: Under $15,000 5 years $15,000 to $40,000 10 years Over $40,000 or rehabilitation involving refinancing 15 years New Construction or acquisition of newly constructed housing 20 years The Subrecipient will ensure compliance with the affordability requirements as part of the annual on -site and /or desk monitoring activities undertaken for Rental Housing Minimum period of Homeownership Assistance affordability HOME Amount per Unit Under $15 5 years $15,000 to $40,000 10 years Over $40,000 or rehabilitation involving refinancing 15 years DRAFT for 2013 updated regs - 5eptember 11, 2014 Page 64 The Subrecipient will monitor occupancy compliance for Homebuyer housing by mailing letters requiring the return of a signed Certification of Compliance to participating owners. The letters will be mailed "Address Correction Requested -- Do Not Forward ". An unopened returned letter will lead to a site visit by Subrecipient staff and other actions to determine the current address of the owner, A search of Erie County Clerk records will be undertaken to determine if another local property has been purchased or if a foreclosure action has been initiated. The Subrecipient will also work with the City's CHDO partners to ensure that CHDO sponsored housing remains compliant. In the event of non - compliance, legal options will be explored with subsequent action taken as appropriate. Income Taret�ng The Subrecipient will utilize the definition of annual income found at 24 CFR Part 5 determine the eligibility of applicants to all City of Buffalo homeownership housing programs. The Subrecipient will determine which definition to The Subrecipient will ensure compliance with 24 CFR 92.216 and 92.217 as follows ■ 92.216 Rental Units The Grantee must invest HOME funds made available during a fiscal year so that, with respect to tenant - based rental assistance and rental units: a. Not less than 90 percent of 1. The families receiving such rental assistance are families whose annual incomes do not exceed 60 percent of the median family income for the area, as determined and made available by HUD with adjustments for smaller and larger families (at the time of occupancy or at the time funds are invested, whichever is later; or 2. The dwelling units assisted with such funds are occupied by families having such incomes; and b. The remainder of: 1. The families receiving such rental assistance are households that qualify as low- income families (other than families described in paragraph (a)(1) of this section) at the time of occupancy or at the time funds are invested, whichever is later; or 2. The dwelling units assisted with such funds are occupied by such households. The Subrecipient will ensure that initial occupancy for newly developed all rental housing is restricted to households earning 60% or less of the median adjusted for family size. For projects with 5 or more units, a minimum of 20% of the HOME- assisted units will be reserved for households earning 50% of the median or less at initial occupancy and throughout the remainder of the affordability period. Note — the Grantee does not support tenant -based rental assistance projects at this time. ■ 92.217 Income Targeting: Homeownership The Subrecipient will ensure that all HOME funds made available during a fiscal year with respect to homeownership assistance are invested only in dwelling units that are occupied by households that qualify as low- income families. The Subrecipient will utilize the definition of annual income found at 24 CFR Part 5 to determine the eligibility of applicants to all City of Buffalo housing programs. DRAFT for 2013 updated regs - September 11, 2014 Page 65 affordability, the participating jurisdiction may use any one of the following methods in accordance with § 92.252 : i. Examine .at least 2 months of source documents evidencing annual income (e.g., wage statement, interest statement, unemployment compensation statement) for the family. Smug citation box. ii. Obtain from the family a written statement of the amount of the family's annual income and family size, along with a certification that the information is complete and accurate. The certification must state that the family will provide source documents upon request. iii. Obtain a written statement from the administrator of a government program under which the family receives benefits and which examines each year the annual income of the family. The statement must indicate the tenant's family size and state the amount of the family's annual income; or alternatively, the statement must indicate the current dollar limit for very low- or low- income families for the family size of the tenant and state that the tenant's annual income does not exceed this limit. NOTE - Tenant income 92.252(h). The income of each tenant must be determined initially in accordance with § 92.203(a)(1)(i). In addition, each year during the period of affordability the project owner must re- examine each tenant's annual incorne in accordance with one of the options in § 92.203 selected by the participating jurisdiction. An owner of a multifamily project with an affordability period of 10 years or more who re- examines tenant's annual income through a statement and certification in accordance with §92.203(a)(1)(ii), must examine the income of each tenant, in accordance with § 92.203(a)(1)(i), every sixth year of the affordability period. Otherwise, an owner who accepts the tenant's statement and certification in accordance with § 92.203(a)(1)(ii) is not required to examine the income of tenants in multifamily or single - family projects unless there is evidence that the tenant's written statement failed to completely and accurately state information about the family's size or income. 2. For all other families (i.e., homeowners receiving rehabilitation assistance, homebuyers, and recipients of HOME tenant -based rental assistance), the participating jurisdiction must determine annual income by examining at least 2 months of source documents evidencing annual income (e.g., wage statement, interest statement, unemployment compensation statement) for the family. b) When determining whether a family is income eligible, the participating jurisdiction must use one of the following two definitions of "annual income ": 1. Annual income as defined at 24 CFR 5.609 (except when determining the income of a homeowner for an owner- occupied rehabilitation project, the value of the homeowner's principal residence may be excluded from the calculation of Net Family Assets, as defined in 24 CFR 5.603); or 2. Adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 series for individual Federal annual income tax purposes c) Although the participating jurisdiction may use either of the definitions of "annual income" permitted in paragraph (b) of this section to calculate adjusted income, it must apply exclusions from income established at 24 CFR 5.611. The HOME rents for very low- income families established under § 92.252(b)(2) are based on adjusted income. In addition, the participating jurisdiction may base the amount of tenant -based rental assistance on the adjusted income of the family. The participating jurisdiction may use only one definition for each HOME- assisted program (e.g., downpayment assistance program) that ifiadministers and for each rental housing project. (see 24 CFR 92.203) d) Timing 1. The participating jurisdiction must calculate the annual income of the family by projecting the prevailing rate of income of the family at the time the participating jurisdiction determines that the family is income eligible. Annual income shall include income from all persons in the household. Income or asset enhancement derived from the HOME- assisted project shall not be considered in calculating annual income. DRAFT for 2013 updated regs September 11, 2014 Page 66 2. The participating jurisdiction is not required to re- examine the family's income at the time the HOME assistance is provided, unless more than six months has elapsed since the participating jurisdiction determined that the family qualified as income eligible. 3. The participating jurisdiction must follow the requirements in § 5.617 when making subsequent income determinations of persons with disabilities who are tenants in HOME- assisted rental housing or who receive tenant -based rental assistance. DRAFT for 2013 updated regs - September 11, 2014 Page 67 Exhibit 13 — Sc ope of Services — Budget and Staffin Total funds to be disbursed by StlRA for HOME Program Activities, not including future program income is $19,764,772.93 as per the IOIS PR27 Report dated September 4, 2014. Detailed budgets are presented in the Annual Action Plans for each year Fiscal Year Total Authorization Grant Balance i 4,789,546.00 140 980.69 2008 4,599 _._ _.. 2009876 _ 5,081 00 .__._..__... �. _ .... -._ 1 r ...._._ . 045 .t 510.18 _.... _ _......_ _._._ 2010 5,073,088.00 _... _. 3, 675,611.30 _._ 4,079,958 . 86 — 2012 - -- 2, 819.00 2,772,819_00 — 2013 ...- ....._i 2,627,890.00 2,627,890.00 W _ . ..... 2014 2 2,711 Total -- ..._- 32,132,545.00 17 053 771.03 2015 2,711,001.00 2,711,001.00 estimated award TOTAL 34,843,546.00 19,764,772.03 *:+ Contract services may include legal services, Technical Assistance and Financial Accounting Services. ❖ Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C) (2) of this agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. [ Matrix Code 2111 - HOME Administration /Planning Cost of PJs (subject to 10% Administration Cap) ] Costs allowed under this agreement include reasonable costs of overall program administration, management, coordination, monitoring, and evaluation as defined by 24 CFR 92.207. Such costs include, but are not limited to, necessary expenditures for the following 1. Staff and overhead costs incurred in the administration of the HOME Program 2. Travel costs incurred for official business in carrying out the program; 3. Administrative services performed under third party contracts or agreements, including such services as general legal services, accounting services, and audit services; 4. Other costs for goods and services required for administration of the program, including such goods and services as rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space; 5. Staff and overhead costs directly related to carrying out the project, such as work specifications preparation, loan processing, inspections, and other services related to assisting potential owners, tenants, and homebuyers; 6. Staff and overhead costs directly related to providing advisory and other relocation services to persons displaced by the project, including timely written notices to occupants, referrals to comparable and suitable replacement property, property inspections, counseling, and other assistance necessary to minimize hardship. These costs may be charged as administrative costs DRAFT for 2013 updated regs - September 11, 2014 Page 68 or as project costs under § 92.206 (d) (6) and (f) (2), at the discretion of the Grantee. 7. Public information. The provision of information and other resources to residents and citizen organizations participating in the planning, implementation, or assessment of projects being assisted with HOME funds. 8. Fair housing. Activities to affirmatively further fair housing in accordance with the participating jurisdiction's certification under 24 CFR part 91. 9. Indirect Costs. Indirect costs may be charged to the HOME program under a cost allocation plan prepared in accordance with OMB Circulars A -87 or A -122 as applicable. 10. Preparation of the consolidated plan required under 24 CFR part 91. Preparation includes the costs of public hearings, consultations, and publication. 11. Other Federal requirements. Costs of complying with the Federal requirements in subpart H of this part. Project- specific environmental review costs may be charged as administrative costs or as project costs in accordance with § 92.206(d) (8), at the discretion of the participating jurisdiction. DRAFT for 2013 updated regs -September 11, 2014 Page 69 Subrecipient Staffing — HOME GRANT - STAFFING Salaries will fund the positions listed below. The percentage of time charged to HOME and the positions are an estimate. Staff will complete Cost Allocation Reports on a 81-Weekly Basis. The HOME Program will be charged for actual hours worked on HOME activities. From time to time, staff may work on activities outside the division for which they are assigned to and may work on more than one HUD Grant Program. Activity 4: Program Delivery — Downpayment Closing Cost Assistance Activity 5: Program Delivery — Rehabilitation Administration Director of Housing (BURR) 45% HOME Assistant Grants Monitor 90% HOME CAD Specialist 95% HOME Supervisor of Building Construction 15% HOME Public Works BURA Engineer 15% HOME Administration Special Projects Manager 28% HOME Internal Auditor 10% HOME Accountant 10% HOME Payroll Manager 10% HOME BURA Legal Counsel 20% HOME Legal Assistant 1% HOME Real Estate Manager 15% HOME Senior Grant Monitor /Accounting Supervisor 15% HOME Director of Administration 25% HOME PR27 DOME Administration Fund Balances as of September 4, 2014 —For Information Purposes Only Fiscal Year Authorized Amount Amount Authorized from PI Amount Reserved Balance to Reserve Total Disbursed Available to Disburse 2007 472,882.00 35,354.67 472,882.00 $0.00 472,882.00 2008 457,515.10 36,927.17 457,515.10 $0.00 457,515.10 2009 524,641.79 30,085.84 508,187.60 $0.00 508,187.60 2010 507,308.80 42,301.78 507,308.80 $0.00 507,308.80 - 2011 447,663.80 19,444.04 447,663.80 19,444.04 395,370.17 52,293.63 2012 277,281.90 46,135.82 277,281.90 46,135.82 - 277,281.90 2013 262,789 00 2014< :271,100U0 14 717 81 1 262,789 00 14,717 81 262,789.00 271,00;00`;' Total 3,221,182.39 447,869.43 10,605,787.60 80,297.67 10,013,423.07 863,464.53 2015 271,100,00 271,100,00 estimated amt TOTAL 3,492,282.39 1,134,564.53 DRAFT for 2013 updated regs - September 11, 2014 Page 70 Exhibit C — Other Program Requirements 92.350 Other Federal Requirements a. The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to participants in the HOME program. The requirements of this subpart include: nondiscrimination and equal opportunity; * disclosure requirements; debarred, suspended or ineligible contractors; and • drug -free workplace. b. The nondiscrimination requirements at section 282 of the Act are applicable. These requirements are waived in connection with the use of HOME funds on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 S tat. 108). 92.351 Affirmative Marketing; Minority Outreach Program a. Affirmative marketing. Each participating jurisdiction must adopt affirmative marketing procedures and requirements for rental and homebuyer projects containing 5 or more HOME- assisted housing units. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. (The affirmative marketing procedures do not apply to families with Section 8 tenant -based rental housing assistance or families with tenant -based rental assistance provided with HOME funds.) 2. The affirmative marketing requirements and procedures adopted must include: i. Methods for informing the public, owners, and potential tenants about Federal fair housing laws and the participating jurisdiction's affirmative marketing policy (e.g., the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups); ii. Requirements and practices each owner must adhere to in order to carry out the participating jurisdiction's affirmative marketing procedures and requirements (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster); iii. Procedures to be used by owners to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies); iv. Records that will be kept describing actions taken by the participating jurisdiction and by owners to affirmatively market units and records to assess the results of these actions; and v. A description of how the participating jurisdiction will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. I A State that distributes HOME funds to units of general local government must require each unit of general local government to adopt affirmative marketing procedures and requirements that meet the requirement in paragraphs (a) and (b) of this section. b. Minority outreach. A participating jurisdiction must prescribe procedures acceptable to HUD to establish and oversee a minority outreach program within its jurisdiction to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, DRAFT for 2013 updated regs - September 11, 2014 Page 71 real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services in all contracts entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing authorized Under this Act or any other Federal housing law applicable to such jurisdiction. Section 85.36(e) of this title describes actions to be taken by a participating jurisdiction to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 92.352 Environmental Review a. General. The environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. b. Responsibility for review. The jurisdiction (e.g., the participating jurisdiction or State recipient) or insular area must assume responsibility for environmental review, decisionmaking, and action for each activity that it carries out with HOME funds, in accordance with the requirements imposed on a recipient under 24 CFR part 58. No funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request -for release of funds and related certification, except as authorized by 24 CFR part 58. 2. A State participating jurisdiction must also assume responsibility for approval of requests for release of HOME funds submitted by State recipients. 3. HUD will perform the environmental review, in accordance with 24 CFR part 50, for a competitively awarded application for HOME funds submitted to HUD by an entity that is not a jurisdiction. . 92.353 Displacement, Relocation, and Acquisition a. Minimizing displacement. Consistent with the other goals and objectives of this part, the participating jurisdiction must ensure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of a project assisted with HOME funds. To the extent feasible, residential tenants must be provided a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary, and affordable dwelling unit in the building/complex upon completion of the project. b. Temporary relocation. The following policies cover residential tenants who will not be required to move permanently but who must relocate temporarily for the project. Such tenants must be provided: 1. Reimbursement for all reasonable out -of- pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increase in monthly rent/utility costs. 2. Appropriate advisory services, including reasonable advance written notice of: The date and approximate duration of the temporary relocation; ii. The location of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; iii. The terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the buildinglcomplex upon completion of the project; and iv. The provisions of paragraph (b)(1) of this section. c. Relocation assistance for displaced persons. 1. General. A displaced person (defined in paragraph (c)(2) of this section) must be provided relocation assistance at the levels described in, and in accordance with the requirements of the Uniform Relocation DRAFT for 2013 updated regs - September 11, 2014 Page 72 Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201 -4655) and 49 CFR part 24. A "displaced person" must be advised of his or her rights under the Fair Housing Act and, if the comparable replacement dwelling used to establish the amount of the replacement housing payment to be provided to a minority person is located in an area of minority concentration, the minority person also must be given, if possible, referrals to comparable and suitable, decent, safe, and sanitary replacement dwellings not located in such areas. 2. Displaced Person, For purposes of paragraph (c) of this section, the term displaced person means a person (family individual, business, nonprofit organization, or farm, including any corporation, partnership or association) that moves from real property or moves personal property from real property, permanently, as a direct result of acquisition, rehabilitation, or demolition for a project assisted with HOME funds. This includes any permanent, involuntary move for an assisted project, including any permanent move from the real property that is made: A. After notice by the owner to move permanently from the property, if the move occurs on or after: 1. The date of the submission of an application to the participating jurisdiction or HUD, if the applicant has site control and the application is later approved; or 2. The date the jurisdiction approves the applicable site, if the applicant does not have site control at the time of the application; or B. Before the date described in paragraph (c)(2)(i)(A) of this section, if the jurisdiction or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the project; or C. By a tenant- occupant of a dwelling unit, if any one of the following three situations occurs: 1. The tenant moves after execution of the agreement covering the acquisition, rehabilitation, or demolition and the move occurs before the tenant is provided written notice offering the tenant the opportunity to lease and occupy a suitable, decent, safe, and sanitary dwelling in the same building/complex upon completion of the project under reasonable terms and conditions. Such reasonable terms and conditions must include a term of at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of: i. The tenant's monthly rent before such agreement and estimated average monthly utility costs; or ii. The total tenant payment, as determined under 24 CFR 5.613, if the tenant is low - income, or 30 percent of gross household income, if the tenant is not low - income; or 2. The tenant is required to relocate temporarily, does not return to the building/complex, and either: i. The tenant is not offered payment for all reasonable out -of- pocket expenses incurred in connection with the temporary relocation; or ii. Other conditions of the temporary relocation are not reasonable; or 3. The tenant is required to move to another dwelling unit in the same building/complex but is not offered reimbursement for all reasonable out -of- pocket expenses incurred in connection with the move, or other conditions of the move are not reasonable. ii, Notwithstanding paragraph (c)(2)(i) of this section, a person does not qualify as a displaced person if: A. The person has been evicted for cause based upon a serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable federal, State or local law, or other good cause, and the participating jurisdiction determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance. The DRAFT for 2013 updated regs - September 11, 2014 Page 73 effective date of any termination or refusal to renew must be preceded by at least 30 days advance written notice to the tenant specifying the grounds for the action. B. The person moved into the property after the submission of the application but, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, incur a rent increase), and the fact that the person would not qualify as a "displaced person" (or for any assistance under this section) as a result of the project; C. The person is ineligible under 49 CFR 24.2(g)(2); or D. HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. iii. The jurisdiction may, at any time, ask HUD to determine whether a displacement is or would be covered by this rule. 3. Initiation of negotiations. For purposes of determining the formula for computing replacement housing assistance to be provided under paragraph (c) of this section to a tenant displaced from a dwelling as a direct result of private -owner rehabilitation, demolition or acquisition of the real property, the term initiation of negotiations means the execution of the agreement covering the acquisition, rehabilitation, or demolition. d. Optional relocation assistance. The participating jurisdiction may provide relocation payments and other relocation assistance to families, individuals, businesses, nonprofit organizations, and farms displaced by a project assisted with HOME funds where the displacement is not subject to paragraph (c) of this section. The jurisdiction may also provide relocation assistance to persons covered under paragraph (c) of this section beyond that required. For any such assistance that is not required by State or local law, the jurisdiction must adopt a written policy available to the public that describes the optional relocation assistance that it has elected to furnish and provides for equal relocation assistance within each class of displaced persons. e. Residential antidisplacement and relocation assistance plan. The participating jurisdiction shall comply with the requirements of 24 CFR part 42, subpart C. . f. Real property acquisition requirements. The acquisition of real property for a project is subject to the URA and the requirements of 49 CFR part 24, subpart B. . g. Appeals. A person who disagrees with the participating jurisdiction's determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person may be eligible, may file a written appeal of that determination with the jurisdiction. A low - income person who is dissatisfied with the jurisdiction's determination on his or her appeal may submit a written request for review of that determination to the HUD Field Office. 92.354 Labor a. General.. Every contract for the construction (rehabilitation or new construction) of housing that includes 12 or more units assisted with HOME funds must contain a provision requiring the payment of not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 276x- 276a -5), to all laborers and mechanics employed in the development of any part of the housing. Such contracts must also be subject to the overtime provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -332). The contract for construction must contain these wage provisions if HOME funds are used for any project costs in § 92.206, including construction or nonconstruction costs, of housing with 12 or more HOME - assisted units. When HOME funds are only used to assist homebuyers to acquire single- family housing, and not for any other project costs, the wage provisions apply to the construction of the housing if there is a written agreement with the owner or developer of the housing that HOME funds will be used to assist homebuyers to buy the housing and the construction contract covers 12 or more housing units to be DRAFT for 2013 updated regs - September 11, 2014 Page 74 purchased with HOME assistance. The wage provisions apply to any construction contract that includes a total of 12 or more HOME- assisted units, whether one or more than one project is covered by the construction contract. Once they are determined to be applicable, the wage provisions must be contained in the construction contract so as to cover all laborers and mechanics employed in the development of the entire project, including portions other than the assisted units. Arranging multiple construction contracts within a single project for the purpose of avoiding the wage provisions is not permitted. 3. Participating jurisdictions, contractors, subcontractors, and other participants must comply with regulations issued under these acts and with other Federal laws and regulations pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. Participating jurisdictions must require certification as to compliance with the provisions of this section before making any payment under such contract. b. Volunteers. The prevailing wage provisions of paragraph (a) of this section do not apply to an individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work. See 24 CFR part 70. c. Sweat equity. The prevailing wage provisions of paragraph (a) of this section do not apply to members of an eligible family who provide labor in exchange for acquisition of a property for homeownership or provide labor in lieu of, or as a supplement to, rent payments. 92.355 Lead -based paint Housing assisted with HOME funds is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, M and R of this title. [64 FR 50224, Sept. 15, 1999] 92.356 Conflict of Interest a. Applicability. In the procurement of property and services by participating jurisdictions, State recipients, and subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. b. Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decisionmaking process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME- assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. c. Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. d. Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: 1. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 2. An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exception is sought would not violate State or local law. DRAFT for 2013 updated regs - September 11, 2014 Page 75 e. Factors to be considered for exceptions. In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: 1. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; 2. Whether the person affected is a member of a group or c €ass of love- income persons intended to be the beneficiaries of the assisted activity, and the exception will permitsuch person to receive generally the same interests or benefits as are being made available or provided to the group or class; 3. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; 4. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; 5. Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and 6. Any other relevant considerations. f. Owners and Developers. No owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or non - profit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy a HOME- assisted affordable housing unit in a project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. 2. Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f)(1).of this section on a case -by -case basis when it determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the owner's or developer's HOME - assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: L Whether the person receiving the benefit is a member of a group or class of low- income persons . intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; ii. Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; iii. Whether the tenant protection requirements of § 92.253 are being observed; iv. Whether the affirmative marketing requirements of § 92.351 are being observed and followed; and v. Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. DRAFT for 2013 updated regs - September 11, 2014 Page 76 92.357 Executive Order 12372 - NOT APPLICABLE TO PARTICIPATING JURISDICTIONS a. General. Executive Order 12372, as amended by Executive Order 12416 (3 CFR, 1982 Comp., p. 197 and 3 CFR, 1983 Comp., p. 186) (Intergovernmental Review of Federal Programs) and HUD's implementing regulations at 24 CFR part 52, allow each State to establish its own process for review and comment on proposed Federal financial assistance programs. Applicability. Executive Order 12372 applies to applications submitted with respect to HOME funds being competitively reallocated under subpart J of this part to units of general local government. 92.358 Consultant Activities No person providing consultant services in an employer - employee type relationship shall receive more than a reasonable rate of compensation for personal services paid with HOME funds. In no event, however, shall such compensation exceed the limits in effect under the provisions of any applicable statute (e.g., annual HUD appropriations acts which have set the limit at the equivalent of the daily rate paid for !revel IV of the Executive Schedule, see the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, Pub. L. 104 -204 (September 26, 1996)). Such services shall be evidenced by written agreements between the parties which detail the responsibilities, standards, and compensation. Consultant services provided under an independent contractor relationship are not subject to the compensation limitation of Level IV of the Executive Schedule. DRAFT for 2013 updated regs - September 11, 2014 Page 77 Exhibit D - Affirmative Marketing Policies and Procedures The Subrecipient will ensure that each HOME Agreement prepared and executed for HOME- assistance rental and homebuyer housing containing five or more HOME - assisted units includes the following Exhibit and that the requirements therein are followed. EQUAL HOUSING OPPORTUNITY Affirmative Marketing Policies and Procedures Statement of Policy - In accordance with regulations of the HOME Investment Partnership Program, HOME 24 CFR 92.351 (a), and in furtherance of the City of Buffalo's commitment to non - discrimination and equal opportunity in housing, the Redevelopers have established procedures to affirmatively market the rental units to special populations in need of supportive housing. These procedures are intended to further the objectives of Title VIII of the Civil Rights Act of 1968, Executive Order 1563 and New York State's Human Rights Law. The Redevelopers believe that individuals of similar economic levels in the same housing market area should have available to them a like range of housing choices regardless of their race, creed, color, national origin, sex, disability, religion, age, familial status or marital status. The Redevelopers are committed to the goals of affirmatively marketing, which will be implemented in the HOME Program through specific steps that it will follow. These goals will be reached through the following procedures: Informing the public, potential tenants, and owners about Federal fairhousing laws and affirmative marketing policies - The Redevelopers will inform the public and owners about Federal fair housing laws and their affirmative marketing policies. Methods to inform the public and owners will include the use of the Equal Housing Opportunity logo type or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups. Requirements for federally assisted project of 5 or more units will include: Units must be advertised in the Buffalo News and community newspapers. The fair housing logo or slogan must be included on all advertisements. • The unit owners must also be marketed with agency and community groups that serve low- income households. • The fair housing logo or slogan must be displayed on posters and brochures advertising the units. Special Outreach — To inform and solicit applications from persons in the housing market who are not likely to apply for housing units without special outreach, the following procedures will be required of HOME projects containing 5 or more units: • The Redevelopers will identify which group in the housing market needs special outreach. • The Redevelopers will notify community organizations, churches, fair housing groups, employment centers, education centers, housing counseling agencies and rental agencies that serve low- income households of the housing opportunities. DRAFT for 2013 updated regs - September 11, 2014 Page 78 Record Keeping — The Owner will keep the following records: • Individuals /families that apply for housing • Individuals/families assisted with HOME assisted housing • The Redevelopers will keep records and report data to BURR on the following: racial, ethnic and gender characteristics of applicants that apply and/or receive assistance for HOME assisted units, and household income. • Activities to inform the general public of HOME assisted units; copies of advertisements placed in local newspapers. • How applicants heard about the HOME assisted units. a Copies of all advertisements, brochures, posters and a list of community contacts. Assessment and corrective actions: BURR will assess the affirmative marketing performance on projects that receive HOME funds for HOME assisted units. BURA will examine agency records to determine if a good faith effort has been made to market the units. If after reviewing the records, BURA determines that persons in the housing market area who were not likely to apply for the housing without special outreach did apply and were assisted, then BURA will assume the marketing procedures were effective. If BURA determines that this did not happen, the Redevelopers and BURA will review the affirmative marketing plan and make adjustments where necessary. Corrective action. The Beneficial Owner will take the following action if BURA determines that they have failed to carry out the affirmative marketing plan or fails to maintain the records on applicants. • The Beneficial Owner will discuss the problem and the ways the agency can improve its affirmative marketing performance and will implement measures to correct the marketing problems. Assessment. BURA will assess the affirmative marketing activities for HOME assisted units of ten or more and prepare a written report as part of its monitoring procedures for the HOME Program. Outreach standards. The Redevelopers Minority/Women Owned Businesses Outreach Policy for HOME funded projects will include minority and women -owned businesses in all contracting activities entered into for HOME assisted activities as stated under the terms of this agreement. The Redevelopers' outreach efforts to minority and women -owned businesses will be based on the following criteria: • Outreach efforts will include a good faith, comprehensive and continuing endeavor to recruit and include MBEIWBE in HOME funded activities. The Outreach effort will be designed to utilize all available and appropriate public and private sector local resources. DRAFT for 2013 updated regs - September 11, 2014 ?age 79 Exhibit E -- Records to be Maintained 92.508 Recordkeeping a. General. The Grantee shall establish and maintain sufficient records to enable HUD to determine whether the participating jurisdiction has met the requirements of this part. At a minimum, the following records are needed: I. Records concerning designation as a participating jurisdiction. [To be maintained by the GRANTEE] i. For a consortium, the consortium agreement among the participating member units of general local government as required by § 92.101. For a unit of general local government receiving a formula allocation of less than $750,000 (or less than $500,000 in fiscal years in which Congress appropriates less than $1.5 billion for this part), records demonstrating that funds have been made available (either by the State or the unit of general local government, or both) equal to or greater than the difference between its formula allocation and $750,000 (or $500,000 in fiscal years in which Congress appropriates less than $1.5 billion) as required by § 92.102(b). 2. Program records. [To be maintained by the SUBRECIPfENT] Records of the efforts to maximize participation by the private sector as required by § 92.200 ii. The forms of HOME assistance used in the program, including any forms of investment described in the Consolidated Plan under 24 CFR part 91 which are not identified in § 92.205(b) including HUD's written approval for any form of assistance not specifically listed in the HOME regulations.. iii. The written underwriting and subsidy layering guidelines adopted by the Grantee in accordance with § 92.250 which support the participating jurisdiction's Consolidated Plan certification . iv. If existing debt is refinanced for multi- family rehabilitation projects, the refinancing guidelines established in accordance with § 92.206(b), described in the Consolidated Plan. v. If HOME funds are used for tenant -based rental assistance, records supporting the participating jurisdiction's Consolidated Plan certification in accordance with 92.209(b), including documentation of the local market conditions that led to the choice of this option; written selection policies and criteria; supporting documentation for preferences for specific categories of individuals with disabilities; and records supporting the rent standard and minimum tenant contribution established in accordance with § 92.209(h). vi. If HOME funds are used for tenant -based rental assistance or rental housing, records evidencing that not less than 90 percent of the families receiving such rental assistance meet the income requirements of § 92.216. vii. If HOME funds are used for homeownership housing, the procedures used for establishing 95 percent of the median purchase price for the area in accordance with § 92.254(a)(2), in the Consolidated Plan. viii. If HOME funds are used for acquisition of housing for homeownership, the resale or recapture guidelines established in accordance with § 92.254(a)(5), in the Consolidated Plan. ix. Records demonstrating compliance with the matching requirements of § 92.218 through § 92.222 including a running log and project records documenting the type and amount of match contributions by project. x. Records documenting compliance with the 24 month commitment deadline of § 92.500(d). A. Records demonstrating compliance with the fifteen percent CHDO set -aside requirement of § 92.300(a). xii. Records documenting compliance with the ten percent limitation on administrative and planning costs in accordance with § 92.207. DRAFT for 2013 updated regs - September 11, 2014 Page 80 3. Project records. [To be maintained by the SUBRECIPIENT] i. A full description of each project assisted with HOME funds, including the location (address or legal property description), form of HOME assistance, and the units or tenants assisted with HOME funds. ii. The source and application of funds for each project, including supporting documentation in accordance with 24 CFR 85.20; and records to document the eligibility and permissibility of the project costs, including the documentation of the actual HOME - eligible deve €opment costs of each HOME - assisted unit (through allocation of costs, if permissible under § 92.205(d)) where HOME funds are used to assist less than all of the units in a multi -unit project. iii. Records demonstrating that each rental housing or homeownership project meets the minimum per -unit subsidy amount of § 92.205(c), the maximum per -unit subsidy amount of § 92.250(a), and the subsidy layering and underwriting evaluation adopted in accordance with § 92.250(b).). iv. Records (e.g., inspection reports) demonstrating that each project meets the property standards of § 92.251 at project completion. In addition, during the period of affordability, records for rental projects demonstrating compliance with the property standards and financial reviews and actions pursuant to § 92.504(d).Show citation box. v. Records demonstrating that each family is income eligible in accordance with § 92.203. vi. Records demonstrating that each tenant -based rental assistance project meets the written tenant selection policies and criteria of § 92.209(c), including any targeting requirements, the rent reasonableness requirements of § 92.209(f), the maximum subsidy provisions of § 92.209(h), property inspection reports, and calculation of the HOME subsidy. vii. Records demonstrating that each rental housing project meets the affordability and income targeting requirements of § 92.252 for the required period. Records must be kept for each family assisted. viii. Records demonstrating that each multifamily rental housing project involving rehabilitation with refinancing complies with the refinancing guidelines established in accordance with § 92.206(b). ix. Records demonstrating that each lease for a tenant receiving tenant -based rental assistance and for an assisted rental housing unit complies with the tenant and participant protections of § 92.253. Records must be kept for each family. x. Records demonstrating that the purchase price or estimated value after rehabilitation for each homeownership housing project does not exceed 95 percent of the median purchase price for the area in accordance with § 92.254(a)(2). The records must demonstrate how the estimated value was determined. xi. Records demonstrating that each homeownership project meets the affordability requirements of § 92.254 for the required period. xii. Records demonstrating that any pre -award costs charged to the HOME allocation meet the requirements of § 92.212. xiii. Records demonstrating that a site and neighborhood standards review was conducted for each project which includes new construction of rental housing assisted under this part to determine that the site meets the requirements of 24 CFR 983.6(b), in accordance with § 92.202. Av. Records (written agreements) demonstrating compliance with the written agreements requirements in § 92.504 4. Community Housing Development Organizations (CHDOs) Records. [To be maintained by the SUBRECIPIENT] i. Written agreements committing HOME funds to CHDO projects in accordance with § 92.300(a). ii. ' Records setting forth the efforts made to identify and encourage CHDOs, as required by § DRAFT for 2013 updated regs - September 11, 2014 Page 81 92.300(b). iii. The name and qualifications of each CHDO and amount of HOME CHDO set -aside funds committed. iv. Records demonstrating that each CHDO complies with the written agreements required by § 92.504. v. Records concerning the use of CHDO set -aside funds, including funds used to develop CHDO capacity pursuant to § 92.300(b). vi. Records concerning the use of funds for CHDO operating expenses and demonstrating compliance with the requirements of § 92.208, § 92.300(e) and § 92.300(f). vii. Records concerning the tenant participation plan required by § 92303. vill. Records concerning project - specific assistance to CHDOs pursuant to § 92.301, including the impediments to repayment, if repayment is waived. S. Financial records. [To be maintained by the GRANTEE] i. Records identifying the source and application of funds for each fiscal year, including the formula allocation, any reallocation (identified by federal fiscal year appropriation), and any State or local funds provided under § 92.102(b). ii. Records concerning the HOME Investment Trust Fund Treasury account and local account required to be established and maintained by § 92.500, including deposits, disbursements, balances, supporting documentation and any other information required by the program disbursement and information system established by HUD. iii. Records identifying the source and application of prograrn income, repayments and recaptured funds. iv. Records demonstrating adequate budget control, in accordance with 24 CFR 85.20, including evidence of periodic account reconciliations. 6. Program administration records. [To be maintained by the SUBRECIPIENT] i. Written policies, procedures, and systems, including a system for assessing risk of activities and projects and a system for monitoring entities consistent with this section, to ensure that the requirements of this part are met. ii. Records demonstrating compliance with the written agreements required by § 92.504. iii. Records demonstrating compliance with the applicable uniform administrative requirements required by § 92.505: iv. Records documenting required inspections, monitoring reviews and audits, and the resolution of any findings or concerns. 7. Records concerning other Federal requirements. [To be maintained by the SUBRECIPIENT] i. Equal opportunity and fair housing records. A. Data on the extent to which each racial and ethnic group and single - headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOME funds. B. Documentation of actions undertaken to meet the requirements of 24 CFR Part 135 which implements section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701u). C. Documentation of the actions the participating jurisdiction has taken to affirmatively further fair housing. DRAFT for 2013 updated regs - September 11, 2014 Page 82 ii. Affirmative marketing and MBEIWBE records, [To be maintained by the SUBRECIPIENT] A. Records demonstrating compliance with the affirmative marketing procedures and requirements of § 92351. B. Documentation and data on the steps taken to implement the jurisdiction's outreach programs to minority -owned (MBE) and female -owned (WBE) businesses including data indicating the racial /ethnic or gender character of each business entity receiving a contract or subcontract of $25,000 or more paid, or to be paid, with HOME funds; the amount of the contract or subcontract, and documentation of participating jurisdiction's affirmative steps to assure that minority business and women's business enterprises have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. iii. Records demonstrating compliance with the environmental review requirements of § 92.352 and 24 CFR part 58, including flood insurance requirements. iv. Records demonstrating compliance with the requirements of § 92.353 regarding displacement, relocation, and real property acquisition, including project occupancy lists identifying the name and address of all persons occupying the real property on the date described in § 92.353(c)(2)(i)(A), moving into the property on or after the date described in § 92.353(c)(2)(i)(A), and occupying the property upon completion of the project. v. Records demonstrating compliance with the labor requirements of § 92.354, including contract provisions and payroll records. vi. Records demonstrating compliance with the lead -based paint requirements of part 35, subparts A, B, J, K, M and R of this title. vii. Records supporting exceptions to the conflict of interest prohibition pursuant to § 92.356. viii. Debarment and suspension certifications required by 24 CFR parts 24 and 91. ix. Records concerning intergovernmental review, as required by § 92.357. b. States with State Recipients. - NA c. Period of record retention. All records pertaining to each fiscal year of HOME funds must be retained for the most recent five year period, except as provided below. 1. For rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. 2. For homeownership housing projects, records may be retained for five years after the project completion date, except for documents imposing recapture /resale restrictions which must be retained for five years after the affordability period terminates. 3. For tenant -based rental assistance projects, records must be retained for five years after the period of rental assistance terminates. 4. Written agreements must be retained for five years after the agreement terminates. 5. Records covering displacements and acquisition must be retained for five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with § 92.353. 6. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. d. Access to records. 1. The participating jurisdiction must provide citizens, public agencies, and other interested parties with reasonable access to records, consistent with applicable state and local laws regarding privacy and obligations of confidentiality. DRAFT for 2013 updated regs - September 11, 2014 Page 83 2. HUD and the Comptroller General of the United States, any of their representatives, have the right of access to any pertinent books, documents, papers or other records of the participating jurisdiction, state recipients, and subrecipients, in order to make audits, examinations, excerpts, and transcripts. DRAFT for 2013 updated regs -September 11, 2014 Page 84 Exhibit F REQUESTS FOR DISBURSEMENT OF FUNDS PROCEDURE The City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including for - profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92, and for eligible administrative and operating expenses. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will ensure compliance with the requirements of 24 CFR 92504. It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement for administration, operating costs program delivery and HOME projects and activities shall not exceed 173,Q42 „96 (not including Pri gram lncome)'as noted below. The Subrecipient will be responsible for the disbursement of funds for specific HOME activities, and will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of . HOME funds is submitted to the Grantee,: BURA may not request that funds be disbursed by the Grantee under this agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Program income must be disbursed before new HOME funds are drawn. Administrative and Program Delivery Funds - It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement for adm�niStratiort; operating casts and ;prograim,deliuery shaft "not exceed 1,21:3;5842 (riot including Program Income):; Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified herein and in accordance with performance. The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a monthly basis. The Subrecipient shall submit duly executed vouchers upon fords which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shall be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. Payroll Notwithstanding the above paragraphs covering payment of general expenses, payment of Subrecipient salaries and wages shall be made on a bi- weekly basis in accordance with Section 18.2 of the Collective Bargaining Agreement between the Subrecipient and Local 815. In the event that the regularly scheduled day of payment is a holiday, payment shall be made upon the day preceding. Program and Project Funds — The Subrecipient will be responsible for the disbursement of funds for specific HOME activities, and will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee. HOME funds for eligible expenses for program and project activities will be provided to owners, developers, sponsors, CHDOs, and for - profit and not-for-profit entities by the Subrecipient ... Project expenses shall be paid to BURA by the Grantee based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted to the Grantee through the Office of Strategic Planning on forms specified by the Grantee with adequate and proper documentation of eligible costs incurred in compliance with 92.206 and necessary for HUD IDIS disbursement requirements. All such expenses shall be in conformance to an approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. DRAFT for 2013 updated regs - September 11, 2014 Page 85 Disbursement of Funds a) HOME funds are issued only as advances for, or reimbursement of, eligible administrative, operating, and project expenses incurred according to an approved project budget. HOME funds disbursed for verified allowable construction or construction - related expenses for any unit shall not exceed the maximum HOME subsidies per unit allowed under 24 CFR 92, or the actual total rehab or development cost of the HOME - assisted units, whichever is lesser. Draw requests . must documented by submission of an AIA form or Progress Payment request. Draws for projects other than owner - occupied housing rehab may be subject to standard retention provisions as detailed in the specific HOME Agreement for such Projects. If any funds are due based on this Agreement, the Grantee agrees to issue such funds within a reasonable time after inspection and approval by BURA. A final invoice shall be submitted upon completion. f=inal payment shall be made after BURA has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, b) The City of Buffalo and/or BURA shall have the right to review and audit all records pertaining to any payment by the Grantee. Said records shall be maintained for a period of five years after completion and final payment Audit and Control will perform a review of all requisitions for allowability asdetailed in OMB Circular A -122. Only allowable and reasonable costs will be reimbursed. (As such, all requisition cover sheets should be accompanied by appropriate evidentiary support for allowability, i.e.: invoices, agreements, payroll registers etc.). DRAFT for 2013 updated regs -September 11, 2014 page 86 1948 1959 PR27 - Status of HOME Grants - September 4, 2014 DRAFTfor 2013 updated regs - September 11, 2014 Page 87 �uui ATTACHMENT A - PR27 - SEPTEMBER 4, 2014 ?nzr 3,vuu.uU �S b11,30U.60i _ 15.(I %l Status of HOME Grants TIME: 10;2Q _ ..... i :.......... 1 . ....._ .......: __. B UFFALO .. ........ .._... 2002 .. _ - ., PACz - - -- $1,353 486.00 Co(r1mibments from Authorized Funds $0 00: $3,596,060 25 $5 880,9 6 24 100.096 (E) iCPJCC Funds - Amount (F) %CHDO (G) SU Funds - Reservations (H) EN Funds-P) (1) Total Authorized (K) % at Ruth! (B) Total Authorization (C)AdminfOPReservation Reserved toCEHDOS Rsvd toOthejFntities _ $0.0 (4 committed to Activities Commitments Cmtd 1�5,084,000,00 — • - - - --_ ___ $508, 400 001 $3,006,046.25; 5 5.1%, $0 .00 1 1, $807,704.63 [ .._._ -- - $3,360 0 00 00{ 35,D � _ 5 ._ .� $04,00 0.00; 15,0% $0.00 S $2,520,133G.00 , '- }3.360,QDQ {N3I 100-0% - - __. -- - _ ._._. I .._ _..�... . 23. $ D _ .. $3 357,5[3D 00� `, - 449 55� _ 100.0% X4 ,8 1 QDQ $451,400.0(1 i f7?2,1QD.OD .. 15.0% $4 : 824 05a ODI w.._.._ $0 00 - ....... $ 3,610,500 D S` i,814 i}L - 17?D.0 °!n $4,89 6,000.60 $489,fiQ0 -- -- $734,400.0 1 5.096 -- - -; $6.00 — $3,672,D60. 100.01 9 $4,77,QD0.04 — _ $474,70 0.00?,3 45, OOD.� $719,SS0.aD; 15.0% $D.OQ $ r - 59.1 %j $5,175,000.001 $517,560.001 $776,250.00'. 15.0 7,51 .-_. .. $508,187.64 50.00 53.881.256.014! t ��s nnn.nn� anrs nx. PR27 - Status of HOME Grants - September 4, 2014 DRAFTfor 2013 updated regs - September 11, 2014 Page 87 �uui ?nzr 3,vuu.uU �S b11,30U.60i $931,95000' 15.(I %l b6 $4,b59,750.(%31 $6,213,000.00' 100,1)% 2002 .. _ - _._ $5 880 9 46 29, — $886,40Q.0D - -- $1,353 486.00 23.7% $0 00: $3,596,060 25 $5 880,9 6 24 100.096 12 1003 $3,0 $SZ7,172.50 $796758.90, 25.51 _ $0.0 (4 $1,744,77650 $3,062,70800 1 { 2004 _ $5,663 559 53; $807,704.63 [ .._._ $4,443,950+30' -- 78.4% ! - $D.0 $411,904.90 $5,653,559 2005 $5,174 754 D0 $732 557,W - - $1,2 39S 39 23. - — -- $0.00! -- x`3,217 -- $5 10Q.0 °1 2005 $4 : 824 05a ODI 3D 433 10 - - 3 59.5% _ ,$,D OQ - $1 30(3,203 22 824,0, 001 - -; 27 $4 "78454500 $668,5&0.00 $1 309.00T- 35.4�i5� — r - 59.1 %j 200$ 2009 594 687 00 $5,081876 OD _ 7,51 .-_. .. $508,187.64 - -- -�68. 5,272.55 51, 562,217.40 14.996 32,7% .,455,899.1.599,[}87,1 - 0D ' 100.0% _. ,I 2,911,47100 -- 100.0Ya 12016 $.5,073,088, _ $5 .... , .,,.,......_ $2,692 851,461 , 53.03 $D.00 $1, 337 0,29dI 12j 3S, 99.9 °14 2011 $4 476,638.60 - _ $523,653. $2,592,041.48 Sa.S % 0t3 $ 70 987.2$; $ 3,494,6 92 551 78.0%: IzDaz $z,ra2sls.00' $377,2$1.90 $0.001 O.0'l6 $0.00' .._. _.._ $0.00' -- -070,50 $377,2S1.9Q - 13,5 %; 12013 $2 527 840 00 - . $262,799,00 $ 00' D D% $0 00 $262 10 0 u f4Ttei � , iTia 47,.;.: (P94 Y3 �- i I?4$ i 28 �� �$` H7 7113 1 _ $98 232,&Eki 31 94 4$b, _....._ 14 ..._. I $ 2, pii, trOl. Op ;Gr ant Agreemen Not Yet Fina — 121915 $2,711,OQi3O01 Projected Award for 2>77L.4 m ;,... $ 104,44D'S7041 TGTALPROJECTEOAUTHORIZATI ONSTHROUGH201-- 2D15 PROGRAM ....... PR27 - Status of HOME Grants - September 4, 2014 DRAFTfor 2013 updated regs - September 11, 2014 Page 87 Program Mourne Receipts AmnuntCommitbadtoActivities %Committed - 0 .00 j $0.M 0.0% 1953 1ss4 1995 1 _ A 927 1'999 200[1 2061 _2002 ... .........- l.fltl�- 2 406 - - � x.00 _.... _....__�. - - $102,532.93 0.095 - - - -- -._ $353,546.7 ^ - -- 0.0_ 2008 W 00 $ $369;271.781 0.0% —__ -- ..... 2009 20 $0.0 00% $ 300,&59.44 1 2 . 0 �_.� - -- 386b2.7O�__ -- _ - -- $3s,6_0 - 1000 % $423,017 89! 223,220.2 $223,2 28 19 440 100.036 147,194.86 $147,194.85 461358.26 1 00.0% 194,939..29 $39,60270 147,17$.12 $147,179.12: - -- -.� $223,220.28! 194,939:29 100.0% 22 0,927 7 - ... ..__ 300.046; 10a 0% - -- 339,825 34 - ._.. -. $194,939 29 _ _ $220,977.73,1 $339,825.34 $22 100.0%: .. 2 406 - - � 10 93 _.... _....__�. - - $102,532.93 100.0% 2067 353,546 77 -._ $353,546.7 ^ - -- 2008 369 - ---- 8 $ $369;271.781 m 100.0% _._... ___ 2009 20 3L1,858.4t $ 300,&59.44 1 100.0'35 .. .... ....... . - - -- $Q. 423,013.89 ! --- $423,017 89! 100.0% 2011 19 440 $L93,440 43 100.0% F;:013 461358.26 - $461, 3ss.2a 100 096 $39,60270 147,17$.12 $147,179.12: 100.0% -.� $223,220.28! ota 4,478,545.17 - - - ---- --_ . -._._ �...._ $4,478,695,171 100.0% PR27 - Status of 140M Grants - September 4, 2014 DRAFT for 2013 updated regs - September 11, 2014 Page 88 agtam Income {Pf) ^ - -- Net Disbursed Disbursed Pending ng pprovai _. Total Disbursed %Disbursed ......i_- .. .... ....... . - - -- $Q. $n.� c.lr% _ _ $0 .... . . . $Q 00 f $39,60270 $35,542 7a',.� -.� $223,220.28! s m'.04 j _ $223 10Q.095 $14 7,x'34.861 - $14194. 7,86 300.046; 939 _ - - -_ $Q.U[9I - ._.. -. $194,939 29 1{1D 096° $22 $d QQ $220 927 7� i _ i 106 G% $339,825 341 ..... ... . - ._ - so -w! $339,825.34 3w.056 $x89,651 341 -W„ , 6000! , .... ...... __ ! -- 289,&5134 _ __.__.. 106.6% i ,482.95 $20 6,646.09 ' : ._ - -. -- - - - - -- $ 0 00 SO.ao 0 $40 437 95! _ Sza0,s4�.093 1Q0.095 1an.o %�. . m. _ . $102,532 931 $Q 00 1 _� __ $}02,532 931 10Q,0 6 $353,546 77- $L 06i ., $353,W.77 100 o9a, 369'27178 $369,271.791 $300 , 858 Al ..... $Q.00 $300,858 X14_ 5170.096' $423, 037.95 ' . . . . ...... . ..... 89 $Q i X23 ,017. 993 $194,440.43 $0.00 $194,440 43� - - 500.056; $4 61,358.26! _ .... ..- ,�.U01 $ 161,358 25; .__ 1QC1.0R6 $147,178,121 so . or) _ $147,17.8.1211 $4,478,&4513; $0.00 '$4,47$,695.17; 100,0 - Page 88 Disbursements . . .. . . ............. . . (F) Disbursed Pending ..... .. . . ... ... ...... . ... ....... 2015 Projected Awardfor2015 109 444,570.47. TOTAL PROIFCFEE) AUT14ORIZA P .............. .................... ............... .... .. .. ..... ... .......... RO GRAM PR27 - Status of HOME Grants —September 4, 2014 DRAFT for 2013 updated regs - September 11, 2014 Total Funds, to Be Disbursed through 2uls-2016 Progra m Year: $1,9,764,772.03� .. ... ... . .... .... . . ... .. ...... ............... Page 89 1993 $3,360,0W,00 $5,142,743.80 ($53 3 �.19) �.5,0" coo 00 5,084,000 - -- . . .... �3,399,755.00 $0.00 $ 0.00 ; ............. 19 `74 ........................... .............. $4,489,999 .65 $4,575,760.99 . . ........ . .. $4,4R9,999.65 1 4A89,999,65 .. . .......................... . ............... . .................... i I-GO'Cr' $0.0& 5 19'3 $ 14,000.00 $4,853,855.35 $4 814,000.00 $ 4,814,000.001 .... 100 .031 100.01'. I .00 C6 . $0 00 lmq3% � L.- so 1997 . . . .. ...... $4,757,00100 ........... . . . ... ......... .. . .. . . . . ........... . ... . . ... . $4,797,000.001 - ----- ---- ----- $o.00 $4,797,00.00 Z " $0.00 4,797,0M.00 %T $0.001 M8 iss!) $S 0000 $0.001 $5,17.5,(M.0(! $0.00 5,175,000.00' . . . . . . ........................................ ... ..................... 100.0% i $0.00; SKGW.O() $5,586,000.00 $0.00 S, S80 y 0450. 450 100.41 °I 20DO $5,532,0W.001 $5,592,0W_00 $0.00 $0 001 5,592,0G0,ao .... ............ ... ... ... ... .. . 100.0% $0.00i .. ..... .............. .. . . . .................... $0.0gi 2001 . . . . . . ................................... ... . . 1 2002 2003 �,946_2�91 $3 ,062,705 0 15, $3, $0 00 $5,BB0,946.291 $393,605,55)l $3,052,709.001 _$0.00 1 ..... . .. ...... ......... 5,8W,946. 9 0.0* $0.00l 1 i I I - -- . . ....... ... ..... . ....... ...... . $0.00 3,062,70R.P0 100.0%1 $9.,.Oo 20M 40C,.,37 ($485,847.44)� $0.0o i, loo.w. I 2005 tt 2006 $5,174,754.00 $4,824,057.00 $%577fi9fi.70 $ 5,174,754.00� 2007 $4 789,546.00 $4,824,057.00 $4,W,55531 $om $0.00i 0. 1 4,824,1357.00 $0,00; ......................... . .... . .......... 2008 ....................... . . . . . . . . .. . .. .................. . $4,559,697,00 .. . .......... . . ... .. ......................... ... . .... . ....... . $4,W,565.31 $0.001 4,649,555.31 ..... . ..... . . . . ........... 97.0% $140,98f).Ea� .............. . ....... . ..... ... ............................................... .... 2 fX 3 9 . . $5,081,876 00 . . ............... . .. . . . . . ..... ....... $4,599,W.00 ............. ..... . ........................ .... $4,762,810. 961 . . . . ........ . ........ .. �O.GD $4,5133,697.00 ($22G445 .. ... . . ... . ......... . . . ,.14)1 $0.w 4,59%587.001 4,036,3S5.82! 79.4% $1,045,510.18 2010 $5,073,08&00 $1,397 476 701 2011 $4,476,09.00 $399,728 23 I %W �1,397,476.70 ..................... . . . . ..... . .................... ............. ............. . $399,7 28.21 $0.00 1,397,4745.70. . . . .... ..... ................ .. ....... .. . . ........ . 396,679.141 . . . ........................................ .... -. . . ...... .......... . . . . .... ........ . . . . . ... . .......... 28.895' 7-50/. 20V $2,_R2,915.00 $4,079,958.86� 2013 $2,627,WO. $0.00, : - 0.0°a 2772 818 OCD $0.w $0.00 $0.00 1 $Cwo' 0.09`% $2,527,990.04 CD� 7'11 MI $91,792,M .27 (52,124,998.76)1 $89,667 .51! $7,4S0.93! 9 9,US,798.441 96.2% $14,2, ,34 -270.03: ..... .. . . ... ... ...... . ... ....... 2015 Projected Awardfor2015 109 444,570.47. TOTAL PROIFCFEE) AUT14ORIZA P .............. .................... ............... .... .. .. ..... ... .......... RO GRAM PR27 - Status of HOME Grants —September 4, 2014 DRAFT for 2013 updated regs - September 11, 2014 Total Funds, to Be Disbursed through 2uls-2016 Progra m Year: $1,9,764,772.03� .. ... ... . .... .... . . ... .. ...... ............... Page 89 Ad ministra tive Funds .AD Fiscal Year Authorized Amount Amount Authorized from RL Amount Reserved %Auth Rsvd Balance to Reserve Total Disbursed % Rsvd Qisb Available to Disburse i 19 Sas 92 $ 40o.00 - _ $cr.a0i - �s0s,400.0a � 3.00.f) _ $O.OS �s6s,460.00, 100.6 1993 $336,000.00 --- - — $336,UOa 0- 180 .OR 6 $' — — $338 000 00 f 100.0%, __,- -_ i - -- . -. -- - 194 Is,aaa.ol} $0 -tial 449,o oa - - - -- -- ........._. - _ $ 40 100.04 $0.061 $+943,000 10a.o�o 1995 _ $481 400.00 - ° - - - -- - 0 01. ....-- s 1,400 . 0 a 100.0 61 _ .. .... _ _ 100 096 $a �' 1396 0 $489,500 0a 100.% o.ao __-- - - - - -- �...�. -_ _- $ s0a ao� 100 046 - $3 850 2 - $O a6i 3.9 $4 79,700 $479 ,700. 00 , *39.2% .$0 .00 $ 419,70000 160a96� - 1998 $517,500.00 $22,322 02- $517,500.00 � - -- �- $13.00 -- .- ----_ $517,500 001 100.6% ` __ - -� ... — . SS,0oa.0o $14719 $558,000.63 � 43o i Y $1D.00 $55s,0a00a° _ zao.a a; , .... _..__ y ..._- _ ZIP $5 58,2E)0 QO $19 493 3 2; r 100.0% $55 8,20D.00 96 .640 — - -r $0 40� __ X 59,200 OD 2001 _ $521,300 OD 092 77' $621,300.00 96.596;3 OOi --- --_ - -__.i W02 I —_ — . -- -- - — $621, oa.0o 1aa.o% $o.0a; -- $61 9,z 6a.0 0 $33 98253 $613 ZOp 3�p�a 0 __ �._ _ - _- __ _,____ . - _ - 2-53 f _ $0 00 — $819,2 o a; 4 - , na 096, $6 0 _ 2003 $28,M5.1.31 - _ - - -- - 527,17z6a -- $527,172 60 '94.716, $527,172. _ - - - _ 100 0% $0.00, -- -_ $ 545 ' 048 .10 $46,548.2-91 ... _ 545,048.10 ._., 92.1%.r __..,.,.,_ iFal _. 45,048.10, ` 14)0.0%! 2005 `_.._.. 2004 I $$05,305.60 1 $ 2(3,664.60] — -- _ $505,305.60 96.0°6' — _ ,� 0 q0 $505,305 60 1100.03G' 2006 ,5476, 333 10 r - - -- —_ $1025329; $476,33310 37,8%] ° $476,333 10I 100.0fn 2007 _ $35,35 . ..... ... _ $0.00[ $472,88100] 1 00.0 %I �- $457,515 10 $36 92717 - -_.. _ .. ._. �I ..._ _ ... - __ $4s7 s1s la 92s56 $457 515 10' 160 0 °k l . I . _.._ 2009 _ 24,641 _79 -- $30,{)85.$4 . - -- $509,187.60 � 91.6'96 ! $0 00 - 92. -_ Y _ �_ $507 100.D 9 -- _71, I _ _ 2010 $50 $0 00 _- $42,3017$ . $S�If308 92 .3 °J° $000 ° 2011 $947,663.80 $19,444 04� $19,444 Q4 395 37017 _ g8 3461 ___. _ -- _ J.__ $447,653 S0� 35.896 2012 $277,281.901 - - - -- L.. $ 2,293.63: - - --- __- ___ - - -- —. _ --__ $46,135.82' $277,281.50 $46,n5.821 85.7'�o 2013 - — $277,281.9a: $262,789.001 i ; Total I $10,522.241.79 y $14,717.81 $10,013,423I 1 I - $271,100.00:` I $10,505 787.60£ 55.8% $ ,2014 - $447 0.096 i $252 789.0(#` I tBi,297 67 � � 94.496 $542, 364.5.'31 _ __. ;- ......... ......_. _... - _ _._. ......_..... Grant Agreement Not Yet Final z ' i201S $271,10a.4Wj ed _.... Szxiioo.cwi ...... _.... .I F Fr>3jected Auuardfor2015: $27g,10D.00! .. . ! S11,164,441.797 , .... PRCI Fenn i_...._._ , DS AVAILABLE MROUGH 2D15 -ZfF16 PRDGRA[Wi YF1iR PR - .. -..._ 27 - Statu 1 $1,134,564.5 . 3 us of HOME Grants - September 4 201.4 T OTAL ADMINISTRATIVE FUN DRAFT for 2013 updated regs - September 11, 2014 Page 90 Attachment B. Goals and Performance Measures The Subrecipient will be responsible for program delivery and administering HOME Program activities provided in the City of Buffalo Consolidated Plans covering the period of May 1, 2008 through April 30, 2013, respectively (City HOME Programs) Levels of Accomplishment — Goals and Performance Measures - The levels of accomplishment to be used in reporting are housing units created or rehabilitated and persons or households assisted, The Subrecipient shall also track funds leveraged from other non -HOME sources for multi- family housing development projects and homebuyer activities. The Subrecipient agrees to provide program services as detailed in the Program Delivery Activities described in Exhibits Al and A2 which contain specifics as to deliverables required of the Subrecipient. The HOME Program goals and performance measures as more fully described and listed in each of the City's Annual Action Plans and are summarized below — 2008 - Table 3A - Summary of Specific Annual Objectives Obj Specific Objectives Sources of Performanc Expected Actual Outcome/ # Funds a Number Number Objective Indicators Rental Housing Objectives H1 Develop and apply market and CDBG # units DH -2 neighborhood sensitive housing HOME rehabilitation strategies H3 Develop new affordable housing in HOME and # units 40 ** DH -1 priority areas and develop new Fannie Mae DH -2 market rate housing ** Represents units developed using Fannie Mae loan funds and repaid with CDBG — 210 Ellicott Project H7 Repayment of Fannie Mae Loan — Fannie Mae # units DHA See H3 above - Owner Housing Objectives H1 Develop and apply market and CDBG # units 139 DH -2 neighborhood sensitive housing HOME rehabilitation strategies H3 Develop new affordable housing in HOME # units 5 DH -1 priority areas and develop new included in DH -2 market rate housing H4 H4 Homeownership — Encourage new CDBG # units 11 DH -2 homeowners for existing residential HOME included in buildings pursuant to the Livable H1 Communities Initiatives' "Revitalize" and "Reinforce" neighborhoods H5 Support the rebuilt/reorganized CDBG NA NA DH -3 assisted and affordable service HOME delive system H6 Remove lead based paint hazards Lead Grant #units 49* DH -2 included in H1 H7 Repayment of Fannie Mae Loan — CDBG # units DHA See H3 Rental Housin H8 Housing efforts in the NRSA CDBG # units 16* DH -2 HOME included in H1 DRAFT for 2013 updated regs - September 11, 2014 Page 91 DRAFT for 2013 updated regs - September 11, 2014 Page 92 2008 - Table 3B - ANNUAL AFFORDABLE HOUSING COMPLETION GOALS 2009 - Table 3A- Summary of Specific Annual Objectives - 2009 CqT Specific Objectives Sources of Performanc Expected Actual Outcome/ # Funds a Number Number Objective Indicators Rental Housia Objectives H1 Develop and apply market and CDBG # units DH -2 neighborhood sensitive housing HOME rehabilitation strategies H3 Develop new affordable housing in HOME and # units 12 DH -1 priority areas and develop new Fannie Mae DH -2 market rate housing ** Represents units developed using Fannie Mae loan funds and repaid with CDBG — 210 Ellicott Project H7 Repayment of Fannie Mae Loan — Fannie Mae # units DH -1 See H3 above - Owner Housing Objectives H1 Develop and apply market and CDBG # units 205 DH -2 neighborhood sensitive housing HOME rehabilitation strategies H3 Develop new affordable housing in HOME # units DH -1 priority areas and develop new DH -2 market rate housin H4 Homeownership — Encourage new CDBG # units 44 DH -2 homeowners for existing residential HOME buildings pursuant to the Livable Communities Initiatives' "Revitalize" and "Reinforce" neighborhoods H5 Support the rebuilt/reorganized CDBG NA NA DH -3 assisted and affordable service HOME deliveFV s stem H6 Remove lead based paint hazards Lead Grant # units ** 42 DH -2 included in H1 +H4 H7 Repayment of Fannie Mae Loan — CDBG # units DH -1 See H3 Rental Housin H8 Housing efforts in the NRSA CDBG # units 26 DH -2 HOME H9 Program administration - housing CDBG NA NA DH -3 HOME DRAFT for 2013 updated regs - September 11, 2014 Page 93 Non - homeless households 287 Special needs households Total Sec. 215 Beneficiaries* Acquisition of existing units Production of new units — 12 Total Sec. 215 Affordable Rental 12 Acquisition of existing units — 13 CHDO + NRSA Acq /Rehab /Resale Production of new units Rehabilitation of existing units 225 HOME Rehab + Emergency Programs Homebuyer Assistance — 37 ADDI /DPCC Total Sec. 215 Affordable Owner 275 Acquisition of existing units Production of new units - El El Rehabilitation of existing units g225 ® ® n El [] n Homebuyer Assistance Combined Total Sec. 215 Goals* 287 n n Annual Rental Housing Goal 12 - � Annual Owner Housing Goal Total Overall Housing Goal 275 287 ® n ® n El [] n DRAFT for 2013 updated regs -September 11, 2014 Page 94 2010 - Table 3A - Summary of Specific Annual Objectives — 2010 Obj Specific Objectives Sources of Performanc Expected Actual Outcome/ # Funds a Number Number Objective Indicators Rental H imsing Objectives H3 Develop new affordable rental HOME # units 12 DH -1 housing in priority areas and DH -2 encourage maintenance of existing rental housing stock Owner Housing Objectives H1 Develop and apply market and CDBG # units 181 DH -2 neighborhood sensitive housing HOME rehabilitation strategies for owner occupied housin H4 Homeownership — Encourage new CDBG # units 27 DH -2 homeowners for existing residential HOME buildings pursuant to the "Revitalize ", "Reinforce" and "Rebuild" neighborhood strategies of the Livable Communities Initiative H5 Support the rebuilt/reorganized CDBG NA NA DH -3 assisted and affordable service HOME delivery system H6 Remove lead based paint hazards Lead Grant # units ** 70 DH -2 and/or included in HOME H1, H3,H4, H7 H7 Housing efforts in the NRSA CDBG # units 19 DH -2 HOME H2 Remove the blighting influence of City Bond NA NA DH -3 dilapidated structures Funds DRAFT for 2013 updated regs - September 11, 2014 Page 95 2010 - Table 3B — Annual Affordable Housing Completion Goals Grantee Name: Expected Actual Annual. Annual Number Number of Resources `us ed c[uring t[te period Program Year: of Units Units To Be Completed Completed CDBG HOME ESG HOPWA BENEFICIARY GOALS Sec. 215 On! Homeless households 0 ❑ ❑ Non - homeless households 239 ® ® ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries" ❑ ❑ ❑ ❑ RE -NT AL.6 OALS' (Sec 215 Only) Acquisition of existing units 0. Production of new — units— 12 ❑ ® "' ❑ Rehabilitation of existing units ❑ ❑ ❑ Total Sec, 215 Affordable Rental 12 ❑ ❑ ❑ ❑ HaME �owN�_R Go�lws \ k ` f SAC 215;Qnil 1 Acquisition of existing units — 7 ❑ CH DO Activities Rehabilitation of existing units 200 HOME Rehab + CDBG Emergency Programs Homebuyer 1 Homeowner 20 ® ® ❑ Assistance — NRSA Programs Total Sec. 215 Affordable Owner 227 ❑ ❑ ❑ ❑ OOMBIN�D, F EIVTAL, ANQ QWNER GOAL$ (S P.C, 215 Ofi Acquisition of existing units 7 Production of new units 12 ❑ ® ❑ Rehabilitation of existing units 200 ® ® ❑ ❑ Rental Assistance ❑ ❑ ❑ Homebuyer f Homeowner 20 ® ® ❑ Assistance Combined Total Sec. 215 Goals* 239 ❑ ❑ ❑ ❑ is QVERALL I�OUSMNG GQAlS 77777777 (S�c �1S � ©her A�'ordab'!e Housif < Annual Rental Housing Goal 12 - Annual Owner Housing Goal 227 ® ® ❑ ❑ Total Overall Housing Goal 239 ❑ ❑ ❑ ❑ DRAFT for 2013 updated regs - September 13, 2014 Page 96 2011 - Table 3A - Summary of Specific Annual Objectives Obi Specific Objectives Sources of Performanc Expected Actual Outcome/ # Funds a Number Number Objective Indicators Rental Housing Objectives H3 Develop new affordable rental HOME # units 20 DH -1 housing in priority areas and DH -2 encourage maintenance of existing rental housing stock Owner Housing Objectives H1 Develop and apply market and CDBG # units 218 DH -2 neighborhood sensitive housing HOME rehabilitation strategies for owner occupied housin H4 Homeownership — Encourage new CDBG # units 26 DH -2 homeowners for existing residential HOME buildings pursuant to the "Revitalize ", "reinforce" and "Rebuild" neighborhood strategies of the Livable Communities Initiative H6 Support the rebuilt/reorganized CDBG NA NA DH -3 assisted and affordable service HOME delivery system H6 Remove lead based paint hazards Lead Grant # units ** 115 DH -2 . and /or included in HOME H1, H3,H4, H7 H7 Housing efforts in the NRSA CDBG # units 49 DH -2 HOME H2 Remove the blighting influence of City Bond NA NA DH -3 dila idated structures Funds DRAFT for 2013 updated regs - September 11, 2014 Page 97 2011 - Table 3B -- Annual Affordable Housing Completion Goals Grantee Name: Expected Annual Actual Res our ces used during the Number of Units Annual period Program Year: To Be Completed Number of Units CDBG HOME ESG HOPWA Completed BENEIFI CIA' RY GOALS Sec, 215Only) ; Homeless households El 0 El El Non - homeless households 313 ® ® ❑ ❑ Special needs households El ❑ ❑ Total Sec. 215 Beneficiaries* 313 ® ❑ ❑ RENTAL GOALS: ; - - (Sec 215.Only) Acquisition of existing units [] El Lj Production of new units 20 Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance 11 [Ell El Total Sec. 215 Affordable Rental 20 ❑ ® ❑ ❑ HOME O]NNER GOALS (Sec 21,5 ,Only) .; Acquisition/rehab/resale of existing 6 ❑ units — CHDO Activities Production of new units EJ El Rehabilitation of existing units - 254 HOME Rehab + CDBG Emergency Programs Homebuyer Assistance — DPCC 20 ® ❑ Programs Homebuyer Assistance — NRSA 13 ® I Programs TE Total Sec. 215 Affordable Owner 293 ® ® El ❑ G0 BIGNE© RENTAL AND' WNf=R COALS :Sec 215 0fih Acquisition of existing units 6 ❑ Production of new units 20 ❑ Rehabilitation of existing units 254 ® ® ❑ ❑ Rental Assistance El El I El Homebuyer /Homeowner Assistance 33 ® ® ❑ ,s Combined Total Sec. 215 Goals* 313 ® ® ❑ ❑ QVERALL H00SING GQ,ALS 3e: 215 f 4tlle AfFordable' DRAFT for 2013 updated regs - September 11, 2014 Page 98 DRAFT for 2013 updated regs - September 11, 2014 Page 99 2012 - Table 3A - Summary of Specific Annual Objectives Obj Specific Objectives Sources of Performance Expected Actual Outcome/ Funds Indicators Number Number Objective Rental Housing Objectives H1 Support code enforcement and CDBG # units 671 DH-3 board up or demolition of vacant deteriorated residential proper ty Q0 Offilig- k g. ? H3 Construct and/or renovate housing HOME # units 7 DH-1 for owners and renters - RENTAL DH-2 Owner Housing Objectives H2 Assist homeowners with emergency CDBG # units 66 DH-2 repairs HOME H3 Construct and/or renovate housing HOME # units 25 DH-1 for owners and renters — OWNERS 7DH-2 Owner - occupied housing rehab and CHDO acquisition/rehab/resale II TOTAL UNITS — Rental + Owner _. L 1 1 98 1 DRAFT for 2013 updated regs -September 11, 2014 Page 100 Table 3B — 2012 -- Annual Affordable Housing Completion Goals Grantee Name: Expected Annual Actual . Reso irces used during the Number of Units Annual period ; Program Year: To Be Completed Number of Units CpBG HOME ESG HOPWA Completed BENEFI IARY .GOALS' [Sec 215 Only =" Homeless households ❑ ❑ ❑ ❑ Non- homeless households 98 0 ® ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* 98 ® ® ❑ ❑ RENTAL GOALS ; (Sec: 215 On] Acquisition of existing units ❑ El ❑ Production of new units 7 ❑ ® ....:........... ❑ Rehabilitation of existing units ❑ ❑ . ❑ ❑ Rental Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Rental 7 ❑ ® ❑ ❑ t HQMIi= 'O'WNI =R GOALS. (Sec 215 Only} Acquisition/rehab/resale of existing 3 ❑ units — CHDO Activities Production of new units ❑ ❑ Rehabilitation of existing units - 88 HOME Rehab + CDBG Emergency Programs Homebuyer Assistance — DPCC 0 ® ❑ Programs Homebuyer Assistance — N RSA 0 El ® ❑ Programs Total Sec. 215 Affordable Owner 91 ® ® ❑ ❑ „,COMBINED RENTAL AND QINNER; GdALS .(Bec 21.5 Only} Acquisition /rehab of existing units 3 ❑ ® ❑ Production of new units 7 ❑ ® ❑ Rehabilitation of existing units 88 ® ® ❑ ❑ Rental Assistance ❑ ❑ ❑ Home buyer /Homeowner Assistance 0 ® ® ❑ Combined Total Sec. 215 Goals* 98 ® ® ❑ ❑ QVERALL HOUSING GOALS SAC 215 * Other Affordable DRAFT for 2013 updated regs - September 11, 2014 Page 101 DRAFT for 2013 updated regs - September 11, 2014 Page 102 ADD TABLES 3B FOR 2013 -2014 AND 2014 -2105 TO BE ADDED HERE DRAFT for 2013 updated regs - September 11, 2014 Page 103 Attachment C. The Request for Proposal Process — HOME Program Funds Acquisition, Construction, or Rehabilitation of Rental or Homebuyer Housing Projects The City of Buffalo Office of Strategic Planning (OSP) will allocate HOME program funds within eligible categories as part of the Annual Action Plan and Consolidated Plan submission. Specific HOME- Assisted acquisition, construction, or rehabilitation of rental or homebuyer housing projects may be selected for funding through an RFP process. A. The City of Buffalo OSP, through the Buffalo Urban Renewal Agency (BURA), will issue Requests For Proposals for projects to be considered for funding under the federal HOME Investment Partnerships Program. The Requests will consist of a description of activities eligible to be funded, an application, and a listing of the evaluation criteria. A notice of the release of the RFP will be published in at least one newspaper of general circulation, and the RFP will be posted on the City of Buffalo web site. The deadline for proposal submission will be included in these announcements. Requests will be issued for Community Housing Development (CHDO) projects, and for other HOME eligible activities, such as new construction of single or multi- family housing and affordable rental housing. B. OSP /BURA staff may provide technical assistance to interested parties up to one week in advance of the proposal due date. C. Proposals must be received in Room 395, City Hall, Buffalo, New York by the published due date. Any proposals received after the announced deadline will be ineligible for consideration, unless arrangements have been made prior to the application due date. D.. A team or teams of OSP, City of Buffalo and/or BURA staff members will be convened to review proposals and ensure that applicants have proposed eligible activities. A standard evaluation form will be used to assess all proposals, based on the criteria identified in the RFP. Through this evaluation process, the review team(s) will establish recommendations. E. The review team leader will meet with the Mayor and/or his designated representative to review the recommendations and will obtain approval or amend these recommendations. F. Applicants will receive written notice, indicating the level of support, if any, which will be awarded. Participation in further discussion regarding the outcomes of the application process wilt be at the discretion of review team members and City administration. G. Funds for those projects that have received approval will be made available upon approval by the City of Buffalo and the execution of a signed agreement between the City and the Applicant/Project Sponsor. The H. The RFP process, subsequent reviews and analyses will be coordinated and managed by BURA as the administering agent for City of Buffalo entitlement funds. Note - Funding requests received after the annual RFP process will be evaluated by the appropriate review team and additional funding recommendations will be made on a monthly basis, contingent upon the availability of funds. The City of Buffalo Office of Strategic Planning also reserves the right to directly allocate funds to major projects that support the Annual Action Plan and the Consolidated Plan Strategy or other community development initiatives. DRAFT for 2013 updated regs -September 11, 2014 Page 104 Attachment D. HOME Program Project Underwriting — Minimum Fite Requirements Acquisition, Construction, Rehabilitation of Rental or Homebuyer Housing Projects The following items shall be included in the underwriting file for HOME- assisted acquisition, construction or rehabilitation of rental or homebuyer housing projects. There may be additional items required that are not included on this list to clarify information included in the standard application. The Subrecipient shall follow all OSP policies and procedures with respect to project underwriting for all applicants, including CHDOs. 1. A copy of the HOME Application or proposed project plan. The application must include information regarding the entire development team, their resumes and experience as specified in the Application Package. The City of Buffalo may ask for references. The complete City of Buffalo /Urban Renewal Agency application for non -owner occupied projects is available at http: / /www.city- buffalo. com /files /1 _2_1 /city_departments /SPIan ping /HomeApplication2011 /Application. pdf 2. For multi - family projects, the Subrecipient may complete the HUD /HOME Multifamily template completed based on the application. A narrative may be required to describe rents and utilities used as well as other funding considerations and/or restrictions. 3. For multi - family projects, the application must include — a. a full description of the project to be considered with as much detail as the Subrecipient deems necessary. Information about the structure to be rehabilitated, age, condition (if applicable), whether any demolition is proposed, the proposed rehabilitation activities, the present tenant population and copies of the appropriate relocation notices as prescribed by the URA. b. Unit Break down and mix with description of the other (under requirements c. Zoning progress and density issues for a quick start to construction. d. Construction features and amenities. e. Current or proposed ownership information including partners, structure and liabilities and documentation of similar projects completed and operational to demonstrate the financial capabilities of the developer, f. Complete and current information regarding proposed funding sources and uses. i. A spreadsheet identifying the Sources and Uses of Funds ii. Copies of commitments from all other non -HOME lenders or sources g. The types of funding to be included and their regulatory requirements h. Timing of subsidy L Timeline for the project and funding request j. Plans and specifications reviewed and approved by the Department of Inspections along with construction costs and the Description of Materials form k. Experience and capacity of the development team I. An analysis of similar past projects m. Contingent liabilities n. An analysis of neighborhood market conditions including information regarding nearby projects, demand and projects presently under construction o. Present rent roll if presently occupied p. Operating pro €orma and lease up budget to determine if the project can meet its obligations q. Financial resources of the developer to meet the obligations and any cost overrun. DRAFTfor 2013 updated regs - September 11, 2014 Page 105 .r. The following Attachments may be included: i. Application ii. Board approval iii. Financial commitments iv. beveloper Proformas v. Appraisals vi. Market study vii. Verification of deposit or line of credit viii. Survey of land ix. Site plan approval and zoning x. Availability of utilities A. Soil tests 4. The file will also include the following analyses - a. An assessment of developer capacity and fiscal soundness b. Cost allocation analysis of the funding sources and ratios to determine HOME caps and limits. This analysis will reflect that the HOME funds are being used for eligible costs and reasonable expenses c. Subsidy Layering Analysis, as appropriate d. IRR and cash on cash return analysis, including a list of any issues and concerns and any correspondence to provide clarification 5. The recommendation regarding whether the project should go forward and the results of the presentation to the City of Buffalo review committee. DRAFT for 2013 updated regs - September 11, 2014 Page 106 ATTACHMENT E 2014 GUIDE FOR LANDLORDS City of Buffalo HOME Housing Rehab Program Rental Property Requirements Apartment units in properties that have been renovated or constructed using federal HOME funds must be occupied by low- income or moderate - income families during the period of affordability. In addition, the rent charged for each apartment cannot exceed the HOME program limits, and the property must be well- maintained. The City of Buffalo is required to periodically confirm that apartments are rented, and that tenants qualify under the HOME program income guidelines. As a landlord, to comply with the HOME Program rules you must — Rent the apartment unit(s) to low - income or moderate - income families. When a family first rents the apartment, you must collect information about their income. Each year thereafter, the renter family must sign a form "recertifying" or stating that their income is still below the HOME limit. Every six years, you must collect new documentation about the family's income. A list of income information that may be needed, depending on the family's income sources is attached. A copy of the recertifying form that should be signed by the tenant each year is also attached. You should keep a separate file that contains the application to rent the apartment, and documentation regarding the family's income. A copy of the income limits for different family sizes is attached. 2. Keep the rents affordable for low- income and moderate- income families. A chart with the rent limits for different sized apartments is attached. The rents that are listed are for apartments where utilities are paid by the landlord. If the tenant pays the utilities, the rent must be lower. 3. Maintain the property in good condition during the term of the mortgage. 4. ' Provide a lease for a term of at least one year, unless both you and the tenant agree on a shorter term. The lease may not contain certain provisions (see next page for this information). All of these requirements and terms and conditions will be reviewed with you for your particular apartment unit at the time that the City monitor visits your property. Attachments - HOME Program Income Limits HOME Program Rent Limits Tenant Income Documentation List HOME Program Tenant Lease - Prohibited Terms Multi- family Rental Housing - Tenant Characteristics and Rent Report HUD Tenant Income and Statistical Report DRAFT for 2013 updated regs - September 11, 2014 Page 107 HOME Program Income Limits Effective date - May 1, 2014 for HOME Funded Programs - Very Extremely Low Income Low Income Low Income family ** 80% of 60 % Of ** 50% of ** 30% Of size median median median median 1 $35,800 $26,880 $22,400 $13,450 2 $40,900 $30,720 $25,600 $15,350 3 $46,000 $34,560 $28;800 $17,250 4 $51,100 $38,340 $31,950 $19,150 5 $55,200 $41,460 $34,550 $20,700 6 $59,300 $44,520 $37,100 $22,250 7 $63,400 $47,580 $39,650 $23,750 8 $67,500 $50,640 $42,200 $25,300 http: / /www.huduser.org /portal /datasetsliI /i1121ny.pdf 2014 HOME Program Rent Limits - INCLUDING UTILITIES - effe ctive May 1, 2014 Number of bedrooms High HOME Rent Limit Low HOME Rent Limit 0 $ 573 $ 573 1 $ 574 $ 574 2 $ 710 $ 710 3 $ 908 $ 859 4 $ 1,027 $ 958 5 $ 1,181 $ 1,058 https:l /onecpd,info /reports /HOME_RentLimits State NY 2014 ddff * ** Low HOME Rents corrected by HUD on April 29, 2014 ** Low HOME Rents are the rent levels applicable to the units set aside as 50% of Median Income Units At initial occupancy, all HOME assisted units must be occupied by households with incomes at or below 60% of the area median based on household size. In HOME projects with five or more assisted units, at least 20% of the HOME- assisted rental units must be occupied by families that have an annual income of 50% or less of the areawide median as established by HUD. These tenants must occupy units with rents set at or below the Low HOME Rent level. If you have questions regarding your obligations as a landlord, please contact - Office of Strategic Planning Division of Compliance -- 716 - 851 -4236 DRAFT for 2013 updated regs -September 11, 2014 Page 108 HOME Rental Housing Programs - Documentation List Current documentation, as applicable, must be provided for all individuals who live with you who are 18 years of age or older. Please provide, as applicable, documentation of your GRO inco — ❑ the last eight consecutive oav statements covering a minimum of two months received from each employer (full and part time), including any Reserve Duty or National Guard income, for any and all household members who are employed, Note - These pay statements may cover an eight week period if the applicant is paid every two weeks. ❑ a complete copy of Tour last year's federal tax retu - i.e. the 1040 form, w -2 statements and all schedules which were submitted with the return. This must be submitted for all applicants who are under 65 years of age who must file based on their total income. If you.are working with an elderly client who has only income from Social Security (no pensions or any other source of income), we will not require a copy of the tax return. ❑ your Social Security Award letter stating your monthly benefit for the current year (not more than 12 months old) - if you do not have a recent copy, call Social Security at 1- 800 - 772 -1231 and ask them to send you a copy of your current monthly benefit statement. ❑ your Supplemental Security (SSI or SSD) Award letter stating your monthly benefit for the current year (not more than 12 months old) - if you do not have a recent copy, call Social Security at 1 -800- 772 -1231 and ask them to send you a copy of your current monthly benefit statement ❑ your current monthly gross pension benefit pay statement (check receipt) (not more than 6 months old) ❑ your current Public Assistance benefit statement (and, for any new housing or down payment and closing cost assistance program applicant, an acknowledgement from your caseworker that you have notified Social Services of your intent to purchase a home and a copy of the terms and conditions of any liens which they might attach to the property for benefits paid) ❑ your current gross monthly or biweekly Railroad Retirement, andlor Veteran's benefit statement ❑ if you are divorced or legally separated, a complete copy of your divorce decree or separation agreement. If you are separated, but not legally, additional information regarding your marital status will be required. ❑ court ordered support letters, for dependent children or for you. ❑ current unemployment benefit statements - including the starting date of payments DRAFT for 2013 updated regs - September 11, 2014 Page 109 Income Documentation Requirements — continued ❑ current disability benefit statements - including the starting date of payments and any information regarding the continuation or termination of payments ❑ if you have children who (will) live in the house with you and who do not appear on your tax return, please provide birth certificates or a custody agreement ❑ if you are self employed, an itemized Income and Expense statement for the most recent quarter YTD, in addition to your filed complete federal tax returns for the last three years. In some cases, we may request an audited Profit and Loss statement. ❑ your most recent bank statement for any and all accounts for all household members - if the account is held with another individual who is not a member of your household, please provide evidence (for example, a copy of the driver's license) that that individual does not reside with you. ❑ if you are not now employed, [i.e. receiving unemployment or workman's compensation], or have no income at all at this time and are currently totally dependent on another household member for your support, BUT have had income from any source within the past 12 month period, please provide a written, documented, accounting of income received during that period. For example - ■ November 12, 2010 - March 13, 2010 - not employed, no income from any source ■ March 14, 2010 - July 7, 2010- seasonal work with XYZ Landscaping (attach statement of total earnings provided by the XYZ, or all pay stubs for period) • July 8, 2010 - October 27, 2010 - worked part time with ABC Cab (attach statement of total earnings provided by the ABC, or all pay stubs for period) • October 27, 2010 to the present - unemployed, not eligiblefor unemployment because (quit job, released from job, did not work long enough to qualify for benefits...) ❑ if you are not now employed, have no income at all at this time, have had no income from any source for the past twelve months, and are currently totally dependent on another household member for your support, please provide a detailed, handwritten legible, notarized affidavit - specific language to be provided by the CBO ❑ Please note — The documentation noted above is a general description of the information that must be submitted in support of your application for financial assistance. Additional information may be requested if the information submitted is not sufficient to accurately determine household income. DRAFT for 2013 updated regs - 5eptember 11, 2014 Page 110 HOME Program Regulations - Sec. 92.253 - Tenant and participant protections: a. Lease. The lease between a tenant and an owner of rental housing assisted with HOME funds must be for not less than one year, unless by mutual agreement between the tenant and the owner. b. Prohibited lease terms. The lease may not contain any of the following provisions: 1. Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the iease; 2. Treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with State law; 3. Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent; 4. Waiver of notice. Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant; . 5. Waiver of legal proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; 6. Waiver of a jury trial_ Agreement by the tenant to waive any right to a trial by jury; 7. Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and 8. Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. c. Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted with HOME funds except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable Federal, State, or local law; for completion of the tenancy period for transitional housing; or for other good cause. To terminate or refuse to renew tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action at least 30 days before the termination of tenancy. d. If there are five or more rental units in your building, then — Tenant selection. An owner of rental housing assisted with HOME funds must adopt written tenant selection policies and criteria that: ■ Are consistent with the purpose of providing housing for very low- income and low- income families; • Are reasonably related to program eligibility and the applicants' ability to perform the obligations of the lease; • Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and • Give prompt written notification to any rejected applicant of the grounds for any rejection. DRAFT for 2013 updated regs - September 11, 2014 Page 111 City of Buffalo - Multi-family Rental Housing - Tenant Characteristics and Rent Rep Project Name Property Address Low or utilities High date of last paid by unit. HOME Tenant Last income no. tenant? monthly terra number Rent? Name certification BRs max rent York N unit rent contrib DRAFT for 2013 updated regs - September 11, 2014 'it ition subsidy amount TOTAL RENT CHARGED number of persons in unit % of area median income - see Chart Hispanic? Race See + Ghart Page 112 2 ®14 HUD TENANT INCOME AND STATISTICAL REPORT Complete a separate sheet for each apartment in the subject property Subject Property Address - Property description - Total RENTAL units before rehab Total OCCUPIED RENTAL units before rehab Total VACANT rental units before rehab Total RENTAL units after rehab Number of bedrooms in this rental unit Rental Unit Location - Upper Lower Front house Rear house Racial Data - American Indian /Alaskan Native Asian Native Hawaiian /Asian/Pacific Islander Black / African American White Multi Racial - Select two categories from those listed Ethnicity Data - Hispanic or Latino Not Hispanic or Latino The tenant's yearly gross income relates to the following family income scale - Circle the householdlfamilV size and select the income category on the same line that is applicable to that size household - Household Size Is your income less than - If NO, is your income less than -- If NO, is it less than -- If NO, is it less than -- 1 one person $13,450 es no $22,400 es no $8,070 es no $35,800 yes no 2) two persons $15,350 es no $25,600 es no $9,210 es no $40,900 yes no 3 three persons $17,250 es no $28,800 es no $10,350 es no $46,000 yes no ( 4 four persons $19,150 es no $31,950 es no $11,490 es no $51,100 yes no 5 five persons $20,700 es no $34,550 } es no $12,420 es no $55,200 yes no 6 six persons $22,250 ) yes no $37,100 () es ( ) no $13,350 es ( ) no $59,300 () yes ) no 7 seven persons $23,750 es no $39,650 es no $14,250 es no $63,400 es no 8 eight persons $25,300 es no $42,200 ( yes no $15,180 es no $67,500 yes no (EL - Extremely Low Income) (VL -Very Low Income) (60% of Median) (LM - Low /Moderate Income) My monthly rent is Utilities included - ( ) yes ( ) no Total number of persons living in the apartment - Is the head of household -- {) yes O no - 65 year of age or older {) yes ( ) no - single individual, non - elderly ( ) yes O no - Disabled or handicapped ( ) yes ( ) no - single parent with dependent children ( ) yes ( ) no -Female ( ) yes ( ) no - two parents with dependent children I attest to the fact that I am the head of the household / tenant occupying a place of residence at the above property address and that I am aware that the above information will be used exclusively for reporting to the Federal Department of Housing and Urban Development, in compliance with Section 104(d) of the Act at 24 CFR 570.906 with all subsequent revisions. I agree to provide supporting documentation, if requested, as further evidence of compliance with federal regulations. Revised 0111412014 Tenant's Signature Date DRAFT for 2013 updated regs - September 11, 2014 Page 113 Attachment F - PR22 — Open Encumbered Activities — September 10, 2014 DRAFT for 2013 updated regs -September 11, 2014 Page 114 IDES Initial Tenure Type Activity Type ActiVity Activity Address Activity Status Status Date Home Units Funding Committed Drawn Date Amount Amount PCT Rental NEW CONSTRUCTION 8251 335 Massachusetts Ave , Buffalo NY, 14213 Open 06/24/14 0 06/27/12 32 2,817.00 31,318.94 Rental NEW CONSTRUCTION 8494 2017 Bailey Ave , Buffalo NY, 14211 Open 07/28/14 0 07/30/13 988,650.00 9.70% Rental NEW CONSTRUCTION 8503 179 Leman St ' Buffalo NY, 14204 Open 07/21/14 0 07/31/13 2,750,000.00 845,954.00 2,211„503.00 85.57% Rental REHABILITATION 8165 101 Bakos Blvd , Buffalo NY, 14211 Final Draw 05/12/14 45 03127/12 650,000.00 80.42% Rental REHABILITATION 8249 238 Ontario St , Buffalo NY, 14207 Open 08128/13 fib 06/27/12 1,500,000.00 650,000.00 100.00% Rental REHABILITATION 8250 186 EfnerSt , Buffalo NY, 14201 Open 06/16/14 0 06/28/12 1,635,000.00 1,350,000.00 90.00% Rental REHABILITATION 8262 430 Jersey St , Buffalo NY, 14213 Open 08/28/13 0 06/28/12 989,986.00 1,471,500.00 90.00% Rental ACQUISITION ONLY 3962 775 Main St , Buffalo NY, 14203 Canceled 0.00 890,987.00 90.00% Rental ACQUISITION AND REHAB 8493 1607 Hertel Ave , Buffalo NY, 14216 Open 08/18/14 11 0 03108/02 826,517.64 826,517.64 100.00% Homebuyer ACQUISITION AND REHAB 7120 38 19th St , Buffalo NY, 14213 Open 09/25/12 08/02/13 700,000.00 516,628.85 73.80% Homebuyer ACQUISITION AND REHAB 7121 10019th St , Buffalo NY, 14213 Open 09/25/12 0 01/08/09 41,000.00 37,549.19 91.58% Homebuyer ACQUISITION AND REHAB 7122 10619th St Buffalo NY, 14213 0 01/08109 56,850.00 56,849.89 100.00% Homebuyer ACQUISITION AND REHAB 7123 , 110 19th St Buffalo NY, 14213 Open 09/25/12 0 01/26/09 83,910 .00 83,909.31 100.00% Homebuyer ACQUISITION AND REHAB 7124 , 113 19th St Buffalo NY, 14213 Open 09/25/12 0 01/08/09 61,000.00 53,795.75 88.19% Homebuyer ACQUISITION AND REHAB 7510 , 160 Brunswick Blvd Buffalo NY, 14208 Open 091.25/12 0 01/08/09 71,240.00 65,417.42 91.83% Homebuyer ACQUISITION AND REHAB 7804 , 82 Wakefield Ave Buffalo NY, 14214 Open 10/05/10 2 02/25/10 4,869.00 4,839.00 99.38% Homebuyer ACQUISITION AND REHAB 8252 , 175 Laurel St Buffalo NY, 14208 Open 06/19/13 0 10/21/10 189,702.52 145.,005.37 76.44 Homebuyer ACQUISITION AND REHAB 8253 , 260 Laurel St Buffalo NY, 14208 Open 02/11114 D 06/28/12 0.00% Homebuyer ACQUISITION AND REHAB 8254 , 207 Laurel St Buffalo NY, 14208 Open 02/11/14 0 06/28/12 0.00% Homebuyer ACQUISITION AND REHAB 8255 , 309 Riley St NY, 14208 Open 02/11/14 D 06/28/12 0.00% Homebuyer ACQUISITION AND REHAB 8256 ,Buffalo 260 Northampton St Buffalo NY, 14208 Open 02/11/14 0 06/28/12 0.00 °!0 Homebuyer ACQUISITION AND REHAB 8495 , 160 Brunswick Blvd Buffalo NY, 14208 Open 02/11/14 0 06/28/12 0 D0% Homebuyer ACQ AND NEW CONSTR 7494 , 877 Wood lawn Ave , Buffalo NY, 14211 Open O p eR 0$ {01/14 09/12/12 0 0 07/31/13 0.00 Homebuyer ACQ AND NEW CONSTR 7495 883 Woodlawn Ave , Buffalo NY, 14211 Open 02/25/10 241,613.00 239,272.32 99.03% Homebuyer ACQAND NEW CONSTR 7496 886 Woodlawn Ave , Buffalo NY, 14211 Open 04/20/12 0 02/25/10 241,613.00 227,x54.75 93.97% Homeowner Rehab REHABILITATION 3864 928 Humboldt Pkwy uffalo NY, 14211 Y 03/21/13 0 02/25/10 241,613.00 231,225,77 95.7xy Homeowner Rehab REHABILITATION 5264 � 245 Humboldt Pkwy Buffalo NY, 14208 Open 07/08/03 1 11/14/01 35,000.00 13,078.00 37.37% Homeowner Rehab REHABILITATION 7094 , 91 Fernhill Ave Buffalo NY, 14215 Open 09/21/07 2 04/08/05 56,325.00 38,875.00 69.02% Homeowner Rehab REHABILITATION 7224 , 111 Hamilton St Buffalo NY, 14207 Open 09/21/10 2 12/15/08 44,950.00 39,920.00 88.81% Homeowner Rehab REHABILITATION 8006 , 205 Rodney Ave Buffalo NY, 14214 Open , Final Draw 07121/14 1 11/01/11 20,850.00 20,850.00 100. DRAFT for 2013 updated regs -September 11, 2014 Page 114 ADDENDUM TO AGREEMENT The parties agree that the following terms and provisions shall be incorporated into the Agreement as if fully stated therein: From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. 2. if additional requirements not in effect at the time of execution of this Agreement are subsequently required by the City in order to process requests for reimbursements and /or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change, the requirements in effect at the time of the execution of this Agreement, or which were later amended through notice to the Subrecipient pursuant to this provision, shall be followed by the parties. above. IN WITNESS WHEREOF, the parties have duly executed this addendum on the date first written CITY OF BUFFALO I:• Byron W. Brown Mayor CITY OF BUFFALO URBAN RENEWAL AGENCY BY: BY: Brendan R. Mehaffy Vice Chair APPROVED AS TO FORM Timothy A. Ball Corporation Counsel APPROVED AS TO FORM Scott C. Billman, Esq. General Counsel Agreement for Management, Implementation and Delivery of Services Page 1 Agreement for Management, Implementation and Delivery of Services for The City of Buffalo EMERGENCY SOLUTIONS GRANT Program (Funding from the United States Department of Housing and Urban Development) For the 2014 -2015 Funding Year THIS AGREEMENT is made effective. as of the day of September, 2014 by and between the CITY OF BUFFALO (hereinafter referred to as "The City ") a municipal body corporate and politic created and existing under the laws of the State of New York, having its offices at 65 Niagara Square, City Hall, Buffalo, New York 14202, and the City of Buffalo Urban Renewal Agency, a public benefit corporation, organized and existing pursuant to the laws of the State of New York having its principal office at 65 Niagara Square, City Hall, Room 920 Buffalo, New York 14202, Buffalo, New York (hereinafter the "Subrecipient "). WHEREAS, the City allocates and monitors on behalf of the City of Buffalo a Federal Grant provided by the of the United States Department of Housing and Urban Development (hereinafter "HUD ") pursuant to the Homeless Housing Act of 1986PL 99- 500), (hereinafter "the Act ") recognized the need to assist homeless and appropriate funds to implement the Emergency Solutions Grant Program as implemented pursuant to 24 CFR 576 (the "Program "); and WHEREAS, the City has received. funds under the Act and. Regulations promulgated pursuant thereto (hereinafter referred to as "Regulations ") in the form of a grant, for supporting various community level programs to meet those needs; and WHEREAS, the Subrecipient has proposed a program (hereinafter referred to as the "Program ") which the City has approved by adoption by the City of Buffalo Common Council of the Year Annual Action Plan for with funding to be provided under the Emergency Solutions Grant (ESG); and WHEREAS, the parties hereto wish to agree upon the terms and conditions for the management, and delivery of services for the Subrecipient's implementation of the Program, and NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set forth herein, the parties hereby agree as follows: 1. PROGRAM DESCRIPTION AND SCOPE OF WORK. The Subrecipient agrees to provide administrative and management services for City of Buffalo Emergency Solutions Grant Programs. The Programs will be carried out in strict compliance with all EMERGENCY SOLUTIONS GRANT statutory and regulatory requirements, the General Conditions attached herein and all other applicable Federal, State, and local laws and regulations. The Program Scope of Work shall be that attached hereto as Exhibit A. ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 2 2. TERM OF AGREEMENT The parties agree this Program shall begin as of October 1, 2014 and expire on September 30, 2095, unless such dates are changed In accordance with the provisions of this Agreement. The provisions of this Agreement herein shall be extended to cover any additional time period during which the Subrecipient remains in control of ESG funds or other ESG assets, including Program Income, if applicable. The Subrecipient understands that at the conclusion of the contract term unused funds will be reprogrammed by the City for other grant purposes. 3. AMOUNT OF FUNDING AND PAYMENT FOR PROGRAM SERVICES The City agrees to pay allowable Program costs of the Subrecipient in an amount not to exceed the Program Budget, annexed hereto and made a part of this Agreement and attached as Exhibit B, provided that the Subrecipient submits and maintains all fiscal records and documentation in accordance with fiscal procedures, as established from time to time by the City, and fiscal procedures and requirements applicable under the Act and Regulations, effecting in a timely manner any changes required by the City, the Act or the Regulations. 4. DEFAULT BY THE SUBRECIPIENT Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, including but not limited to the Scope of Work as stated in Exhibit A, by the Subrecipient or any successor to the Subrecipient, the City has the unilateral right to immediately terminate this Agreement with a full reservation of all other rights, or the City may in its sole discretion allow the subrecipient the opportunity to cure within the parameters that follow. The Subrecipient (or its successor) shall, upon written notice from the City, proceed immediately to cure or remedy such default or breach, within thirty (30) days after receipt of such notice. In case such action is not taken or not diligently pursued in the City determination, or the default or breach shall not be cured or remedied within said time, the City may institute such actions or proceedings as may be necessary or desirable in its discretion to cure or remedy such default or breach; and/or may exercise its rights or remedies pursuant to the other terms and provisions of this Agreement, including termination of this Agreement and recovery of disbursed funds under this Agreement. ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 3 5. SUSPENSION OF AGREEMENT To the fullest extent permitted by law, and not inconsistent with 24 CFR 35.43, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4, above reserves the right to suspend any and all operations of the Program for a period not to exceed seven (7) days for any reason, upon twenty -four (24) hours written notice to the Subrecipient specifying the reasons therefore. In the event that such notice of suspension is served, the Subrecipient shall be entitled to a reasonable opportunity, within the twenty -four (24) hour period preceding suspension, to discuss the reasons therefore directly with the Executive Director of the City of Buffalo Mayor's Office of Strategic Planning or his designee (hereinafter "Executive Director "). The decision to impose any or all suspensions shall be within the sole discretion of the City through the Executive Director or his designee. The Subrecipient agrees not to make any claim, or cause or allow any claim to be made, for or on behalf of any employee, organization, or other person, for salaries or other Program expenses, other than rent, utilities and the like, during any period or periods of time in which Program operations are suspended under this provision. In the event of suspension, the City may, subject to the limitations of 24 CFR 85.43, may withhold any and all further payment(s) under this agreement. In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; or b. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations. under this Agreement; or c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. 6. TERMINATION OF AGREEMENT To the fullest extent permitted by law and subject to 24 CFR 85.44, or any other applicable law or governing regulation, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4 and 5, above, may, at any time during the term of this Agreement or any extension thereof, terminate this Agreement without cause in the event the terms and conditions hereof are not fully complied with by the Subrecipient, by giving the Subrecipient seven (7) days notice in writing of its intention to terminate for that reason. In the event of suspension, the City may, subject to the limitations of 24 CFR 85.43, the City may withhold all further payment under this agreement. ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 4 7. AMENDMENT OF AGREEMENT' The consent to amend or modify this Agreement or the Subrecipient's Program is in the sole discretion of the City. Requests for amendment or modification of this Agreement or Subrecipient's Program shall be made in writing to the Executive Director or his designee specifying the changes sought and the reasons therefore. Should the Executive Director consent to modification or amendment of this Agreement or Subrecipient's Program, the written amendment or modification will be executed by the Subrecipient and the Executive Director or his designee. The consent to amend or modify this Agreement or Subrecipient's Program is in the sole discretion of the City. Requests for modification across budget class items or to add budget cost categories should be submitted in writing to the Executive Director. Such modifications will result in no change in the total funding amount or the terms of this agreement. The Executive Director will decide his /her sole discretion whether such modifications will be allowed based on regulatory and budgetary requirements. In addition, the parties may agree to extend the term of this agreement for an additional one (1) year term to include the 2016 -2016 Program Year. Any extension under this section is subject to any and all approvals required by the City of Buffalo. 8. MONITORING OF AGREEMENT The City and/or its designated agents will monitor the Subrecipient's Program. Such monitoring may consist of but will not be limited to on -site inspections of Program reports, documents, records and activities at any time with or without prior notice and inspection of program financial records and books upon twenty - four (24) hours advance notice. The City will monitor the performance of the Subrecipient against goals and performance standards as stated in this Agreement. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, but said period shall not exceed thirty (30) days after notification, unless the period is extended in writing by the City, the Agreement may be suspended or terminated. 9. LIMITATION OF LIABILITY The City does not assume and shall not be held liable for any costs, debts, or liabilities incurred by the Subrecipient or any officer, agent or employee of the Subrecipient, incurred beyond the scope of this Agreement, and the Subrecipient ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 5 agrees to hold the City of Buffalo and the City harmless from any such cost, debt or liability arising out of the Subrecipient's activities related to this Agreement. 10. LIMITATION OF CLAIMS The City will pay no invoices or claims for costs and expenses incurred after the date of termination of this agreement or any extension thereof. The Subrecipient agrees to submit any and all invoices and claims for costs and expenses for the operation of the Program within thirty (30) days after the date of termination of this Agreement, or any extension thereof, or under any termination provision of this Agreement. In the event of termination, the City will pay for all properly incurred expenses and costs of the Subrecipient up to and including the date of termination of this Agreement. The City will not pay any invoices and claims for costs and expenses received more than thirty (30) days after the date of termination of this Agreement, or any extension thereof. 11. AVAILABILITY OF FUNDS The Subrecipient acknowledges that this funding is provided based upon the Agency's determination that the Program funded under this Agreement are eligible activity/activities that meets a National Objective pursuant to the HUD Regulations regarding the ESG Program. The Subrecipient further acknowledges that the cessation of the eligible activitylactivities or the failure to commence them within the time frames established in Section 2 of this Agreement shall be a default and breach of this Agreement. The obligations of the City to the Subrecipient under this Agreement shall be limited by the U.S. Department of Housing and Urban Development (HUD) and the Emergency Solutions Grant (ESG) Program regulations, limited to, and subject to the allocation of funds under the grant made available to the City by HUD from time to time during the term of this agreement, and the City allocation of said funds pursuant to all applicable laws and regulations and the City exercise of discretion regarding the allocation of said funds. It is hereby mutually stipulated and agreed that this Agreement shall not become effective and shall not be binding or of any force unless and until the City of Buffalo Department of Audit and Control shall certify that there remains unexpended and unapplied a balance of the appropriation or funds applicable to this Agreement sufficient to pay the expenses of the Program described in this Agreement, as they appear herein. 12. MAINTENANCE OF RECORDS AND SUBMISSION OF REPORTS The Subrecipient shall maintain and provide in an orderly and timely manner, as directed by the City, an original and two copies of any and all reports, documents and records of Program operations, procedures and participant characteristics, mandated by any and all federal, state, local or departmental statues, rules, regulations, laws, or ordinances in effect, promulgated or enacted during the ESG Agreement Year 40 (912014) reement for Management, Implementation and Delivery of Services Page 6 term of this Agreement or any extension thereof. Such reports, documents and records shall be considered the property of the City and shall be maintained in an orderly manner by the Subrecipient for a period of six years beyond any termination date of this agreement, or any extension thereof, without cost to the City. The City in its sole discretion may direct the immediate delivery of any and all such reports, documents and records in an orderly manner to the City, upon termination of this Agreement or any extension thereof, for any reason. The Subrecipient agrees to comply with a direction for orderly delivery of any and all such reports, documents and records within seventy -two (72) hours, or forfeit any unpaid claim which the Subrecipient, or any officer, agent, or employee of the Subrecipient, may have against the City for unpaid wages, salaries, fringe benefits, or any other cost disbursement, fee, or debt rising from the operation or termination of this Agreement. The Subrecipient agrees and stipulates to conduct its Program in strict accordance with the Regulations and the requirements and procedures of the Mayor's Office of Strategic Planning and shall maintain records and proper documentation of all activities carried out in furtherance of the Program including but not limited to: A. Records providing a full description of each activity undertaken; B. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not limited to, client name, address, income level or . other basis for determining eligibility, and description of service provided. Where the activity qualifies under the low - moderate income beneficiary objective, maintain data substantiating Section 8 low /moderate income eligibility of recipients /participants (see attachment for current year Income limits); C. Intake files which provide data on participant characteristics required for federal reporting; D. Logs or files documenting attendance of participants; and E. Financial records as required by 2 CFR 85.20 -26 and 24 CFR 576; F. Daily log and time sheets of each employee with total hours worked and hours devoted solely to Emergency Solutions Grant (ESG) activity; G. Payroll records detailing hours and amounts paid, withholdings in accordance with laws and regulations; and N. Payroll reports evidencing compliance with payroll reporting required by federal and state regulatory agencies; and 1. Contracts for any third party agreements; and J. Invoices, travel reports, receipts and other independently prepared documents supporting allowable charges to the Program; and K. Evidence of payment for all costs claimed for reimbursement in connection with the Program; and L. Except for petty cash items, all expenses should be paid by company check. Subrecipient must have an imprest petty cash system with adequate controls and approvals and petty cash must be used only for small dollar purchases (e.g., less than $50.00). Subrecipient must provide a written description of the petty cash system to the City of Buffalo Department of ESG Agreement Year 40 (912014) reem for Management, Implementation and Delivery of'Services Page 7 Audit and Control and/or the Executive Director, as so directed from time to time, prior to the approval of any petty cash cost claims, and M. Itemized fixed asset records showing date of purchase, vendor, cost, serial or other identification number, source of funding, etc, Asset details should be reflected on fixed asset acquisition forms and disposition forms that should be prepared using the City approved forms; and N. Quarterly Performance reports which track the progress of applicants through the Program processes; and O. Minutes of the meetings of the Subrecipient's board of directors, and P. Data ensuring that program beneficiaries are homeless according to the definition of homeless found at 24 CFR 576.3 of the Regulations, Q. Subrecipient maintains records to ensure that families who are assisted under a homeless prevention program have received eviction notices or notices of termination of utility services meet the requirements of 24 CFR 576.21 (a)(4) of the Regulations regarding the reduction of income, resumption of payments and other requirements, and R. Subrecipient has established an individual case file for each program beneficiary, and S. Subrecipient has established a chronological program log to track the addition of clients to the program, and T. Subrecipient maintains records to document the homeless individuals and families are given assistance in obtaining appropriate supportive services including permanent housing, medical health treatment, mental health treatment, counseling, supervision and other essential services for achieving independent living, and U. Subrecipient has maintained records to document the provision of funds which may be used as a match for funds provided under the Emergency Solutions Grant program, and V. Subrecipient must be Homeless Management Information System (HMIS) certified by the Homeless Alliance of Western New York (HAWNY), attend HMIS training conducted by HAWNY or HUD authorized trainer, and receive a HMIS license after completing mandatory training. During the course of the contract the Subrecipient will: 1. Enter all Universal HUD Data Elements into HMIS for every client. 2. Enter each client into HMIS within 24 hours of contact. 3. Exit each client from HMIS within 24 hours of program exit. 4. Submit required HPRP required reports to HAWNY and the City of Buffalo by the notified deadlines. 5. Answer all data quality reviews (including but not limited to Monthly Issue Reports) within 30 days or the time allocated within the Data Quality Reports Policy for HPRP, and W. Any other record that the City may require during the term of the Agreement. Such information shall be made available to the City monitors or their designees for review upon request. The Subrecipient shall submit to the City regular reports as follows: ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 8 A. Monthly requests for reimbursement of allowable program costs, in a form as established by the City; B. Quarterly reports due within 15 days of the end of the quarter detailing daily units of service by program Exhibit: H; C. A year end closeout report documenting all applicants processed, in a form as established by the City;; D. Periodic performance measurement reports in a format to be provided by the City; E. A year end fixed asset inventory, in a format provided by the City; F. A copy of its annual audited financial statements and auditor - prepared management letter; and G. A copy of its annual Single Audit report; and any other report that the City may require during the term of this Agreement. The Subrecipient agrees to send appropriate representatives to any training sessions held by the City to explain or implement the above requirements and federal regulatory issues. The Subrecipient agrees that the City may withhold payment of any part of the costs of the Program for failure to provide and maintain requested documentation, submit Program reports in the format provided by the City and in accordance with the time schedules set forth above. 13. DECISIONS BY THE CITY In case of any ambiguity in the terms of the Program, the preparation and maintenance of any and all reports, documents, and records, the administrative or fiscal procedures to be followed, and the interpretation of any and all federal, state, local, or departmental statutes, rules, regulation, laws or ordinances, the matter must be immediately submitted to the City which shall resolve the same and its decision in relation thereto shall be final and conclusive upon the Subrecipient to the extent provided by the law. 14. CLOSE -OUT PROCEEDINGS This Agreement shall remain in effect during any period that the Subrecipient has control over grant funds, including program income. The Subrecipient agrees that the City may withhold payment of any part, up to ten percent (10 %) of the total costs for the Program, until such time as the Program close out procedures have been completed to the satisfaction of the City. The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any ESG funds on hand at the time of expiration or termination along with any other accounts receivable attributable to the use of ESG funds. 15. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the Subrecipient agrees as follows: ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 9 A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non - discrimination clause. B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City's contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts. in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise proved by law. F. In the event of the Subrecipient's non- compliance with the non - discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 10 G. The Subrecipient will include the provisions of Paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the Office may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Office, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 16. LIVING WAGE ORDINANCE OF THE CITY Subrecipient and its agents shall comply with the Living Wage Ordinance of the City (Buffalo City Code Sec.96 -19) (Ordinance), if applicable. Compliance includes: a. Paying all covered employees a living wage. Covered employees are all employees, full or part -time, employed in, on, or for the project or matter subject to the contract, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. b. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. c. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. d. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and/or a grievance with the City's Living Wage Commission. The City has the discretion to terminate this Agreement and pursue any other legal remedies if Subrecipient and/or its agents fail to comply with the Ordinance. 17. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES It is the policy of the City that equal opportunity to participate in subrecipient procurements is provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the City are placed with minority and women owned business enterprises, the Subrecipient agrees to take affirmative action to the ESG Agreement Year 40 (9/2014) Agreement for Management, Implementation and Delivery of Services Page 11 fullest extent consistent with sound procurement principles and applicable law(s) to identify qualified enterprises and to solicit bids and quotations from them, and in making awards and purchases to give equitable consideration to these enterprises. Such action shall include, but is not limited to: A. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. B. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. C. Subrecipient shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of 30% minority and women owned business enterprises. 18. WORKPLACE DIVERSITY The City of Buffalo is committed to achieving excellence in workplace diversity that encompasses the equity and social justice principles of the local, state and federal Equal Employment Opportunity laws and the City of Buffalo's policies that promote participation by minority and women owned business enterprises. The City encourages its contracting partners to adopt business methods and models that foster and strive for diversity within their workplaces as a matter of course. In managing and valuing diversity, the City recognizes that it is the key component of. effective people management as well as it is the key to significant organizational benefits such as enhancing productivity of all staff, enhanced equality of opportunity, recruitment and selection from a wider pool of talents, improved service and client satisfaction and a positive community image. It gives effect to the principles of Equal Employment Opportunity. The City encourages our contracting partners to achieve a workforce that reflects the profile of the broader community and capitalizes on this City's vibrant diversity of people. 19. FEDERAL LABOR REQUIREMENTS (SECTION 3, HUD Act of 1968) Section 3 Compliance in the Provision of Training employment and Business Opportunities: the Subrecipient shall cause or require to be inserted in full in all contracts or subcontracts for the program work funded with assistance, the Section 3 Clause as follows: A. The work to be performed under this Agreement is on a project assisted under a program provided direct Federal Financial Assistance from the Department of Housing and Urban Development and subject to the ESG Agreement Year 40 (9/2014) Agreement for Management, Implementation and Delivery of Services Page 12 requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC, 1701u. Section 3, requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the Program area and contracts for work in connection with the Program be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the Program. B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. C. The Subrecipient will send to each labor organization or representatives of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal. Financial Assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, of the regulations set forth in 24 CFR Part 135 and all applicable rules and orders of the Contract, shall be a condition of the Federal Financial Assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns to these requirements shall subject the applicant or recipient, its Subrecipients and subcontractors, its successors and assigns to those sanction specified by the grant or loan agreement or contract through which Federal assistance is provided and to such sanction as specified by 24 CFR Part 135. F. See Exhibit D: Statement of Compliance with Section 3, Housing and Urban Development Act of 1968. 19. COMPLIANCE WITH LAW AND REGULATIONS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 13 regulations concerning the Emergency Solutions Grant Program ( "ESG "). The Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR part 53 and the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.. The Subrecipient agrees to conduct any and all activities under this Agreement in strict compliance with the mandates of.any and all federal, state, local or departmental statutes, rules, regulations, laws, ordinances or grants, in effect or promulgated during the term of this Agreement or any extensions thereof, related to the Program. Without in any way limiting the foregoing, federal requirements adhered to shall include but not be limited to O.M.B. Circular No. A -122, "Cost Principles for Non - Profit Organizations," to O.M.B. Circular A -110, "Uniform requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations," and to O.M.B. Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations (2003), each to the extent applicable. 20. CONFLICT OF INTEREST The City and the Subrecipient represent to each other that all or most of the Subrecipient Board Members and Officers are also City employees. Persons falling within these potentially conflicting roles will complete appropriate conflict of interest disclosure. Execution of the terms of this Agreement shall be in strict compliance with all applicable federal, state and local laws and regulations concerning the avoidance of any conflict of interest. Except as set forth above, the Subrecipient represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City nor are their immediate family members employees of the City nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by HUD. Violation of the terms of this agreement shall be cause for termination of this Agreement, and a voidance of any benefit to the Subrecipient otherwise created for the Subrecipient concurrent with the Conflict of Interest. ESG Agreement Year 40.(9/2014) reement for Management, Implementation and Delivery of Services Page 14 The Subrecipient shall report all conflicts of interest for review by the City by the submission of the report enclosed as Exhibit C. 21. FUNDED BY THE CITY OF BUFFALO'S ESG PROGRAM The parties agree that the Subrecipient and its officers, agents, and employees shall neither claim nor represent by use of any work, symbol, seal or logo that any individual engaged in Program activity or the Program itself or the Subrecipient is any City division, department, officer, agent, employee, or part of the government or administration of the City. Provided, however, that in all public statements or communications regarding the Program, the Subrecipient shall indicate in some manner that the City furnishes funds for the Program. 22. ASSIGNMENT The Subrecipient agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or any right, title, obligation, or interest it may have therein, without prior written consent from the City. Any such assignment, transfer, conveyance, or disposition of this Agreement, or any right, title, or interest therein without prior written consent of the City will relieve the City of any and all liabilities and obligations growing out of this Agreement to the Subrecipient or to the person or corporation to which this Agreement shall have been assigned, transferred, conveyed, or otherwise disposed of and the Subrecipient and its assignees or transferees shall forfeit and lose all moneys theretofore earned under this Agreement. 23. TITLE AND OWNERSHIP Title and ownership of any equipment, furniture, furnishings, or other property to be purchased by the Subrecipient under the terms of this Agreement, or furnished to the Subrecipient by the City, for use in carrying out the objectives of the Program shall vest in the City. Any and all such property shall be returned to the City in good condition upon the termination of this Agreement or any extensions thereof. An inventory of all such equipment, furniture, furnishings or property shall be maintained by the Subrecipient in a manner prescribed and approved by the City. At the expiration or termination of this Agreement the Subrecipient shall provide a written inventory to the City of Buffalo's Office of Strategic Planning and the City of Buffalo Department of Audit and Control. Equipment not needed by Subrecipient for activities shall be transferred to the City or, after obtaining the City pre - approval, retained by Subrecipient after compensating the City pursuant to the Regulations. 24. REQUIREMENTS FOR RENTING PROPERTY The Subrecipient covenants not to lease or rent any real estate, building, or portion thereof, for which rental moneys have been wholly or partially allocated under this Agreement, without securing from the Lessor thereof a lease, agreement, or modification of an existing lease or agreement, which provides the ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 15 following assurances: The Lessor hereby represents that as of the date of execution of this document, no taxes, judgments, service charges, or fees relative to the premises, are overdue or owing to the City of Buffalo, or any agency, department, authority, or board thereof or therein. In addition, the Lessor covenants to pay promptly any and all such taxes, judgments, service charges and fees relative to the premises which become due or payable to the City of Buffalo or any such agency, department, authority, or board during the term of the Lessee's contract with the City for the Program herein. Furthermore, the Lessor agrees that any and all moneys designated as rent in the lease or rental agreement may, upon written notice, be withheld and diverted by the Lessees to pay any and all taxes, judgments, services charges, or fees relative to the premises, overdue or owning more than ninety (90) days to the City of Buffalo or any of the aforesaid agencies, departments, authorities, or boards. Furthermore, the Subrecipient agrees to furnish the City with a copy of the executed lease, agreement, or modification of an existing lease or agreement, before any voucher for rental payment is submitted to the City for payment under this Agreement. Rental costs paid to the Subrecipient, its parent, subordinate or other related parties shall not be allowable unless supported by adequate cost allocation methods (e.g., costs allocated via square footage direct program usage plus any reasonably allocated common space). The cost allocation plan and supporting documents must be provided to the City of Buffalo Department of Community Services prior to claiming any such costs. 25. FEDERAL REQUIREMENTS A. The Subrecipient stipulates that no facility to be utilized in the performance of the Program is listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. B. The Subrecipient agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1875c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. The Subrecipient agrees that prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The Subrecipient agrees that no amount of the assistance provided under this Agreement will be utilized with respect to a facility that has given rise to a ESG Agreement Year 40 (912014) reement for Management, Implementation and Delivery of Services Page 16 conviction under Section 113 (c) (1) of the Clean Air Act of Section 309 (c) of the Federal Water Pollution Control Act. E. The Subrecipient agrees that it shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so- called "Anti - Kickback Act" of June 13, 1934 (48 Stat. 948.62 Stat. 862; Title 18, USC, Sec. 874 and Title 40 Sec. 276a) and any amendments or modifications thereof; shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto; and shall be responsible for the submission of statements required of subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. F. The Subrecipient agrees to comply, when applicable, with The Davis -Bacon Act and shall comply with the regulations of the Department of Labor pursuant to 29 CFR 3, 5, and 5A when necessary. G. The Subrecipient agrees to comply with the federal ESG regulations as contained in 24CFR part 576. H. The Subrecipient agrees to comply with all federal, state, and local laws, rules, and regulations prohibiting discrimination against any class or status of protected persons. 26, MATCHING FUNDS Each local government grantee, other than a territory, must match dollar -for- dollar the ESG funding provided by HUD with funds from other public or private sources. A grantee may comply with this requirement by providing matching funds itself, or through matching funds or voluntary efforts provided by any recipient or project sponsor. Matching funds must be provided after the date of the grant award to the grantee. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. The City or its designee shall compute the amount of the Subrecipient's matching funds as required pursuant to the provisions of 42 U.S.C. 11375. 27. USE OF RENOVATED FACILITIES The Subrecipient promises and agrees to comply with 24 CFR Part 576.53 relative to use as an emergency Solutions. Any building for which the emergency Solutions grant amount is used for renovation for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than a three -year period; or if the grant amounts are used for major rehabilitation or conversion of the building for not less than a ten year period. Any building for which the emergency Solutions grant amount is used for ESG Agreement Year 40 (9/2014) Agreement for Management, Implement and Delivery of Services Page 17 provision of essential services to the homeless, or payment of maintenance and operations expenses at the shelter must be maintained as a shelter for the period during which such assistance is provided. A substitute site may be used during this period so long as the same general population is served. It shall be the duty and obligation of the Subrecipient to locate and provide a substitute site or shelter to complete the balance of the required time as specified above should the need arise. The substitute site must serve the same general population originally served with grant funds. 28. HOMELESS PREVENTION ACTIVITIES In the event that the Subrecipient`s Scope of Services includes the development and/or implementation of a program to provide for prevention of homelessness, the Subrecipient must comply as follows: If funds under this Agreement are to be used to assist families that have received eviction notices or notices of termination of utility services, the following conditions must be met: The ability of the family to make the required payments must be the result of a sudden reduction in income; A. The assistance must be necessary to avoid eviction of the family or termination of services to the family; B. There must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and C.The assistance must not supplant funding for preexisting homeless prevention activities from any other sources. 29. HOMELESS DEFINITION As required under this contract, "homeless" shall be defined pursuant to 24 CFR 576.3 and 42 USC 11302, as an individual or family which lacks a fixed, regular, and adequate nighttime residence; or an individual or family which has a primary nighttime residence that is: 1. a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for persons with mental illness); 2. an institution that provides a temporary residence for individuals intended to be institutionalized; or 3. a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings. Note - the term does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State Law. 30. LEAD BASED PAINT HAZARD REDUCTION REQUIREMENTS The Subrecipient shall comply with all applicable requirements of Lead Based Paint Poisoning Prevention Act and the implementing regulations found at 24 CFR Part 35 and the Residential Lead -Based Paint Hazard Reduction Act, ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 18 31. 32. referred to as "Title X" and the implementing regulations found in the final rule released in September, 1999 and all amendments and revisions. A copy of the Lead Based Paint Requirements applicable to the Emergency Solutions Grant Program has been provided to the Subrecipient as part of the Emergency Solutions Grant Program Lead Based Paint Guidance. Additional information may be found at the web site for the Department of Housing and Urban Development at www.hud.gov /offices /lead/ and http://www.hud.gov/offices/cpd/homeless/. POLITICAL ACTIVITIES The Subrecipient agrees that neither the funds provided for the Program, nor the personnel employed in the administration of the Program, shall be in any way or to any extent engaged in the conduct of political activities in contravention of the Hatch Act (Chapter 15 of Title 5, United States Code). PROHIBITION AGAINST RELIGIOUS ACTIVITIES A. The Subrecipient agrees that none of the funds provided for the Program shall be used to support or engage in religious or sectarian activity, or any other ineligible activity. B. The Subrecipient represents that if it is, or may be deemed to be, a religious or denomination institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denomination institution or organization that it agrees that with regard to public services provided for in whole or in part with funds provided for under this Agreement that: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion, 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; ESG Agreement Year 40 (9/2014) reement for Management, Implementation and Delivery of Services Page 19 5. The funds received under this Agreement shall not be used to construct, rehabilitate or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; Provided that minor repairs may be made if such repairs (1) are directly related to the public services, (2) are located in a structure used exclusively for non - religious purposes; (3) constitute in dollar terms only a minor portion of the expenditure of the funds for the public services; and (4) are specifically authorized under this Agreement. 33. EMPLOYMENT BY SUBRECIPIENT All personnel of the Subrecipient shall be within the employment of the Subrecipient only, which alone shall be responsible for their work, the direction thereof and their compensation. Nothing in this Agreement shall impose any liability or duty on the City of Buffalo, for the acts, omissions, liabilities, or obligation of the Subrecipient. 34. HOLD HARMLESS PROVISION The Subrecipient shall defend, indemnify and save harmless the City of Buffalo, their 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 any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Subrecipient, its employees, agents or subcontractors, in the .performance of any work under this Agreement. The insurance coverage described below must include language that states that the insurance carrier will defend the City for any and all claims resulting from this Agreement. Furthermore, the whole, or so much of the money to become due under this Agreement 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. 35. INSURANCE REQUIREMENTS Initial) , the Subrecipient shall provide proof of the following insurance through production of certificates of insurance in a form approved by the City of Buffalo Corporation Counsel as to the following. A. Insurance TypelDescription 1, Workers' Compensation and Employer's Liability Insurance - covering the Subrecipient as named insured for his liability under the law. The Subrecipient shall provide Workers' ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 20 Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 2. Comprehensive Bodily Injury and Property Damage Liability insurance, naming the City Of Buffalo as an additional insured with the following limits. a. General Aggregate $2,000,000 b. Products- Completed Operations Aggregate Limit $1,000,000 c. Personal and Advertising Injury Limit $1,000,000 d. Each Occurrence Limit $1,000.000 B. Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled by the Subrecipient or insurance company without thirty (30) days written notice to The City of its intention to cancel. C. Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York, covering operations under this Agreement. D. The Subrecipient shall supply a certificate of insurance that names the City of Buffalo as a named insured. The address for transmittal shall be City of Buffalo Department of Community Services, 65 Niagara Square 1701 City Hall, Buffalo NY 14202. Coverage provided by a provision in the Subrecipient's policy to the City under an "insured contract" or similar provision shall not be acceptable. The City must be delineated as a separate insured on each policy by a separate endorsement. E. Within thirty (3O) days of the execution of this Agreement Subrecipient shall supply copies of the declaration pages, insurance policies and all other necessary proof as required by the City that the coverage required by the City under this Agreement is in effect. F. Fidelity Bond - The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase fidelity insurance covering all employees in an amount as directed by the City. If directed by the Grantee, the Subrecipient shall further maintain a performance bond to secure fulfillment of all the Subrecipient's obligations under the Agreement, up to the amount of Subrecipient's administration allocation or other protections to insure performance as determined by the Grantee in its sole discretion. The Grantee will provide reasonable written notice to the subrecipient of any such additional assurances. 36. AGREEMENT TAKES PRECEDENCE ESG Agreement Year 40 (9/2014) Agreement for Management, Implementation and Delivery of Services Page 21 In the event of any conflict or ambiguity between the general provisions of this Agreement and the special provisions of the Exhibits, the general provisions of the Agreement shall take precedence. 37. TRANSFER OF ASSETS The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any ESG funds on hand at the time of expiration or termination along with any accounts receivable attributable to the use of ESG funds. Moreover the Subrecipient agrees that any real property under the control of the Subrecipient which was acquired or improved in whole or in part with ESG funds in excess of $25,000.00 shall be disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non -ESG funds for either acquisition or improvement of the property. 38. REPORTING AND PAYMENT PROCEUDRES A. Indirect Costs — If indirect costs are charged under this Agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City. B. Payment Procedures -- The City will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent and limited by any approved budget, Federal regulations and the City policy concerning payments (see Exhibit G). Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the City in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the City reserves the right to the extent allowable to liquidate funds available under this contract for costs incurred by the City on behalf of the Subrecipient. C. Progress Reports — The Subrecipient shall submit regular Progress Reports to the City in the form, content, and frequency as required by the City. If the Subrecipient fails to submit such reports, all fund payments may be suspended under this Agreement. 39. PROCUREMENT A. Compliance — The Subrecipient shall comply with the City's current policy concerning the purchase of equipment and shall maintain inventory records of all nonexperidable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement. B. OMB Standards — Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 22 the requirements of CFR 85.36 and OMB Circular A -87. C. Travel — The Subrecipient shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this Agreement. 40. AUDIT REQUIREMENTS (Revised 6103) The Office of Management and Budget (OMB) has issued a new Circular A -133, effective for audits of fiscal years beginning after June 30, 1996, which changes certain audit requirements related to single audits. One of the major provisions of the new rules raises the threshold to $300,000 ($500,000 for fiscal years ending after December 31, 2003) of Federal awards expended for when a single audit is required. This change could have a major impact on how your organization will comply with this new Circular. Under the new rules, you will not be required to submit a single audit to the City unless the Federal awards expended for your fiscal year are $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more. The rules depending on your Federal funding level are as follows: Organizations with less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards expended: If your Federal awards expended are less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) for your fiscal year, no single audit is required to be submitted to this office. Furthermore, the City cannot reimburse you for any single audit costs under these conditions. Any limited scope audits of your contracts that are deemed necessary will be initiated and paid for by the City. Organizations with $300,000 000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards expended: If your Federal awards expended are $300,000 ($500, 000 for fiscal years ending after December 31, 2003) or more for your fiscal year, you must submit a single audit to the City of Buffalo Department of Audit and Control in accordance with the new Circular A -933. A portion of the audit cost will be paid as it was previously. The accounting firm performing your single audit should have a copy of the new regulations and be familiar with them. Please note that the audit should contain a Statement of Program Costs and Budget Amounts for any ESG contracts covered under the audit period. Any questioned costs should also be noted in this schedule. The Remainder Of This Page Is Left Intentionally Blank ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 23 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their name and behalf by the below authorized individuals /representatives as of the first day above written. FOR THE SUBRECIPIENT ISMA Signature of Vice Chair (Print) Name & Title APPROVED AS TO FORM ONLY BURR General Counsel DATE: The Remainder Of This Page Is Left Intentionally Blank Date ESG Agreement Year 40 (912014) Agreement for Management, Implementation and Delivery of Services Page 24 FOR THE CITY OF BUFFALO) 1. APPROVED AS TO FORM ONLY M . City of Buffalo Corporation Counsel DATE: 2. CITY OF BUFFALO AUTHORIZED REPRESENTATIVE DATE: (Space Below reserved for Authorized Stamp of the City of Buffalo Department of Audit and Control) EXHIBITS: A. Program Scope of Work B. Program Budget . C. Conflict of Interest Disclosure D. Statement of Compliance with Section 3 E. Suspension and Debarment Certification F. Subrecipient Audit Corrective Action Plan G. ESG Subrecipient Requirements H. ESG Quarterly Report Forms ESG Agreement Year 40 (9/2014) Agreement for Management, Implementation and Delivery of Services Page 25 STATE OF NEW YORK COUNTY OF ERIE } S.S. CITY OF BUFFALO } On the day of in the year 2014, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his/her /their capacity(ies), and that by his/her/their signature(s) on the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /Commissioner of Deeds STATE OF NEW YORK } COUNTY OF ERIE ) S.S. CITY OF BUFFALO ) On the day of , in the year 2014, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public/Commissioner of Deeds ESG Agreement Year 40 (912014) EXHIBIT A SCOPE OF SERVICES The Subrecipient will provide the following Scope of Services pursuant to the terms of this Agreement and as directed by the City of Buffalo: For Fiscal Year 40 and Previous Fiscal Years: 1. The Subrecipient shall monitor the requisitions for reimbursement, reconciliations for HUD Integrated Disbursement and Information System (ID1S) and any other related accounts related to the Emergency Solutions Grant (ESG); 2. The Subrecipient will review requisitions submitted by ESG program participants and/or other ESG subrecipients for HUD eligibility determination; For All Fiscal Years: 3. The Subrecipient will prepare any ESG related materials for the City of Buffalo Consolidated Plan and Annual Action Plans; 4. The Subrecipient will prepare HUD required quarterly reports and any other ESG reports as required by HUD; 5. The Subrecipient will provide any other assistance to the City of Buffalo for prior year, current or future ESG related activities at the request of the City of Buffalo and that the Subrecipient is reasonably able to provide. EXHIBIT A EXHIBIT B Program Personnel Indirect Personnel Fringe Benefits Maintenance & Security Capital Outlay. . Utilities Administrative Overhead Utility and Rental Payments Subcontract: Homeless Alliance of WNY Total Budgeted Costs: PROGRAM BUDGET $18,962.45 $15,283.54 $7,300.00 $20,000.00 $61,545-99 EXHIBIT 13 EXHIBIT C Conflict of Interest Disclosure The Subrecipient represents that none of its employees, officers, compensated members, contractors or consultants are, or for the duration of this agreement will be, employees of the City of Buffalo nor are their family members or business relationships employees of the City of Buffalo nor will their employees, officers, compensated members, contractors or consultants obtain a financial interest either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter. The Subrecipient must formally disclose all potential Conflicts of Interest to the City of Buffalo. Disclosure: Are you, or are you related to (by blood, marriage, act of law, or business relationship) any person who is an employee of the City of Buffalo, the Municipal Housing Authority (BMHA), Board of Education, Sewer Authority or any other entity funded by the Emergency Solutions Grant? YES NO If yes, a full disclosure must be forwarded on official letterhead to the City of Buffalo. The notice must include: Name: Job Title or Position: Disclosure must include: 1. Name of Relation 2. Department 3. Position 4. Relationship The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to disclose all potential conflicts of Interest. Vice Chair Signature Date EXHIBIT C EXHIBIT D STATEMENT OF COMPLIANCE WITH SECTION 3, HOUSING AND URBAN DEVELOPMENT ACT OF 1968 SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES This Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, the HUD regulations issued pursuant thereto at 14 CFR, Part 135, any applicable rules and orders of HUD issued thereunder prior to the execution of this contract. The Section 3 clause, set forth in 24 CFR, 135.20(b) provides: The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The Subrecipient agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Subrecipient will not subcontract with any subcontractor where the Subrecipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the EXHIBIT D regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extend feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The Subrecipient agrees to abide by the Section 3 clause set forth above and the City of Buffalo Section 3 requirements and will also cause this Section 3 clause to be inserted in any subcontracts entered into with third parties for work covered by this Agreement. The Subrecipient: Title: Vice Chair President Date: EXHIBIT D EXHIBIT E City of Buffalo Certification of Assurance of Compliance Regarding Suspension and Debarment In accordance with the common rule implementing Executive Orders 12549 and 12689, the implementing rules and regulations thereof, a Certification of Compliance with the Suspension and Debarment rule is required of bidders or prospective contractors receiving a contract or award. Receipt of such certification shall be a prerequisite to the award of contract and payment thereof. Certification of Subrecipient 1 (We) am an authorized representative and hereby certify that our firm, as producer of the goods and /or services to be purchased, has complied with all applicable requirements of the Suspension and Debarment rule. Name: Title: Board President Firm Name: Signature: Verification by Project Manager Date: On the federal website was checked to ensure the above - referenced vendor does not appear on the list of parties that are debarred, suspended or otherwise excluded from a ineligible for participation in federal assistance programs or activities. Signature: Print or Type Name: Date: EXHIBIT E EXHIBIT F Subrecipient Audit Corrective Action Plan OBJECTIVE The objective of this plan is to assure compliance by the Subrecipient with the organization -wide financial audit requirements, as set forth in OMB Circular A- 133, as amended 2003. II. AUDIT NOTIFICATION PROCEDURES This Subrecipient agreement includes a requirement for compliance with OMB Circular A -133. The City of Buffalo (the City) shall notify the Subrecipient of an organization -wide audit requirement on an annual basis through this exhibit to the annual Agreement with the Subrecipient. Additional updates to OMB Circular A -133 may also be obtained by accessing the Office of Management and Budget's website at www.whitehouse.gov /omb /circulars /index The Subrecipient will acknowledge this requirement by signing off on this exhibit. III. RESPONSIBILITIES OF THE SUBRECIPIENT The Subrecipient shall use its own procedures to arrange for an independent audit of its financial statements in accordance with generally accepted government auditing standards. The purpose and scope of the audit shall be to a. Give an independent opinion of the financial position. b. Detect material fraud or misrepresentation. c. Review internal control procedures. d. Determine compliance with OMB Circular A -133 and additional HUD guidelines. e. Aid the Subrecipient. The preparation of an independent audit shall be undertaken within thirty (30) days of the close of the fiscal year, and shall be completed within 120 days. The audit should contain a statement indicating compliance with OMB Circular A-1 33. Two copies of the audited financial statements shall be transmitted to the Office of Strategic Planning within thirty (30) of the audit completion days. A copy shall be retained by the City Of Buffalo Office of Strategic Planning and a copy sent to the City of Buffalo Department of Audit and Control. IV. AGENCY REVIEW AND SUBRECIPIENT COMPLIANCE The City shall review audits for compliance with OMB Circular A -133. Findings of noncompliance in the audited financial statement of the Subrecipient will be resolved in the following manner: a. The City will notify the Subrecipient by letter that it has six (6) months to correct the findings, starting from the date of the letter of notification. Proof of EXHIBIT G compliance must be provided by the Subrecipient in writing within the six (6) month period. b. if a finding cannot be resolved within six months, the Subrecipient will request an extension of time to comply, indicate the anticipated time of completion and describe the plan of action for achieving compliance. c. The City will review the extension request and advise the Subrecipient accordingly. In cases of noncompliance or unwillingness of the Subrecipient to cooperate, the City Of Buffalo may take any of the following actions: a. A warning letter from the Executive Director of the City of Buffalo Office of Strategic Planning may be sent to the Subrecipient expressing concern about noncompliance, reiterating those actions which could be taken against the Subrecipient for failing to comply. The letter will contain an immediate deadline for compliance and may require an interview with appropriate City staff. A follow -up meeting could be held with representatives from the Subrecipient and the City to determine the most feasible means.of resolving the problem. b. If the Subrecipient should fail to respond to the warning letter in a satisfactory manner, the City may not honor the Subrecipient's cost reimbursement requests for payment. Continued noncompliance could cause any of the following actions to occur: a. Suspension from the program. b. A demand for the remittance of unexpended funds and payments previously received as determined by the County to be due. c. Exclusion from future participation in the Emergency Solutions Grant Program. V. MONITORING OF THE SUBRECIPIENT The Subrecipient shall be monitored during scheduled visit to assure that all outstanding audit findings are resolved. Additionally, one phase of the site monitoring. visit shall focus on whether the management system reviewed by the auditors is still being used. The Subrecipient acknowledges receipt of this policy and verifies that the Subrecipient will comply with OMB Circular A -133 and the requirements disclosed above. (Signature of Vice Chair President) (Date) (Print or Type Representative Name) (Date) EXHIBIT G s ESG SUBRECIPIENT REQUIREMENTS The enclosed guidelines provide general information about the operation of your Emergency Solutions Grant (ESG) contract with the City of Buffalo. These guidelines are not meant to be all- inclusive. For greater detail, please refer to your grant contract and to the ESG program regulations and to OMB Circulars A -122 and A -11 D. General Information for Agencies Prior to submitting costs for reimbursement, a contract must be created, signed and approved by the City of Buffalo. Review and reimbursement of costs submitted under the ESG contract is assigned to the City's Department of Community Services. In order to process claims, the Department of Community Services requires the completion of a subrecipient check -in package which provides basic information about the recipient and its accounting system. The ESG grant provided is to be primarily on a reimbursement basis. This means that costs must be incurred and paid prior to submission for reimbursement by the City. The City has established standard forms to be used to claim costs for reimbursement. See separate Requisition Guidelines enclosed with this package. It is required that agencies complete requisitions at least monthly but not more than on a bi- weekly basis. Special Advances - Upon the request of subrecipient personnel, the City may consider a request for a special advance. The subrecipient must provide a letter to the City, which summarizes the cost categories and amounts to be reimbursed. A requisition supporting the amount received must be submitted within 5 working days of receipt of a special advance. Budgeted Costs - Costs incurred must be included in the approved budget as contained in the signed contract. Unallowable Costs - A list of general unallowable costs has been attached for your information. All personnel authorized to expend ESG funds must review this listing. These costs, if incurred by an agency, will not be reimbursed. Invoice Support — Copies of invoices /receipts will be required for all reimbursements of expenses. Only detailed invoices or receipts will be accepted as proof of costs claimed. Purchase orders, order forms, memos, summary statements, freight slips, etc. do not independently constitute support and will not be accepted without detailed invoices or receipts. EXHIBIT G Fixed Asset Purchases — Fixed asset purchases must be budgeted in the contract budget in order to be reimbursed. Segregate the cost of the asset in Class 6 from any supplies purchased at the same time (which should be claimed under Class 5). Each asset should be claimed on a separate line in the cost summary and a "Capital Outlay Addition Form" should be prepared and attached to the claim (see form attached). A copy of this form should be retained for your inventory records. Fixed Asset Records - Fixed assets records are to be maintained at each agency location for all items of a capital nature purchased with ESG funds (in whole or part, current, past and future contracts). As part of the check -in procedures for the ESG grant, the City will require that you provide a listing of ESG fixed assets. Periodically, the City of Buffalo will require that you take a physical inventory of these assets. At least every two years, City personnel will perform an on -site monitoring visit to review the assets and assess their condition. Fixed Asset Disposals — Fixed assets that were purchased with grant funds are to be maintained in good condition and used in the program in future periods. It is the Subrecipient's responsibility to provide adequate security for assets to prevent theft or breakage. When assets become worn or are replaced, or are otherwise out of service, a "Capital Asset Disposition Form" (see form attached) should be prepared and forwarded to the City. The purpose of this form is to obtain City permission for the disposal of any asset. Designated City personnel will want to inspect the asset prior to disposition. Any proceeds from the sale of a fixed asset purchased with grant funds may, with the City's prior approval, be used for grant activities. Property Management Standards (per Federal Register, Office of Management and budget Circular A -102) 1. The grantee's property management standard for nonexpendable personal property shall include the following procedural requirements. (a) A description of the property. (b) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (c) Source of the property including grant or other agreement. (d) Whether title vests in the grantee or the Federal Government. (e) Acquisition date (or date received, if the property was furnished by the Federal Government) and cost. (f) Percentage (at the end of the budget year) of Federal participation in the cost the project or program for which the property was acquired. (Not applicable to property furnished by the Federal Government.) EXHIBIT G (g) Location, use and condition of the property and the date the information was reported. (h) Unit acquisition cost. (i) Ultimate disposition date, including date of disposal and sales price or the method used to determine current fair market value where a grantee compensates the Federal agency for its share. 2. Property owned by the Federal Government must be marked to indicate Federal ownership. 3. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the _accounting records shall be investigated to determine the causes of the difference. The grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. 4. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented; if the property was owned by the Federal Government, the grantee shall promptly notify the Federal agency. 1. Adequate maintenance procedures shall be implemented to keep the property in good condition. 2. Where the grantee is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return. General Requirements 1) The City must receive an executed contract and check -in package before any advances or reimbursements can be processed. 2) Any special advances issued must be closed out within one week of receipt of the funds. A special advance can be obtained through a written request specifying the amounts to be paid, by class of expense, and signed by the Board President. 3) All requests for reimbursement must be submitted on City approved forms. The requisition summary should be submitted on the two -part "Requisition for Funds" (RFF) form. Complete the information at the top of the form, lines (A) & (B) of the expense section, and all of the information under the "certification" heading. Only the chairperson or his/her written designee can sign the request. 4) Costs claimed for reimbursement should be detailed on the claim forms that are EXHIBIT G separate for each class of expense. These class sheets require details such as the check number, date of check, payee, check amount and the amount being claimed under the ESG program. A short description of the expense and other details may be required. 5) Do not claim mixed expenses on the same form — claim each expense separately on the proper class form. (For example, Class 4 supplies should be segregated from Class 6 capital outlays even if they were purchased on one invoice, if necessary makes a copy of the invoice to submit costs in two different classes). 6) Copies of bills invoices and timesheets must be submitted for all costs claimed. Copies can only be accepted when the ESG reimbursement is less than 50% of the total bill. 7) All documentation for expenses claimed should be batched by class, in the order shown on the claim form, to facilitate the City review. 8) Any expenses submitted must have already been paid as evidenced by the check number noted on the claim form. 9) Costs in excess of the class limits will be disallowed. If you require a contract change, contact your program monitor for written approval before requesting any additional funds in that class of expenses. General Rules for AllowablelUnallowable Costs 1} Expenses can only be reimbursed up to the current budget line amount in your contract or latest budget revision. 2) Sales tax, late fees, and interest charges are not reimbursable items. 3) Invoices or receipts must support all costs submitted for reimbursement. Purchase orders, memorandum, order forms, freight/delivery forms, packing slips and summary vendor statements or credit card statements do not separately constitute support and will not be accepted without detailed invoices or receipts. Any cost not properly supported will be disallowed. Specific Unallowable Costs - Please note that this list is not intended to be all - inclusive. Please refer to OMB Circular A -87 and the ESG regulations for a complete listing of unallowable costs. 1) Bad Debts - Any losses arising from uncollectible accounts and other claims, and related costs, are unallowable. 2) Contingencies - Contributions to a contingency reserve or any similar provision for unforeseen events are unallowable. 3) Contributions and Donations - Unallowable. EXHIBIT G 4) Entertainment - Cost of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodging, rentals, transportation and gratuities, are unallowable. 5) Fines and Penalties - Costs resulting from violations of or failure to comply with Federal, State, and local laws and regulations are unallowable. 6) Audit Fees — To the extent that an audit is required by the Single Audit Act 7) Interest and other Financial Costs - Interest on borrowings, however represented are unallowable. 8) Unsubstantiated Costs - Unallowable. DOCUMENTATION REQUIREMENTS Class 'I — Personnel Services 1) Employee certifications must be on file in the City of Buffalo Department of Community Services before payroll can be reimbursed. 2) Payroll reimbursement is calculated on the basis of gross payroll plus employer's FICA. 3) Copies of timesheets signed by the employee and approved by the program director or board member must be submitted along with a copy of the payroll journal. The payroll period must be noted on the time sheets and correspond to the payroll register /journal submitted. If time sheets are not signed and approved, and do not show the period covered, the costs will be disallowed. 4) Employees must also sign in and out on a daily basis. The sign in sheets must be approved as evidenced by the signature of appropriate supervisory personnel. 5) If an established outside payroll service is used, and unemployment is paid each pay period and shown on the payroll register, unemployment insurance expense may be claimed each pay period. If such a payroll service is not used, NYS unemployment insurance costs should be submitted as of the end of the calendar quarter to which they apply, and must be accompanied by a copy of the quarter's federal 941 form and state WT -413 form showing that the amount was paid Class 2 — Utilities 1) A copy of the entire bill must be submitted for all utilities (except for the payment stub). Only the current portion of the bill will be reimbursed. Past due amounts shown will not be reimbursed unless the applicable prior bill is also included. Penalties and interest are not reimbursable. EXHIBIT G Class 3 — Travel & Transportation 1) The Subrecipient shall adopt a travel policy that at a minimum meets the requirements of the current City of Buffalo travel policy as determined by the City of Buffalo Corporation Counsel. The Subrecipient shall obtain written approval from the Executive Director of Strategic Planning for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose of program administration and costs must be reasonable. Class 4 — Materials & Supplies Competitively Bid Or Procured Through Price Agreement 1) All bills must be itemized and types of costs must have been approved within the scope of the budget for your contract. 2) Groups of same items, must have be competitivly bids or be procured using an approved price agreement Once approved, the items purchased and prices paid should be equal to or less than the approved bid. Class 5 —ether Services 1) Reserved. 2) An approved fourth party contract must be on file for any independent contractor services. 3) Reserved. 4) In order to claim insurance costs, costs must be supported by an invoice that identifies the type of insurance, the policy period covered and the total premium amount. If the policy period does not agree with the contract period, or if costs are allocated between funding sources, provide a schedule showing how the costs are to be pro rated and/or allocated over the term of the policy and the grant period. Costs related to periods outside the grant period cannot be reimbursed. If partial payments are used to pay insurance, the schedule discussed in the prior paragraph should be submitted with each request for reimbursement and should show the individual payments made to date and the amount remaining to be paid. Class 6 Capital Outlay 1} All non - expendable items in excess of $5,000.00 are considered capital outlays. 2) Costs to place an asset in service should be included as part of the cost reported in capital outlay. Costs such as freight, installation, accessories such as cords for computers or printers are necessary to obtain and make the asset work and should be included as capital outlay. EXHIBIT G 3) These items require three bids and approval through your program monitor. Once approved, the items purchased and prices paid should be equal to or less than the approved bid. 4) Any related supplies which were purchased at the same time and whose costs show on the same invoice should be separately reported as Class 4 expenses. For example, computer disks bought at the same time you purchased a computer should not be claimed as Capital Outlay costs but should be claimed as Supplies, Class 4. Attach the original invoice to Class 6 and a photocopy to Class 4. 5) Each capital asset purchased should be claimed on a separate line in the Class 6 Expenditure Summary by Class form. For each capital asset purchased, prepare a "Capital Outlay Addition Form" and attached it to the class summary sheet (see form attached). A copy of this form should be retained for your inventory records. Note: The requirements stated above are not meant to be all- inclusive. There are many circumstances that may require further clarification, If you have any questions concerning an item, it is best to contact the City of Buffalo Department of Community Services before you submit it for reimbursement. Please contact the following individual with any questions: Contact: City of Buffalo Department of Community Services, Phone Number: (716) 851 - 4026. The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to comply with the ESG Subrecipient Requirements. Board President's Signature Date EXHIBIT G ADDENDUM TO AGREEMENT The parties agree that the following terms and provisions shall be incorporated into the Agreement as if fully stated therein: 1, From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finarice, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. 2. If additional requirements not in effect at the time of execution of this Agreement are subsequently required by the City in order to process requests for reimbursements and/or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change, the requirements in effect at the time of the execution of this Agreement, or which were later amended through notice to the Subrecipient pursuant to this provision, shall be followed by the parties. IN WITNESS WHEREOF, the parties have duly executed this addendum on the date first written above. CITY OF BUFFALO M b IC APPROVED AS TO FORM Byron W. Brown Timothy A. Ball Mayor Corporation Counsel CITY OF BUFFALO URBAN RENEWAL AGENCY APPROVED AS TO FORM BY: BY: Brendan R. Mehaffy Scott C. Billman, Esq, Vice Chair General Counsel Agreement for Management, Implementation and Delivery of Services Page 1 Agreement with the City of Buffalo for the Management, Implementation and Delivery of Services through the HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM (Funding from the United States Department of Housing and Urban Development) for Program Year 2014 -2015 THIS AGREEMENT is made effective as of the day of _March, 2014 by and between the CITY OF BUFFALO (hereinafter referred to as "City ") a municipal body corporate and politic created and existing under the laws of the State of New York, having its offices at 65 Niagara Square, City Hall, Buffalo, New York 14202, and the City of Buffalo Urban Renewal Agency, a public benefit corporation, organized and existing pursuant to the laws of the State of New York having its principal office at 65 Niagara Square, City Hall, Room 920 Buffalo, New York 14202 (hereinafter referred to as the "Subrecipient "). WHEREAS, the City of Buffalo administers directly or through subrecipients a federal grant provided by the United States Department of Housing and Urban Development (hereinafter to as "HUD ") pursuant to the AIDS Housing Opportunity Act PL 101 -624 (42 U.S.C. 12902) (hereinafter referred to as "the Act ") recognized the need to provide housing assistance and supportive services for low- income persons with HIV /AIDS and their families and to appropriate funds to implement the Housing Opportunities for Persons With AIDS Program and where HUD Regulations pertaining to the Act where promulgated and published in 24CFR 574 et al (hereinafter referred to as the "Regulations "); and WHEREAS, the City has received funds under the Act and Regulations in the form of a grant, for supporting various community level programs to meet those needs; and WHEREAS, the Subrecipient has proposed to provide HOPWA program management and administration services to the City (hereinafter referred to as the "Program ") which the City has approved by adoption by with funding to be provided under Housing Opportunities for Persons With AIDS ( HOPWA) funds.; and WHEREAS, the parties hereto wish to agree upon the terms and conditions for the management, and delivery of services for the Subrecipient's implementation of the Program, and NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set forth herein, the parties hereby agree as follows: HOPWA /BURA 2014 Agreement for Management, Implementation and Delivery of Services Page 2 1. PROGRAM DESCRIPTION AND SCOPE OF WORK. The Subrecipient agrees to provide administration and management services for HOPWA Program (s) (the Program) as directed by the City. The Program will be carried out in strict compliance with all HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ( HOPWA) statutory and regulatory requirements, and all other applicable federal, state and local laws and regulations, and the general conditions attached herein. The Program Scope of Services shall be that set forth in the Program Scope of Services attached hereto as Exhibit A. 2. TERM OF AGREEMENT The parties agree this Program shall begin as of October 1, 2014 and expire on September 30, 2015, unless such dates are changed in accordance with the provisions of this Agreement. The provisions of this Agreement herein shall be extended to cover any additional time period during which the Subrecipient remains in control of HOPWA funds or other HOPWA assets, including program income, if applicable. The term of this agreement and the provisions herein may be mutually extended by the parties to cover any additional time period during which the Subrecipient is responsible for reporting or compliance measures or remains in control of HOPWA funds or other assets, including program income. The Subrecipient understands that at the conclusion of the contract term unused funds will be reprogrammed by the City for other grant purposes. 3. AMOUNT OF FUNDING AND PAYMENT FOR PROGRAM SERVICES The City agrees to pay allowable Program costs of the Subrecipient in an amount not to exceed the Budget attached hereto as Exhibit B. and made a part of this Agreement and attached as Exhibit B, provided that the Subrecipient submits and maintains all fiscal records and documentation in accordance with fiscal procedures, as established from time to time by the City, and fiscal procedures and requirements applicable under the Act and Regulations, effecting in a timely manner any changes required by the City, the Act or the Regulations. The parties will cause an amendment to this subrecipient agreement to be executed on or before September 30, 2015 that provides the 2015 -2016 allowable Program Costs to be paid to the Subrecipient for performance of the Scope of Services as detailed in Exhibit A. 4. DEFAULT BY THE SUBRECIPIENT Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, including but not HOPWA IBURA 2014 reement for Management, Implementation and Delivery of Services Page 3 limited to the Program Scope of Services as stated in Exhibit A, by the Subrecipient or any successor to the Subrecipient, the City has the unilateral right to immediately terminate this Agreement with a full reservation of all other rights, or the City may in its sole discretion allow the Subrecipient the opportunity to cure within the parameters that follow. The Subrecipient (or its successor) shall, upon written notice from the City, proceed immediately to cure or remedy such default or breach, within thirty (35) days after receipt of such notice. In case such action is not taken or not diligently pursued in the City's sole determination, or the default or breach shall not be cured or remedied within said time, the City may institute such actions or proceedings as may be necessary or desirable in its discretion to cure or remedy such default or breach; and/or may exercise its rights or remedies pursuant to the other terms and provisions of this Agreement, including termination of this Agreement and recovery of disbursed funds under this agreement. 5, SUSPENSION OF AGREEMENT To the fullest extent permitted by law, and not inconsistent with 24 CFR 85.43, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4, above reserves the right to suspend any and all operations of the Program for a period not to exceed seven (7) days for any reason, upon twenty -four (24) hours written notice to the Subrecipient specifying the reasons therefore. In the event that such notice of suspension is served, the Subrecipient shall be entitled to a reasonable opportunity, within the twenty -four (24) hour period preceding suspension, to discuss the reasons therefore directly with the Executive Director of the Mayor's office of Strategic Planning or his designee (hereinafter "Executive Director "). The decision to impose any or all suspensions shall be within the sole discretion of the City through the Executive Director or his designee. The Subrecipient agrees not to make any claim, or cause or allow any claim to be made, for or on behalf of any employee, organization, or other person, for salaries or other Program expenses, other than rent, utilities and the like, during any period or periods of time in which Program operations.are suspended under this provision. In the event of suspension, the City may, subject to the limitations of 24 CFR 85.43, may withhold any and all further payment(s) under this Agreement. In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; or b. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; or c. Ineffective or improper use of funds provided under this Agreement; or HOPWA IBURA 2014 reement for Management, Implementation and Delivery of Services Page 4 d. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. 6. TERMINATION OF AGREEMENT To the fullest extent permitted by law and subject to 24 CFR 85.44, or any other applicable law or governing regulation, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4 and 5, above, may, at any time during the term of this Agreement or any extension thereof, terminate this Agreement without cause or for cause in the event the terms and conditions hereof are not fully complied with by the Subrecipient, by giving the Subrecipient seven (7) days notice in writing of its intention to terminate for that reason. 7. AMENDMENT OF AGREEMENT The consent to amend or modify this Agreement or the Subrecipient's Program is in the sole discretion of the City. Requests for amendment or modification of this Agreement or Subrecipient's Program shall be made in writing to the Executive Director or his designee specifying the changes sought and the reasons therefore. Should the Executive Director consent to modification or amendment of this Agreement or Subrecipient's Program, the written amendment or modification will be executed by the Subrecipient and the City. The consent to amend or modify this Agreement or Subrecipient's Program is in the sole discretion of the City. Requests for modification across budget class items or to add budget cost categories should be submitted in writing to Executive Director. Such modifications will result in no change in the total amount of funding or any other terms of this Agreement. The Executive Director, on behalf of the City, shall decide in his/her sole discretion whether such modifications will be allowed based on regulatory and budgetary requirements. In addition, the parties may agree to extend the term of this agreement for an additional one (1) year term to include the 2415 -2016 Program Year. Any extension under this section is subject to any and all approvals required by the CitV of Buffalo. 8. MONITORING OF AGREEMENT The City and /or its designated agents will monitor the Subrecipient's Program. Such monitoring may consist of but will not be limited to on -site inspections of Program reports, documents, records and activities at any time with or without prior notice and inspection of program financial records and books upon twenty - four (24) hours advance notice. The City will monitor the performance of the Subrecipient against goals and performance standards as stated in this Agreement. Substandard performance IUNUIIVERAe1�L'7iEI►. �7�L: Agreement for Management, Implementation and Delivery of Services Page 5 as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, but said period shall not exceed thirty (30) days after notification, unless the period is extended in writing by the City, the Agreement may be suspended or terminated. 9. LIMITATION OF LIABILITY The City does not assume and shall not be held liable for any costs, debts, or liabilities incurred by the Subrecipient or any officer, agent or employee of the Subrecipient, incurred beyond the scope of this Agreement, and the Subrecipient agrees to hold the City of Buffalo harmless from any such cost, debt or liability arising out of the Subrecipient's activities related to this Agreement. 10. LIMITATION OF CLAIMS The City will pay no invoices or claims for costs and expenses incurred after the date of termination of this agreement or expiration of any extension thereof. The Subrecipient agrees to submit any and all invoices and claims for costs and expenses for the operation of the Program within thirty (30) days after the date of termination of this Agreement, or any extension thereof, or under any termination provision of this Agreement. In the event of termination, the City will pay for all properly incurred expenses and costs of the Subrecipient up to and including the date of termination of this Agreement. The City will not pay any invoices and claims for costs and expenses received more than thirty (30) days after the date of termination of this Agreement, or any extension thereof. 11. AVAILABILITY OF FUNDS The Subrecipient acknowledges that this funding is provided based upon the City's determination that the Program funded under this Agreement are eligible activities pursuant to the Regulations, including but not limited to 24 CFR 574.300 (eligible activities). The Subrecipient further acknowledges that the cessation of eligible activities or the failure to commence them within the term of this Agreement established in Section 2 above shall be an event of default of this Agreement. The obligations of the City to the Subrecipient under this Agreement shall be limited to, and subject to the allocation of funds under the grant made available to the City by HUD from time to time during the term of this agreement, and the City's allocation of said funds pursuant to all applicable laws and regulations and the City's exercise of discretion regarding the allocation of said funds. It is hereby mutually and agreed that this Agreement shall not become effective and shall not be binding or of any force unless and until the City of Buffalo Department of Audit and Control shall certify that there remains unexpended and unapplied a balance of the appropriation or funds applicable to HOPWA /BURA 2014 Agreement for Management, Implementation and Delivery of Services Page 6 this Agreement sufficient to pay the expenses of the Program described in this Agreement, as they appear herein. 12. MAINTENANCE OF RECORDS AND SUBMISSION OF REPORTS The Subrecipient shall maintain and provide in an orderly and timely manner, as directed by the City, an original and two copies of any and all reports, documents and records of Program operations, procedures and participant characteristics, mandated by any and all federal, state, local or departmental statues, rules, regulations, laws, or ordinances in effect, promulgated or enacted during the term of this Agreement or any extension thereof. Such reports, documents and records shall be considered the property of the City and shall be maintained in an orderly manner by the Subrecipient for a period of -six years beyond any termination date of this agreement, or any extension thereof, without cost to the City. The City in its sole discretion may direct the immediate delivery of any and all such reports, documents and records in an orderly manner to the City, upon termination of this Agreement or any extension thereof, for any reason. The Subrecipient agrees to comply with a direction for orderly delivery of any and all such reports, documents and records within seventy -two (72) hours, or forfeit any unpaid claim which the Subrecipient, or any officer, agent, or employee of the Subrecipient, may have against the City for unpaid wages, salaries, fringe benefits, or any other cost disbursement, fee, or debt rising from the operation or termination of this Agreement. The Subrecipient agrees and stipulates to conduct its Program in strict accordance with the requirements and procedures of the Office of Strategic Planning and shall maintain all records required by the Federal Regulations specified in 24 CFR 574, pertinent to the activities to be funded under this Agreement. The Subrecipient shall maintain all records and proper documentation of all activities carried out in furtherance of the Program including but not limited to: A. Records providing a full description of each activity undertaken; B. Records demonstrating that each activity undertaken meets one of the eligible housing activities specified in 24 CFR 574.300 of the Regulations; C. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Where the activity qualifies under the low - moderate income beneficiary objective, maintain data substantiating Section 8 low /moderate income eligibility of recipients /participants (see attachment for current year Income limits); D. Intake files which provide data on participant characteristics required for federal reporting, including racial and ethnic data as stipulated in 24 CFR 574.500; E. Logs or files documenting attendance of participants,; and F. Financial records as required by 24 CFR 574.450, and 24 CFR 85.41; HOPWA IBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 7 G. Daily log and time sheets of each employee with total hours worked and hours devoted solely to HOPWA activity; H. Payroll records detailing hours and amounts paid, withholdings in accordance with laws and regulations; and I. Payroll reports evidencing compliance with payroll reporting required by federal and state regulatory agencies; and J. Contracts for any third party agreements; and K. Invoices, travel reports, receipts and other independently prepared documents supporting allowable charges to the Program; and L. Evidence of payment for all costs claimed for reimbursement in connection with the Program; and M. Except for petty cash items, all expenses should be paid by company check. Subrecipient must have an imprest petty cash system with adequate controls and approvals and petty cash must be used only for small dollar purchases (e.g., less than $50.40). Subrecipient must provide a written description of the petty cash system to the City of Buffalo Department of Audit and Control and/or the Executive Director, as directed from time to time, prior to the approval of any petty cash cost claims; and N. Itemized fixed asset records showing date of purchase, vendor, cost, serial or other identification number, source of funding, etc, Asset details should be reflected on fixed asset acquisition forms and disposition forms that should be prepared using forms as directed by the City; and O. Monthly Performance and Activity reports listing program demographics; and P. Minutes of the meetings of the Subrecipient's board of directors, and Q. Documentation showing the calculation of allowable rent in accordance with 24 CFR 574.310; R. Evidence of procedures implemented to ensure that housing provided under this agreement is safes, sanitary and otherwise meets standards for eligible housing activities as contained in 24 CFR 574.320; S. Data ensuring that program beneficiaries are HIV positive and meet requirements for low- income persons; T. Where funds under this agreement are used for community care, certification that the Subrecipient will itself provide services to eligible persons assisted by the community residence, as required by 24 CFR 574.310(a) or evidence of an agreement with a qualified service provider to provide the same. U. Any other record that the City may require during the term of the Agreement. Such information shall be made available to the City monitors or their designees for review upon request. The Subrecipient shall submit to the City regular reports as follows: A. Monthly requests for reimbursement of allowable program costs, in a form as established by the City; HOPWA IBURA 2014 reement for Management, Implementation and Delivery of Services Page 8 B. Quarterly reports due within 15 days of the end of the quarter detailing daily units of service by program (See Exhibit 1); C. A year end closeout report documenting all applicants processed, in a form as established by the City; D. Periodic performance measurement reports in a format to be provided by the City; E. A year end fixed asset inventory, in a format provided by the; F. A copy of its annual audited financial statements and auditor- prepared management letter; and G. A copy of its annual Single Audit report; and any other report that the City may require during the term of this Agreement. The Subrecipient agrees to send appropriate representatives to any training sessions held by the City to explain or implement the above requirements and federal regulatory issues. The Subrecipient agrees that the City may withhold payment of any part of the costs of the Program for failure to provide and maintain requested documentation, submit Program reports in the format provided by the City and in accordance with the time schedules set forth above. 13. COMPLIANCE WITH LAW AND REGULATIONS The Subrecipient agrees to strictly comply with the requirements of Title 24 of the Code of Federal Regulations, Part 574 (the U.S. Housing and Urban Development regulations concerning Housing Opportunity for Persons with Aids (HOPWA) Grants), except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24, CFR 574.510 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient agrees to conduct any and all activities under this Agreement in strict compliance with the mandates of any and all federal, state, local or departmental statutes, rules, regulations, laws, ordinances or grants, in effect or promulgated during the term of this Agreement or any extensions thereof, related to the Program. Without in any way limiting the foregoing, federal requirements adhered to shall include but not be limited to O.M.B. Circular No. A -87 to the extent applicable. 14. CONFIDENTIALITY The Subrecipient agrees and shall ensure the confidentiality of the name of any individual assisted under this part and any other information regarding individuals receiving assistance under this Agreement (24 CFR 574.440). 15. FEE PROHIBITIONS HOPWA /BURA 2014 Agreement for Management, Implementation and Delivery of Services Page 9 The Subrecipient shall agree that no fee, except rent, will be charged of any eligible person for any housing or services provided with amounts from this agreement. 16. SUPPORTIVE SERVICES Supportive services as described in 24 CFR 574.300 (b) (7) shall be provided for all individuals receiving assistance under this agreement. A program assisted under this agreement shall also provide each assisted individual with an opportunity, if eligible, to receive case management services from the appropriate social services agencies. 17. RENTAL ASSISTANCE Housing provided to individuals receiving assistance under this agreement under this agreement shall meet habitability standards contained in 24 CFR 574.310. 18. RENT STANDARDS The City has established a rent standard equal to no more than the published Section 8 fair market rent (FMR) for the unit size. The Subrecipient agrees and shall ensure that rental assistance provided under this agreement does not exceed the maximum subsidy calculated using that rent standard (24 CFR Part 574.320). In addition, minimum participant rent shall be charged based on rent calculated in accordance with the formula prescribed in 24 CFR Part 574.310. 19. DECISIONS BY THE CITY OF BUFFALO In case of any ambiguity in the terms of the Program, the preparation and maintenance of any and all reports, documents, and records, the administrative or fiscal procedures to be followed, and the interpretation of any and all federal, state, local, or departmental statutes, rules, regulation, laws or ordinances, the matter must be immediately submitted to the City which shall resolve the same and its decision in relation thereto shall be final and conclusive upon the Subrecipient to the extent provided by law. 20. CLOSE -OUT PROCEEDINGS This Agreement shall remain in effect during any period that the Subrecipient has control over grant funds, including program income. The Subrecipient agrees that the City may withhold payment of any part, up to ten percent (10 %) of the total costs for the Program, until such time as the Program close out procedures have been completed to the satisfaction of the City. The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any HOPWA funds on hand at the time of expiration or termination along with any other accounts receivable attributable to the use of HOPWA funds. 21. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the Subrecipient agrees as follows: HOPWA /BURA 2014 Agreement for Management, Imp lementation and Delivery of Services Page 10 A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non - discrimination clause. B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City's contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments under Section 202 of Executive Order 11246 of September 24, 1965,. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. E The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise proved by law. F. In the event of the Subrecipient's non - compliance with the non - discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. HOPWA/BURA 2014 Agreement for Management, Implementation and Delivery of Services Page 11 G. The Subrecipient will include the provisions of Paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 22. LIVING WAGE ORDINANCE OF THE CITY OF BUFFALO Subrecipient and its agents shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code Sec.96 -19) (hereinafter the Ordinance "), if applicable. Compliance includes: A. Paying all covered employees a living wage. Covered employees are all employees, full or part -time, employed in, on, or for the project or matter subject to the contract, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. B. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. C. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. . D. Informing employees making less than $12 per hour of their possible right to. the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and/or a grievance with the City's Living Wage Commission. The City has the discretion to terminate this Agreement and pursue any other legal remedies if Subrecipient and /or its agents fail to comply with the Ordinance. 23. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES It is the policy of the City that equal opportunity to participate in the subrecipient's procurements be provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the Subrecipient are placed with minority and women owned business enterprises, the Subrecipient agrees to take affirmative action to the fullest extent consistent with sound procurement principles and applicable HOPWAIBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 12 law(s) to identify qualified enterprises and to solicit bids and quotations from them, and in making awards and purchases to give equitable consideration to these enterprises. Such action shall include, but is not limited to: A. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. B. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. C. Belmont shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of 30 % minority and women owned business enterprises. 24. WORKPLACE DIVERSITY The City of Buffalo is committed to achieving excellence in workplace diversity that encompasses the equity and social justice principles of the local, state and federal Equal Employment Opportunity laws and the City of Buffalo's policies that promote participation by minority and women owned business enterprises. The City encourages our contracting partners to adopt business methods and models that foster and strive for diversity within their workplaces as a matter of course. In managing and valuing diversity, the City recognizes that it is the key component of effective people management as well as it is the key to significant organizational benefits such as enhancing productivity of all staff, enhanced equality of opportunity, recruitment and selection from a wider pool of talents, improved service and client satisfaction and a positive community image. It gives effect to the principles of Equal Employment Opportunity. The City encourages our contracting partners to achieve a workforce that reflects the profile of the broader community and capitalizes on this City's vibrant diversity of people. 25. FEDERAL LABOR REQUIREMENTS (SECTION 3, HUD Act of 1968) Section 3 Compliance in the Provision of Training employment and Business Opportunities: the Subrecipient shall cause or require to be inserted in full in all contracts or subcontracts for the program work funded with assistance, the Section 3 Clause as follows: A. The work to be performed under this Agreement is on a project assisted under a program provided direct Federal Financial Assistance from the Department of Housing and Urban Development and subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC, 1701u. Section 3, requires that to the greatest HOPWA IBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 13 extent feasible opportunities for training and employment be given lower income residents of the Program area and contracts for work in connection with the Program be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the Program. B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. C. The Subrecipient will send to each labor organization or representatives of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal Financial Assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, of the regulations set forth in 24 CFR Part 135 and all applicable rules and orders of the Contract, shall be a condition of the Federal Financial Assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns to these requirements shall subject the applicant or recipient, its Subrecipients and subcontractors, its successors and assigns to those sanction specified by the grant or loan agreement or contract through which Federal assistance is provided and to such sanction as specified by 24 CFR Part 135. F. See Exhibit D: Statement of Compliance with Section 3, Housing and Urban Development Act of 1968. 26. COMPLIANCE WITH LAW AND REGULATIONS The Subrecipient agrees to comply with the requirements of the Act. The Subrecipient also agrees to comply with the Regulations and with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize HOPWAIBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 14 funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient agrees to conduct any and all activities under this Agreement in strict compliance with the mandates of any and all federal, state, local or departmental statutes, rules, regulations, laws, ordinances or grants, in effect or promulgated during the term of this Agreement or any extensions thereof, related to the Program. Without in any way limiting the foregoing, federal requirements adhered to shall include but not be limited to O.M.B. Circular No. A -87to the extent applicable. 27. CONFLICT OF INTEREST Execution of the terms of this Agreement shall be in strict compliance with all applicable Federal, State and local laws and regulations concerning the avoidance of any conflict of interest. City and Subrecipient represent to each other that all or most Subrecipient board members and officers are also City employees. Persons falling within the potentially conflicting roles will fill out Conflict of Interest Disclosures. Except as set forth above, the Subrecipient represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City of Buffalo nor are their immediate family members employees of the City of Buffalo nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by HUD. Violation of the terms of this agreement shall be cause for termination of this Agreement and a voidance of any benefit to the Subrecipient otherwise created for the Subrecipient concurrent with the Conflict of Interest. The Subrecipient and all covered persons shall report all conflicts of interest for review by the City through the submission of the Conflict of Interest Disclosure attached as Exhibit C. 28. FUNDED BY THE CITY'S HOPWA PROGRAM The parties agree that the Subrecipient and its officers, agents, and employees shall neither claim nor represent by use of any work, symbol, seal or logo that any individual engaged in Program activity or the Program itself or the Subrecipient is any City division, department, officer, agent, employee, or part of the government or administration of the City of Buffalo. Provided, however, that in all public statements or communications regarding the Program, the Subrecipient shall indicate in some manner that the City furnishes funds for the Program. HOPWAIBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 15 29. ASSIGNMENT The Subrecipient agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or any right, title, obligation, or interest it may have therein, without prior written consent from the City. Any such assignment, transfer, conveyance, or disposition of this Agreement, or any right, title, or interest therein without prior written consent of the City will relieve the City of any and all liabilities and obligations growing out of this Agreement to the Subrecipient or to the person or corporation to which this Agreement shall have been assigned, transferred, conveyed, or otherwise disposed of and the Subrecipient and its assignees or transferees shall forfeit and lose all moneys theretofore earned under this Agreement. 30. TITLE AND OWNERSHIP Title and ownership of any equipment, furniture, furnishings, or other property to be purchased by the Subrecipient under the terms of this Agreement, or furnished to the Subrecipient by the City, for use in carrying out the objectives of the Program shall vest in the City. Any and all such property shall be returned to the City in good condition upon the termination of this Agreement or any extensions thereof. An inventory of all such equipment, furniture, furnishings or property shall be maintained by the Subrecipient in a manner prescribed and approved by the City. At the expiration or termination of this Agreement the Subrecipient shall provide a written inventory to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Audit and Control. Equipment not needed by Subrecipient for activities shall be transferred to the City or, after obtaining City's pre- approval, retained by Subrecipient after compensating the City pursuant to the Regulations. 39. REQUIREMENTS FOR RENTING PROPERTY The Subrecipient covenants not to lease or rent any real estate, building, or portion thereof, for which rental moneys have been wholly or partially allocated under this Agreement, without securing from the Lessor thereof a lease, agreement, or modification of an existing lease or agreement, which provides the following assurances: The Lessor hereby represents that as of the date of execution of this document, no taxes, judgments, service charges, or fees relative to the premises, are overdue or owing to the City of Buffalo, or any agency, department, authority, or board thereof or therein. In addition, the Lessor covenants to pay promptly any and all such taxes, judgments, service charges and fees relative to the premises which become due or payable to the City of Buffalo or any such agency, department, authority, or board during the term of the Lessee's contract with the Agency for the Program herein. Furthermore, the Lessor agrees that any and all moneys designated HOPWA /BURA 2014 Agreement for Management, Implementation and Delivery of Services Page 16 as rent in the lease or rental agreement may, upon written notice, be withheld and diverted by the Lessees to pay any and all taxes, judgments, services charges, or fees relative to the premises, overdue or owning more than ninety (90) days to the City of Buffalo or any of the aforesaid agencies, departments, authorities, or boards. Furthermore, the Subrecipient agrees, upon request, to furnish the City with a copy of the executed lease, agreement, or modification of an existing lease or agreement, before any voucher for rental payment is submitted to the City for payment under this Agreement. Rental costs paid to the subrecipient, its parent, subordinate or other related parties shall not be allowable unless supported by adequate cost allocation methods (e.g., costs allocated via square footage direct program usage plus any reasonably allocated common space). The cost allocation plan and supporting documents must be provided to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Community Services prior to claiming any such costs. 32. FEDERAL REQUIREMENTS A. The Subrecipient stipulates that no facility to be utilized in the performance of the Program is listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. B. The Subrecipient agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1875c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. The Subrecipient agrees that prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The Subrecipient agrees that no amount of the assistance provided under this Agreement will be utilized with respect to a facility that has given rise to a conviction under Section 113 (c) (1) of the Clean Air Act of Section 309 (c) of the Federal Water Pollution Control Act. E. The Subrecipient agrees that it shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so- called "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948.62 Stat. 862; Title 18, USC, Sec. 874 and Title 40 Sec. 276a) and any amendments or modifications thereof; shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject . HOPWA IBJRA 2014 Agreement for Management, Implementation and Delivery of Services Page 17 thereto; and shall be responsible for the submission of statements required of subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. F. The Subrecipient agrees to comply, when applicable, with The Davis -Bacon Act and shall comply with the regulations of the Department of Labor pursuant to 29 CFR 3, 5, and 5A when necessary. G. The Subrecipient agrees to comply with the federal HOPWA regulations as contained in 24 CFR part 574. H. If applicable to this Program the Subrecipient agrees to comply with the eligibility restrictions for newly legalized aliens pursuant to 24 CFR Part 49.20 I. The Subrecipient agrees to comply with all federal, state, and local laws, rules, and regulations prohibiting discrimination against any class or status of protected persons. 33. USE OF RENOVATED FACILITIES The Subrecipient promises and agrees to comply with 24 CFR Part 574.310(c) relative to minimum use periods. Any building or structure for which the HOPWA grant amount is used for renovation, must be maintained as housing or assistance for persons with AIDS or related diseases for not less than a three - year period; or if the grant amounts are used for major rehabilitation or conversion of the building for not less than a ten year period. 34. LEAD BASED PAINT HAZARD REDUCTION REQUIREMENTS The Subrecipient shall comply with all applicable requirements of Lead Based Paint Poisoning Prevention Act and the implementing regulations found at 24 CFR Part 35 and the Residential Lead -Based Paint Hazard Reduction Act, referred to as "Title X" and the implementing regulations found in the final rule released in September, 1999 and all amendments and revisions. Additional information may be found at the web site for the Department of Housing and Urban Development at www.hud.gov /offices /leadl and hftp://www.hud.clovloffices/cpd/homeless/. 35. POLITICAL ACTIVITIES The Subrecipient agrees that neither the funds provided for the Program, nor the personnel employed in the administration of the Program, shall be in any way or to any extent engaged in the conduct of political activities in contravention of the Hatch Act (Chapter 15 of Title 5, United States Code). 36. PROHIBITION AGAINST RELIGIOUS ACTIVITIES HOPWAIBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 18 A. The Subrecipient agrees that none of the funds provided for the Program shall be used to support or engage in religious or sectarian activity, or any other ineligible activity. B. The Subrecipient represents that if it is, or may be deemed to be, a religious or denomination institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denomination institution or organization that it agrees that with regard to public services provided for in whole or in part with funds provided for under this Agreement that: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; 5. The funds received under this Agreement shall not be used to construct, rehabilitate or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; Provided that minor repairs may be made if such repairs (1) are directly related to the public services; (2) are located in a structure used exclusively for non - religious purposes; (3) constitute in dollar terms only a minor portion of the expenditure of the funds for the public services; and (4) are specifically authorized under this Agreement. 37. EMPLOYMENT BY SUBRECIPIENT All personnel of the Subrecipient shall be within the employment of the Subrecipient only, which alone shall be responsible for their work, the direction thereof and their compensation. Nothing in this Agreement shall impose any liability or duty on the City of Buffalo for the acts, omissions, liabilities, or obligation of the Subrecipient. 38. HOLD HARMLESS PROVISION The Subrecipient shall defend, indemnify and save harmless the City, their 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 HOPWA /BURA 2014 reement for Management, Implementation and Delivery of Services Page 19 by reason of any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Subrecipient, its employees, agents or subcontractors, in the performance of any work under.this Agreement. The insurance coverage described in Section 30 below must include language that states that the insurance carrier will defend the City for any and all claims resulting from this Agreement. Furthermore, the whole, or so much of the money to become due under this Agreement 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. 39. INSURANCE REQUIREMENTS The Subrecipient shall provide proof of the following insurance through production of certificates of insurance in a form approved by the City of Buffalo Corporation Counsel's Office as to the following. A. insurance Type /Description Employment Insurances a. Workers' Compensation and Employer's Liability Insurance - covering the Subrecipient as named insured for his liability under the law. The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. Comprehensive Bodily Injury and Property Damage Liability insurance, naming the City of Buffalo as an additional insured with the following limits. General Aggregate $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000.000 B. Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled by the Subrecipient or insurance company without thirty (30) days written notice to the City of its intention to cancel. C. Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York, covering operations under this Agreement. D. The Subrecipient shall supply a certificate of insurance that names the City of Buffalo as an additional named insured. The address for transmittal shall be City of Buffalo at Room 1701 City Hall. Coverage provided by a provision in the Subrecipient's policy to the City under an HOPWA IBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 20 "insured contract" or similar provision shall not be acceptable. City must be delineated as a separate insured on each policy. E. Within thirty days of the execution of this Agreement, Subrecipient shall supply copies of the declaration pages and all other necessary proof as required by City of Buffalo Corporation Counsel that the coverage indicated on the certificates of insurance is in effect. F. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase fidelity insurance covering all employees in an amount as directed by the City. If directed by the Grantee, the Subrecipient shall further maintain a performance bond to secure fulfillment of all the Subrecipient' s obligations under the Agreement, up to the amount of Subrecipient' s administration allocation or other protections to insure performance as determined by the Grantee in its sole discretion. The Grantee will provide reasonable written notice to the subrecipient of any such additional assurances. 40. AGREEMENT TAKES PRECEDENCE In the event of any conflict or ambiguity between the general provisions of this Agreement and the special provisions of the Exhibits, the general provisions of the Agreement shall take precedence. 41. TRANSFER OF ASSETS The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any HOPWA funds on hand at the time of expiration or termination along with any accounts receivable attributable to the use of HOPWA funds. 42. REPORTING AND PAYMENT PROCEDURES 1. Indirect Costs — If indirect costs are charged under this Agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City. 2. Payment Procedures — The City will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent and limited by any approved budget, Federal regulations and the City policy concerning payments (see Exhibit F). Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. To the extent allowable, payments will be adjusted by the City in accordance with advance fund and program income balances available'in Subrecipient accounts. In addition, the City reserves the right to liquidate funds available under this contract for costs incurred by the City. on behalf of the Subrecipient. 3. Progress Reports — The Subrecipient shall submit regular Progress HOPWA /BURA 2014 Agreement for Management, Implementation and Delivery of Services Page 21 Reports to the City in the form, content, and frequency as required by the City. If the Subrecipient fails to submit such reports, all fund payments may be suspended under this Agreement. 43. PROCUREMENT 1. Compliance — The Subrecipient shall comply with the City's current policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement. 2. Bidding — the Subrecipient shall obtain three bids for all purchases of goods or services greater than $2,000 or, in the alternative, have a price agreement in place. 3. OMB Standards — Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of CFR 85.36 and OMB Circular A -87. 4. Travel -- The Subrecipient shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this Agreement. 44. AUDIT REQUIREMENTS (Revised 6103) The Office of Management and Budget (OMB) has issued a new Circular A -133, effective for audits of fiscal years beginning after June 30, 1996, which changes certain audit requirements related to single audits. One of the major provisions of the new rules raises the threshold to $300,000 ($500,000 for fiscal years ending after December 31, 2003) of Federal awards expended for when a single audit is required. This change could have a major impact on how your organization will comply with this new Circular. Under the new rules, you will not be required to submit a single audit to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Audit and Control unless the Federal awards expended for your fiscal year are $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more. The rules depending on your Federal funding level are as follows: Organizations with less than $300,000 ($600,000 for fiscal years ending after December 31, 2003) in Federal awards expended: If your Federal awards expended are less than $300,000 ($506,000 for fiscal years ending after December 31, 2003) for your fiscal year, no single audit is required to be submitted to this office. Furthermore, the City cannot reimburse you for any single audit costs under these conditions. Any limited scope audits of your contracts that are deemed necessary will be initiated and paid for by the City. Organizations with $300,000 000 ($500,000 for fiscal years ending after HOPWAIBURA 2014 Agreement for Management, Implementation and Delivery of Services Page 22 December 31, 2043) or more in Federal awards expended; If your Federal awards expended are $300,000 ($500, 000 for fiscal years ending after December 31, 2003) or more for your fiscal year, you must submit a single audit to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Audit and Control in accordance with the new Circular A -133. A portion of the audit cost will be paid as it was previously. The accounting firm performing your single audit should have a copy of the new regulations and be familiar with them. Please note that the audit should contain a Statement of Program Costs and Budget Amounts for any HOPINA contracts covered under the audit period. Any questioned costs should also be noted in this schedule. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their name and behalf by duly authorized representatives on or as of the first day above written. FOR THE SUBRECIPIENT Ior,I Brendan R. Mehaffy, Vice Chairman Date (Print) Name ,& Title of Officer APPROVED AS TO FORM ONLY An BURA General Counsel DATE: HOPWA /BURR 2014 Agreement for Management, Implementation and Delivery of Services Page 23 FOR THE CITY OF BUFFALO 1. APPROVED AS TO FORM ONLY WA City of Buffalo Corporation Counsel DATE: 2. CITY OF BUFFALO AUTHORIZED REPRESENTATIVE I -ard DATE: (Space Below reserved for Authorized Stamp of the City of Buffalo Department of Audit and Control) HOPWAIBURRA 2014 Agreement for Management, Implementation and Delivery of Services Page 24 STATE OF NEW YORK ) COUNTY OF ERIE ) S.S. CITY OF BUFFALO ) On the day of , in the year 2014, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his/her/their signature(s) on the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /Commissioner of Deeds STATE OF NEW YORK ) COUNTY OF ERIE ) S.S. CITY OF BUFFALO ) On the day of in the year 2014 me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their capacity(ies), and that by his /her /their signature(s) on the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /Commissioner of Deeds HOPWA /BURA 2014 Agreement for Management, Implementation and Delivery of Services Page 25 EXHIBITS: A. Program Scope of Services B. Program Budget C. Conflict of Interest Disclosure D. Statement of Compliance with Section 3 E. Suspension and Debarment Certification F. General Conditions for Operating Agencies and Third Party Contractors G. Subrecipient Audit Corrective Action Plan H. HOPWA Subrecipient Requirements I. HOPWA Quarterly Report Form HOPWA IBURA 2014 Agreement for Management, Implementation and Delivery of Services w SCOPE OF SERVICES The Subrecipient will provide the following Scope of Services pursuant to the terms of this Agreement and as directed by the City of Buffalo: For Fiscal Year 40 and Previous Fiscal Years: 1. The Subrecipient shall monitor the requisitions for reimbursement, reconciliations for HUD Integrated Disbursement and Information System (IDIS) and any other related accounts related to the Housing Opportunities for Persons with AIDS Grant ( HOPWA); 2. The Subrecipient will review requisitions submitted by HOPWA program participants and/or other HOPWA subrecipients for HUD eligibility determination; For All Fiscal Years: 3. The Subrecipient will prepare any HOPWA related materials for the City of Buffalo Consolidated Plan and Annual Action Plans; 4. The Subrecipient will prepare HUD required quarterly reports and any other HOPWA reports as required by HUD; 5. The Subrecipient will provide any other assistance to the City of Buffalo for prior year, current or future HOPWA related activities at the request of the City of Buffalo and that the Subrecipient is reasonably able to provide. Exhibit A - Scope of Services Page 1 Agreement for Management, Implementation and Delivery of Services (need updated, if available) Effective date - May 31, 2011for HOPWA Very Extremely LOA . domG Low Income Low Income http://www.huduser.org/portal/datasets/iI/iI1 Undex 1. html Exhibit A - Scope of Services Page 2 Principal Deferred 6 Prq wain limits Principal Deferred 0125 Program limits Very Low Deferred Program limits _ family ** 50% of ** 30% of size median 95% of median rniedan median median 1 $45,800 $43,510 $36✓060,0 $22,900 $13,750 2 $52,300 $49,685 $41866 $26,150 $15,700 3 $58,800 $55,860 $47,Q5a $29,400 $17,650 4 $65,300 $62,035 $52;250 $32,650 $19,600 5 $70,600 $67,070 $56,450 $35,300 $21,200 6 $75,800 $72,010 $54,6 $37 $22,750 7 $81,000 $76,950 $64 1 18011 $40,500 $24,350 8 $85,200 $81,890 09,000 $43,100 $25,900 http://www.huduser.org/portal/datasets/iI/iI1 Undex 1. html Exhibit A - Scope of Services Page 2 A greement for Management, Implementation and Delivery of Services Administrative Costs: Program Personnel; Indirect Personnel Fringe Benefits: Administrative Overhead: Other: Total Budgeted Costs: 9 1 ` 1 5 f $8,526..00 $6,139.00 $1,544.00 $16,209.00 Exhibit C -- Budget Page 1 Agreement for Management, Implementation and Delivery of Services EXHIBIT C Conflict of Interest Disclosure - to be completed by all Covered Persons A. Execution of the terms of this Agreement shall be in strict compliance with all applicable Federal, State and local laws and regulations concerning the avoidance of any conflict of interest. City and Subreciplent represent to each other that all or most Subrecipient board members and officers are also City employees. Persons falling within the potentially conflicting roles will fill out Conflict of Interest Disclosures. Except as set forth above, the Subrecipient represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City of Buffalo nor are their immediate family members employees of the City of Buffalo nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by HUD. Violation of the terms of this agreement shall be cause for termination of this Agreement and a voidance of any benefit to the Subrecipient otherwise created for the Subrecipient concurrent with the Conflict of Interest. B. The covered person acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to disclose all potential conflicts of interest. Board President's Signature Date The covered person must formally disclose all potential Conflicts of Interest to the City of Buffalo. Disclosure: Are you, or are you related to (by blood, marriage, act of law, or business relationship) any person who is an employee of the City of Buffalo, Buffalo the Municipal Housing Authority Board of Education, Sewer Authority . or any other entity funded by ❑ YES ❑ NQ Covered Persons Signature Title Date Exhibit C — Budget Page 2 Agreement fo r Management, Implementation and Delivery of Services Print Name If yes, a full disclosure must be forwarded on official letterhead to the City of Buffalo. The notice must include: Name: Job Title or Position- Disclosure must include: 1. Name of Relation 2. Department 3. Position 4. Relationship Exhibit C — Budget Page 3 Agreement for Ma nagement, implementation and Delivery of Services EXHIBIT D STATEMENT OF COMPLIANCE WITH SECTION 3, HOUSING AND URBAN DEVELOPMENT ACT OF 1968 SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES This Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, the HUD regulations issued pursuant thereto at 14 CFR, Part 135, any applicable rules and orders of HUD issued thereunder prior to the execution of this contract. The Section 3 clause, set forth in 24 CFR, 135.20(b) provides: The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of '1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low - income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. The Subrecipient agrees to send to each labor organization or representative of workers with which the Subrecipient has a collective bargaining agreement or other understanding if any, a notice advising the labor organization or workers' representative of the Subrecipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Subrecipient will not subcontract with any subcontractor where the Subrecipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before Exhibit D - Statement Of Compliance With Section 3 Page 1 regiment for Management, Implementation and Delivery of Services the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subrecipient's obligations under 24 CFR part 135. Noncompliance with HUD's regulations in 24 CFR, Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extend feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3.to the maximum extent feasible, but not in derogation of compliance with section 7(b). The Subrecipient agrees to abide by the Section 3 clause set forth above and will also cause this Section 3 clause to be inserted in any subcontracts entered into with third parties for work covered by this Contract. The Subrecipient: Title: Vice Chairman Date: Exhibit D - Statement Of Compliance With Section 3 Page 2 reement for Manageme Implementation and Delivery of Services EXHIBIT E CITY OF BUFFALO Certification of Assurance of Compliance Regarding Suspension and Debarment In accordance with the common rule implementing Executive Orders 12549 and 12689, the implementing rules and regulations thereof, a Certification of Compliance with the Suspension and Debarment rule is required of bidders or prospective contractors receiving a contract or award. Receipt of such. certification shall be a prerequisite to the award of contract and payment thereof. Certification of Subrecipient I (We) am an authorized representative and hereby certify that our firm, as producer of the goods and/or services to be purchased, has complied with all applicable requirements of the Suspension and Debarment rule. Name: Title: Firm Name: Signature: Date: (Vice Chairman's Signature) Verification by Project Manager On the federal website was checked to ensure the above - referenced vendor does not appear on the list of parties that are debarred, suspended or otherwise excluded from a ineligible for participation in federal assistance programs or activities. Signature: Date: Print or Type Name: Exhibit E — Suspension and Debarment Certification Page 1 Agreement for Management, Implementation and Delivery of Services Exhibit F HOPWA Program General Conditions for Operating Agencies and Third Party Contractors Section I. Definitions Il Financial Management III. Procurement Standards IV. Property Management V. Real Property Acquisition and Relocation Vl. Reporting and Monitoring Requirements : VII. Record Retention, Audits and Inspections VIII. Indemnification IX. Nondiscrimination X. Use of Excessive Force Prohibited XI. Equal Employment Opportunity X11. Handicapped Accessibility XIII. Section 3 Requirements XIV. Environmental Review Requirements XV. Federal Labor Standards Provisions (for construction projects only) XVI. Political Activity Prohibited XV11. Lobbying Prohibited XVIII. Publicity XIX. Copyright XX. Patents XXI. Drug -Free Workplace Exhibit F — General Conditions Page 1 Agreement for Management, Implementation and Delivery of Services Definitions: Terms used in the HOPWA Program Beneficiaries, or eligible beneficiaries, are persons with acquired immunodeficiency syndrome or related diseases who are low- income individuals, as defined in the HOPWA regulations, and the person's family eligible to receive assistance or services. The City of Buffalo Office of Strategic Planning (OSP) that has the responsibility for administering the Housing Opportunities for Persons with Aids ( HOPWA) program. Elderly Household, is a family whose head, spouse or sole member is 62 years of age or older, suffers a handicap, or is disabled. Elderly families also include two or more elderly, handicapped or disabled persons living together or one or more such persons living with another person who is essential to the elderly, handicapped, or disabled person's care and well being. Eligible Person means a person with acquired immunodeficiency syndrome or related diseases, who is a low- income individual, as defined in the HOPWA regulations, and the person's family. HUD, means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on his behalf. Low - Moderate Income Household, is a household whose income does not exceed the applicable income limit for lower income families established by HUD for Section 8 rental subsidy eligibility purposes. Operating Agency (O /A), is an entity that has an Agreement with or an Administrative Order from the City for the performance of work on a Housing Opportunities for Persons with Aids ( HOPWA) project. This may include subrecipients or contractors or any other form of contract. Persons with Disabilities (Handicapped), is a person having a physical or mental impairment that (1) is expected to be of long or indefinite duration; (2) substantially impedes his/ her ability to live independently; and (3) is of such a nature that such ability could be improved by barrier -free or more suitable housing conditions. Private nonprofit organization, means a secular or religious organization described in section 501(c) of the Internal Revenue Code of 1986 that: a. Is exempt from taxation under subtitle A of the Code; b. Has an accounting system and a voluntary board; c. Practices nondiscrimination in the provision of assistance. Program, is the federally funded HOPWA program. Project, is an activity undertaken in the program by an O /A. Exhibit G— Subrecipient Audit Corrective Action Plan Page 1 reement for Management, Implementation and Delivery of Services Third Party Contractor is an entity, other than the O /A, which furnishes services or supplies to the O /A. H. Financial Management: A. Accounting Systems - The Subrecipient agrees to comply with 24 CFR 85.20 -85.36 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles - The Subrecipient shall administer its program in conformance with OMB Circulars A -87. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Records to be Maintained - The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the National Objectives of the HOPWA program, and 3. Records required to determine the eligibility of activities D. Restrictions on Disbursements: No funds under this Agreement shall be disbursed by the OIA to any Subrecipient except pursuant to a written contract which incorporates these "General Conditions for Operating Agencies and Third Party Contractors." Requests for reimbursement of allowable program expenses must be submitted on the approved City form. E. Cost control: The O/A shall maintain cost control, that is, monitor expenses to ensure disbursements are within the budget cost category allocation. Whenever the O/A foresees the possibility of exceeding the budget, the O/A shall promptly report this to the City requesting that appropriate adjustments be made. F. Documentation of Costs: The O/A upon request shall provide the City with unit cost or productivity expense data. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, and vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges and disbursements. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible for audit and inspection. G. Legal Expenses: Legal expenses that may be incurred by the O/A or third Exhibit G— Subrecipient Audit Corrective Action Plan Page 2 Agreement for Management, Implementation and Delivery of Services party contractor for the prosecution of claims against the federal government or the City are not eligible under this Agreement. H. Consultant Compensation: No person employed as a consultant, or by a firm providing consultant services, shall receive more than a reasonable rate of compensation for personal services paid with HOPWA funds. On a daily basis, the rate of compensation shall not exceed the maximum daily rate compensation for a Senior -Level position as established by Federal law. Cash Depositories: HOPWA funds are considered public money; therefore, the O/A shall not deposit City checks for advances or reimbursement of eligible expenses in other than a FDIC member bank. Deposits in excess of the FDIC insurance maximum must be appropriately secured by the bank. J. Project Income: Project income of any kind received by the O/A such as user charges, fees, third -party reimbursement, rents or the sale proceeds from real or personal property acquired in whole or in part with HOPWA funds, shall be remitted to City of Buffalo and credited to the City's HOPWA Program Income Account within thirty (30) days of receipt. The O/A shall . be required to properly account for project income and comply with the standards set forth in the OMB Circulars. For government agencies these are OMB Circular A -87 "Cost Principles for State, Local and Indian Tribal Governments" and A -102 "Grants and Cooperative Agreements with State and Local Governments." For nonprofit organizations these are OMB Circular A -110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations" and OMB Circular A -122 "Cost Principles for Nonprofit Organizations." III. Procurement Standards: The O/A or other contracting parties, in the use of project funds, shall comply with all applicable laws and procedures of OMB Circulars. For government agencies these are OMB Circular A -87 "Cost Principles for State, Local and Indian Tribal Governments" and A -102 "Grants and Cooperative Agreements With State and Local Governments." For nonprofit organizations these are OMB Circular A -110 "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations" and OMB Circular A -122 "Cost Principles for Nonprofit Organizations." IV. Property Management: The O/A is required to comply with the standards prescribed for the acquisition and disposal of real and personal property which are set forth in OMB Circulars. For government agencies these are OMB Circular A -87 "Cost Principles for State, Local and Indian Tribal Governments" and A -102 "Grants and Cooperative Agreements with State and Local Governments." For nonprofit organizations these are OMB Circular A -110 Exhibit G— Subrecipient Audit Corrective Action Plan Page 3 Agreement for Management, I mplementation and Delivery of Services "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non = Profit Organizations" and OMB Circular A -122 "Cost Principles for Nonprofit Organizations." A. Definitions: Expendable Personal Property: Expendable personal property refers to all tangible property other than nonexpendable property. Nonexpendable Personal Property: Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $5000.00 or more per unit. Personal Property: Personal property means property of any kind except real property. It may be tangible, having physical existence, or intangible, having no physical existence, such as patents, inventions, and copyrights. Real Property: Real property means land, land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. B. The O/A may use property acquired under this Agreement, regardless of specific kind, only for those purposes indicated in the Agreement unless another use has been specifically approved by the city. C. Records and Inventory for Nonexpendable Personal Property: 1,. An inventory of nonexpendable property is to be provided to the City within thirty (30) days of the expiration or termination of the Agreement using the City's Nonexpendable Personal Property Inventory Report Form. 2, The O/A shall maintain accurate and current nonexpendable personal property records including as a minimum: identification, manufacture and model numbers; purchase date; purchase cost; percentage of cost provided with Federal grant funds; current location; use; property condition. 3. Losses of property acquired with project funds are to be reported to the appropriate authorities for investigation and a record of the loss and any investigative reports are to be retained on file by the 0 /A. 4. All nonexpendable personal property shall revert to the City upon the expiration of this Agreement unless otherwise determined by the City. D. Records and Inventory for Real Property: The 0/A shall maintain accurate and current real property records including as a minimum: The seller's name, address, and telephone number, appraisal report, sales Exhibit G— Subrecipient Audit Corrective Action Plan Page 4 Agreement for Management, Implementation and Delivery of Services contract, and settlement statement. Street address and legal description, i.e., lot, block, subdivision, tax map, grid, property tax account number and election district. Type of purchase, (e.g., land only or land and improvement, purchase price (including settlement cost), current property condition and use, (i.e., renovated, leased, demolished, sold, etc). If sold, name, address, telephone number of purchaser, sale price, value determination, sales contract and settlement document, intended use of purchaser, net proceeds to seller. ii. If demolished, name, address and telephone number of the demolition contractor, amount paid to contractor, procurement process used to obtain demolition service, and copy of County authorization statement. iii. If renovated, name, address and telephone number of the contractor, copy of work write up, procurement process used to obtain contractor, amount paid for renovation service and copy of County authorization statement. iv. An inventory of real property is to be provided the City within thirty (30) days of the settlement of each property acquisition using the City's Subrecipient Real Property Inventory Report form. V. All acquisitions are subject to the project income requirements. V. Real Property Acquisition and Relocation: All acquisitions of real property, or interests in real property (such as easements and rights of way), and all cases involving relocation, shall be conducted in conformity with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979 as amended and HUD Handbook 1378, Tenant Assistance Relocation and Real Property Acquisition, dated September 1990. Vi. Reporting and Monitoring Requirements: A. Reports; At such times and in such form as the City may determine, the OIA shall furnish records, reports and data pertaining to this Agreement. B. Project Monitoring: The OIA shall ensure that representatives of the City are provided access to information and records for the purpose of project monitoring and evaluation. The O/A shall further ensure the City's access to its contractors and subcontractors for this purpose. VII. Record Retention, Audits and Inspections: Exhibit G— Subrecipient Audit Corrective Action Plan Page 5 reement for Management, Implementation and Delivery of Services A. All financial and programmatic records resulting from this Agreement shall be retained by the O/A for a period of six (6) years from the issuance date of the last project payment. B. The City, HUD and the U.S. Comptroller General shall be given access to any and all O/A records including all subcontracts covered by this Agreement for the purpose of making audits, examinations, reproductions, excerpts and transcripts. Access shall be available at any time during normal business hours and as often as deemed necessary by the City, HUD or the U.S. Comptroller General. C. The O/A shall retain independent auditors to audit the project that is the subject of this Agreement on an annual basis or at such time as HUD or the City shall determine in accordance with OMB Circular A -133 "Audits of States, Local Governments, and Non - Profit Organizations." D. The O/A shall abide by the City's Operating Agency Audit Corrective Action Plan. E. The O/A shall respond, indicating appropriate corrective action on any formally issued audit report deficiencies within thirty (30) days of receipt of such report, and persevere in resolving such issues until the City and HUD approve disposition of audit findings. F. All records related to unsettled audit findings shall be retained securely by the O/A until Federal and local action is taken to resolve the questioned deficiencies. VIII. Indemnification: The O/A hereby agrees to indemnify and hold harmless the City from any loss, cost, damages, or expenses suffered, obligated or incurred by the City by reason of the OIA's negligence or failure to perform any of the obligations hereunder, including but not limited to audit disallowances by HUD or the Office of the Comptroller General of the United States, or both. In connection herewith, the OIA, in addition, hereby assents to the City withholding any funds otherwise due to the O/A in satisfaction, in whole or in part, of any deficiency; and to the City exercising its rights of set -off in any such situation. IX. Nondiscrimination: No person in the United States shall on the grounds of race, color, religion, national origin, sex, age, disability or familial status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available through this Agreement. For purposes of this section "program or activity" is defined as any function conducted by an identifiable administrative unit of the City, or by any unit of government or private contractor receiving community development funds or loans from the City. "Funded in whole or in part with community development funds" means that community development funds in any amount in the form of grants or proceeds from HUD - guaranteed loans have been transferred by the Exhibit G— Subrecipient Audit Corrective Action Plan Page 6 reement for Management, Implementation and Delivery of Services City to an identifiable administrative unit and disbursed in a program or activity or project. X. Use of Excessive Force Prohibited: In accordance with Section 519 of Public Law 101 -144, the 1990 HUD Appropriations Act, the O/A certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. XI. Equal Employment Opportunity: The O/A will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, disability or familial status. The 0/A will take affirmative action to ensure that minority applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, sex, age, disability or familial status. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The 0/A agrees to post in conspicuous places, available to employees and applicants for employment, notices that are provided by the City setting forth the provisions of this Equal Opportunity clause. The O/A will, in all solicitations or advertisements for employees placed by or on behalf of the O /A, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, age, disability or familial status. In the event of the 0 /A's noncompliance with the Equal Opportunity clause of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended, in whole or in part. XI 1. Handicapped Accessibility: The HOPWA Grant program is federally funded. All recipients of HOPWA funds MUST comply with the following: A. Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 apply to all HOPWA subgrantees and their contractors. B. Persons with disabilities, including persons with hearing and vision impairments and persons with physical disabilities, must be able to participate in the 0 /A's activities. C. All construction and renovation work must be carried out in accordance with Uniform Federal Accessibility Standards (UFAS) and American National Standards (ANS). Exhibit G— Subrecipient Audit Corrective Action Plan Page 7 Agreement for Management, Implementation and Delivery of Services D. Auxiliary aids must be used when necessary to ensure that individuals with disabilities have an equal opportunity to participate in and enjoy the benefits offered by the O /A. E. Designated parking spaces must be available for disabled persons. F. Entryways, bathrooms, drinking fountains and meeting rooms must be accessible to persons in wheel chairs. XI 11. Section 3 Requirements: The work to be performed under this Agreement is assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the HUD Act of 1968, as amended. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project, and agreements for work in connection with the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the project. The OIA must comply with the provisions of Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Agreement. The OIA certifies and agrees that it is under no contractual or other disability that would prevent it from complying with these requirements. XIV. Environmental Review Requirements: This Agreement is subject to the requirements established by HUD regulations 24 CFR Part 58, "Environmental Review Procedures for Title I Housing Opportunities For Persons With AIDS Program. The following federal laws and regulations are applicable for each of the impact categories: Historic Preservation: National Historic Preservation Act, 16 U.S.C. 470(f), Section 106; Floodplain: Executive Order 11988, Floodplain Management; Wetlands: Executive Order 11990, Protection of Wetlands; Noise: Noise Control Act, 42 U.S.C. 4903, as amended by the Quite Communities Act; Air Quality: Clean Air Act 42 U.S.C., 7400, et seq., Section 176 and Section 117, as amended; Hazards: HUD Notice 79 -33, 24 CFR Part 51, Subpart C and D; Water Quality: Clean Water Act, 33 U.S.C. 1251 -1376, et seq., Section 404, and Safe Drinking Water Act, 42 U.S.C. 300; Solid Waste Disposal: Resources Conservation and Recovery Act 42 U.S.C. 6901 -6987; Coastal Areas: Coastal Zone Management Act, 16 U.S.C. 1451 -1464 and Coastal Barrier Resource Act 1982, 16 U.S.C. 3501, et seq.; Endangered Species: Endangered Species Act, 16 U.S.C. 1531, Section 7; Farmland Protection: Farmland Protection Policy Act of 1981, 7 U.S.C. 4201, et seq.; Wild and Scenic Rivers: Wild and Scenic Rivers Act, 16 U.S.C. 1271 -1257. Lead Based Paint Hazard Notification, Evaluation and Reduction: For all projects involving rehabilitation, acquisition, disposition, homebuyer assistance, Exhibit G— Subrecipient Audit Corrective Action Plan Page 8 reement for Management, Implementation and Delivery of Services leasing, support: services, operations or tenant -based rental assistance in federally owned residential property and other housing receiving Federal assistance, the Operating Agency agrees to follow all requirements of the Federal regulation at 24 CFR Part 35, Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards. "Receiving f=ederal assistance" means receiving funds under any of the following Federal programs: Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), Housing Opportunities for Persons with AIDS (HOPWA), Shelter Plus Care (S +C), Supportive Housing Program (SHP) and Youthbuild. Exemptions from these requirements may include: residential structures built after January 1, 1978; unoccupied units that will be demolished; property not used for human residential habitation; rehabilitation that does not disturb paint; zero - bedroom dwelling units, including single room occupancy (SRO) units; and housing specifically designated for the elderly and disabled unless a child under age six resides in the unit. XV. Federal Labor Standards Provisions (for construction projects only): The OIA shall comply with the Davis Bacon Act and all Federal labor laws and regulations specifically including HUD -4010 (2 -84) governing construction contracts and the use of federal funds. XVI. Political Activity Prohibited: None of the funds, materials, or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. XVII. Lobbying Prohibited: (Required certification language, for OIA's and third party contractors with Federal funds over $100,000): No Federal appropriated funds have been paid or will be paid, by or on behalf of the signatory of this agreement, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the agreement signatory shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," at the initiation or receipt of the agreement. The form is available from the Mayor's Office of Strategic Planning, Exhibit G— Subrecipient Audit Corrective Action Plan Page 9 Agreement for Management, Implementation and Delivery of Services This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. It is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Failure to certify shall subject the agreement signatory to a civil penalty of not less than $10,000 and riot more than $100,000 for each such failure. XVIII. Publicity: The O/A shall, when publicizing this project, fully inform the public of the financial support given to the project the City. In all publications prepared by the O/A the term "City of Buffalo Housing Opportunities For Persons With AIDS Program" shall be conspicuously identified. The 0/A shall display a sign at its project office or service outlet clearly identifying the project being operated. The O/A shall make its materials and publications available to visually or hearing impaired individuals to ensure their participation in the project. XIX. Copyright: If this Agreement results in a book or other copyrightable material, the author is free to copyright work, but HUD reserves the royalty -free, nonexclusive, and irrevocable licenses to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and material which can be copyrighted. XX. Patents:: Any discovery or invention arising out of or developed in the course of work aided by this.Agreement shall be promptly and fully reported to HUD for determination by HUD as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. XXI. Drug -Free Workplace: The O/A shall make a good faith effort to provide a drug -free workplace. A. Notification: The O/A shall inform project employees by published notification that "the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace." The O/A shall further inform project employees that "conviction for a violation of a criminal drug statute occurring in the workplace must be reported to the O/A no later than five calendar days after such conviction." The notice should specify the actions the 0/A will take against employees for violations of the drug -free workplace prohibition. The notice should also state that abiding by the terms of the notice is a condition of employment under the grant. Each project employee should be given a copy of the notice. B. Education: The O/A should establish an ongoing drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The 0 /A's policy of maintaining a drug -free workplace; Exhibit G— Subrecipient Audit Corrective Action Plan Page 10 reeme for Management, Implementation and Delivery of Services 3. Available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Action: The O/A will take at least one of the following actions within 30 calendar days of receiving notice of an employee conviction: 1. Appropriate personnel action against the convicted employee, up to and including termination; or 2. Requiring the convicted employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. The Subrecipient acknowledges receipt of these General Conditions and verifies that all appropriate parties have been apprised of their obligation to comply with the HOPWA General Conditions. Vice Chair Signature Date EXHIBIT G SUBRECIPIENT AUDIT CORRECTIVE ACTION PLAN OBJECTIVE The objective of this plan is to assure compliance by the Subrecipient with the organization -wide financial audit requirements, as set forth in OMB Circular A- 133, as amended 2003. Il. AUDIT NOTIFICATION PROCEDURES This Subrecipient agreement includes a requirement for compliance with OMB Circular A -133. The City shall notify the Subrecipient of an organization -wide audit requirement on an annual basis through this exhibit to the annual Agreement with the Subrecipient. Additional updates to OMB Circular A -133 may also be obtained by accessing the Office of Management and Budget's website at www.whitehouse.�gov/omb /ci,rculars /index The Subrecipient will acknowledge this requirement by signing off on this exhibit. III. RESPONSIBILITIES OF THE SUBRECIPIENT The Subrecipient shall use its own procedures to arrange for an independent audit of its financial statements in accordance with generally accepted government auditing standards. The purpose and scope of the audit shall be to: a. Give an independent opinion of the financial position. b. Detect material fraud or misrepresentation. Exhibit G Subrecipient Audit Corrective Action Plan Page 11 Agreement for Management, Implementation and Delivery of Services c. Review internal control procedures. d. Determine compliance with OMB Circular A -133 and additional HUD guidelines. e. Aid the Subrecipient. The preparation of an independent audit shall be undertaken within thirty (30) days of the close of the fiscal year, and shall be completed within 120 days. The audit should contain a statement indicating compliance with OMB Circular A -133. Two copies of the audited financial statements shall be transmitted to the Department of Community Services with a copy to the Department of Audit and Control within thirty (30) of the audit completion date. IV. AGENCY REVIEW AND SUBRECIPIENT COMPLIANCE The City Department of Audit and Control shall review audits for compliance with OMB Circular A -133. Findings of noncompliance in the audited financial statement of the Subrecipient will be resolved in the following manner: a. The City will notify the Subrecipient by letter that it has six (6) months to correct the findings, starting from the date of the letter of notification. Proof of compliance must be provided by the Subrecipient in writing within the six (6) month period. b. If a finding cannot be resolved within six months, the Subrecipient will request an extension of time to comply, indicate the anticipated time of completion and describe the plan of action for achieving compliance. c. The City will review the extension request and advise the Subrecipient accordingly. In cases of noncompliance or unwillingness of the Subrecipient to cooperate, the City may take any of the following actions: a. A warning letter from the Director may be sent to the Subrecipient expressing concern about noncompliance, reiterating those actions which could be taken against the Subrecipient for failing to comply. The letter will contain an immediate deadline for compliance and may require an interview with appropriate City staff. A follow -up meeting could be held with representatives from the Subrecipient and the City to determine the most feasible means of resolving the problem. b. If the Subrecipient should fail to respond to the warning letter in a satisfactory manner, the City may not honor the Subrecipient's cost reimbursement requests for payment. Continued noncompliance could cause any of the following actions to occur: a. Suspension from the program. b. A demand for the remittance of unexpended funds and payments previously received as determined by the County to be due. c. Exclusion from future participation in the Community Development Block Exhibit G— Subrecipient Audit Corrective Action Plan Page 12 reement for Management, Implementation and Delivery of Services Grant Program. V. MONITORING OF THE SUBRECIPIENT The Subrecipient shall be monitored during scheduled visit to assure that all outstanding audit findings are resolved. Additionally, one phase of the site monitoring visit shall focus on whether the management system reviewed by the auditors is still being used. The Subrecipient acknowledges receipt of this policy and verifies that the Subrecipient will comply with OMB Circular A -133 and the requirements disclosed above. (Signature of Vice Chair) (Date) Exhibit G— Subrecipient Audit Corrective Action Plan Page 13 Agreement for Management, Implementation and Delivery of Services EXHIBIT H HOPWA SUBRECIPIENT REQUIREMENTS The enclosed guidelines provide general information about the operation of your Housing Opportunities for Persons With AIDS ( HOPWA) contract with the City of Buffalo. These guidelines are not meant to be all- inclusive. For greater detail, please refer to your grant contract and to the HOPWA program regulations and to OMB Circulars A -87. General Information For Agencies Review and reimbursement of costs submitted under the HOPWA contract is assigned to the City's Department of Community Services. In order to process claims, the Department of Community Services requires the completion of a subrecipient check -in package which provides basic information about the recipient and its accounting system. The HOPWA grant provided is to be primarily on a reimbursement basis. This means that costs must be incurred and paid prior to submission for reimbursement by the City. The City has established standard forms to be used to claim costs for reimbursement. See separate Requisition.Guidelines enclosed with this package. It is required that agencies complete requisitions at least monthly but not more than on a bi- weekly basis. Special Advances - Upon the request of subrecipient personnel, the City may consider a request for a special advance. The subrecipient must provide a letter to the City, which summarizes the cost categories and amounts to be reimbursed. A requisition supporting the amount received must be submitted within 5 working days of receipt of a special advance. Budgeted Costs - Costs incurred must be included in the approved budget as contained in the signed contract. Unallowable Costs - A list of general unallowable costs has been attached for your information. All personnel authorized to expend HOPWA funds must review this listing. These costs, if incurred by an agency, will not be reimbursed. Invoice Support — Copies of invoices /receipts will be required for all reimbursements of expenses. Only detailed invoices or receipts will be accepted as proof of costs claimed. Purchase orders, order forms, memos, summary statements, freight slips, etc. do not independently constitute support and will not be accepted without detailed invoices or Exhibit H- HOPWA Subrecipient Requirements reement for Management, Implementation and Delivery of Services receipts F Asset Purchases — Fixed asset purchases must be budgeted in the contract budget in order to be reimbursed. Segregate the cost of the asset in Class 6 from any supplies purchased at the same time (which should be claimed under Class 5). Each asset should be claimed on a separate line in the cost summary and a "Capital Outlay Addition Form" should be prepared and attached to the claim (see form attached). A copy of this form should be retained for your inventory records. Fixed Asset Records - Fixed assets records are to be maintained at each agency location for all items of a capital nature purchased with HOPWA funds (in whole or part, current, past and future contracts). As part of the check -in procedures for the HOPWA grant, the City of Buffalo will require that you provide a listing of HOPWA fixed assets. Periodically, the City will require that you take a physical inventory of these assets. At least every two years, designated City personnel will perform an on -site monitoring visit to review the assets and assess their condition. Fixed Asset Disposals -- Fixed assets that were purchased with grant funds are to be maintained in good condition and used in the program in future periods. It is the Subrecipient's responsibility to provide adequate security for assets to prevent theft or breakage. When assets become worn or are replaced, or are otherwise out of service, a "Capital Asset Disposition Form" (see form attached) should be prepared and forwarded to City. The purpose of this form is to obtain City permission for the disposal of any asset. City personnel will want to inspect the asset prior to disposition. Any proceeds from the sale of a fixed asset purchased with grant funds may, with the City's prior approval, be used for grant activities. Property Management Standards (per Federal Register, Office of Management and budget Circular A -102) 1. The grantee's property management standard for nonexpendable personal property shall include the following procedural requirements. (a) A description of the property. (b) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (c) Source of the property including grant or other agreement. (d) Whether title vests in the grantee or the Federal Government. (e) Acquisition date (or date received, if the property was furnished by the Federal Government) and cost. (f) Percentage (at the end of the budget year) of Federal participation in the Exhibit H- HOPWA Subrecipient Requirements reement for Management, I mplementation and Delivery of Services cost the project or program for which the property was acquired. (Not applicable to property furnished by the Federal Government.) (g) ]vocation, use and condition of the property and the date the information was reported. (h) Unit acquisition cost. (i) Ultimate disposition date, including date of disposal and sales price or the method used to determine current fair market value where a grantee compensates the Federal agency for its share. 2. Property owned by the Federal Government must be marked to indicate Federal ownership. 3. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. 4. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented; if the property was owned by the Federal Government, the grantee shall promptly notify the Federal agency. 5. Adequate maintenance procedures shall be implemented to keep the property in good condition. 6. Where the grantee is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return. General Requirements 1) The City must receive an executed contract and check -in package before any advances or reimbursements can be processed. 2) Any special advances issued must be closed out within one week of receipt of the funds. A special advance can be obtained through a written request specifying the amounts to be paid, by class of expense, and signed by the Board President. 3) All requests for reimbursement must be submitted on City approved forms. The requisition summary should be submitted on the two -part "Requisition for Funds" Exhibit H- HOPWA Subrecipient Requirements Agreement for Management, Implementation and Delivery of Services (RFF) form. ,Complete the information at the top of the form, lines (A) & (B) of the expense section, and all of the information under the "certification" heading. Only the chairperson or his /her written designee can sign the request. 4) Costs claimed for reimbursement should be detailed on the claim forms that are separate for each class of expense. These class sheets require details such as the check number, date of check, payee, check amount and the amount being claimed under the HOPWA program. A short description of the expense and other details may be required. 5) Do not claim mixed expenses on the same form -- claim each expense separately on the proper class form. (For example, Class 4 supplies should be segregated from Class 6 capital outlays even if they were purchased on one invoice; if necessary, make a copy of the invoice to submit costs in two different classes). 6) Copies of bills, invoices and timesheets must be submitted for all costs claimed Copies can only be accepted when the HOPWA reimbursement is less than 50% of the total bill. 7) All documentation for expenses claimed should be batched by class, in the order shown on the claim form, to facilitate City review. 8) Any expenses submitted must have already been paid as evidenced by the check number noted on the claim form. 9) Costs in excess of the class limits will be disallowed. If you require a contract change, contact your program monitor for written approval before requesting any additional funds in that class of expenses. General Rules for AllowablelUnallowable Costs 1) Expenses can only be reimbursed up to the current budget line amount in your contract or latest budget revision. 2) Sales tax, late fees, and interest charges are not reimbursable items. 3) Invoices or receipts must support all costs submitted for reimbursement. Purchase orders, memorandum, order forms, freight/delivery forms, packing slips and summary vendor statements or credit card statements do not separately constitute support and will not be accepted without detailed invoices or receipts. Any cost not properly supported will be disallowed. Specific Unallowable Costs - Please note that this list is not intended to be all - inclusive. Please refer to OMB Circular A -87 and the HOPWA regulations for a complete listing of unallowable costs. Exhibit H- HOPWA Subrecipient Requirements Agreement for Management, Implementation and Delivery of Services 1) Bad Debts - Any losses arising from uncollectible accounts and other claims, and related costs, are unallowable. 2) Contingencies - Contributions to a contingency reserve or any similar provision for unforeseen events are unallowable. 3) Contributions and Donations - Unallowable. 4) Entertainment - Cost of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodging, rentals, transportation and gratuities, are unallowable. 5) Fines and Penalties - Costs resulting from violations of or failure to comply with Federal, State, and local laws and regulations are unallowable. 6) Audit Fees -- Only to the extent that an audit is required by the Single Audit Act, the cost of audits necessary for the administration and management of functions related to grant programs are allowable.. 7) Interest and other Financial Costs - Interest on borrowings, however represented are unallowable. 8) Unsubstantiated Costs - Unallowable. DOCUMENTATION REQUIREMENTS Class 1 -- Personal Services 1) Employee certifications must be on file in the City of Buffalo Department of Community Services before payroll can be reimbursed. 2) Payroll reimbursement is calculated on the basis of gross payroll plus employer's FICA. 3) Copies of timesheets signed by the employee and approved by the program director or board member must be submitted along with a copy of the payroll journal. The payroll period must be noted on the time sheets and correspond to the payroll register /journal submitted. If time sheets are not signed and approved, and do not show the period covered, the costs will be disallowed. 4) Employees must also sign in and out on a daily basis. The sign in sheets must be approved as evidenced by the signature of appropriate supervisory personnel. 5) If an established outside payroll service is used, and unemployment is paid each pay period and shown on the payroll register, unemployment insurance expense may be claimed each pay period. If such a payroll service is not used, NYS Exhibit H- HOPWA Subrecipient Requirements Agreement for Management, Implementation and Delivery of Services unemployment insurance costs should be submitted as of the end of the calendar quarter to which they apply, and must be accompanied by a copy of the quarter's federal 941 form and state WT -4B form showing that the amount was paid Class 2 — Utilities 1) A copy of the entire bill must be submitted for all utilities (except for the payment stub). Only the current portion of the bill will be reimbursed. Past due amounts shown will not be reimbursed unless the applicable prior bill is also included. Penalties and interest are not reimbursable. Class 3 — Travel & Transportation 1) The Subrecipient shall adopt a travel policy that at a minimum meets the requirements of the current City of Buffalo travel policy as determined by the City of Buffalo Corporation Counsel. The Subrecipient shall obtain written approval from the Executive Director of Strategic Planning for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose . of program administration and costs must be reasonable, Class 4 —.Materials & Supplies Competitively Bid Or Procured Through Price Agreement 1) All bills must be itemized and types of costs must have been approved within the scope of the budget for your contract. 2) Groups of same items, must have be competitively bids or be procured using an approved price agreement Once approved, the items purchased and prices paid should be equal to or less than the approved bid. Class 5 — Other Services 1) An approved fourth party contract must be on file for any independent contractor services. 2) Reserved 3) In order to claim insurance costs, costs must be supported by an invoice that identifies the type of insurance the policy period covered and the total premium amount. If the policy period does not agree with the contract period, or if costs are allocated between funding sources, provide a schedule showing how the costs are to be pro rated and /or allocated over the term of the policy and the grant period. Costs related to periods outside the grant period cannot be reimbursed. If partial payments are used to pay insurance, the schedule discussed in the prior Exhibit H- HOPWA Subrecipient Requirements Agreement for Management, Implementation and Delivery of Services paragraph should be submitted with each request for reimbursement and should show the individual payments made to date and the amount remaining to be paid. Class 6 -- Capital Outlay 1) All non - expendable items in excess of $5,000.00 are considered capital outlays. 2) Costs to place an asset in service should be included as part of the cost reported in capital outlay. Costs such as freight, installation, accessories such as cords for computers or printers are necessary to obtain and make the asset work and should be included as capital outlay. 3) These items require three bids and approval through your program monitor. Once approved, the items purchased and prices paid should be equal to or less than the approved bid. 4) Any related supplies which were purchased at the same time and whose costs show on the same invoice should be separately reported as Class 4 expenses. For example, computer disks bought at the same time you purchased a computer should not be claimed as Capital Outlay costs but should be claimed as Supplies, Class 4. Attach the copy of the invoice to Class 6 and a photocopy to Class 4. 5) Each capital asset purchased should be claimed on a separate line in the Class 6 Expenditure Summary by Class form. For each capital asset purchased, prepare a "Capital Outlay Addition Form" and attached it to the class summary sheet (see form attached). A copy of this form should be retained for your inventory records. Note: The requirements stated above are not meant to be all- inclusive. There are many circumstances that may require further clarification, If you have any questions concerning an item, it is best to contact the City of Buffalo Department of Community Services before you submit it for reimbursement. Please contact the following: City of Buffalo Department of Community Services Phone Number (716) $51- 4026, The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to comply with the HOPWA Subrecipient Requirements. Vice Chair's Signature Date Exhibit H- HOPWA Subrecipient Requirements ADDENDUM TO AGREEMENT The parties agree that the following terms and provisions shall be incorporated into the Agreement as if fully stated therein: 1. From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. 2. If additional requirements not in effect at the time of execution of this Agreement are subsequently required by the City in order to process requests for reimbursements and/or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change, the requirements in effect at the time of the execution of this Agreement, or which were Iater amended through notice to the Subrecipient pursuant to this provision, shall be followed by the parties. above. IN WITNESS WHEREOF, the parties have duly executed this addendum on the date first written CITY OF BUFFALO M." Byron W: Brown Mayor ffim APPROVED AS TO FORM Timothy A. Ball Corporation Counsel CITY OF BUFFALO URBAN RENEWAL AGENCY BY: APPROVED AS TO FORM I: Brendan R. Mehaffy Scott C. Billman, Esq. Vice Chair General Counsel CDBG Program and Funding, HOME Program and Funding, HOPWA Program and Funding, and ESG Program and Funding (Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 25, 2014, be received and filed; and That the Common Council hereby authorizes the Office of Strategic Planning, on behalf of the City of Buffalo and the United States Department of Housing and Urban Development ( "HUD "), to continue to administer certain portions of CDBG, HOME, HOPWA and ESG through the City of Buffalo Urban Renewal Agency ( "BURA ") as a subrecipient of the City of Buffalo; and That the Common Council hereby approves the Office of Strategic Planning, Division of Real Estate, to enter into the following agreements: 1. The agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for the City of Buffalo CDBG Program Administration for the 2014 -2015 HUD Program Year ( "CDBG Agreement "); 2. The agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for the Administration and Implementation of the Home Investment Partnerships (HOME) Program for the 2014 -2015 HUD Program Year ( "HOME Agreement "); 3. The agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services through the Housing Opportunities for Persons With AIDS Program for the 2014 -2015 Program Year ( "HOPWA Agreement "; and 4. The agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services for the City of Buffalo Emergency Solutions Grant Program for the 2014 -2015 Program Year ( "ESG Agreement "). That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to ratify and confirm the actions taken to prepare the agreement; that the Common Council hereby authorizes the Mayor to execute the agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the subject funding; that the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning and /or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation, agreements and/or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreements and to facilitate and implement the City's receipt and utilization of the subject funding as well as all related reporting, monitoring and follow -up functions associated with the funding; and that the Common Council hereby authorizes the Corporation Counsel and other appropriate City personnel to negotiate to finalization said agreements and other necessary documentation and agreements wherever necessary for execution and actual 0 /G implementation of the improved and updated administrative arrangements and agreement which will be filed with the Common Council as in informational item. - - - ^A T, 014 me opl40-14 m,W,ga CDB PraBmm an0 F,,,I,g d PAMED I AYE* NO FONTANA FRANCZYK r GOLONMEK yy * yy T T T LOCURTO g � � PRIDGEN RIVERA. SCANLON *, smrm WYATT - [ MAT - 51 (� [213 - 6] [.3/4 - 7 ] - TO: THE COMMON COUNCIL DATE: September 24, 2014 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Former School 36 Elmwood Village Charter School's request to Adjust City's Reverter. Provision to Facilitate EVCS's Bank financing to Upgrade and Expand the School Ellicott District PRIOR COUNCIL REFERENCES: Item No. 8, C.C.P. 06/26/12 Your Honorable Body previously authorized the sale of the former School 36 property to the Elmwood Village Charter School ("EVCS "). Your Honorable Body required as a condition of the sale that the City retain a, right of reverter that would allow the City to take back title to the property in the event the property was no longer in use as a school. EVCS has closed on the acquisition of the school property and has been operating the property as a school and has now secured additional bank financing to upgrade and expand the number of classrooms and related facilities at the school. The lender requires a few reasonable adjustments to the right of reverter to protect its interest in the event that EVCS defaults in its mortgage loan repayment obligation to the bank. The lender has asked for a standstill agreement in which the City agrees not to execute the City's reverter rights for a period of up to 2 years from loan default/acceleration. The proposed standstill agreement is attached to this communication for your review. I am requesting that Your Honorable Body approve the standstill agreement in substantially the form attached hereto in order to facilitate EVCS's additional bank financing for the School. I am further requesting that Your Honorable Body authorize the Mayor to execute the standstill agreement and also that Your Honorable Body authorize City personnel to take such steps and actions as are reasonably necessary to facilitate EVCS's bank financing. DEPARTMENT HEAD NAME: TITLE: Brendan Mehaffy Executive Director of the Office of Strategic Planning SIGNATURE OF DEPARTAFNT HEAD: TAwp60V"UV \CC Comm former School36.dacx L � fJ STANDSTILL AGREEMENT R.fiGARDING 'QUIT CLAIM DEED WITH A RIGHT OF REVERTER ' - This Agreement is made as of the -day of 2014 between the City of Buffalo, a domestic municipal corporation, with an address at 901 City Hall, Buffalo, New York 14202 Cl Grantor"), with Northwest Savings Hank, a state chartered stock savings bank organized and existing under the laws of the Commonwealth of Pennsylvania,. with an address at 7 West Third Street, Jamestown., New York 14701 ( "Mortgagee "). RECITALS A. ' In consideration of the sum of $550,000, Grantor conveyed to Elmwood Village Charter School, a Board of Regents authorized charter school under the laws of the State of New York, with an address at 40 Days Park,l3uffalo, New. York 14201 ("Grantee "), property commonly known as 40 Days Park, Buffalo, New York (the "Premises ") pursuant to a Quit Claim Deed with a Right of Reverter dated November 21, 2011 and recorded November 22, 2011 in the Office of the Erie County Clerk in Liber 11212, page 3968 (the "Deed"), The Premises are more particularly described in Schedule A to the Deed. 3. The Deed states, among other things, that the premises are subject to a Right of Reverter (the "Right of Reverter") that provides that ownership of.the Premises sha11 revert to Grantor in the event that the Premises is not. continuously used as an active school for a period of more than six consecutive months in any given time during the 50 -year period commending on the date of delivery of the Deed to Grantee after notice thereof from Grantor. The Right of Reverter shall be exercisable by Grantor's unilaterally filing'andlor recording with the Erie County Clerk a certificate attesting to the fact that the conditions of the Right of Reverter are met and satisfied and that Grantor is exercising its Right of Reverter. C. Grantee is renovating and expanding the Premises and in order to finance the renovation of the Premises, has received a commitment for financing totaling as amount not to exceed $1,440,000 (collectively, the "Loan ") from Mortgagee, which will be secured by mortgages on'the Premises (singly and collectively and as the same may be modified, amended, extended, consolidated, augmented, supplemented, increased, replaced or substituted therefor, the "Mortgage'). D. It is a condition precedent to Mortgagee's closing and funding of the Loan that Grantor execute and deliver this Agreement. AGREEMENTS NOW, THEREFORE, in consideration of the preceding and other good and valuable consideration, the receipt and sufficiency of which are hereby. acknowledged, Grantor agrees for itself and its successors and assigns not to exercise the Right of Reverter so long as the Mortgage is a lien on the Premises or Mortgagee has an ownership interest in the Premises; provided, however, that Grantor's agreement not to exercise -its Right of Reverter will terminate upon the earlier to occur of (1) two years after the date of Mbrtgagee's unrescinded declaration of an event of default and the acceleration of the maturity of the `Loan or (2) 90 days after Mortgagee has received notification in wrift that the Premises have been cited for a' building code violation with a copy thereof accompanying such notice, unless the remediation of such building code violation cannot be effected within Q4 days and is being pursued diligently. This Agreement will inure to the benefit of each party hereto, its successors. and assigns. Except as set forth.in this Agreement, Grantor's rights under the Deed, including without limitation, its Right of Reverter, are not and shall not -be affected, modified, diminished or impaired in any manner-whatsoever. This Agreement may be executed in any number of counterparts, each of which when so executed will be deemed to be an original thereof, and such counterparts will together constitute but one and the same agreement. IN WITNESS WHEREOZ-Grantor has caused this Agreement to be signed by its Mayor and .Mortgagee has caused this Agreement to be signed by its duly authorized officer the day and year first above written, CITY OF BUFFALO By: Byron W. Brown, Mayor, City of Buffalo NORTHWEST SAVINGS BANK By: Name: Title: 2 STATE OF NEW YORK j } as.: COUNTY OF ERIE ) On this • day of in the year 2014, before me, the undersigned, personally appeared Byron W. Brown, personally known to me or proved to, me on the basis of satisfactory evidence to be the individual whose .name is subscribed to the within.irtstr=ent and acknowledged to me that he executed the same in his capacity, and that by his signature on the instr>ment, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK j COUNTY OF ERIE j On this -day of — , in the year 201, before me, the undersigned, personally appeared personally known to me -or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Doc #I942119.I Notary Public 3 c' Request to Adjust City's Reverter Provision — Former School No. 36 --- Elmwood Village Charter School (Ell)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated September 24, 2014, be received and filed; and That the Common Council previously authorized the sale of the former School 36 property to the Elmwood Village Charter School ( "EVCH "), and required as a condition of the sale that the City retain a right of reverter that would allow the City to take back title to the property in the event the property was no longer used for a school. EVCH has closed on the acquisition of the school property and has been operating the property as a school and has now secured additional bank financing to upgrade and expand the number of classrooms and related facilities at the school. The lender has asked for a standstill agreement in which the City agrees not to exercise the City's reverter rights for a period of up to 2 years from loan default/acceleration. That the Common Council hereby approves the standstill agreement in order to facilitate EVCS's additional bank financing for the school; and that the Common Council hereby authorizes the Mayor to execute the standstill agreement; and that the Common Council hereby authorizes City personnel to take such steps and actions as are reasonably necessary to facilitate EVCS's bank financing. PASSED C:\Users\lmcinski\AppDatakLocal\MicrosoftlWindows\ Internet Files\Content.0utlook10X32QV W61Request to Adjust Reverter F= School 36.docx I AYE* NO FONTANA T T T � FRANCZYK ' SCANLON Y � GOLQMBEK y * r � * LOCURTO T 4 y T T 2 RJ-.vJ GEN T y4 y I'[ 111 F•� H Ll l�l T JJ11L 1 T T T � * SCANLON * • y * �y T SN= T 4 y T T �J}�yp ■T 1ATT y T T y y T [------- _ - - - -] [ �rA.r 5 ] [213 - 6] [314 - 7] t 3 .. # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 22, 2014 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale — 2351 Delaware (Former Library) North Corner of Hertel Avenue Lot Size: 123'x 148.50' Assessed Value: Land: $56,200 Improvements: $54,800 Total: $111,000 Delaware District The Office of Strategic Planning, Division of Real Estate has received many inquiries from individuals interested in acquiring and developing the former library located at 2351 Delaware Avenue. The Office of Strategic Planning, Division of Real Estate, issued a Request for Proposal Package (RFP) for this property. The former library at 2351 Delaware consists of approximately 2,856 sq. ft. with an additional 2,736 sq. ft. in the basement. The building is located in the Hertel Avenue Special Zoning District. In accordance with Article 27 -5 of the City Charter, Sale by Appraisal, the City had the property appraised by KLW Group and they estimated the value to be Three Hundred Sixteen Thousand Dollars ($316,000). The City received three (3) proposals for the subject property. The RFP was advertised in the Law Section of Business First, the Front Page (South Buffalo News), West Side Times /Buffalo Rocket, The Challenger, the Riverside Review and was posted on the City web -site. The RFP was mailed to interested parties, Developers and Real Estate Brokers that inquired about the property. A for sale sign was also posted on the property. The proposals were reviewed based on the quality of the plan, accomplishment of other projects and neighborhood revitalization objectives, capability to implement the development plan and financial considerations The proposal submitted by Benderson Development Company, LLC was selected based on the proposed use, financing, and the Three Hundred Fifty Thousand Dollar ($350,000) purchase offer which is Thirty -Four Thousand Dollars ($34,000) over the appraised value and they will absorb the cost of demolition. Benderson Development has indicated that the project will be privately financed and will not be subject to any commercial loans or finalizing contingencies. They have also indicated that they are committed to fulfilling the policies of the City in regard to non - discrimination and affirmative action. All levels of the project will include the certified Minority and Women -Owned Business Enterprise participation. Benderson Development's proposal centers on a mixed -use theme, encompassing retail and potential office uses. The retail portion of the development will attract a select group of highly visible, highly qualified, small scale retailers. The office user will feature small scale office space conveniently tailored to the area. Total project costs are estimated at One Million Seven Hundred Fourteen Thousand Three Hundred Eighty -Seven Dollars ($1,714,387). Page 2 September 22, 2014 RE: Report of Sale — 2351 Delaware Avenue Pursuant to City Code Chapter 168 -5(B) (8). The City of Buffalo's environmental review ordinance exempts the sale of city property, under 50 acres, from SEAR review by designating it a Type 2 Action. In accordance with Chapter 168 -5 of the City Charter under Environmental Review — actions or classes which have been determined not to have significant adverse impact on the environment are classified as Type II actions. They do not require environmental impact statements or any other determination or procedure under this chapter. Section 168 -5 (B) (8) exempts the disposition, including sale, lease or other transfer of City owned property, provided that such parcel is less than 50 acres in size. The subject property shall be sold on condition that Benderson Development Company, LLC agrees to accept the property in "as is" condition; pay for the title search and title report, survey, transfer tax and recording fees; and provide the City of Buffalo with full release and indemnify as to environmental and other matters regarding the property. Absent such release and indemnity, the City could remain liable after the sale closing for environmental matters at the property. Equal Employment and MNVBE Provisions As an added community benefit Benderson Development Company, LLC has agreed to use its best efforts to pursue, a minority workforce goal of 25 %, a woman workforce goal of 5 %, a minority owned business enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction cost, to the extent that it is economically and technically feasible to do so. Employment Objective Benderson Development Company, LLC, has agreed to use its best efforts, through business tenants of their project, to give preference to persons residing within the limits of the City of Buffalo when filling employment vacancies or hiring new employees, in accordance with the City's desire to promote development of business within the City of Buffalo and or increase employment opportunities for Buffalo residents. Benderson Development Company, LLC has agreed to use its best efforts to list all new employment opportunities associated with the project at 2351 Delaware with the Department of Labor, Buffalo Employment Training Center (BETC) and Workforce Investment Board (WIB). Page #3 September 22, 2014 RE: Report of Sale — 2351 Delaware Avenue am recommending that Your Honorable Body approve the abandonment and sale of the former library located at 2351 Delaware Avenue to Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the Office of Strategic Planning in the amount of Three Hundred Fifty Thousand Dollars ($350,000) on condition: 1. The subject property will not transfer until Benderson Development or an entity to be designated by Benderson Development Company, LLC and approved by the Office of Strategic Planning receives all necessary Planning Board and Zoning Board approvals; 2. That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the Office of Strategic Planning accepts title in "as is condition ", 3. That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the Office of Strategic Planning pays for all closing costs including but not limited to title search and report, survey, transfer tax, recording fees, etc.; 4. That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the Office of Strategic Planning will provide a signed full release and indemnify to the City as to environmental and other matters regarding this property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME TITLE: Christie R Director -O' Nelson R�al Estate CRN:pIg C:capitassets12351 Delaware Report of Sale with RFP Final Sept 22 2014 1 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 22, 2014 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 46 Wasmuth — Vacant Lot West Side 430.66' North of Walden Lot Size: 33'x 105' Assessed Valuation: $1,100 48 Wasmuth, Vacant Lot West Side 463.46' North of Walden Lot Size: 29'x 105' Assessed Value: $1,300 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Joseph A. Ludwig P.O. Box 754, Buffalo, New York 14215 to purchase 46 & 48 Wasmuth. Mr. Ludwig intends to build a single family dwelling for his personal residence. He has provided sufficient proof of financial ability to complete the purchase and construction of said property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Ludwig commissioned Howard P. Schultz, Appraiser and he has estimated the value of the properties to be Two Thousand Six Hundred Dollars ($2,600). The appraisal report was submitted to the City of Buffalo Appraisal Review Board at their meeting of October 15, 2013 and they concurred with the appraiser's estimate of value. Mr. Ludwig has agreed and is prepared to pay Two Thousand Six Hundred Dollars ($2,600), Forty Cents ($.40) per square foot for the subject properties. I am recommending that Your Honorable Body approve the sale of 46 & 48 Wasmuth to Mr. Joseph A. Ludwig in the amount of Two Thousand Six Hundred Dollars ($2,600) on condition: 1. The subject property will not transfer until Mr. Joseph A. Ludwig receives Planning and Zoning Board approvals: 2. Mr. Ludwig agrees to accept title in "as is condition: l' i C F Page #2 46 & 48 Wasmuth September 22, 2014 3. Mr. Ludwig agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 4. Mr. Ludwig agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECT F REAL ESTATE OFFICE OF TRATtGIC PLANNING CRN:pIg C:inrem /privatesale /46 and 48 Wasmuth Report of Sale Report of Sale — 46 Wasmuth and 48 Wasmuth (Fill)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 22, 2014, be received and filed; and That the offer from Mr. Joseph A. Ludwig, P.O. Box 754, Buffalo, New York 14215, in the amount of Two Thousand Six Hundred Fifty Dollars ($2,600.00) for the purchase of 46 Wasmuth and 48 Wasmuth be and hereby is accepted upon the following conditions: 1. The subject property will not transfer until Mr. Joseph A. Ludwig receives Planning and Zoning Board approvals; 2. Mr. Ludwig agrees to accept the title in "as is" condition; 3. Mr. Ludwig agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and 4. Mr. Ludwig agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. 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 i C� C:4Use l.cirdiaLApp➢ataUcaI MicrosoftlWiudo�ralTempDmy Intemet FReslConteaLOutlwk10)02QV W65Repon of Sale 46 Wasmuth 48 Wasmulhdocx ro 'AYE* NO * FONTANA FRANCZYK y * y * GOLONMEK LOCURTO T J * T PRIDGEN RIVERA SCANLON 4 dd T yy TT ry ����ss. SN= T TT T T T WYATT y * [---- -------- ] _ T [ MAJ - 5 ] [213 - 6] [314 - 7] 0 1 7 �� #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 110/11 Office of Strategic Planning Real of Estate Account Clerk Typist Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 33,415 LAST JOB TITLE Comp. Clerk Span Speaking NAME Edwin Rosario LAST DEPARTMENT Citizen Services DATE 9/30/14 ADDRESS 58 Lafayette Ave LAST SALARY $33,019 CITY & ZIP Buffalo, 14213 LAST 4 DIGITS OF SSN. XXX -XX -4962 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 10314001 TITLE CODE NO 0401 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2014008 SALARY RANGE OF POSITION $31,754 - $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Current salary exceeds minimum amount (Promotional) . NAME OF APPOINTING AUTHORITY: Brendan R. Mehaff TITLE OF APPOINTING. AUTHORITY: Executive Director DATE: 09/18/14 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET . #6- DEPARTMENT #7- DIVISION #S- EMPLOYEE(S) �x FROM THE PRESIDENT OF THE COUNCIL Sept 30, 2011 0 E �t IRAN ?JVORKS, INC. Co )r_e_;QV_S r C,96CA) Serving the Nee& of Our C'urComerr S pace 1923 August 25, 2014 Mr, Darius G. Pridgen Ellicott District Common Council Member 1315 City Hail Buffalo, NY 14202 Dear Mr. Pridgen, Vet f13.b � o r�1 414 MCI- �' 128 s ycailmore , street 8u£falo, NSF "142644492 loll Free. (13) 2$5- 3t15�i t;'et (716) 854,7033 Fax: (716) $54411$4 Ntn %e ierlisonicom, Thank you for your time the other day to discuss our concerns over the Buffalo Green Code's "Unified Development Ordinance ". Per our conversation, we are requesting that there be an exception to the code for the future building plans at Eberl Iron Works, Inc. Currently, the proposed new ordinance for constructing buildings on property facing the Michigan Street Corridor would be limited by Corridor restrictions. The city's design office led us to believe that this would preclude buildings for light industrial applications, which our business is classified as. Our concern lies in the property that we currently own at 635 and 639 Michigan Ave. The new ordinance would limit the use of the lots and their full depth. Our enclosed conceptual site disposition drawing dated February 2009 shows a building (highlighted in Yellow) crossing over the middle and rear portions of these lots. The new ordinance would not permit this proposed light industrial use building. Eberl Iron Works, Inc. has been headquartered at 128 Sycamore St for over ninety one years. We are longtime members of the neighborhood and take pride in our property's appearance making regular improvements to keep our properties in a respectable and presentable manner. I have enclosed photos both a before and after of our recently acquired 103 Sycamore St. property. When a new larger facility is required we will work with the concerned parties to build the facility that meets the objective of the Michigan Street Corridor. We ask that the new Ordinance have an exception to permit Eberl Iron Works to build on the Michigan Avenue owned property the facility the conceptual drawing illustrates. Best Regards, REFERRED TO THE COMMITTEE ON LEGI$LATIQN. John C. Eberl CEO 1 qz Aucts. T F RouftapStyportSystems J'raffCSafet F0 VoismitliulritlnSuppurm meml1"Arkudon£e ;wm 5y tsmsYnstullat3onk�esEgn. W Cot- ncilmember Pridgen - Ellicott From: Ed Sullivan <sullivan238 @ road run ner.com> Sent: Friday, September 19, 2014 9:20 AM To: Councilmember Pridgen - Ellicott Subject Gt? VC,EA;Ll j - National Grid Property Dear Darius, When parking on Michigan St. at National Grid's property between Clinton, Elm, and Michigan I notice it is a mess. See photos to be sent. They have neighbors taking great care to fix up, renovate and maintain on all four sides. Can you pressure them to send a crew to pull weeds and sweep up once a month at least. This is in the middle of an area of downtown that is improving so nicely. They are a major corporation and should do their share. Regards, Ed Sullivan President EmbroidMe Buffalo (715) 432 -9735 Eds @embroidme- buffalony.com REFERRED TO THE COMMITTEE ON C01 MUNITY DEVELOPMENT. AND ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Sept 30, 2014 n cj 4� #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23, 2014 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10700 [: Install Metered Parking [: on Perkins Drive, south side [: between 169 feet east of the east curb of South Elmwood Avenue [: and a point 185 feet east therefrom [: (except No Standing and No Parking areas) [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx, C.C.P. xx/xx/xx) METERED 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING Perkins Drive, south side 2 Hour Maximum between 169 feet east of the east curb 8 a.m. to 5 p.m. of South Elmwood Avenue Monday - Friday and a point 185 feet east therefrom (except No Standing and No Parking areas) This action is being taken to allow for more on street metered parking in the downtown area. SJS/PJM/EDS/RWS CC: Kevin J. Helfer, Parking TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer RATE OF METERED PARKING Rate C $1 per hour (10700.dw) 91 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23, 2014 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10702 [: Install No Parking [: on West Ferry Street, north side [: between 528 feet west of the west curb of Delaware Avenue [: and a point 50 feet west therefrom (includes driveways) [: ( Delaware District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/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 West Ferry Street, north side At all times between 528 feet west of the west curb of Delaware Avenue and a point 50 feet west therefrom (including driveways) This action is being taken to provide better visibility for motorists exiting the driveway for 800 West Ferry Street. SJS/PJM/EDS/RWS TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer (to7oa.dx) #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23, 2014 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10703 [: InstaIl Handicapped Parking [: Washington Street, west side [: Meter Number 644 [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx, C.C.P. xx/xx/x) HANDICAPPED PARKING - INSTALL V 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 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION Washington Street, west side Meter Number 644 PERIOD OF HANDICAPPED PARKING At all times This action is being taken at the request of Goldberg Segalla LLP in order to provide on street Handicapped metered parking on Washington Street. SJS/PJM /EDS/RWS Cc:Kevin Helfer TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: po7oa.ax> RECEIVED SAND FILED #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 17, 2014 Q �' FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Contract #H0000147 [: Matt Urban Community Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 10204 PRIOR COUNCIL REFERENCE: (IF ANY) [: No. 19 CCP 10115114, No. 992 CCP 5113114 (EX.: Item No. CCP ) TEXT: I hereby submit to Your Honorable Body the following change for the Matt Urban Community Center Rehabilitation Project, Miller Enterprises, Inc., Contract # H0000147. 1. This change includes adding picket railings to the top of the outside walls of the handicap ramp. The foregoing change results in a net increase of the previously approved amount of Four Thousand Ten Dollars and 001100 ($4,010.00). Summary: Previously approved amount ............................. ............................... $ 148,251.00 Amount to be approved with this Change Order .... ............................... $ 4,010.00 Revised amount ............................................. ............................... $ 152,261.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in CH9M2047 — 47000 - Buildings. SJSIPJMIfg cc: Comptroller's Office Contract Compliance C. Getz, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: ALM-- 6 Change in Contract — Matt Urban Community Center Rehabilitation Project (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated September 17, 2014, be received and filed; and . That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $4,010.00 (Original Contract .Amount $148,251.00 + Change Orders #1 $4,010.00 for a Revised Contract Amount of $152,261.00) for the Matt Urban Community Center Rehabilitation Project, to Miller Enterprises, Inc. C #H0000147. Funding is available in Account CH9M2047 — 47000 —Buildings. PASSED Q1 UserslclehnerlAppDatalLocalMerosoft \Windows \Temporary Internet Fil eslContent .0utlookU5MLCEH51Change in Contract -Matt Urban CC.doex 0 'AYE* NO FONTANA FRANCZYK r GOLOMBEK LOCURTO PRID -TEN RNERA SCANLON Sham WYATT �. [MAJ- 5] ( (� [213 - 5] [3/4 - 7 ] - #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 17, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION. Buildings SUBJECT: [: Increase In Encumbrance [: Autumnwood Senior Community Center [: Rehabilitation Project [: CDBG Funded [: Year 37 -03200 PRIOR COUNCIL REFERENCE: (IF ANY) [: No. 29 CCP 11126113, No. 752 CCP 4115114 TEXT: I hereby submit to Your Honorable Body the following increase for the Autumnwood Senior Community Center Rehabilitation Project, Progressive Roofing, Inc., Contract # H0000175. 1. This change is for the additional construction required to provide suitable surfaces and attachment points for the new shingles and gutters. The foregoing change results in a net increase of the previously approved amount of Ten Thousand Three Hundred Ten Dollars and 001100 ($10,310.00). Summary: Previously approved amount .......................... I...................... $ 107,000.00 Amount to be approved with this Change Order .......................... $ 10.310.00 Revised amount .................................... ............................... 11 $ 710.00 3 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 CG9E2007- 470000- Buildings. SJSIPJMIfg cc: Comptroller's Office Contract Compliance Office C. Getz - Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Enc ii neer Signature of Department Head: _. \a q?) Increase in Encumbrance — Autumnwood Senior Community Center Rehabilitation Project — CDBG Funded — Year 37 -03200 (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 17, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $10,310.00 (Original Contract Amount $107,000.00 + Change Order #1 $10,310.00 for a Revised Contract Amount of $117,310.00) for the Autumnwood Senior Community Center Rehabilitation Project, with Progressive Roofing, Inc., Contract H0000175. Funds are available in Account CG9E2007 — 470000 —Buildings. PASSED C:NUTegr mciiOna AppDara51oWMicromflSWindow"\ Temporary Intemet Files%ConlentCutlook%GX72QVW6Vnci winFnne bmr - Aunununrood&Cdor CC Rehab.do �,r 1, a� *AYE* NO * FONTANA FRANCZYK T * * GOLOMBEK x * * LOCURTO m PRIDGEN RIVERA + T yy SCANLON y T T y TT T y T ry\ SN M WYATT * T � y * T - - - - -- - - - -� [MAT- 5] * Q [213 - 6] [314 - 7] # 1 (Rev. 1193) 6 1y SINGLE -PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 24, 2014 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. , C.C.P.) SUBJECT: [Permission to enter into Agreement wINYSDOT [Hire Engineering Consultant [PIN 5758.23 [South Ogden Street Bridge Replacement [South District Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Design and construction phases of the project related to Replacement of South Ogden Street Bridge over Buffalo River. In addition Permission is requested to authorize Commissioner of Public Works, Parks and Streets to enter into all necessary agreements with the engineering consultant Clough Harbour & Associate for the design, construction administration & inspection of the proposed bridge Replacement project. The consultant was selected from City's previously established short list of the consultants for the work on the locally administered federal aid projects. Also permission is requested for Commissioner of Public Works, Parks and Streets to commit in the first instance 100% of the Federal and Non- Federal shares of the necessary total costs of the project phases of which the federal share and State share are reimbursable. City share of total project costs is 5 %. Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects. PJM: sag DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer Permission to Engage Into Agreement — South Ogden Street Bridge Replacement (South) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 24, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to engage in an agreement with the New York State Department of Transportation ( "NYSDOT ") for the design and construction phases of the project related to the replacement of the South Ogden Street Bridge over the Buffalo River; and The Common Council hereby authorizes the Commissioner of Public Works, Parks and Streets to enter into all necessary agreements with the engineering consultant Clough Harbour & Associations for the design, construction, administration and inspection of the proposed bridge replacement project; and that the Common Council hereby authorizes the Commissioner of Public Works, Parks and Streets to commit the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases, of which the federal share and state share are reimbursable. The City's share of total project costs is 5 %. Funds for the project will be available the Capital Project Account for the Local Match of the Federal Aid Projects. PASSED C:I UsetsV rucinskilAppDataEocal \Microsoft\Windows \Temporary Internet Files\Ccntent.Outlook%OX32QV W6\Permission to enter into agre" Ogden St bridge.docx 0 *AYE* NO * FONTANA FRANCZYK T * GOLOM BEK m LOCURTO T LL T q� PRIDGEN RIVERA . SCANLON SMITH WYATT [-------- - - - - -] [ MAJ - 5 ] 0 [213 - 6] [314 - 7] 0 :1. 15 r #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 24, 2014 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Enter into Agreement w/NYSDOT [FHWA/NYSDOT PIN # 5756.83 [North Buffalo Rails- To - Trails Project [University District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No., C.C.P. Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for Construction and Construction Inspection phases of the project related to construction of the new trail, a Bicycle/Pedestrian pathway on NFTA abandoned railroad corridor between Main Street and Kenmore Avenue. Also Permission is requested to authorize Commissioner of Public Works, Parks and Streets to enter into all necessary agreements with the engineering consultant Watts Architecture & Engineering for the construction administration & inspection of the proposed project. City previously signed agreement with Watts consultant for Design Phase of the subject project. The consultant was selected from City's previously established short list of the consultants for the work on the locally administered federal aid projects. In addition, permission is requested for the City to pay in the first instance 100% of the Federal and Non- Federal shares of the necessary total costs of the project phases. This is a federal funded project and City's share is 20% of the total costs. The funds are available in our Capital Accounts. PJM: sag DEPARTMENT HEAD NAME: TITLE: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: 1 Permission to Engage Into Agreement --- North Buffalo Rails -to Trails Project (Univ) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 24, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for construction and construction inspection phases of the North Buffalo Rails -to- Trails Project related to construction of the new -trail, a bicycle /pedestrian pathway, on the NFTA abandoned railroad corridor between Main Street and Kenmore Avenue; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the engineering consultant, Watts Architecture & Engineering, for the construction, administration and inspection of the proposed project; and that the Common Council hereby authorizes the Commissioner of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non- Federal shares of the necessary total costs of the project phases, of which the federal share and state share are reimbursable. The City's share of total project costs is 20 %. Funds for the project will be available the Capital Account. C:\ Users\ Imcinski\ AppData\ LccallMicrosoRlWindows\Tempamiy Internet Files\ Content .Dutlook10X32QVW6Termission to enter into agree -N Sflo rails to itails.docx �J�� 6 'AYE* NO * FONTANA r FRANCZ * LL * yy T T rr GOLOMBEK * yy yy LOCURTO r PRIDGEN r R VERA R SCANL *. WATT [ MAT - 5 1 � {� [213 - G] [314 - 7] - 91 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 18, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Streets SUBJECT: [: Permission to Extend Veterinary [: Services Contract PRIOR COUNCIL REFERENCE: (IF ANY) Permission is hereby requested from Your Honorable Body to extend the contract with Buffalo Small Animal Hospital for veterinary services provided to the City of Buffalo Animal Shelter that expired June 30, 2014. This extension would be on a month -to -month basis and not to exceed December 31, 2014, to allow the City to reissue an RFP for these services. Buffalo Small Animal Hospital currently services the City of Buffalo Animal Shelter and have agreed to hold their prices throughout the requested extension time period. I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into an extension agreement. Funds for this contract are available in 15203006- 432002. SJS/PJM/jcs cc: P' Sullivan K. McCartney TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engine of 01i Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: •' ,:- 0 Permission to Extend Veterinary Services Contract (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 September 18, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to extend the contract with the Buffalo Small Animal Hospital for veterinary services provided to the City of Buffalo Animal Shelter. The current contract expired on June 30, 2014. This extension would be on a month -to -month basis, and not to exceed December 31, 2014, to allow the City to reissue a Request for Proposals (RFP) for these services. Funds for this contract are available in Account #15203006- 432002. . -U. C: 1IIserslclehnetiAppDaFalLocallMicroso @1WindowslTemporary Internet FilaslConten t- OutlookU5L19 Extension -vet services con[ract.docx \'I *AYE* NO * FONTANA FRANCZYK * * * GOLONMEK LOCURTO T T T PRIDGEN RTVERA # SCANLON m *. SMITH WYATT [---- --------- ) [ MAJ - 51 r1 [213 - 61 l V [3/4 - 7] 41 (Rev. 1193) 0 1 T ' 5 "' 40 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: September 25, 2014 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Buildings �5 J SUBJECT: [: Permission to Hire Consultant- Account Correction [: Police Headquarters [: Garage Floor Rehabilitation [: Job # 1420 [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) - [: Item #1439 of CCP of 7/8/2014 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for garage floor rehabilitation, Police HQ. The cost for consulting services is estimated not to exceed $16,000.00. Funds are available in 35323506- 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. SJS/PJM/DDC /cmg TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE. TITLE: Commissioner of Public W k _r s and Streets SIGNATURE OF DEPARTMENT ]HEAD: E Permission to Hire Consultant — Account Correction — Police Headquarters Garage Floor Rehabilitation (Fill) (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 September 25, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the Police Headquarters garage floor rehabilitation. The cost for consulting services is estimated not to exceed $16,000.00. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Account 935323506- 445100, Buildings. k50X32 VW61Permission to hire consultant-Mice H ara a Efoor.docx C. 1UsersSlrucinskilAppDate\ LocalSMicrosoftlWindowslTemporaryInternetFileslCon tent. Q c Qg g 6 'AYE* NO FONTANA FRANCZYK r � � GOLOMBEK r � � LOCURTO T � � PRIDGEN T � � RIVERA SCANLON . SMITH MO ATT ------------- [MAJ- 5] q� [213 - 61 l [314 - 7] 0 4 ° . F _x_ 'j b #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 5 � TO: THE COMMON COUNCIL DATE: Sept. 18, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Hire an Engineering Consultant; [: Permission to Receive Bids from [: Construction Contractors and [: Permission to Enter into Agreements with [: FHWA, NYSDOT, NFTA, BSA and [: City of Buffalo Water Board j: for the Design, Construction, Administration [: and Inspection of the [: Niagara Street Gateway Project — Phases 3 & 4 [: between Porter Avenue and Ontario Street [: City of Buffalo, County of Erie [: Ellicott District, Fillmore District & Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) [; The NYSDOT and the City of Buffalo have designated $10.100M for the design, construction, administration and inspection of Niagara Street Gateway Phases 3 & 4 Project between Porter Avenue and Ontario Street. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA, NYSDOT, NFTA, BSA and COB Water Authority. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. PJMIJDB:dab TYPE DEPARTMENT HEAD NAME TYPE TITLE: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: (Niagara5t PUMenteragreements- 091 814.doc) 6 ', Permission to Hire Engineering Consultant — Niagara Street Gateway Project, Phases 3 and 4 (Ell, Fill, and Nia) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 18, 2014, be 'received and filed; and That the Common Council hereby authorizes the Mayor and/or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration, New York State Department of Transportation, Niagara Frontier Transportation Authority, Buffalo Sewer Authority and City of Buffalo Water Authority for the design, construction, administration and inspection of the Niagara Street Gateway Project, Phases 3 and 4, between Porter Avenue and Ontario Street. The NYSDOT and the City of Buffalo have designated $10.100 million for this project. PASSED C :1UsemurucinskiLAppDatalLocalMurosoft%Windows%Tempomry Internet Files\ Content .outlook%ON32Q'VW6lPermission to hire consultant -Nia St gateway.docx P 'AYE* NO FONTANA FRANCZYK *. GOLONMEK LOCURTO T m * � PRIDGEN RIVERA SCANLON *. SN= WYATT --- ----- - - --] � [ MAJ - 5 [213 - d] [ 314 - 7 ] a :t #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL U� TO: THE COMMON COUNCIL DATE: 9/22/14 FROM: Department of Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Remove Boardwalk at Union Ship Canal [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: None The Buffalo Urban Development Corporation (BUDC) has requested of this department that the boardwalk be removed due to damage by ice and the prohibitive cost of replacement to make it able to withstand future damage by ice movement. The City of Buffalo Department of Public Works Parks and Streets supports this request and is hereby extending the request for approval by your Honorable Body. The City, by agreement with BUDC, is responsible for maintenance of the boardwalk, and removal will prevent the City from incurring future costs for maintenance. No City funds were expended in the original construction of the boardwalk. SJS:MJF:kem DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Cc: Andy Rabb Peter Cammarata - BUDC V O Permission to Remove Boardwalk at Union Ship Canal (South)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 22, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to remove the boardwalk at the Union Ship Canal due to damage by ice and the prohibitive cost of replacement to make it able to withstand future damage by ice movement at the request of the Buffalo Urban Development Corporation (`BUDC "). The City, by agreement with BUDC, is responsible for maintenance of the boardwalk, and removal will prevent the City for incurring future costs for maintenance. No City funds were expended in the original construction of the boardwalk. PASSED, C:l usersUm einskil AppDat&\ Local\MicrosoftlWindows\Temporary Internet FilesTontent,Outlook1OX32QV W 6Termission to R=,3ve Boardwalk.docx IP 0 'AYE* NO FONTANA FRANCZYK r GOLOMBEK LOCURTO T � * PRIDGEN T � RI VERA SCANLON *, SMrm WYATT [-------- - - - - -] [ MAJ - 5 ] [213 - 61 [ 314 - 71 - A t� #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 22, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets _ DIVISION: Buildings SUBJECT: [: Correction to Report of Bids [: Old First Ward Community Center [: Public Improvements Project [: Year 38 - 05200 PRIOR COUNCIL REFERENCE: (IF ANY) [: CCP # 67 of 1/21114, CCP # 1220 of 6110114, TEXT: I hereby submit to Your Honorable Body the following change for the Matt Urban Community Center Rehabilitation Project, Miller Enterprises, Inc., Contract # H0000147. 1. This change includes restoration of the metal skylight curb flashing at the peak of the roof, inspection, sealing of all metal hip flashing and installation of new thru - flashing according to plans and specifications. The foregoing change results in a net increase of the previously approved amount of Eight Thousand Three Hundred Dollars and 001100 ($8,300.00). Summary: Previously approved amount...... .................. ............................... $ 434,280.00 Amount to be approved with this Change Order .... ............................... 8,300m Revised amount ............................................. ............................... $ 442,580.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funding for this project are available in accounts CH9G2007 - 470000, 33320606 - 445100 and 34323506 - 445100 Buildings. SJS /PJM /JF /fg cc: Comptroller's Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: Report of Bids — Correction — Old First Ward Community Center (South) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 6, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order 91 in the amount of $8,300.00 (Original Contract Amount $434,280.00 + Change Order #1 $8,300.00 for a Revised Contract Amount of $442,580.00) for the Old First Ward Community Center Public Improvements Project — Year 38 - 05200. Funding is available in Account CH9G2007 — 470000, 33320606 — 445100, and 34323506 — 445100 — Buildings. PASSED C:1Use 'dmcin ldVAppDataV- ocallMicfmftlWindolvs Tempormy lnlemet FOle ContenfOUdwk5OX32QVWdgt eport afHids -0Id lst Wend CC do - ( a—\ v �E 'AYE* NO FONTANA r FRANCZYR r GOLOMBEK LOCURTO T PRD)GEN FJVERA. SCANLON *. smrm WATT [--- -------- -� [ MAJ - 5 [213 - 6] [ 3/4 - 7 ] '� 91 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: September 17, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group #784 -K [: Gill Alley Reconstruction . PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Alternate No.I Alternate No.2 Destro & Brothers Concrete Co., Inc. . $35,000.00 $5,000.00 $20,000.00 411 Ludington Street, Buffalo, NY 14206 Nova Site Company $70,600.00 $3,000.00 $28,000.00 6 Lena Court, West Seneca, NY 14224 I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award in the amount of $35,000.00. Funds for this contract are available in ##32000006- 445100, and/or an account(s) to be named at a later date. The engineer's estimate for this work is $32,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 31, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJF:kem TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: 6 /� N ki Report of Bids — Gill Alley Reconstruction (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 17, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for Gill Alley Reconstruction with Destro & Brothers Concrete Co., Inc., with a total bid of $35,000.00. Funding for this project is available in Account #32000006- 445100, and/or an account(s) to be named at a later date. TWIN MAN C:SUsersllmcinslilAppDatar mmI M msoftlWiadonslTempo[ary Intemet FileslContent0ii owk%OX32QVW6Uieport ofBids-0111 Alley.docz 'AYE* NO FONTANA FR.ANCZYK T * GOLONMEK r * * LOCURTO T * T � m PRIDGEN T � * RIVERA SCANLO1V � S1Y1H Fl YY 1AiJ. ["------ - - - - -] [MAJ- 5] (� [213 -6] [314 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: September 22, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group 084 -M [: Seneca Street Bike Lane Striping PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Alternate No.1 Alternate No.2 Accent Stripe, Inc. $24,495.00 $12,000.00 $9,000.00 3275 N. Benzing Rd. Orchard Park, NY 14127 I hereby certify that the low bidder for the above project is Accent Stripe, Inc. I respectfully recommend a contract award in the amount of $24,495.00. Funds for this contract are available in #31860006- 445100, and/or an account(s) to be named at a later date. The engineer's estimate for this work is $30,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 3, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJF:EDS:kem TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: _City En ineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: V1 0 4� Report of Bids — Seneca Street Bike Lane Striping (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 22, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for Seneca Street Bike Lane Striping with Accent Stripe, Inc., with a base bid of $24,495.00. Funding for this project is available in Account #31860006- 445100, and/or an account(s) to be named at a later date. PASSED C:SUser 44 cinsldWppDatalLcmt Microsofl%Windo%vs Tempomrylntetnet film )ContentffitloaklOX32QVW6lReport ofBidsSeneca St bike lane wiping.docx 1 'AYE* NO FONTANA r FRANCZYK * yy GOLOMBEK LOCUATO r r � � PRIDGEN r RIVERA SCANLON . SMITH * } y yy WYATT [-- ---------- [MAJ- 5 1 ( O [2/3 - 61 [3/4 - 7 ] oJ13 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: September 24, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group 4784 -L [: South Buffalo Spot Pavement Repair PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Destro & Brothers Concrete Co., Inc. $19,975.00 411 Ludington Street, Buffalo, NY 14206 Amherst Paving $20,016.25 330 Meyer Rd. Arnherst, NY 14226 Anadine Property Management $28,225.00 1048 Kensington Ave. Buffalo, NY 14215 I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award in the amount of $19,975.00. Funds for this contract are available in #30032106- 445100, and/or an account(s) to be named at a later date. The engineer's estimate for this work is $20,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 3, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJF:kem TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: Ci Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: aA Report of Bids — South Buffalo Spot Pavement Repair (South)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 24, 2014, be received and filed; and = That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for South Buffalo Spot Pavement Repair with Destro & Brothers Concrete Co., Inc., with a base bid of $19,975.00. Funding for this project is available in Account #30032106- 445100, and /or an account(s) to be named at a later date. PASSED A� C:S Usem )hucinsldtAppDettaU,OcallMicro ft%Wiudows%Temporau ante= tFiieslContentOuttook 4OX32QVW6Wgcrt ofHids -S Blfo sport pavement apairdecs *AYE* NO * FONTANA FRANCZYK y T y * T T GOLMOEK LOCURTO r PRD]GEN r T � * RIVERA SCANLON *. SNM $ WYATT [-- ----------- ] 4 [MAJ- 5 [213 - 6] [314 - 7 44 (Rev 7 -07) Revised Copy 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 ENGINEERING to the Position of ADMINISTRATOR Permanent, Provisional,'Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENTPERMAr. E T Open- Competitive, Promotional, Non - Competitive, (Insert one) OPEN- COMPETITIVE OPEN COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 67,603 LAST JOB TITLE Deputy Commissioner of Buildings & NAME Jason Shell Energy Management LAST DEPARTMENT Public Works, Parks, DATE 11 -03 -13 ADDRESS 480 Woodward Avenue Streets LAST SALARY $70,000 CITY & ZIP Buffalo, 14214 LAST 4 DIGITS OF SSN. XXX -XX -6532 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 1.3100001 TITLE CODE NO 3260 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -049 SALARY RANGE OF POSITION $59,009 - $69,321 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Per Union contract, prior position paid higher salary. . NAME OF APPOINTING AUTHORITY: STEVEN J. STEPNIAK TITLE OF APPOINTING. AUTHORITY: COMMIS IONER DATE: 9 -18 -2 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES 06 CITY CLERK (ON /BEFORE APPOINTMENT DAB OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #5- DEPARTMENT #7- DIVISION #8- EMPLpYEE(S1 Q� fug, #4 (Rev 7 -07) Ov Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of glj5" /%� Public Works, Parks & Streets Water Maintenance Assistant (Water) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) °GOenANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 38,241 LAST JOB TITLE Chief Pumping Plant Engineer (PROV) NAME Kathleen Kumro LAST DEPARTMENT DPW DATE 9114 ADDRESS 14 Sibley St. LAST SALARY $50,755 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003711 TITLE CODE NO 4730 BUDGET ACCT. 0BJ. 411001 PROJ, ID PERSONNEL REQ. NO 2014 -044 SALARY RANGE OF POSITION $33,389 - $38,241 PER YE 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 9115114 OTHER COPIES TO: #3- COMPTRC7LLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #$- DEPARTMENT #7- DIVISION #8 EMPLOY / ) q FROM THE COMMISSIONER OF FIRE Sept 30, 2014 94 (Rev 7 =07) ®.� ., C" '. 4) k , CLe 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: 9/15/2014 in the Department of Division of to the Position of FIRE FIRE SENIOR CLERK Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) hnf��4muw� (Enter Starting Salary) : Starting Salary of $ 35,582 LAST JOB TITLE NAME Denice Sole LAST DEPARTMENT DATE ADDRESS 12 Rosemary LAST SALARY CITY & ZIP Buffalo, New York 14216 LAST 4 DIGITS OF SSN. XXX -XX -0062 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP 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- 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 12131001 TITLE CODE NO 0020 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 2014 -018 SALARY RANGE OF POSITION $22,113 — 35,582 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Garnell W. Whitfield, Jr. TITLE OF APPOINTING. AUTHORITY: COMMISSIONER OF FIRE DATE: 152014 CS 4 SIGNATURE OF APPOINTING AUTHORITY: _:_0 0 A ORIGINAL + 2 CUPIES 1 U: LA I Y CLERK UNIBEFURE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) �� FROM THE CORPORATION COUNSEL Sept 30, 2014 ei 3 BYRON W. BROWN TIMOTHY A. BALL MAYOR CORPORATION COUNSEL CLAIMS COMMITTEE AGENDA Wednesday, October 8, 2014 -1:00 p.m. Council Chambers Hon. David A. Rivera, Chairman ----------------------------------------------- - - - - -- Personal In i ury ---------------------------------------------------- A. 1. Clementi, Dominic $ 15,000.00 A. 2. Edmund, Melissa $ 17,500.00 A: 3. Hayes, James $ 18,500.00 A. 4. Harris, Littie $ 5,000.00 A. 5 Landahl, Robert and Gail $ 25,000.00 A. 6. Paterson, Daniel and Rita $ 16,000.00 A. 7. Rashada, Daniel $ 15,000.00 A. 8. Richardson, Patricia and Glen $ 10,000.00 A. 9. Smith, Sandra $ 3,000.00 A. 10, Stoltman, Douglas $ 375,000.00 A. 11. Tyson, Kenya $ 5,000.00 Property Damage B. 1. Brown, Dennis $ 595.85 B. 2. Chairs & Tables $ 691.65 B. 3. Flare, Inc. $ 150.00 B. 4. Glasco, Charles $ 450.00 B. 5. Gugino, Ashley $ 400.00 B. 6. Hargro, Pearlie Mae $ 297,27 B. 7, Hicks, Tanisha $ 115.00 B. 8. Magierkski, Darlene $ 1,100.00 B. 9. Muhammad, Eartha $ 58.00 B. 10. Nassar, Jenna $ 145.29 B. 11. Paragon Subrogation Services, Inc. $ 1,500.00 B. 12. Pardi, Carmine $ 300.00 B. 13. Payton, Julia $ 1,000.00 B. 14. Pochron, Gary $ 154.22 B. 15. Robinson, Lauris $ 3,000.00 B. 16. Salter, Jim $ 1,000.00 B. 17. Williams, Alphonso $ 385.00 65 NIAGARA SQUARE / 1101 CITY HALL / BUFFALO, NY 14202 -3379 / (716) 851 -4343 / FAX: (716) 851 -4105 / www.city- buffalo.com 0 l - --------------------------------------------------------- Contract ----------------------------------------------------------- C. 1. HOZO Grant Agreement $ 485,120.00 ------------- - - - - -- - Prior Fiscal Year Invoices ----------------------------------------- - - - - -- D. 1. Academy of Fire Services $ 50.00 D. 2. AT &T Information Services $ 3,108.77 D. 3. Ball Toilet & Septic Services $ 673.60 D. 4. Batavia Legal Printing $ 1,674.82 D. 5. Bernard Beupin, M.D. $ 197.31 D. 6. Bison EIevator $ 3,826.96 D. 7. Buffalo Small Animal Hospital $ 3,777.33 D. 8. Denise C. Burger $ 252.00 D. 9. Command Security Corporation $ 11,838.00 D. 10. Vera Dujovic $ 396.00 D. 11. ECMC $ 1,109.70 D. 12. FOIT Albert Associates $ 350.00 D. 13. Goldberg Segalla $ 15,891.00 D. 14, Harbour Place Marina $ 285.00 D. 15. Julius Horvath, D.C. $ 1,094.06 D. 16, Jack W. Hunt Assoc. Inc., $ 371.49 D. 17. Adam Kaufman $ 700.00 D. 18. Marcia M. Langer $ 872:50 D. 19. Eric W. Lawson, Esq. $ 52.04 D. 20. Michael S. Lewandowski $ 4,214.90 D. 21. Magna Legal Services $ 687.00 D. 22. Michael Menard $ 400.00 D. 23. Metschl & Associates $ 495.15 D. 24, Modern Landfill $ 276.08 D. 25. Mohawk Truck, Inc. $ 212.59 D. 26. Orkin LLC $ 161.25 D. 27. Personal Computers, Inc. $ 9,517.00 - D. 28. Riverside Towing $ 70.00 D. 29. Rural Metro Services $ 1,158.46 D. 30. Sheila O'Sullivan $ 185.00 D. 31. PACER Service Center $ 99.68 D. 32. Thomas N. Rinaldo $ . 3,300.00 D. 33, Jeffrey M. Selchick, Esq. $ 15,212.76 D. 34. TYCO Simplex Grinnell $ 977.00 D. 35. Veritext Coprorate Services, Inc. $ 286.96 D. 36. WNY EMS Associates $ 812.04 -------------------------------------------------------- Miscellaneous ---------------------------- - - - - -- ------------------- E. 1. Callahan, Antoine $ 249.00 E. 2. Glinski, Timothy $ 2.00 E. 3. Hall, Ronald $ 765.00 E. 4. Johnson, Denise $ 2.00 E. 5. Pearson, Rinaldo $ 4,100.00 E. 6. Percesepe, Gary $ 350.00 � ------------------------------------------------- - - - - -- - For Discussion ---------------------------------------------------- F. 1. Buffalo Vets Little League, Inc. $ 8,000.00 F. 2. Ross, Patricia $. 3,427.42 F. 3. Valentin, Wensceslao $ 6,500.00 I EF RREE TO THE COMMITTEE ON CLAIMS® FROM THE COMMIS_ SIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Sept 30, 2014 To: The Common Council: From: Department Permit & Inspection Services Date: September 16, 2014 Division: Office of Licenses Subject: [: Food Store (New) [: 1727 aka 1733 Genesee (Fillmore) Type in Upper and [: Lower Case Only E [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( Tvpe Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1727 aka 1733 Genesee (THE CORNER STOREILARBI ADOUL) and find that as to foram is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES Type Title: Signature of Department Head: 7C:PS:jd r � PERKED TO THE COMMITTEE ON LEGISLViON. 3 I� Interdepartmental Memo Date: September 16, 2014 To: James Comerford, Commissioner From Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 1727 aka 1733 Genesee Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Fire Prevention Building Inspection Police Department Collection Office ❑ Application Director Permit & Inspe i n Services L ate REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: Iii 0111:,1111. ;� DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO THE CORNER STORE FOOD STORE 1727 GENESEE 1733 GENESEE FILLMORE COUNCIL DISTRICT LARBI ADOUI (585 )267 -0462 FST14- 10026454 q'A .............................. (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) A DATE: C, zp- DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: [ �- INSPECTOR: �l'�� - - RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716)85I -4478 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS LOCATED AT: COUNCIL DISTRICT APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BUILDING VINCE FERRARACCIO THE CORNER STORE FOOD STORE 1727 GENESEE 1733 GENESEE FILLMORE COUNCIL DISTRICT LARBI ADOUI (585)267 -0462 FST14- 10026454 q� June 25, 2014 - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL REMARKS: DATE: *`tREA`,ON FOR DISAPPROVAL MUST BE STATED BELOW * ** EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716) 851 -4078 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: POLICE MARGARET OVERDORF THE CORNER STORE FOOD STORE �j p 1727 GENESEE 1733 GENESEE FILLMORE COUNCIL DISTRICT LARBI ADOUT (585)267 -0462 FST14- 10026454 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) Jute 25, 2014 N. L APPROVED: DATE: / .s DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RE'T'URN THIS REFERRAL TO THE OFFICE OF ' LICENSES. THANK YOU. CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716) 851 -4078 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. CHRISTOPHER LASKY THE CORNER STORE FOOD STORE 1727 GENESEE 1733 GENESEE FILLMORE COUNCIL DISTRICT LARBI ADOUI (585)267 -0462 FST14- 10026454 2ND REQUEST -I ---------------------------------------------------------------- ----- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: Cf(C�(fL-1 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** September 08, 2014 REMARKS: INSPECTOR: C .�— RM# F EXT 7 �O AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO - LICENSE APPLICATION - 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 ` Phone (716) 851 -4078 Fax (716) 851 -4952 Type of Entity ❑ Sole Proprietor pWorporation ❑ Partnership ❑ Limited Liability Company fee fee © Restaurant 1 -200 seats $174.00 ❑ Restaurant Dance fee X Restaurant Take Out $ 88.00 ❑ 201 -400 seats ' $250.00 ❑ Floor Show $367.50 ❑ 400+ seats $350.00 ❑ Live Music $210.00 ;Food Store $115.00 ❑ Yes ❑ No Selling alcoholic bevera es7 ❑ Mechanical $131.25 er Ica e o nspec ion -� Q lit Tish P�13�` `TSt?.00 (Public Assembly) Restaurant 50+ seats 0 Public Dance (based on sq ft) © Caterer $ 88.00 ❑ Coin Control Amusement ❑ GoGa Dancing $131.25 © Bakery # games _ per game $47.25 0 Skating Rink $210.00 ❑ 0 -2 employees $ 63.00 ❑ Arcade # games _ per game $47.25 ❑ Bowling Alley per lane $31.50 ❑ 3 -10 employees $105.00 ❑ Music mechanical $52.50 # lanes ❑ 11- 15.employees $157.00 ❑ Music live, no dancing $52.50 ❑ Billiard Parlor per table $31.50 ❑ 26 -50 employees $315.00 ❑ News Stand $63.00 # tables ❑ 51 -200 employees $525.00 Corporation Name Business Name (dba) s• Business Address (no Po Box) X i i 3 G E sE si. Mailing Address (if different) S >E NYS Tax ID # !1. A- 7 0 Business Website Owner(s)/ Principal Partners Business Fax ( ) E-Mail Applicant (last, first) Home Pho Home Addres (P Box n t acceptable) s7 ._�AA�oeq r ; �_r. aeli�57r ,tx 1y61/ Date of birth ::A Place of Birth 'siA Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. 74i c 6 " C & 9 I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial For office use only As an authorized agent of the entity identified above, I certify the d ands orn before me information on this form is true, correct, complete and current - to the best ►y of 20 r of my knowledee and belief. Print Name Lv� � 0 � . 1� L , � Z1 , ier of Deeds -- City of Buffalo Signature ,ZC �;� � � Date - IQ -1 L4 Applicant must be present at time of A inspections Py M t �N QE W. N. Business Phone ( ) W --- � b 6 x. To: The Common Council: Date: September 16, 2014 From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 431 aka433 Grant St (NIAGARA) Type in Upper and [: Lower Case Only[: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx. C.C.P. xx/xx/xx) Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 431 aka 433 Grant St (MHCE'S MART/ALI MOHAMED.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: 7C:PS:jd QY 0 Interdepartmental. Memo Date: September 16, 2014 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 431 aka 433 Grant St Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for F d Store application to the Common Council: Fire Prevention Building Inspection Police Department Collection Office Application Director Permit & Inspection Services CITY OF BUFFALO a Department of Permit & Inspection Services :. Office of Licenses 65 Niagara Sq Rm. 301 s Buffalo, NY 14202 (716) 851 -4078 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BUILDING VINCE FERRARACCIO MIKE'S MART FOOD STORE 431 GRANT 433 GRANT NIAGARA COUNCIL DISTRICT ALI MOHAMED (313 )425 -6664 FST14- 10026294 5/30/2014 12:00:OOAM ------------------------------------------------ (TO BE COMPLET aHM August 28, 2014 y� -------------------- - - - - -- ------------------------------------------------------ 'NT REFERRED TO) PROVED: AT DISA_ P. ROVED: DATE: ' DISAPPROVAL DATE: REMARKS: * * * "ASON FOR DISAPPROVAL MUST BE STATED BELOW * ** r2W 1 � 7 - . RM# 5� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara 5q RnL 301 Buffalo, NY 14202 (716) 85I -4078 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE; . BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I'MrA DISAPPROVAL REASON: POLICE MARGARET OVERDORF MIKE'S MART FOOD STORE 0'. C, 43 T 433 GRANT NIAGARA COUNCIL DISTRICT ALI MOHAMED (313)425 -6664 FST14- 10026294 April 08, 2014 + �� 4. cj -------------------_-_---------.-=----------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (�, APPROVED: DATE: -- d — 4 � DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPRf3VE DATE: O DISAPPROVED:. DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF UK!, K— AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO - LICENSE APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 851 -4078 Fax (716) 851 -4952 Type of Entity Sole Proprietor Corporation 0 Partnership ❑ Limited Liability Company Corporation Name Business Name (dba) Business Phone e- rs Business Fax 4 Business Address (no P o sox) Mailing Address.(if differen NYS Tax ID # Owner(s)/ Principal Partners Applicant (last, first) _ 0 h i.n �ti� d 4 1 Home Address: PO Box not acceptable) - 1 H e- i �_ E- Date of birth Place of Birth Co- Applicant (last, first) Horne Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. "Fa Q 0 S - t o R C&.!,a.rr( / r Ui - IR, e- v /CAIGr =Slr�eo Home Pho to Al y Horne Phone 0 L(i f 7th 'f - �r ( t +r 1 - 01) 1`f"fJ L I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial Djr office use only As an authorized agent of the entity identified above, I certify the S b cribe d orn before me information on this form is true, correct, complete and current to the best d of of my knowledge and belief. C Print Name r` ' l lM C— i! ) Commis over of Deeds -- City of Buffalo — q Signature r Date App No p (� Applicant must be resent at time of all ins ections. 3usiness Website E -Mail fee fee fee ❑ Restaurant 1 -200 seats $174.00 ❑ Restaurant Dance ❑ Restaurant Take Out $ 88.00 ❑ 201 -400 seats $250.00 ❑ Floor Show $367.50 1:1400+ seats $350.00 ❑ Live Music $210.60 l�Food Store $115.00 ❑ Yes © No Selling alcoholic beverages? ❑ MechanicaI $131.25 er t tca e ol inspection $515.00 El meat [sit POUNTk 50 (10 (Public Assembly) Restaurant 50+ seats D Public Dance (based on sq ft) ❑ Caterer $.88.00 ❑ Coin Control Amusement ❑ GoGo Dancing $131.25 ❑ Bakery # games _ per game $47.25 ❑ Skating Rink $210.00 ❑ 0 -2 employees $ 63.00 ❑ Arcade # games T per game $47.25 ❑ Bowling Alley per lane $31.50 ❑ 3 -10 employees $105.00 ❑ Music mechanical $52.50 # lanes ❑ 11- 15.employees $157.00 ❑ Music live, no dancing $52.50 ❑ Billiard Parlor per table $31.50 ❑ 26 -50 employees $315.00 ❑ News Stand $63.00 # tables ❑ 51 -200 employees $525.00 Corporation Name Business Name (dba) Business Phone e- rs Business Fax 4 Business Address (no P o sox) Mailing Address.(if differen NYS Tax ID # Owner(s)/ Principal Partners Applicant (last, first) _ 0 h i.n �ti� d 4 1 Home Address: PO Box not acceptable) - 1 H e- i �_ E- Date of birth Place of Birth Co- Applicant (last, first) Horne Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. "Fa Q 0 S - t o R C&.!,a.rr( / r Ui - IR, e- v /CAIGr =Slr�eo Home Pho to Al y Horne Phone 0 L(i f 7th 'f - �r ( t +r 1 - 01) 1`f"fJ L I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial Djr office use only As an authorized agent of the entity identified above, I certify the S b cribe d orn before me information on this form is true, correct, complete and current to the best d of of my knowledge and belief. C Print Name r` ' l lM C— i! ) Commis over of Deeds -- City of Buffalo — q Signature r Date App No p (� Applicant must be resent at time of all ins ections. 3usiness Website E -Mail Food Store License (New) --- 431 Grant Street a/k/a 433 Grant Street (Nia)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated September 16, 2014, be received and filed; and 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 Mohamed d/b /a Mike's Mart located at 431 Grant Street a/k/a 433 Grant Street. G1UserslelehneMppDataVLocalVMicrosoft lWindowslTemporary ]hternet Files\Content .Guttouk\J%ECIH5lfood store license-new -431 Grant aka 433 CT=t.docx 6 AYE* NO FONTANA FRANCZYK * * * GOLONMEK LOCURTO PRIDGEN r T � * RIVERA SCANLON *. SMITfI MD ATT [---- --------- ] [ MAT - 5 (� V [213 -G] [314 - 7] __ y it p Communication to the Common Council To: The Common Council: Date: October 4, 2013 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Mobile Food Truck [: 11928 Wyandale Rd Springville NY (home address [ (new application) Prior Council Reference: (If any) [: Ext. : Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by Edward Gath @ Cruisin Crepes and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: } Department Head Name: JAM S COMERFORD, COMMISSIONER JC:cap #1 (Rev. 0512413) yq Q� 0 CITY OF BUFFALO MOBILE FOOD VEHICLE APPLICATION e 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 851 -4078 Fax (716) 851 -4952 - Food Truck License expires on April I. Type of Entity: ❑ Sole Proprietor 0 Corporation ❑ Partnership ['Limited Liability Company Corporation Name C e e S Business Phone Business Name (dba) C i 0 ' Business Fax ( j - Business Address (no Po sox) tt 13 W q AC) .Q 1 , VIq u y I I _e lk / ) I Mailing Address (if different) NYS Tax ID # Business Website E -Mail EaAkoa (�, L ( A-Coal Information for applicant and each corporate officer Applicant (last, first) Gq6a C �} Home Phone Home Address: (PO Box not acceptable) Corporate officer (last, first) Home Phone Home Address: (PO Box not acceptable) Include the following documentation: 1. Motor Vehicle Registration from NYS MVD 2. Valid Motor Driver's License of each vehicle operator from NYS MVD 3. Criminal background check of the applicant and each co orate officer 4. Erie County Health Permit 5. Insurances: a) Public Liability b) Food Products Liability c) Property Insurance Coverage of not less than $1,000,000 per occurrence. Insurance coverage must contain proof of a thirty (30) day cancellation clause with the certificate holder as City of Buffalo/Office of Licenses, 301 City Hall, Buffalo, 14202. 6, Worker's Compensation Insurance or, if no employees, an Exemption Certificate at www.web.state.nv.us 7. FEE: $800 (Renewed yearly at $500.) Subs bed and worn to before me this day of 201 I ' ner of Deeds in and for the ity of Buffalo, New York For office Use only App No 1 JIj t 4 90,2 9 C Medallion # O'�12? Date issued: Revised: May 2013 I AM AWARE OF THE FOLLOWING RESTRICTIONS: abide by parking/traffic laws; must operate from streets and public property and at Ieast 100 feet from an open licensed food establishment; has a `measuring wheel' with a capacity of no less than 500 feet; vehicle must be equipped with trash receptacles; permanently and prominently affix to the vehicle the issued decal; operate 500 feet away from a sanctioned Special Event; not valid in the special Downtown District. I am aware of the obligation to provide timely notice of any change in required information. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief Name and signature of applicant and each corporate officer Print Name l= d t>-M 0,k Signature � Date^ 1 To: Page 2 of 2 9/8/2014 1:55:37 PM EDT 18887637483 From: BOLT Insurance Agency ACORO® CERTIFICATE OF LIABILITY INSURANCE DADDfYYYY) 9/8 /20 THIS CFRTIFiCATE 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 ICONS. Allison Brinkerhoff BOLT Insurance Agency PHONE E . (800) 216 -4171 VAC. Na : Re60y 777 -2621 10 Waterside Drive abrinkerhoff @boltinsurance.com Suite 202 INSURER(S) AFFORDING COVERAGE I NAIC0 INSURED Metro — Crepes, LLC 11928 Wyandale Rd CT 06032 ted States SPRINWILLE NY 14141 1 IN COVERAGES CERTIFICATE NUMBER:CL149868249 REVISION NUM Irtw Is I GENIII THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE APFN RFnt ICFn Rv onln r.I aiuc: INSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MACE 7X OCCUR POLICYNUMBER kiGLO14GSGE7 POLICY MIOO! /0/2019 MM011IY XP 18/2015 LIMITS EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) S 5,000 PERSONAL & ADV INJURY $ 1, 000 , 000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER X POLICY 7 PRO- LOC PRODUCTS - COMPIOP AGG $ Included $ AUTOMOBILE LIABILITY ANY AUTO ALL AUTOS AUTO SCHEDULED HIRED AUTOS AUTOS NON-OW INEO SiNGLF UMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per sc6dent) $ PROPERTY DAMAGE ide $ $ UMBRELLALWB EXCESS LIAR OCCUR CLAIMS -MADE EACHOCCURRENCE $ AGGREGATE $ DEC) I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER /EXECUTNE ❑ OFFICERIMEMBER FXCLU OED7 (Mandatory in NH) Ifyes.dascnbe under DESCRIPTION OF OPERATIONS below I NIA WC STATU- O7H- E.L. EACH ACCfDENT $ EL. DISEASE - EA EMPLOYEE S EL. DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mares pace Is required) (716) 851 - 4952 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Buffalo ACCORDANCE WITH THE POLICY PROVISIONS. 65 Niagra Square AUTHORIZED REPRESENTATIVE City Hall Road 301 Buffalo, NY 14202 Grace Iorio /GIORIO "�•''� +t�� ��� +1 % wInaa UTU► 4GUKL 1GUKFOKATION. All rights reserved. INSn7F1qn I na rL, nrnon..�.... �..a L...n ".....s��...a.. „> . -non RECEIVED 09- 08 -'14 13:55 FROM- 18887637483 TO- COB- LICENSES P0002/0002 COUNTY OF ERIE HEALTH DEPARTMENT PERMIT The person or corporation hereinafter named is hereby granted permission to conduct the business of d(n) Food Service Establishment at the address stated below. This permit is issued on the express condition that the permittee conducting said business will comply with any and all applicable State, Local, and Municipal Laws, Ordinances, Codes, Rules and Regulations and may be revoked or suspended by the Commissioner of Hedth of the County of Erie for any failure on the part of the permittee to meet such legal requirements. This permit No. SWOT- 9MVJSU expires on 07/31/2015 unless suspended or revoked. Cruisin' Crepes 11928 Wyandale Road Springville NY 14141 Gale R Burstein, MD,, MPH Commissioner of Health OWNER/OPERATOR: Metro - Crepes LLC OPERATION(S): Mobile Food Service Establishment PERMIT CONDITION(S): THIS PERMIT IS NOT TRANSFERABLE AND MUST BE POSTED IN A CONSPICUOUS PLACE. 4 APPLICATION RELEASE FORM TOU HALED T0: Bela Police Department - Ide<at�catloa Section 74 Fnukb Street BuU' k New York 14202 1, 1 ,� f 9.2 n= t9 agl fop to process tw data. By MA payment MUST be made by money girder. D0N0T =d cLt for * the mail. h p mo% pgmat eau be made by money order or easla. Cbedm we not acmegted. Make money order payable to WeBum raw Be sore to bedode a stamped, eel[- addrrsaed ew&pe Be ad We bdormadan M be RL04 tayao, Complete aD E3e wff =6n b'sied bdo9r and have your ideafta den and dgsahn verMed by a NataryPMe 4r] ConaMwoer of Deer, as hated on the bottom of hb applieatbn. 'Vffiout toad compliance to these le0mcdow4 you WELL NOT receive the regartedhOrm mom ALL SIGNATURES MUST BE RT[ITAL NAME OFAMUCANT: c y'�`� MAIDENNAME: SEL. lMa [-e. CURRENTADDUSS: DATE OF BIRTH: SOCIAL SECURITY NUMBER: REASONFORREQUEST: SIGNATURE OF APPLICANT: DATE: STATE OF NEW YORK) COUMOFEM ) S5 MYOFNWA10 On the — DAY d IO Before me pemomdy 9ppeared Tome known to be #be gimme perwon dm&ed fa, and who the foregoing lostrumeut and aclmowledged the exem0ons ftmL 2— mer afDa* **** a ******* :*****TO BE CO BYIDENTIDIt1A1ION SECTIONP]IIIM + ** *+ant * Q RECORD ATTACM C� VERWM M. DATE VERWM NO MXM ONFILE NOTE: USE OF THIS IlITFDRMA.TION IS NOT BASED DN FINGERP 1 Fl IDENTIFICATION DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT YARD U1NM SETAWED. BUFFALO POLICE DEPARTMENT Report Gate: 09/08i2014 13:54 ` RAP SHEET Report Printed B NASCA, DEBRA S Page: 1 of 1 ~ RICI #: 07404692 NYSID #: 09126478 -H FBI #: 67143KB3 Master Name: GATH, EDWARD Sex: Male Master DOB: vaNNINJOW Race: White Current Age: 50 Ethnicit Most Recent Address: 11828 WYANDALE RD, * SPRINGVILLE NY 14141 US y' Non - Hispanic Arrest Date incident # Booking Name Note: The Charge dispositions show in bold beioW the original charge. Booking # Charges First Alias crs Law Section sun Att 01/11/1999 ECS 99-- 090230E GATH, EDWARD CI cat � eg NCIC Description 99 1320E -99 (A) 1 PI, 155.25 N GATH, EDWARD M A M 0 2399 PETIT LARL'Fniv * Not based on Fingerprints b Lam A IF .......... _0 U. Keep thiS document to show to the WOUce and cou 111111py MIA: T A5 X c=ep -r REVIEW TYPE- REFERRED TYPE- REFERRED TO: APPLICATION FOR: LICENSE TYPE: APPLICANT ADDRESS: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: 1;73105M CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 FIRE CHIEF MARK MORGANTI METRO CREPES EDWARD GATH MOBILE FOOD TRUCK 11928 WYANDALE RD SPRINGVILLE, NY 14141 (716)341 -3949 MFT14- 10029914 DISAPPROVAL REASON: .... ... ....... . . ...................................................... .... .................. ......... (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DISAPPROVED: DISAPPROVAL DATE:����� -. -- DATE: DATE: * *'REASON FOR DISAPPROVAL MUST 13E STATED BELOW * ** REMARKS: INSPECTOR: _ C C�.-� L_ _ _ R EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Mobile Food Truck — Cruisin' Crepes (DPIS) Mr. Smith moved: That the above item be, and above communication from the Commissioner of the Department of Permits and Inspection Services, dated October 4, 2013, be received and filed; and ' 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 Edward Gath of 11928 Wynandale Road, Springville, New York d/b /a Cruisin' Crepes is hereby approved. PASSED C: kUsersS lrucinski \AppDataV.ocallty[icrosoft\W indowslTemporery lntemet FilesTantent.0atlook\0X32QV W6Wubi1e Food Truck- Cruisin Crepes.doec 'AYE* NO * FONTANA FRANCZYK GOLGMBEK LOCURTO T r � * PRD)GEN a � RIVERA SCAMN * . SNM MaATT [MAJ- 5] [213 - 6] [3/4 - 71 * * * * * * �1� #3 (Rev I -02) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of 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: September 16, 2014 in the Department of Permit & Inspection Services Division of Inspections to the Position of Chief Combustion Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIFTH STEP JEnter Starting Salary) : Starting Salary of $56,142 LAST JOB TITLE Combustion Inspector NAME Mark Blake LAST DEPARTMENT P &I Services DATE ADDRESS 158 Dundee St. LAST SALARY 48,856 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAM E DATE ADDRESS CITY & ZIP LAST DIGITS OF SSN. XXX-XX= REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 2941 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2014 -Oft &! f SALARY RANGE OF POSITION $47,257 - $56,142 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9/24/2014 SIGNATURE OF APPOINTING AUTHORITY: It V ORIGINAL + 3 COPIES TO: CITY CLERK JON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICl iL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Q M, 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 appointrnent(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: September 10, 2014 in the Department of Permit & Inspection Services Division of Code Review to the Position of Supervising Building Code Specialist Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIFTH STEP Enter Starting Salary) : Starting Salary of $59,811 LAST JOB TITLE LAST DEPARTMENT LAST SALARY Building Code Specialist Permit & Inspection DATE $56,785 NAME Arthur Kostrzewa ADDRESS 221 Barnard St. CITY & ZIP. Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XX -XX -8051 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 16550001 TITLE CODE NO 3152 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2014 -034 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9/11/2014 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- 3` FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING Sept 30, 2014 01 44 (Rev 7 -07) 1 Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 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: SEPTEMBER 29, 2014 in the Department of COMMUNITY SERVICES Division of SENIOR SERVICES to the Position of COMPLAINT CLERK SPANISH SPEAKING Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PER T Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 33,526 LAST JOB TITLE SECRETARY TO COMMISSIONER NAME LIZBETH GONZALEZ LAST DEPARTMENT COMMUNITY SERV. DATE 9128114 ADDRESS 98 HENNEPIN ST LAST SALARY 34,980 CITY & ZIP BUFFALO, 14206 LAST 4 DIGITS OF SSN. XXX -XX -6054 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 15512001 TITLE CODE, NO 0016 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2014 -35 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: OTIS T. BARKER DEPUTY COMMISSIONER SEPT BER 18, 2014 ORIGINAL t 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( �Y FROM THE ZONING BOARD OF APPEALS Sept 30, 2014 ZONING. BOAR_ D. � 65 Niagara Square, 901 City Hall • Buffalo, NV 14202 -3318 Phone: (716) 85145082 a Fax: (716) 861 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Cynthia Battista 56 Columbia Parkway West Seneca, New York 14224 RE: 484 ABBOTT APPLICATION: #213365 Dear Ms. Battista: B Y RON W. BR OW N MAYOR k) Uc. Is f av,5 The Zoning Board of Appeals at its meeting of 9110114 adjourned your petition to convert and use a vacant building as a guest house for families with hospital patients at premises 484 ABBOTT. The Board requests that you meet with the Councilmember and establish both a business plan and a layout of the interiorlexterior of the property as you would like to have it prior to.the:next Board meeting. The next scheduled meeting of the Board is set for Wednesday. October 22, 2014 at 2 :OOPM at which you or a representative are expected to appear. Enclosed please find a copy of the lod in house parameters to help you along. Very truly yours, l ames. A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD 65 Niagara Square, 901 City Hall Phone: (716) 8511` 002 • CITY OF BUFFALO NEW YORK September 11, 2014 John Domres 96 Spann Street Buffalo, New York 14206 RE: 314 MYRTLE APPLICATION: #212494 Dear Mr. Domres: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110/14 approved your petition for a variance to convert an existing vacant building to a brewery at premises 314. MYRTLE. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration_ of said permit the applicant files the revised of final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS .OF APPEALS • Buffalo, NY 14202 -3318 Fax: (716) $51 -4388 ZONING BOARD 65 Niagara Square, 901 City Hall Phone: (716) 85145082 - CITY OF BUFFALO NEW YORK September 11, 2014 Carrie Nader 329 Plymouth Buffalo, New York 14213 RE: 329 PLYMOUTH APPLICATION: #212056 Dear Ms. Nader: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9/10114 approved your petition for a variance to use a 6 foot wood security fence at premises 329 PLYMOUTH, The Board allowed for the storage of small gardening materials if the fence can be beveled at the corner to allow for more view of traffic at the corners; AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any,permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, ?ames A. Lewis III, Chairman ZONING BOARD OF APPEALS OF APPEALS • Buffalo, NY 14202 -3318 Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Donald Cuddihy 506 Abbott Road. Buffalo, New York 14220 RE: 500 SOUTHSIDE APPLICATION: #212937 Dear Mr. Cuddihy: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to convert a former Church to offices at premises 500 SOUTHSIDE. AS A RPSULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511 - 117(6) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, ja Lewis III, Chairman ZONING BOARD OF APPEALS .OF APPEALS • Buffalo, NY 14202 -3318 Fax: (716) 851-4388 ZONING BOARD 65 Niagara Square, 901 City Hal! Phone: (716) 85146082 • ZONING BOARD 65 Niagara Square, 901 City Hall Phone: (716) 8514 082 - CITY OF BUFFALO NEW YORK September 11, 2014 Alexander Burgos 95 Perry Street- #104 Buffalo, New York 14203 RE: 500 SENECA APPLICATION: #213403 Dear Mr. Burgos: BYRWN W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9/10114 approved your petition for a variance to convert a portion of the existing building to a distillery at premises 500 SENECA. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST I4OW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and.effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS .OF APPEALS • Buffalo, NY 14202 -3318 Fax: (716) $51 -4388 ZONING BOARD 65 Niagara Square, 801 City Hall Phone: (716) 851,$0$2 • CITY OF BUFFALO NEW YORK September 11, 2014 Eric Heuser 1728 Braley Road Youngstown, New York 14174 RE: 334 NORTH OAK APPLICATION: #213270 Dear Mr. Heuser: BYRON 1N, BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to convert the existing building to a distillery at premises 334 NORTH OAK. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4'111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final . plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, James A_ Lewis III, Chairman ZONING BOARD OF APPEALS OF APPEALS • Buffalo, NY 14202 -3318 Fax: (716) 851 -4388 V-\ ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall Buffalo, NY 14242 -3318 Phone: (716) 851- 4 50 ,02 • Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Ray Kasprzyk 331 Breezy Prescott, Arizona 86301 RE: 2Q5 LOMBARD A !CATION: #213263 Dear Mr. Kasprzyk: BRRWN W. BROWN MAYOR . The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to convert a warehouse to a distillery at premises 205 LOMBARD. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, ames A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD 65 Niagara Square, 901 City Halt Phone: (716) 851460$2 - CITY OF BUFFALO NEW YORK September 11, 2014 Gerald Shaffer —Architect 5095 Old Goodrich Road Clarence, New York 14031 RE: 268 SUMMER APPLICATION: #213276 Dear Mr. Shaffer: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to erect and use a 445 SF one -story rear addition at premises 258 SUMMER. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514111 AND PAY ANY FEES THAT ARE REQUIRED. . Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS .OF APPEALS - Buffalo, NY 14202 -3318 Fax: (716) 859 -4388 ZONING BOARD-OF APPEALS 65 Niagara Square, 901 City Hall, • Buffalo, NY 14202 -3318 Phone: (716) 851 -�0?2 • Fax: (716) 551 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Tomasso Briatico 120 West Tupper Buffalo, New York 14201 RE: 2325 BAILEY APPLICATION: #213003 Dear Mr. Briatico: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to subdivide the property to create storage for an existing attached garage separately at premises 2325 BAILEY. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, $51 -4111 AND PAY ANY FEES - tMAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, ?ames A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD. OF APPEALS e -a' 65 Niagara Square, 901 City Hail . Buffalo, NY 142012 -3318 Phone: (716) 851 4002 - Fax: (716) 851-4388 CITY OF BUFFALO NEW YORK September 11, 2014 James Hearn 89 Whitfield Buffalo, New York 14220 RE: 89 WHITFIELD APPLICATION: #213232 Dear Mr. Hearn: BYOON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to.install and use a 19' x25' front yard parking pad at premises 89 WHITFIELD. The Board is requesting to revisit this item in one year to review the decision rendered. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED. . Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required pens and pay the balance owed on the permit application prior to 3110115, an extension pan be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, .46,- /Les A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD 65 Niagara Square, 901 City Hall Phone: (716) 851- - 5'6002 • CITY OF BUFFALO NEW YORK September 11, 2014 Bardi, Jurdi 4722 Meyer Road N. Tonawanda, New York 14120 RE: 401 HEWITT APPLICATION: #213246 Dear Mr. Jurdi: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to convert a one - family residence to a two - family dwelling at premises 401 HEWITT. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUf RED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant tiles the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, ? James A. Lewis 111, Chairman ZONING BOARD OF APPEALS OF APPEALS • Buffalo, - NY 14202 -3318 Fax: (716) 851 -4388 ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall - Buffalo, 14202 -33'18 Phone: (716) 851 - x'5082 • Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Ellen Parker 401 East Amherst Buffalo, New York 14215 RE: 401 EAST AMHERST APPLICATION: #212170 Dear Ms. Parker: BYOON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 approved your petition for a variance to install and use compressed natural gas fueling station in place of the diesel stations for "We Care" Transportation vehicles at premises 401 EAST AMHERST. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514111 AND PAY ANY FEES THAT ARE REQUIRED. Section 517- 117(B) of the Zoning Ordinance states that "no'decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said L decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." . Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, 6 , z - eD ames A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall - Buffalo, NY 14202 -3318 Phone: (716) 851- x'5082 • F ax: (716) 8514388 CITY OF BUFFALO NEW YORK September 11, 2014 Rich Meyers 578 East Schenck North Tonawanda, New York 14120 RE: 56 BIDWELL APPLICATION: #213005 Dear Mr. Meyers: BYRON W. B ROWN M AYOR The Zoning Board of Appeals at Its meeting of 9110114 approved your petition for a variance to enclose and use a second floor front porch at premises 56 BIDWELL, AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, $51 -4119 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (B) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with'said decision," Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, �+ 6�ames A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall Buffalo, NY 14202 -3318 Phone: (7l 6) 8514'*.2 - Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK September 11, 2014. Mark Antecki 156 Rivermist Drive Buffalo, New York 14202 RE: 494 PROSPECT APPLICATION: #212473 Dear Mr. Antecki: BYOWN W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9110114 received and filed your petition for a variance to convert the third floor of a 2 V story dwelling to a 5th apartment at premises 494 PROSPECT. The Board found that the application was not in need of a variance with the district allowing for the conversion. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8614111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511 - 117(6) of the Zoning Ordinance states that "no'decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final .plans with the Commissioner of Inspections. and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD. OF APPEALS 65 Niagara Square, 901 City Hail - Buffalo, NY 14202 -3318 Phone: (716) 851 - x_5082 a Fax:. (716) 851 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Marta Anastasio 98 Vilest Avenue Buffalo, New York 14201 RE: 98 WEST APPLICATION: #202027 Dear Ms. Anastasio: BYOWN W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9/10/14 adjourned your petition for a variance to install an 8' x 24' front yard parking pad at premises 98 VILEST. The Board's recommendation is to apply for a curb cut with Mike Murphy (851 -5384) allowing you to pave a driveway to the side of you home for parking thus eliminating the need for a variance. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511 - 117(6) of the Zoning Ordinance. states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision. Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 1�' 65 Niagara Square, 901 City Hall • Buffalo, NY 14202 -3318 i Phone: (716) 851- i'5082 - Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Kassim Abdulla 2483 Bailey Buffalo., New York 14215 RE: 2602 BAILEY APPLICATION: #211446 Dear Mr. Abdulla: BYRWN W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9/10114 approved your petition for a variance to re -open and use a store that was closed for more than one year at premises 2642 BAILEY. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED.. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you -file any required plans and pay the balance owed on the permit application prior to 3110115, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, A ( E) mes A. Lewis Ili, Chairman ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall • Buffalo, NY-11 4202-3318 Phone: (716) 851 -;tO$2 - Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Dave Hall 295 Main Street — Suite 210 Buffalo, New York 14203 RE: 1285 MAIN APPLICATION: #208171 Dear Mr. Hall: B ROON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9/10/14 approved your petition for a variance to use the pre - existing extension of the building into a residential district at premises 1285 MAIN. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8514111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3110/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, �Q amen A. Lewis III, Chairman ,ZONING BOARD OF APPEALS ZONING BOARD.OF APPEALS 65 Niagara Square, 901 Gity Hai! Buffalo, NY 14202 -3318 Phone: (716) 8514*2 • Fax: (716) 581 -4388 CITY OF BUFFALO NEW YORK September 11, 2014 Eran Harary 266 Elmwood Ave. - #170 Buffalo, New York 14222 RE: 147 KENSINGTON APPLICATION: #213250 Dear Mr. Harary: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9/10114 denied your request for variance to install and use a front yard parking pad at premises 147 KENSINGTON. The Board determined that a hardship was not proven to austify granting a variance for the parking pad. Very truly yours, ames A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED I FROM THE CITY CLERK ,9� Sept 30, 2014 ®_;. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 16, 2014 FROM: MAYOR /EXECUTIVE SUBJECT: MAYOR BYRON W. BROWN OUT OF TOWN TRAVEL PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Wednesday, September 17, 2014. I hereby designate Corporation Counsel Timothy Ball to perform the Mayor's duties in my absence. SIGNATURE: DEPARTMENT HEAD TITLE: rYOR, CITY OF BUFFALO RECEIVED AND FILED 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 September 19, 2014 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 Items Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which was passed by the Common Council on September 2, 2014 No 1713 Permission to Hire for Broderick Park Ph HI- Planning Historic Signage and Displays Agmt No 1807 Flea Market 145 Buffalo River (South)(EDPI) No 1813 Waive Event Fees - Moonlight Paddle Event -Hoyt Lake No 1814 Waive Special Event Fee - Seneca Nation Bflo Resource Center Event No 1815 Waive Permit Fees for Bflo Seminary Back to School Picnic No 1816 Waive Permit Fees--Elmwood Kiwanis Annual Fishing Derby No 1817 Waive Permit Fees for Parkside Oktoberfest 5K No 1819 Waive Event Fees -Meals on Wheels for WNY No 1820 Waive Park Rental and Event Fees - Woodside Community Church Picnic and Caz Park Hockey Pee Wee Kids Triathlon No 1821 Waive Park Rental and All Special Events Fees Associated with the 2014 Reunion No 1822 Waive Park Special Event Fees for Kids Days No. 1823 Waive Park Rental Fees for UYFL Kick Off Picnic No 1824 Waive Bandshell Permit Fees - Ken -Lang Day Was presented to the Mayor on September 5, 2014 and returned to the City Clerk on September 16, 2014 without approval or disapproval Respectfully submitted, .E WED AND FILED Gerald A. Chwalinski City Clerk SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 8, 2014 FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxlxx) FIRE DEPARTMENT; BUREAU OF FIRE PREVENTION [: AUTOMOBILE TRANSPORTATION ALLOWANCE The necessary forms to comply with the "Transportation Allowance" ordinance, Chapter III, Section 74, as requested by the Office of the Comptroller under date of June 11, 1969, are attached. These forms are for Ca t. Ronald Barrett an employee of the Buffalo Fire Department, assigned to the Bureau of Fire Prevention who has been utilizing his privately owned vehicle for official City duties since September 8 2014 , at the rate of $ 9.00 per diem SIGNATURE: 4 Ga o rnell �WW!hltheld, Jr. DEPARTMENT HEAD TITLE: Commissioner of Fire CCfile: AutoAllowance;RonadBarrett /l CERTIFICATE AUTOMOBILE TRANSPORTATIION ALLOWANCE BUFFALO FIRE DEPARTMENT (NAME OF DEPARTMENT OF CITY AGENCY) It is hereby certified that Ronald Barrett holding the office or position of Captain , (Title or Position) Bureau of Fire Prevention , in the Department or City Agency set forth above, of which I am the head, is required by reason of the nature of the duties of his office or position, to travel from. place to place within the City of Buffalo for the purpose of performing the duties of his office or position, and that by reason thereof, hereby authorize him to use his privately -owned automobile for such purpose. DATED: September 8 , 2014 Garnell W. Whitfield, Jr., Coma" ioner City of Buffalo Department of Fire REGISTRATION OF PRIVATELY OWNED Automobile used on City Business NAME Ronald Barrett HOME ADDRESS 69 Krakow Street, Buffalo, NY 14206 DEPT. OR DIV. Buffalo Fire Department/ Bureau of Fire Prevention AUTOMOBILE (Make /Model) Ford 1 F160 (Red) (Year) 2006 REGISTRANT Ronald J. Barrett REGISTRATION NO. MMGES608D LICENSE NO. GFB7964 VIN NO. . 1 FTPX12586NA34370 CITY of BUFFALO s _ DEPARTMENT OF FIRE 195 Court Street ® Buffalo; New York 14202 MEMO TO: City Auditor Department of Audit & Control Division of Payroll /Audit FROM: Buffalo Fire Department DATE: September 8, 2014 SUBJECT: Auto — Travel Allowance Please be advised that Captain Ronald Barrett , assigned to the Bureau of Fire Prevention , is authorized to receive automobile allowance for the use of his privately owned vehicle for City business. Effective date is September 8 2014 (see attached). Sincerely, BUFFALO FIRE DEPARTMENT ARNELL W. HITFIELD, JR.` COMMISSIONER Attachment CC: Comptroller's Office; Administration & Finance Services FILE: AutoAl Iowan ce ;PayrollAud it; Ronald Barrett Automobile Transportation Allowance (Fire) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated September 8, 2014, be received and filed; That the Common Council hereby approves the automobile transportation allowance for Captain Ronald Barrett, an employee of the Buffalo Fire Department, Bureau of Fire Prevention, who has been using his privately owned vehicle for official City duties. PASSED C1UseMmc das AppDala77.araRNFic ftlWindoms Temporaq Intemes Files} Content .OudwklOX32QVW6kAutomobile 7YauspeIAtiaa Mows .dxx 0 *AYE* NO * FONTANA r FRANCZYK r * * * GOLONMEK LOCURTO * ss PRIDGEN RIVERA # * T y * T T SCANLON * . T T WYATT -------- - - - - -1 [MAJ- 51 [213 - 6] r' l r- ., pn�t 1 Mal Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address 175 Allen Street 520 Elmwood 140 North Street Business Name Allen Birger Venture Saigon Cafe Lenox Grill Owner's Name Sabre Avalanche Group LLC Saigon Cafe LLC Flanders Vent LLC RECEIVED AND FILED 3 Sept 30, 2014 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law T0: Applicant Address and Principal Residence Address Community Board/Municipality: Satire Avalanche Group LLC City of Buffalo Allen Burger Venture Office of the City Clerk 175 Allen St 1308 City Hall Buffalo, NY 14201 1 Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: of Hearing: Room: Premises Address: 175 Allen St Liquor Authority Buffalo, NY 14201 101712014 3:00 pm FElectric Tower Building SLA Hearing ashington St. Room lo, NY 14203 An on- premises liquor license application was filed on 9/12/2014 with the State Liquor Authority for the following premises: Applicant's Serial 3155366 Number and Name: Sabre Avalanche Group LLC Premises Address: 175 Allen St Buffalo, NY 14201 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. STATE LIQUOR AUTH V DATE: September 24, 2014 `` w ; ! iii. BY: David L Edmunds, Deputy Commissioner FORM; L.0.3 (5111) mam STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law 0 - 9 TO: Applicant Address and Principal Residence Address Commun BoardlMunic alit : Saigon Cafe LLC City of Buffalo 520 Elmwood Ave. Office of the City Clerk Buffalo, NY 14222 1308 City Hall 1016/2014 Buffalo, NY 14202 FLt~ASt f AKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: Premises Address: 520 Elmwood Ave. NYS Liquor Authority Buffalo, NY 14222 1016/2014 11 :00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on- premises liquor license application was filed on 9103/2014 with the State Liquor Authority for the following premises: Applicant's Serial 3155330 Number and Name: Saigon Cafe LLC Premises Address: 520 Elmwood Ave. Buffalo, NY 14222 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE 1S REQUIRED. STATE LIQUOR AUT DATE: September _18, 2014 -_ _ _ BY: David L Edmunds, Deputy omrnissioner FORM: L.D.3 (5111) mam opla -rev 11/13/2013 OFFICE USE ONLY 49 E00riolnal O Amended Date State of New York P f FORM T d NOTICE OM or Providin a Advanced Notice to a Executive Department - - g - S D y Division of Alcoholic Beverage Control Local Municipality o,r Community Board State Liquor Authority (Page 1 of 2 of Forrrl 1, Date Notice was Sent; (mm /dd /yyyy) September 11, 2014 2. Select the type of Application that'will be flied with the Authority for an On- Premises Alcoholic Beverage License New Application [:]Renewal E] Alteration E] Corporate Change X❑ Class Change This 30 -Day Advance. Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3, Name of Municipality or Community Board City of Buffalo Applicant/Licensee Information 4, License Serial Number, if not a New Application: 3152964 Expiration Date, if not a New Application; 12/31/2014 5. Applicant or Licensee Name: lFlanders Vent LLC 6, Trade Name (if any): Lenox Grill 7, Street Address of Establishment: 140 North Street, Buffalo, New York 14201 8. City, Town or Village: Buffalo rNY Zip Code ;14201 9. Business Telephone Number of Applicant /Licensee: (716) 884 -1700 10. Business Fax Number of Applicant /Licensee: (716) 566 -1959 11, Business E -mall of Applicant/Licensee; aftrusso @roadrunner.com For New applicants, provide description below using all information known to date. For Alteration applicants, attach complete description and diagram of proposed alteration(s). For Current Licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12. Type(s) of Alcohol sold or to be sold: ( "X" One) ❑ Beer Only ❑ Wine & Beer Only ® Liquor, Wine & Beer 13. Extent of Food Service: ( "X" On 14. Type of Establishment; ( "X" all that apply) Restaurant (Sale of food primarily; Full Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol �) food menu; Kitchen run by chef} ❑ sales prlmarlly; Meets legal minimum food availability requirements ® Recorded Music M Live Music ® Disc Jockey ® Juke Sox [] Karaoke Bar ❑ Stage Shows ® Patron Dancing (small scale) ❑ Cabaret, Night Club (Large Scale Dance Club) ® Catering Facility E] Recreational Facility (Sports FacilltyNessel) 0 Club (e,g. Golf Club /Fraternal Org.) F Bed & Breakfast Seasonal Establishment 15. Licensed Outdoor Area: ( "X" all that apply) ® None [] Patio or Deck L] Rooftop ❑ Garden /Grounds [] Freestanding Covered Structure Sidewalk Cafe E] Other (specify): Page 2 1 411 ' opla -rev 11/13/2013 OFFICE USE ONLY 49 State of New York O original a Amended Date Executive Department Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Division of Alcoholic Beverage Control Local Municipality or Community Board State Liquor Authority JEac e 2_of 2 of Form), 16. List the floors) of the building that the establishment is located on: 9 17. List the room number(s) the establishment is located in within the See Attached (Hotel Rooms) and Dlning Room (restaurant) bar building, if appropriate: and banquet rooms 18, Is the premises located with 500 feet of three or more on- premises liquor establishments? ❑ Yes ® No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? ® Yes [] No 20. Does the applicant or licensee own the building in which the establishment is located? ( "X" One) [] Yes (if Yes SKIP 21 -24) ® No Owner of the Building in Which the Licensed Establishment is Located 21, Building Owner's Full Name: AFT Lenox, LLC 22, Building Owner's Street Address: 140 North Street 23. City, Town or Village; Blo State: New York Zip Code :14201 uffa 24. Business Telephone Number of Building Owner: (716)881 -7221 Attorney Representing the Applicant in Connection with the Applicant's License Application Noted as Above for the Establishment Identified in this Notice 25. Attorney's Full Name: IChanel T. McCarthy 26. Attorney's Street Address: The Knoer Group, PLLC, 424 Main Street, Sulte 1820 27, City, Town or Village: Buffalo State: New York Zip Code :14202 28. Business Telephone Number of Attorney: (716) 332 -0032 29. Business Email Address of Attorney: cmccarthy @knoergroup,com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license, Representations In this form are In conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result In disapproval of the application or revocation of the license, By my signature, I affirm - underPenalty of Perjury - that the representations made In this form are true. 30. Printed Name; Anthony F. Trusso Title Sole Member Signature: X Page 3 1 A l ,, Flanders Vent, LLC d/b /a The Lenox Grill Serial No. 3152964 September 8, 2014 Attachment The list of hotel rooms to be licensed includes the following Room #'s: 1. 116 2. 124 3. 443 4. 512 5. 543 6. 612 7. 636 8. 712 9. 735 10.736 11.821 12.822 13.824 14.828 15.832 16.834 17. 835 18.836 19,845 20.846 Existing licensed premise includes The Lenox Grill, Serial No. 3152964. 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 - Abigail Rodriguez. Linda McDonald. Clara Daniszewski. Amelia Fernandez 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. Sept 30, 2014 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL`S TO: THE COMMON COUNCIL DATE• FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. (Item No. xxx C.C.P. xx/xx/xx TEXT: (TYPE SINGLE SPACE BELOW Report Technician Abigail Rodriguez, assigned to City Court Booking has been granted - a medical leave of absence without pay for the period of 38 days commencing August 24, 2014 through September 30, 2014. DD /tIo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12e (10112) J DATE: NAME: L I eI L- ' 1/1 % lI l 1 6 RANK: 4 *SSN: XJ-XX rte' ASSIGN: *LAST FOUR (4) DIGITS ONLY* TYPE QF LEAVE EDUCATIONAL. ❑' MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA (SEE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MUST-ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE PEA) IS A 12 WEEK LEAVE (THE W MMITTEW MA 13 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 FCPM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE W1LL RESULT IN THE LOSS OF IN PERFECT ATTENDANCE BENEFIT _ • SWORN MEMBERS REQUESTING A LEAVE. OF ABSENCE IN EXCESS OF TFIMTY (30) DAYS OR A CONSECUTWE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SUMENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE; WREATH AND ID CARD PRIOR TO TIE STARTOF THOU LEAVE FAILURE TO DO SO WILL RESULT 1N THE REVOCATIONOF70 LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER ASBEINGAWOL EXPLANATION OF LEAVE ! f DATES OF LEAVE BEGINNING DATE: END DATE: J: lk RETURN TO WORK DATE: ✓�/ �rt': , f ` ` f �' ,I - 4 _ L: f LENGTH OF LEAVE: t k ( EMPLOYEE SIGNATURE e 91 ivQ) I ❑ DENIED (APPROVAL CON>?MONED UPON SURRENDER OF DFJARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE APPROVED I ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPAR'T'MENTAL EQUIPMENT) COMMISSIONER OF POLICE DA'T'E cc: ORIGINAL — ADNIINISTRAUON AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: �5 % FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: UNPAID LEAVE OF ABSENCE l� f� I� PRIOR COUNCIL REFERENCE: (IF ANY) j : Item No. Ex. ( Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOV+ PO Linda McDonald, assigned to the A- District has been granted an extension to her medical leave of absence without pay for the period of 4 days commencing September 18, 2014 through September 21, 2014. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: " °'° P -12e (10112) •l *SSN: *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL ❑ EMPLOYMENT ❑ FMLA (SEE BELOW) ❑ MILITARY ❑ (MUST-ATTACH ORDERS) MATERNITY ❑ PERSONAL ❑ MEDICAL (MUST ATTACH MEDICAL DOCUMENTATION) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE ("M Iri1TEkMITTENT FMLA IS A IS A 12 WEEK 1480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE 7IME) FOR CARE OF CT11LD, 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 TBE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCs'SS 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, WIIEATHAND ID CARD PRIOR: TO THE STARTOF UM LEAVE FAILURE TO DO SO WILL RESDLT INTHEREVOCATIONOFTff LEAVE OFABSENCE AND THE CARRFEW OFTHEMEMBERASBEINGAWOL ONES OF LEAVE- BEGINNING DATE: END DATE: RET M TO WORK DATE: LENGTH OF LEAVE: DYES SIGNATURE OVED / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENIIEROF DEPARTMENTAL EQUIPMENT f CE INSPECTOR DA'Z'E - APPROVED/ [] DENIED (APPROVAL CONDITIONED UPON SURRENDER OF AEPAR ALE UVNM) 4 COMMISSIONER OF POLICE f : DATE cc: ORIGINAL -- ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUES71NO EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL 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) Item No. Ex. (Item No. xxx C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW Civilian School Crossing Guard Clara Daniszewski, assigned to the C- District has been granted a wedical leave of absence without pay for the period of 26 days commencing September 11, 2014 through October 6, 2014, DDltlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: - - -- �- "" - - -- P- 12c (10112) \9) DATE: q 1 `-I NAME: _ CCG_ iZP+.caS *SSN: XXX -XX- 65 *LAST FOUR (4) DIGITS On EDUCATIONAL ❑ EMPLOYMENT ❑ FMLA (SEE BELOW) ❑ MILITARY ❑ (MUST ATTACH ORDERS) RANK: 0—roSgi G ASSIGN: MATERNITY ❑ PERSONAL ❑ MEDICAL (MUST ATTACH MEDICAL DOCUMENTATION) THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE (M INTERMITTENT FMLA IS A IS A 12 WEEK / 480 HR DAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR; CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) + THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT + SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER 'THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESVLT.7V THE REVOCATION OF T &LEAPT OF ABSENCE AND THE CARRYING OF THE MEMBER ASBEMAWOL EXPLANATION OF LEAVE DATES OF LEAVE BEGINNING DATE: [it I'd END DATE: 1 o l u 1 t RETURN TO WORK DATE: _ Nt? h 1. t%A LENGTH OF LEAVE: 1ov.,vf c "den -16c' C ic Fa- -- oan't L'tsk� EMPLOYEE SIGNATURE APPROVED / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDEROFDEPARTMENTAL EQUIPMENI� POLICE INSPECTOR DATE APPN2M D / ORENIED (APPROVAL CONDITIONED UPON SURRENDER OF CONMSSIONER OF POLICE cc: ORIGINAL - ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL CONIIvIANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL \� TO: THE COMMON COUNCIL DATE: ' FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: 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 BELOW Police Surveillance Camera Monitor, Amelia Fernandez, assigned to Video Surveillance Room has been granted a medical leave of absence without pay for the period of 9 months commencing September 10, 2014 through May 10, 2015. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Comm' loner of Police SIGNATURE OF DEPARTMENT HEAD: P -12e (10112) DATE: q *SSN: 2QQL *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL ❑ EMPLOYMENT ❑ FMLA (SEE BELOW) ❑ MILITARY ❑ (MUST•ATTACH ORDERS) RANK: ASSIGN: MATERNITY ❑ PERSONAL � ❑ MEDICAL (MUST ATTACH MEDICAL DOCUMEIITATIOM • THE FAMILYM ®ICAL LEAVE OF ABSENCE MIA) IS A 12 WEEKF_,F,.AVE (TILE ]NMMI IEN'T FKA LS 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 TILE PERFECT ATTENDANCE BENEFTf • SWORN .MEN MERS REQUESTING A LEAVE OF ABSENCE IN EXCESS- OF TLIIIITL (30) DAYS OR A. CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SMMMER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FALGURE TO DO SO WILL RESULT 1N THE REVOCATIONOF ME LEAVE OFABSENCE AND TSE CARRYING OFTSEMEMBERASBEINGAWOL EXPLANATION OF LEAVE J Cun l (,i o o !i r n o VATE OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: r 10 0 00 V :;Kj =-' ` vki 0 C,+ [ f EMPLOYEE SIGNATURE ZjYV Pi0M 1 ❑ DEN W (APPROVAL CONDITLONELI UPON SURRENDER OF DEPARTMENTAL EQUJPM gNT) POLICE INSPEC'T'OR DA'T APPRO DENIED (APPROVAL, CONDITIONED UPON SURRENDER OF DFXAR ALE NpMENT) COMMISSIONER OF POLICE ATE cc: ORIGINAL. - ADMINISTRATION AM FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE AD MDUSTRATION PAYROLL Co ICER No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. Sept 30, 2014 ` 94 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I furthef 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 September 23, 2014 Common Council South Council District Intern VIII Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ 15.00 NAME Patrick M. Scanlon DATE ADDRESS 201 Cumberland Avenue CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -)(X-3016 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAS 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1777 BUDGET ACCT. 00J. 412002 PROJ. ID PERSONNEL REQ. NO 5511 SALARY RANGE OF POSITION $15.00 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: September 23, 2014 SIGNATURE OF APPOINTING AUTHORITY: _� ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) Q1» - ' No. Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Sept 30, 2014 qO #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: t in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open- Competitive Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.66 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Tyrone Harris DATE ADDRESS 145 Briscoe Ave. CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2014 -065 SALARY RANGE OF POSITION .$12.66 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ' Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9116114 SIGNATURE OF APPOINTING AUTHORITY: i c OTHER COPIES TO. #3- COMTROLLER #4 HUMAN SERVICESICIVIL SERVICE , #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPL OYEE(S) G 94 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: U f in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) SFASONIAI Open - Competitive, Promotional, Non- Competitive, Exempt (insert one) NON - COMPETITIVE Minimum, intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.66 LAST JOB TITLE NAME Brandon Logan LAST DEPARTMENT DATE ADDRESS 31 Burnie LAST SALARY CITY & ZIP Buffalo 14208 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 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2014 -065 SALARY RANGE OF POSITION $12.66 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY:. Steven J. Stepniak ^ TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9116114 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL k 2 COPIES IN: CI I Y GLEKK Mlbtt ANPUIN I MEN I DA I E) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESQVIL SERVICE #5- BUDGET #fi- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) C� #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) cEnent`InI Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.66 LAST JOBTITLE Supervising Lifeguard NAME Edgar Rodriguez LAST DEPARTMENT DPW DATE 9/14 ADDRESS 26 Argus St. LAST SALARY $12.66 hr. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2014 -058 SALARY RANGE OF POSITION $12.66 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: , Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9116114 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 UUI'I I U: U1 I r C:L=KR Urv/ntrVrcr- nrrVIN I mir -141 uy1 c OTHER COPIES TO: #3- CO PTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE (S F1 k 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. Sept 30, 2014 �k #3 (Rev 1 -02) ` Certificate of Appointment 1t� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: September 16, 2014 in the Department of Assessment and Taxation Division of to the Position of Account Clerk Typist Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Nan - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP (Enter Starting Salary) : Starting Salary of $31,754 LAST JOB TITLE Intern NAME Kathleen Battel LAST DEPARTMENT Common Council DATE 0112014 ADDRESS 64 Fuller Street LAST SALARY $12.661hr CITY & ZIP Buffalo New York 14207 LAST 4 DIGITS OF SSN. XXX -XX -6231 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0401 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2013 - 238 SALARY RANGE OF POSITION $31,754 - $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING Martin F. Kenned Commissioner September 11, 2014 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET 08- DEPARTMENT #9- DIVISION #10- EMPLOYEE( #3 (Rev 1 -02) Certificate of Appointment Z' I !, In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: September 15, 2014 in the Department of Assessment and Taxation Division of to the Position of Account Clerk Typist Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP Enter Starting Salary) : Starting Salary of $31,754 LAST JOB TITLE Private sector NAME Kaylin Martinez LAST DEPARTMENT DATE ADDRESS 785 Perry Street LAST SALARY CITY & ZIP Buffalo, New York 14210 LAST 4 DIGITS OF SSN, XXX -XX -7657 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 10647001 TITLE CODE NO 0401 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2014 -031 SALARY RANGE OF POSITION $31,754 - $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Martin F. Kennedy TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: Septem 11, 2014 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO #5- COMPTROLLER 06- HUMAN SERV[CESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10 - . EMPLOYEE(S) #3 (Rev I -02) Certificate of Appointment In compI1ahca wllh provisimia of SectWn 74.2 of dro Curler god Chaptev 3i -I of the Ordinances of dre City of Rd" Itrannnit this certltloft of appomtment(o or pmmotiun(s),I AM*r oerdfy that 1ha porsmi(s) t+WW in Schedule W have been ceRified or approved by the Ylrgom ItevmucerlCtva Service tatthe AppointmentEffeedve: 09122114 is t11ti Depniment of POLICE Division of Building Maintenance to the Position of Laborer If (insert One) : PERMANENT (Insert One) : APPOINTMENT (Insert One) : at tire: FIRS:Y STEP IDA& Starting Way); Starting Salary of: $23,553 Schedule "A" LAST JOB TITLE Perm. Public Safety Dispatcher NAME .lames M. Wozniak III LAST DEPARTMENT Police DATE 06110113 ADDRESS 5 Wikiwood Place LAST SALARY $24,212 CITY & ZIP Buffalo, NY 14210 LAST4 DIGITS OF 88N. XXX• -XX -6869 LAST JOB TITI E NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DI 13 ITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADOW8 LAST SALARY CITY & ZIP LAST 4 DIGITS OF 88N. XX - LAST JOB TITLE NAME LAST DEPARTMENT DATE 'ADDRESS LAST SALARY CITY & ZIP LAST4I11QITSOF SSN, XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 401GITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERMIGE BUDGET ORG. CODE 12023001411001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 12023001411001 PAOJ. ID PERSONNEL REQ- NO 201.46061 SALARY RANGE OF POSITION $23,553 - $34,139 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Qeranda TITLE OF APPOINTING, AUTHORITY: Commissioner of Police DATE: 09/17/14 SIGNATURE OF APPOINTING AUTHORITY: — Q (CilNAL+ 3 MIN IQ! OlTYCLERK 10MEF08E APPOINI94 D &M OTHER CQPI €8 TO' N 000PTROId,BR 98- UUM861 E V! E V 47- 418- DEPARTM5NT @9- DIVISION Ait7 .tMPLC2YEEt9! l� E� #4 (Rev 7 -07) Certificate of Appointment l9 1� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or 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 9 IA 911 Public Works, Parks & Streets Engineering Account Clerk Typist Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PER Open - Competitive, Promotional, Non Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 31,754 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX- NAME Mark Jaskula ADDRESS 53 Susan Lane CITY & ZIP Buffalo 14220 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS O SSN. XXX - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION 13191001 TITLE CODE NO 0401 411001 PROJ. ID PERSONNEL REQ. NO 2014 - 029 $31,754 - $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: 1� Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9117 SIGNATURE OF APPOINTING AUTHORITY: I— ej —Z, c ORIGINAL + 2 GOPIES I GI I Y GLtKK 1UNIGtkVKt ANNVIN I MLN I UA I W OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #8- DEPARTMENT #7- DIVISION #8 EMPLOYEES) #4 (Rev 7 -07) Certificate of Appointment (:�� 11 1 � In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 91 /s7//q in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMP Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,653 LAST JOB TITLE Laborer 11 Seasonal NAME Mark Rogowski LAST DEPARTMENT DPW DATE 9/14 ADDRESS 126 Ridgewood Rd. LAST SALARY $12.66 hr. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -2606 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAS 4 DIGITS OF SS XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13234001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2014 -038 SALARY RANGE OF POSITION $23,553 - $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: : Steven J. Stepnia TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9111114 SIGNATURE OF APPOINTING AUTHORITY: K OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYEES) #4 (Rev 7 -07) i Certificate of Appointment i 1� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Duman 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, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of W K LAST JOB TITLE NAME Antoine Cook LAST DEPARTMENT DATE ADDRESS 662 Norfolk Ave. LAST SALARY CITY &'ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -0251 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS O SSN. XXX - 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 -210 SALARY RANGE OF POSITION $7�ry,gS3 54,234 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: ' Commissioner DATE: 6111114 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 GOPWS I U: U1 I Y [;LtKK (UNllitrUKt AFPUIN I MtN I UA I t) OTHER COPIES TO: 43- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(SI #4 (Rev 7 -07) ti Certificate of Appointment M compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: ./ in the Department of Public Works, Parks & Streets Division of Parks to the Position of Park Utility Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PR Open-Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,553 LAST JOB TITLE NAME Timothy McCormick LAST DEPARTMENT DATE ADDRESS 85 Coolidge Rd. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF S SN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9201 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2013 -168 SALARY RANGE OF POSITION $23,553 - $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: 9117114 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPL�S1 �tev 1 -02) {" , C ertificate of point e t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffft I transmit this certification of appointment(s) or promotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by th Resources /Civil Service for the Appointment Effective: 81.4L07 in the Department of Permit & Inspection Services ;i 1 `':. Division of Inspections to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM kEnter Starting Salary) : Starting Salary of $$30,336 LAST JOB TITLE NAME John Caputo' LAST DEPARTMENT DATE ADDRESS 317 Fargo Ave, - LAST SALARY. CITY & ZIP Buffalo, NY •14213 LAST 4 DIGITS OF SSN. XXX -XX - 6607 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2014 - SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: James Comerford, Jr. Commissioner 817114 ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATA OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVILSERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #10 EMPLOY�EfS1 V \ NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Sept 30, 2014 ® f. l.�,S �..i Buffalo Marijuana Act Chapters: 1. The Buffalo Medical Marijuana Act 2. The Buffalo Lowest Police Priority Act 3. The Buffalo Industrial Hemp Act Chapter 1 The Buffalo Medical Marijuana Act 1. Title. This short title of this initiative shall be and the initiative may be enacted as "The Buffalo Medical Marijuana Act." 1.2 Findings. The people of Buffalo, New York find as follows: WHEREAS the National Academy of Sciences' Institute of Medicine concluded after reviewing relevant scientific literature including dozens of works documenting marijuana's therapeutic value,1. that there are some circumstances in which smoking marijuana is a legitimate medical treatment;z and, WHEREAS a scientific survey conducted in 1990 by Harvard University researchers found that 54% of oncologists with an opinion favored the controlled medical availability of marijuana, and 44% had already suggested at least once that a patient obtain marijuana illegally;3 and, WHEREAS tens of thousands of patients nationwide — people with AIDS, cancer, glaucoma, chronic pain, and multiple sclerosis — have found marijuana in its natural form to be therapeutically beneficial4 and are already using it with their doctors' approval; and, WHEREAS numerous organizations have endorsed medical access to marijuana, including the AIDS Action Council, American Nurses Association, American Academy of HIV Medicine, American Bar Association, American Medical Student Association, American Preventive t. "The Medical Value of Marijuana and Related Substances," Chapter 4 of the Institute of Medicine's Marijuana and Medicine: Assessing the Science Base (Washington: National Academy Press, 1999), lists 198 references in its analysis of marijuana's medical uses. z From Principal Investigator Dr. John Benson's opening remarks at the Institute of Medicine's news conferences releasing the report Marijuana and Medicine: Assessing the Science Base (March 17, 1999). 3 R. Doblin and M. Kleiman, "Marijuana as Antiemetic Medicine," Journal of Clinical oncology 9 (1991): 1.31.4- 1.31.9. 4 The therapeutic value of marijuana. is supported by existing research and experience. For example, the following statement appeared in the American Medical Association's "Council on Scientific Affairs Report 1.0 — Medicinal Marijuana," adopted by the AMA House of Delegates on December 9, 1.997: * "Smoked marijuana was comparable to or more effective than oral THC, and considerably more effective than prochlorperazine or other previous antiemetics in reducing nausea and emesis." (page lo) * "Anecdotal, survey, and clinical data support the view that smoked marijuana and oral TH p r ov ide symptomatic relief in some patients with spasticity associated with multiple sclerosis (MS) or trauma." (page ) * "Smoked marijuana may benefit individual patients suffering from intermittent or chronic pain." (page 15) Medical Association, American Public Health Association, California Academy of Family Physicians, California Legislative Council for Older Americans, California Medical Association, California Nurses Association, California- Pacific Society of Addiction Medicine, Florida Medical Association, Gray Panthers, Lymphoma Foundation of America, Multiple Sclerosis California Action Network, National Association for Public Health Policy, National Association of Attorneys General„ National. Association of People with AIDS, National Black Police Association, National Women's Health Network, New York State Nurses Association, Public Citizen, Virginia Nurses Association, Whitman -Walker Clinic (Washington, D.C.), Women of Reform Judaism; and, WHEREAS a scientific survey conducted in 1995 by Belden & Russonelio (a Washington, D.C. - based polling firm) indicated 79% of U.S, voters support the idea of "legaliz[ing] marijuana to A,-v ^ f } relieve pain and for other medical uses if prescribed by a doctor; "5 and, WHEREAS national public opinion polls conducted by ABC News, CBS News, the Family Research Council, and the Gallup Organization between 1997 and 1999 found substantial support for medical marijuana;6 and, WHEREAS since 1996, medical marijuana initiatives received a majority of votes in every state in which they appeared on the ballot — Alaska, Arizona, California, Colorado, the District of Columbia, Maine, Nevada, Oregon, and Washington state;7 and, WHEREAS on June 14, 2000, Governor Ben Cayetano of Hawaii signed into law the first medical marijuana bill enacted via a state legislature which permits the cultivation, possession, and use of medical marijuana; and, WHEREAS on September 6, 1988, after reviewing all available medical data, the Drug Enforcement Administration's chief administrative law judge, Francis L. Young, declared that marijuana is "one of the safest therapeutically active substances known" and recommended making marijuana available by prescription;s and, WHEREAS the federal penalty for possessing one marijuana cigarette — even for medical use — is up to one year in prison, and the penalty for growing one plant is up to five years;9 and, WHEREAS the penalties are similar in most states, where medical marijuana users must live in fear of being arrested; and, 5 Belden & Russonello interviewed 1,001. registered voters, selected by a national random digit dial survey, on behalf of the American Civil Liberties Union, which released the results via its Department of Public Education on November 27, 1995. 6 ABC News/Discovery News (69% support medical marijuana, poll conducted May 27, 1997 by Chilton Research); CBS News (66% of Independent respondents, 64% of Democrat respondents, and 57% of Republican respondents support medical marijuana, poll reported in The New York Times, June 1.5, 1.997); Family Research Council (74% support medical marijuana, poll conducted Spring 1.997); Gallup (73% support medical marijuana, poll conducted March 1.9 -21., 1.999) 7 Alaska, Measure 8, Nov. 1.998, received 58% of the vote; Arizona, Proposition 200, Nov. 1.996, received 65% of the vote; Arizona, Proposition 300, Nov. 1.998, rejected by 57% of the vote by rejecting Proposition 300, voters upheld the medical marijuana provision in 1.996's Proposition 200); California, Proposition 21.5, Nov. 1.996, received 56% of the vote; Colorado, Amendment 20, Nov. 2000, received 54 of the vote; District of Columbia, Initiative 59, Nov. 1998, received 69% of the vote; Main, Question 2, Nov, 1999, received 61.% of the vote; Nevada, Question 9, Nov. 2000, received 65% of the vote; Oregon, Measure 67, Nov. 1998, received 55% of the vote; Washington, Initiative 692, Nov. 1.998, received 59% of the vote. 8 U.S. Department of Justice, Drug Enforcement Administration. "In the Matter of Marijuana Rescheduling Petition, Docket No. 86 -22, Opinion and Recommended Ruling, Findings of Fact, Conclusions of Law and decision of Administrative Law Judge," Francis L. Young, Administrative Law Judge, September 6, 1.98 8. 9 Section 844(a) and Section 84L(b)(L)(D), respectively, of Title 21., Untied States Code. WHEREAS the present federal classification of marijuanai.o and the resulting bureaucratic controls impede additional scientific research into marijuana's therapeutic potential,x.i. thereby making it nearly impossible for the Food and Drug Administration to evaluate and approve marijuana through standard procedural channels; and, WHEREAS seriously ill people should not be punished for acting in accordance with the opinion of their physicians in a bona fide attempt to relieve suffering; and, WHEREAS the state of New York has no mandate under the Constitution to outlaw medical marijuana and would therefore be subordinate to the will of the people; THEREFORE the people of the City of Buffalo do hereby enact the following ordinance establishing the medical marijuana policy in the city. 1.3 Purpose. The purpose of this initiative is: 1.A To ensure that patients, for whom marijuana has been recommended by a physician, suffer no punishment or penalty for obtaining, possession, and /or using medicinal marijuana and/or marijuana paraphernalia used to consume medicinal marijuana, and to ensure that individuals are not arrested and suffer only a fine, and no other punishment or penalty, for the possession of less than 35 grams of marijuana and/or marijuana paraphernalia. This initiative shall be liberally construed for the accomplishment of these purposes. LB To issue an official declaration advocating changes in New York State law, county ordinance, or any other applicable laws to authorize the use of marijuana for medical purposes. 1 C. To stimulate a communitywide debate on a public policy issue of great importance. 1. D. To establish a community panel to oversee the implementation of this initiative. I .E Use of Medical Marijuana. Seriously ill citizens have the right to obtain, possess, and use up to 35 grams of marijuana for medicinal purposes where that medical use is deemed appropriate and is recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, HIV, AIDS, chronic pain, glaucoma, arthritis, migraines, or any other serious condition for which marijuana provides relief. Patients who obtain and use marijuana for medicinal purposes upon the recommendation of a physician shall not be subject to any arrest, prosecution, punishment, or sanction; once a doctor's recommendation has been provided by the patient, any marijuana and/or marijuana paraphernalia charges against the patient shall be dismissed by the prosecuting attorney. Also, physicians who recommend marijuana for their patients shall not be subject to any arrest, prosecution, punishment or sanction. Local enforcement of state law shall be by 1.o Section 81.2(c) of Title 21., United States Code. j,i. The U.s. Department of Health and Human Services (HHS) issued written guidelines for medical marijuana research, effective December 1., 1.999. The guidelines drew criticism from a coalition of medical groups, scientists, members of Congress, celebrities, and concerned citizens. The coalition called the guidelines "too cumbersome" and urged their modification in a letter to HHS Secretary Donna Shalala, dated November 29, 1.999. Signatories of the letter included 33 members of Congress, former Surgeon General Joycelyn Elders, and hundreds of patients, doctors, and medical organizations. summons only. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office, unless the individual is also charged with a non- related felony offense arising from the same set of facts and circumstances. 1.4 Advocacy for Legislative Reform. The City of Buffalo is hereby instructed to advocate by official public declaration and through its lobbyist and other city officers, for changes to state law (and laws at other levels of government as necessary) to support the goals and implementation of this ordinance. Legislative changes to be advocated include, but are not limited to, the following: a) Amendment of state code to allow for the use of medical marijuana by seriously ill patients; h) End any sanctions against physicians who prescribe or recommend medical marijuana to their patients; c) Grant local control to cities and counties to license and regulate the use of medical marijuana; and d) End the prosecution, arrest, investigation and imprisonment of seriously ill adults who use marijuana for medicinal purposes. Additionally, the enactment of this initiative by the voters of the city shall constitute said voters' express and official desire for legislative change to the state's medical marijuana laws. 1.5 Community Oversight Committee. Upon enactment of this initiative, a ,/A "Lowest law enforcement priority" means a priority such that all law enforcement activities related to all offenses other than adult, personal -use marijuana offenses shall be a higher priority than all law enforcement activities related to marijuana offenses, where the marijuana was intended for adult personal use, other than the exceptions designated in this chapter. 2.4 Purpose. The purpose of this initiative is: 2. A To issue an official declaration advocating changes in New York State law, county ordinance, or any other applicable laws to decriminalize the use of marijuana by adults. 2. B To stimulate communitywide debate on a public policy issue of great importance. 2. C To establish a community panel to oversee the implementation of this initiative. 2. D Lowest Police Priority. Buffalo law enforcement officers shall make law enforcement activity relating to marijuana offenses, where the marijuana was intended for adult personal use, their lowest law enforcement priority. Law enforcement activities relating to marijuana offenses include, but are not limited to, investigation, citation, arrest, seizure of property, or providing assistance to the prosecution of adult marijuana offenses. This lowest law enforcement priority policy shall not apply to use of marijuana on public property or driving under the influence. 2. E) The lowest law enforcement priority policy shall apply to cooperating with state or federal agents to arrest, cite, investigate, prosecute, or seize property from adults for marijuana offenses included in the lowest law enforcement priority policy. Buffalo law enforcement officers shall not accept or renew deputization or commissioning by a federal law enforcement agency if such deputization or commissioning will include investigating, citing, arresting, or seizing property from adults for marijuana offenses included in the lowest law enforcement priority policy. 2. b') Buffalo shall not accept any federal funding that would be used to investigate, cite, arrest, prosecute, or seize property from adults for marijuana offenses included in the lowest law enforcement priority policy. 1.1..08.060 Advocacy for Legislative Reform. The City of Buffalo is hereby instructed to advocate by official public declaration and through its lobbyist and other city officers, for changes to state law (and other levels of government as necessary) to support the goals and implementation of this ordinance. Legislative changes to be advocated should include, but are not limited to, the following: a) Allow for municipalities to set their own criminal penalties for marijuana use; b) Decriminalize generally the use of marijuana by adults; c) Enforcement of existing laws by summons only. Additionally, the enactment of this initiative by the voters of the city shall constitute said voters' express and official desire for legislative change to the state's marijuana laws. 2.5 Community Oversight Committee. Upon enactment of this initiative, a Community Oversight Committee shall be appointed to oversee the implementation of the Buffalo Lowest Police Priority Act. The Committee shall hold regular public meetings and shall solicit input and testimony from members of the public. The Committee will be composed of: 1. community member appointed by the Buffalo City Council, 1. community member appointed by the Mayor of Buffalo, 1. community member appointed by the Chief of Police, 1.4 community members voted by public Responsibilities of the seven member Committee shall include: a) Ensuring timely implementation of this chapter, with the cooperation of the Buffalo Police Department and any other Buffalo law enforcement agencies in providing needed data; b) Receiving any grievances from individuals who believe they were subjected to law enforcement activity contrary to the lowest law enforcement priority policy; c) Designing a supplemental report form for Buffalo law enforcement officers to use to report all adult marijuana arrests, citations, and property seizure and all instances of officers assisting in state or federal arrests, citations, and property seizures for any adult marijuana offenses. The supplemental report form shall be designed with the goal of allowing the committee to ascertain whether the lowest law enforcement priority policy was followed; d) Requesting additional information from any Buffalo law enforcement officer who engaged in law enforcement activity relating to one or more marijuana offenses under circumstances which appear to violate the lowest law enforcement priority policy. An officer's decision not to provide additional information may be grounds for discipline; and e) Submitting written reports semiannually to the Buffalo City Council on the implementation of this ordinance, with the first report being issued nine months after the enactment of this chapter. These reports shall include, but not necessarily be limited to: the number of all arrests, citations, property seizures, and prosecutions for marijuana offenses in Buffalo; the breakdown of arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony; any instances of law enforcement activity that the committee believes violated the lowest law enforcement priority policy; and the estimated time and money spent by the city on law enforcement and punishment for adult marijuana offenses. Buffalo law enforcement officers shall submit to the committee a supplemental report within two weeks after each adult marijuana arrest, citation, or property seizure or instance of assisting in a state or federal arrest, citation or property seizure for any adult marijuana offense in Buffalo. The Committee shall have the power to promulgate rules and regulations not inconsistent with this initiative to govern its own conduct and public meetings. In the event that the voters of the City of Buffalo adopt more than one initiative relating to cannabis law reform that contains a provision for a Community Oversight Committee, the committees shall be consolidated for all purposes. 2.6 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. Chapter 3 The Buffalo Industrial Hemp Act 3.1 Title This short title of this initiative shall be and the initiative may be enacted as "The Buffalo Industrial Hemp Act." 3.2 Findings. The people of Buffalo, New York find as follows: WHEREAS industrial hemp can be differentiated from marijuana; and WHEREAS industrial hemp contains virtually no narcotic or intoxicating properties; and WHEREAS the reasons for criminalizing the cultivation of industrial hemp appear to be politically motivated with no basis in reason or logic; and WHEREAS industrial hemp can be used to make a variety of useful products; and WHEREAS New York farmers should have the right to grow industrial hemp; and WHEREAS industrial hemp has a long and rich history in the United States as a valuable crop; THEREFORE the people of the City of Buffalo do hereby enact the following ordinance establishing the industrial hemp policy of the city. 3.3 Definitions. "Industrial hemp" means any hemp or hemp product containing one percent or less THC. 3.4 Purpose. The purpose of this initiative is: 3. A) To establish an official policy of the city that is favorable to the growing of industrial hemp. 3. B) To issue an official declaration advocating changes in New York State law, county ordinance, or any other applicable laws to legalize the growth and cultivation of industrial hemp. 3. C) To stimulate communitywide debate on a public policy issue of great importance. 3. D) To establish a community panel to oversee the implementation of this initiative. 3.5 Official Policy. It shall be the official policy of the City of Buffalo that the growth and cultivation of industrial hemp is a positive and beneficial farming activity, and that the legalization of such activity by the state and federal government is favored. 3.6 Advocacy for Legislative Reform. The City of Buffalo is hereby instructed to advocate by official public declaration and through its lobbyist and other city officers, for changes to state law (and laws at other levels of government as necessary) to support the goals and implementation of this ordinance. Legislative changes to be advocated should include, but are not limited to, the following: a) Allow for the legalization of industrial hemp by the State of New York; b) Allow each county or city to decide their own policies with regards to the farming of industrial hemp. QwV\, REFERRED TO TFE COMMITTEE ON LEG�SLATION- Buffalo Monthly Water Board Report j Water B Report Contract Year 5 - August 2014 C-40 !� City of Buffalo T Buffalo Water Board Commissioner of Public Works: Steven 5tepniak Chairperson: oluwole.McFoy Vice Chairperson: William L.:Sunderlin Member. Gerald E. Kelly Member.: Michael Finn !� City of Buffalo Commissioner of Public Works: Steven 5tepniak City Engineer. Peter Merlo Principal Engineer John D. McMahon 1 W Summary of System Operations Summary of Collections Meter Reading & Billing Metering Distribution Field Services Plant Operations Safety & Environmental Communications Current Staffing Performance Standards Appendix: BUFFALO WATER ..,,,. Q 1lEOLIA 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 A fttD t k � 5 44e. c i ('4 (A e (k5 oc�� CITIZENS far REGIONAL TRANSIT 617 Main Street, Buffalo, NY 14203 716- 691 -8528 crtc @citizenstransit.org 24 September 2014 Mr. Robert Gioia Chairman, Board of Directors Erie Canal Harbor Development Corporation 95 Perry Street, 5 floor Buffalo, NY 14203 Dear Mr. Gioia: C_v v u�(� 1 / L/ P_�LIc ()VTCl� Representatives of Citizens for Regional Transit attended the Outer. Harbor public meeting at the WNED Studios on September 9 as well as the. previous public meetings. We hope that feedback received from community organizations and individuals will be used by the ECHDC to establish a framework for an Outer Harbor that complements our city, takes best advantage of the unique location and character of the Outer Harbor, and reflects the concerns of WNY citizens. However, we are disappointed with the planning process because it restrains and limits public engagement. We also are opposed to some key aspects of the preferred plan. The fundamental problem with the process is that it does not allow adequate ability for the public to voice concerns and ask questions. Without meaningful public engagement the plan will not reflect public desires for the use of this public land, and it will not benefit from the expertise of organizations knowledgeable in important issues relating to development of the Outer Harbor. For example, relegating public comments at meetings to "yellow stickies" and informal small group discussions does not provide an effective means for the public to raise questions, and does not require the ECHDC and its contractor to respond publicly, on the record. This short circuits the openness of the process and leads to results not fully reflective public views. We want a chance to publicly express our views and to be informed by the views of other groups and citizens. The ECHDC should want this too. We hope that the next public meeting will allow public comments and discussion of issues, and will provide a forum for the ECHDC to respond publicly. Microphones should be available for this purpose. Also, we are concerned that the preferred plan calls for significant mixed -use development on the Outer Harbor. One ECHDC representative after the meeting said that this could include apartments for 4,000 to 6,000 people. Here are our concerns and questions about this aspect of the plan. 1. Infrastructure costs. What are the costs of the new infrastructure (e.g., roads, sewer, water, electrical)? Will developers pay for these facilities? Who will be responsible for maintaining them in perpetuity? The City of Buffalo? Erie County? New York State? We believe this is just more sprawl that will take more tax dollars to maintain. We should invest in improving our existing infrastructure (e.g., fixing our antiquated sewer system, extending the light rail) rather than building new infrastructure. Investment in new mixed -use development would be better made in the Cobblestone District or First Ward; locations that have existing infrastructure, space for development, and are near the inner and Outer Harbors. y! CITIZENS for REGIONAL TRANSIT 617 Main Street, Buffalo, NY 14203 716- 691 -B528 crtc @citizenstransit,org 2. Transportation. More development on the Outer Harbor will require more transportation facilities to be developed and maintained. As we stated at the recent ECHDC Board Meeting, we strongly support the planned ferry as a way to get to and from the Outer Harbor. This is affordable and perfect for low- density uses such as a park and hiking trails, perhaps supplemented by a fun people mover Iike the tram at Niagara Falls and / or bike rentals. The presentation called for extending the light rail to the Outer Harbor. As a transit advocacy organization, we strongly support extending the light rail, but not to the Outer Harbor. We believe there are higher priorities for extending the light rail where ridership will be greater. Every NFTA study over the last 40 years (and there have been many) identifies the airport and Amherst extensions as the highest priority extensions in terms of ridership and need. The light rail can comfortably carry up to 600 people every 10 minutes. What uses and activities on the Outer Harbor are envisioned to require such high - volume transit? We believe a lower volume, less expensive approach (like the ferry) is better. We also believe the light rail should be extended through the DL &W Terminal and along the old DL &W right -of -way (ROW) toward Riverbend and Larkinville. This NFTA -owned ROW could serve new mixed -use developments in the Cobblestone District and First Ward and could eventually be extended to provide the long - dreamed of and badly needed airport extension. 3. Unique resource. The Outer Harbor is one of the few remaining large open spaces on the Great Lakes. Once lost to development, it will be lost forever. The location of this resource next to a major city makes it well suited for recreational uses. Olmsted recommended a waterfront park for Buffalo but it was never built. We agree with those calling for a park on the Outer Harbor. Large portions of the park can be left in a natural state to minimize the cost of maintenance, while providing a sanctuary for wildlife and people looking to escape the sights and sounds of the built environment. Thank you for considering these inputs. We hope the ECHCDC will provide a public forum soon where these and other issues can be raised and discussed publicly. Sincerely, 0"'� 1 Douglas Funke President, Citizens for Regional Transit Cc. Governor Andrew Cuomo Mayor Byron Brown Erie County Executive Poloncarz Buffalo Common Council Members REFFRRM TO THE C OMMITTEE ON G OIVIMUNM DEVELOPMENT. NFTA Commissioners NFTA Executive Director Kimberly Minkel Congressmen Brian Higgins ESD Commissioner Kenneth Adams ECHDC Board of Directors US Senator Gillibrand US Senator Schumer Erie County Commissioner Maria Whyte NYS Assemblyman Sean Ryan Erie County Legislators NYS Senator Tim Kennedy NYS Senator Mark Grasanti GBNRTC Executive Director Hal Morse 1�k CITIZENS for REGIONAL TRANSIT 617 Main Street, Buffalo, NY 14203 716- 691 -8528 crtc @citizenstransit.org a CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS BYOWN W. BROWN MAYOR September 29, 2014 Honorable Joseph GoIombek, Jr. Councilmember North District 1502 City Hall 65 Niagara Square Buffalo, New York 14202 C A STEVEN J. STEPNIAK COMMISSIONER PETER J. NfERLO, P.E, CITY ENGINEER )E: Erie Basin Marina /Correspondence From Edward Taablieb, Esq, regarding Erie Basin Marina/Item No. 49 on September 30, 2014 Agenda Dear Councilmember Golombek: With reference to Attorney Edward Taublieb's September 22' 2014 correspondence to you, the issues raised are addressed below generally and also by paragraph number: The City's right to unilaterally terminate the contract between the City and Smith Boys (the "Contract") at the end of the marina operating season is for the convenience of the City and was not intended to be a flashpoint for slip holders to Ieverage a hasty contract termination based upon a misinterpretation of contractual and operational facts at the Erie Basin Marina. Accordingly, and in order to allay timing concerns, Smith Boys and the City DPW have tentatively agreed to extend the City's right to unilaterally terminate the Contract from October 1, 2014 through November 25, 2014 in order to afford plenty of time for Your Honorable Body to fully understand and appreciate the contractual and actual operational facts regarding the Erie Basin Marina. The boat docking fee slip rentals are set by City Charter. Each fee structure was separately and fully considered prior to effectuating the fee hikes set in place earlier this year continuing through_ the Year 2018. In addition, slip holders' .boats over -38 .feet -in - length are oil a separate fee scheduIe of $50 - per foot. Paragraphs Numbered 1 & 2: Nft. Taublieb's assertions that the City will be responsible for operational shortfalls are misinformed as more fully and conclusively demonstrated below. 1 0 65 NIAGARA SQUARE / 502 CITY HALL / BUFFALO, NY 14202 -3373 / (716) B51 -5634 / FAX; (716) 854 -4201 / Email: sstepr iak@city- buffalo.com �IA Paragraphs Numbered 4,7 & 8 The ratios of the City Resident/Non -City Resident slip holder occupancy and slip rental differentials are based upon market value and actual occupancy facts derived from years and years of experience and operational truths. The slip rental rates, the ratios of City Resident/Non- Resident occupancy and other considerations that went into the drafting and calculus of the contractual provisions referred to in Mr. Taublieb's paragraphs numbered 1 and 4 are set up to create extremely remote and very unlikely .scenarios that would cause the City to be exposed to a shortfall obligation. There is virtually no risk of City exposure to shortfall deriving from a change in City Resident/Non- Resident ratios. In the extremely unlikely event of actual City exposure to funding shortfall obligations deriving from unexpected market factors such as high vacancy levels or other occupancy shifts, the City in an abundance of caution retains the right annually to unilaterally terminate the Contract. There are no circumstances currently in place that warrant serious consideration of terminating the Contract. The rental rates for the Miss Buffalo and the Moondance are under review for next year but it should be noted however that those rental rates. will not under any circumstances warant a rental reduction for other slip holders particularly since the relative overall - dollar amounts are incomparable. Further, Smith Boys operational obligations under the Contract require that monthly activity /income /operational reports be submitted to the City DPW. There is little or no chance for surprises or City exposure to operational shortfalls. Paragraph Numbered 3 If there are variances between the Iengths of the boats anticipated as "transient" visitors to the Erie Basin Marina and the lengths of the boats that actually did or are currently visiting the Marina on a transient basis, this is more attributable to the variable nature of which boats actually do visit rather than being attributable to a non - specific allegation that the Contract is "suspect." Paragraph Numbered 5 The Contract does not require beer sales at the Marine Store because this year it was not expected the new operator (Smith Boys) would be able to obtain the required State Liquor Authority approvals in time for the current season, It is however expected that "packaged" beer sales will resume at the Marine Store for the 2015 boating season. . Paragraph Numbered 6 The City DPW cast a wide net to procure proposals for Marina Operations. There were easily six or more operators who attended the pre - proposal guided site "walk- through" afforded by City DPW to prospective operators interested in possibly submitting a proposal Among facts which proved daunting to an eventual six or more proposals being submitted were: 1. Living wage rate requirements 2. The then current slip holder rental rate structure - 3. Revenues being insufficient to cover cost of operating the marina It is also noted that Smith Boys had prior experience and familiarity operating the Erie Basin Marina from around the time of the mid to late 1970's. That Smith Boys was the only vendor that pursued the management contract in light of all foregoing facts is not a reason to seriously consider terminating the Contract at this time. Moreover, the City's annual right of Contract termination will keep everything in check. Paragraph Numbered 9 The City Law Department was involved in all aspects of the RFP drafting and the resulting contract formulation as to both form and substance. The approval to form by an Assistant Corporation Counsel on behalf of the City law Department is not an indication of any lack of involvement by the actual Corporation Counsel in the fmalization of the Contract. In summary, there are no facts present which would warrant City's cancellation of the Contract. Very truly yours, Sfe J. Public W & Streets Richard A. Fontana, Council Member Lovejoy District David A. Franczyk, Council Member Fillmore District Michael J. LoCurto, Council Member Delaware District Darius G. Pridgen, Council Prisident, Ellicott District David A. Rivera, Council Member Niagara District Christopher P. Scanlon, Council Member South District Demone A. Smith, Council Member Masten District Rasheed N.C. Wyatt, Council Member University District REFERRED TO THE COMMITTEE ON LEGISLATION. Edward J. Tanblieb Attorney at Law P.O. Box 565 Olcott, New York 14126 (716) 838 -6430 September 22, 20014 EacyAal and Confidential Via-Hand UeliverX Joseph Golombek Jr. Chair Community Development Committee Common Council, City of Buffalo 1502 City Hall Buffalo, NY 14202 Re.: Agreement between the City of Buffalo and Smith Boys Buffalo Harbor, Inc. Dear Mr. Golombeek, I represent the Erie Basin Marina Slip - Holders Association (EBMSA) regarding the Agreement between the City of Buffalo' (Through its Dept. of Public Works, Parks and Streets) and Smith Boys Buffalo Harbor, Inc.(SBBH) This Agreement was entered into on April 16, 2014. Pursuant to Paragraph 8 the Agreement will be automatically renewed for 2015 unless the City terminates the Agreement in writing no later than October 1, 2014. (The Notice of Termination must be personally served or served by Certified Mail.) The EBMSA believes the City of Buffalo should exercise its unilateral right to terminate the agreement prior to October 1, 2014. (This is the only way the City would then be able to enter into a new Agreement.) Given the October 1 deadline-this matter _should-be given the utm__ ost priority. . Section 495 -34 of the City Charter requires the City to collect fees for boats docked at Erie Basin Marina. The fees are set forth in Section 175 -65. The seasonal rates are based on boat length and whether the owner is a City resident or non- resident. The lowest fee is $725, for a 20' boat and the highest is $1,580.00, for boats from 30' to 38'. There are no rates for boats over 38 feet. There are many reasons the City of Buffalo should terminate the Agreement. These include: 1. Despite the - feesbeing set by the City Charter, the Proposed Amended Agreement,(PAA) in paragraph 1, re uires the City to increase fees. This must be done annually staring in 2015. The increases are set forth in specific percentages. Paragraph 2 of the PAA sets forth minimum net profit amounts. If these amounts are not achieved thLQW i re uired to make ua the shortfalls!! The shortfalls are to be reimbursed by April 1 of each year. 2. The Agreement requires audits (Paragraph 8) to be done every two ears! This means that the actual shortfall amount will not be determined until a very long time after the City has paid SBBH for shortfalls. This result means money owed the city will potentially not be paid for more than two years! 3. Paragraph 3 of the PAA defines the 10% allotted to "Transient slips" as 28 slips and, that for this purpose the "wall" will be u considered to be 16 slips, 30' long..In actuality, boats well in excess of 30' are commonly docked along the "wall ". Moreover, the definition differs dramatically from the City's RFP, which calls for 7 slips, 70' long. This change makes the PAA suspect. 4. In The PAA the City guarantees that slips be divided between - City residents and non-residents:35% for City residents and 65% for non - residents. However, nothing in the Agreement requires SBBH to enforce this. Therefore if the percentage of resident slip holders goes above 35% the revenues will go down. This will increase the amount of any shortfall to be reimbursed. 5. The Agreement does not require the Marine Store to sell beer. In the past beer sales were a substantial revenue source. The loss of this revenue is likely to increasethe shortfall. 6. SBBH submitted the only Proposal in response to the Request. for Proposal (RFP). (Excluding the prioroperator whose Agreement was not renewed.) This is troublesome, given the large number of marinas in the area. Also, the Agreement has many substantial differences from the RFP..Given these facts the City should prepare a new RFP. This can only be done if the City terminates its Agreement with SBBH. 7. The rate increases over the four years for the two commercial boats, Miss and Moondance are modest, approximately 16 %. The increases for City Residents are 16% for 20' boats and 40% for 30' and 38' boats. The Increase for non- residents is 40% for 20' boats, 68% for 30' and 84% for 38' boats. The rate increases for all non - residents are huge compared to the two commercial boats, This is especially 2 aggravating because the commercial boats are operated by for- profit businesses. Even for resident owners of boats longer t #an 20' the increase is 40 %. The City should reconsider the disparities and reduce the increases for all pleasure boat owners and increase the percentages for the commercial boat owners. 8. The rate increases set forth in the PAA are not explained, let alone justified. This is a highly suspect omission. 9. The "approval" of the Agreement by the Law department was "only as to form ". This limitation probably explains the legal problems created by the PAA. Also, the "approval" was done by an Assistant Corporation Counsel,. not by the Corporation Counsel. I thank you for your consideration of this matter. Please do not hesitate to call me to discuss this matter. Yours very truly, Edward I Taublieb 3 September 22, 2014 Dear Council President Pridgen; If the Common Council enacts the current version of the Green Code without major revisions, only the City's most exclusive neighborhoods (the proposed "N -4" zones — homes of the "privileged few ") will be protected from the greedy grasp of developers. The vast majority of city residents will face uncertainty, commercialization of their residential streets, and wholly inadequate protection from incompatible new. development. The code is very long and difficult to understand. Most resident are unaware of its ramifications. One needs to be a land use attorney or urban planner to fully understand its sweeping changes to our current zoning laws. Calling the Unified Development Code (UDC) the "Green Code" is a total misrepresentation. It would be more accurate to call it the "Hand -Out to Developers Code." It is my understanding that the original draft was written by a company from Chicago. Chicago or New York City are not the correct paradigms for Buffalo. Buffalo is not a high - density city. We do not need to utilize every inch of space. Many people have been drawn to Buffalo over the past few years because of the integrity of residential space — plenty of green space to balance lovely, architectural pleasing homes. The Washington, D.C. metro area (or northern Virginia and southern Maryland) or the Madison, WI areas might be more appropriate comparisons. I'm sure that developers, large and small, are pressuring City officials to pass the UDO quickly. It is a developers dream. You can do pretty much anything, anywhere. The current LIDO is subject to much abuse and thus potential lawsuits for the City. You can't have an assorted hodgepodge of little shops, businesses and houses just because there is a small patch of land empty. The City will look chaotic, ridiculous and unappealing to potential new residents and investors. I understand the pressure to pass new laws that have been in the works for several years. But the Mayor and Common Council are doing the residents of Buffalo a disservice by passing a law that is so very sweeping and so little understood. It seems tome the best ways to manage changes of this magnitude are to take small steps. Work on it in sections over time — see what works and what doesn't -- and move forward to different districts of the city one by one. BECAUSE ONE SIZE DOES NOT FIT ALL. I think the City should start with 3 or 4 large mixed use streets— Main Street, Elmwood Avenue and . Broadway (or Jefferson or Genesee) and develop zoning plans for those important areas. Done piecemeal, it is easier for everyone to understand how changes would impact them. Then proceed to other mixed use streets. Strive to keep residential streets as residential as possible. The best way to view this is to ask yourself how YOU would feel if you had to live next door to one of the proposed uses. Lots of things look good on the surface or as part of a big picture. But brought down to the smaller view — you versus it — then the picture doesn't appear quite so rosy. p These are the three priority issues to address (but honestly, the UDO should be thrown out and started from scratch — it is that bad). 1— Protect corner lots. Requiring only an SUP for development is totally unsatisfactory. 2 — Require minimum sized lots. Current zoning laws in an R2 district require a buildable lot to be a minimum of 40 feet wide and 4000 square feet. That should be maintained. 3 — Continue to require appropriate setbacks for any homes or shops in residential areas. 4 — Revise the zoning laws incrementally, in a thoughtful way. Yes, it will take more time. But what is more important? Doing something fast, or doing it properly? Attached is a PDF table of proposed uses on Elmwood Village residential streets. It was prepared by land use attorney Arthur Giacalone. His very informative blog about the UDC and other important City issues can be found at http://WithAlIDueRespectBlog.com Sincerely, REFERRED To THE COMMITTEE ON LE ISLA►TION® Sandra Hodala 726 Linwood Avenue 551 -0779 shodala @hotmail.com BUFFALO GREEN CODE ALLOWS NON - RESIDENTIAL USES ONELMWOOD VILLA GEIWEST SIDE RESIDENTIAL STREETS Prepared by Arthur J. Giacalone, htt : / /WithAlIDucRes ectBio .com With exceptions for only the privileged few, the proposed Buffalo Green Code would expose Buffalonians who live on the residential streets in the Elmwood Village and throughout the West Side to the threat of numerous non - residential uses — and the traffic, noise and loss of privacy that accompanies such activities. Residents /property owners must tell Mayor Brown & the Common Council. NO! PROPOSED USE: APPROVAL? LOCATION: Bed & Breakfast By- Right' Any lot [with up to 10 guests] Market Garden By -Right Any lot [with sales to public] Fraternity /Sorority House Special Use Permit' Any lot [and /or recreation facilities] "Neighborhood" parking lot Special Use Permit Any lot but corner Restaurant or Tavern Special Use Permit Corner lot only [including Outdoor Dining] Retail/Service establishments Special Use Permit Corner lot only [if less than 10,000 sf] Lodge/Private Club Special Use Permit Corner lot only Animal Care businesses Special Use Permit Corner lot only [including boarding] Government & Professional Special Use Permit Corner lot only Offices Funeral Services Special Use Permit Corner lot only [including crematory] Healthcare Clinics Special Use Permit Corner lot only Day Care Center Special Use Permit Corner lot only [7 or more kids /elderly] Nursin2 Home Special Use Permit Corner lot only ' Residents on the following "privileged" streets would NOT be exposed to the non - residential uses proposed in the Draft Buffalo Green Code for virtually all West Side and Elmwood Ave. streets which are currently zoned R2 and R3 under the existing Zoning Ordinance: Lincoln Parkway, Chapin Parkway, Saybrook Pl., Berkley PI., Clarendon Pl., Windsor Ave., Rumsey Rd., Penhurst Park, and a portion of Cleveland Ave. 2 Approval of the use is not required. 3 As proposed, the Common Council could approve or deny "Special Use Permit" following a public hearing. Applicant applying fora Special Use Permit has a relatively light burden. 4 This use is proposed for residential streets while businesses would have ZERO minimum parking requirements. THOMAS P. DiNAPOLI COMPTROLLER September 17, 2014 Byron W. Brown, Mayor City of Buffalo 201 City Hall Buffalo, New York 14202 Report Number: S9 -14 -I9 � - GABRML F. DEMO DEPUTY COMPTROLLER DIVISION OF LOCAL GOVERNMN'Nl' AND SCHOOL ACCOUNTABHM TO]: (518)474 -4037 Fax: (518)486 -6479 STATE OF NEW yORK OFFICE OF THE STATE COMPTROLLER 110 STATE STREET ALBANY, NEW YORK 12236 �11'� AA rT' o I; v F'Kjd .O r � Dear Mayor Brown and Members of the Common Council: The Office of the State Comptroller works to help .local government officials manage their resources efficiently and effectively and, by so doing, provide amuntability for tax dollars spent to support operations. The Comptroller oversees the fiscal affairsof local governments statewide, as well as compliance with relevant statutes and observance of good business practices. This oversight is accomplished, in part, through our audits, which identify opportunities for improving operations and governance. Audits also can identify strategies to reduce costs and to strengthen controls intended to safeguard assets. In accordance with these goals, we conducted an audit of six cities and nine counties throughout New York State. The objective of our audit was to determine if local law enforcement entities are taking action to help enforce the State's Sex Offender Registration Act (SORA). We included the City of Buffalo - specifically, the Buffalo Police Department (Department) — in this audit. Within the scope of this audit, we examined the Department's policies and procedures and reviewed the record of actions taken, to enforce SORA for the period January 1, 2008 through December 11, 2013, This report of examination letter contains our findings and recommendations specific to the Department. We discussed the findings and recommendations with Department officials and considered their comments, which appear in Appendix A, in preparing this report. Department officials generally agreed with our recommendations and indicated they plan to take corrective action. At the completion of our audit of the 15 cities and counties, we prepared a global report that summarizes the significant issues we identified at all of the jurisdictions audited. Summary of Findings Although the Department has adopted policies and procedures (policy) for managing sex offenders, the Policy is not followed. We found the Department does not always take action when the State's Division of Criminal Justice Services (DCJS) notifies it 0 a sex offender's when compliance with SORA. For example, .DCJS notifies the Departmvrit when an offender should have a new photograph taken, and provides the Department with s fist of offenders who failed to have the photograph taken. However, the Department does not use these communications to ensure offender compliance. As a result, 30 of the City's moderate- to high -risk offenders had outdated Sex Offender Registry (Registry) photographs. Further, although the Department investigated 26 cases ofoffen&rs who did not return their annual address verification form, in seven cases the Department did not inform DCJS of the investigation results. Background and Methodology The City of Buffalo (City), located in Erie County, is governed by a nine - member Common Council and has a population of approximately 259,400, including J70 sex offenders. The City's fiscal year 2013 -14 budged appropriations totaled $377.5 million, including $79.6 million for the Department's budgeted appropriations. Megan's Law, a federal law enacted May 17, 1996, is intended tc protect the public from sexually violent offenders. It requires states to release relevant information necessary to protect the public concerning registered, convicted sex offenders. To comply vith this law, assist local law enforcement agencies and protect the public, the State enacted SORA. SORA requires DCJS to establish and maintain the Registry and aSubdirectory. The Subdirectory, which is available on the DCJS website, provides the public with information about moderate - and high -risk "sex offenders ,4 residing in their communities. SORA provides that the Subdirectory include, among other things, the sex offender's name, age, exact address, employment address, photograph; physical description and distinctive markings. When an individual is convicted of a sex offense and certified by the court as a sex offender, the individual is required to register with DCJS and abide by the specific registration requirements. Prior to sentencing, the State Board of Examiners of Sex Offenders` makes a risk -level recommendation to the sentencing court based on the degree of risk of repeat offense for each sex offender and a recommendation as to whether the offender warrants designation as a sexual predator, sexually violent offender or predicate sex offender. Theassiped risk levels, determined by examining certain risk factors associated with the sex offender, are Level I (low risk of repeat offense), Level 2 (moderate risk of repeat offense) or Level 3 (high risk of repeat offense and threat to public safety). Includes only moderate -risk (Level 2) and high -risk (Level 3) sex offenders Megan's Law (PL 104 -145) is named for Megan Nicole Kaska, a seven - year -old murdered in 1994 near her New Tersey home by a neighbor who was a convicted sex offender. Megan's Law amended the 1994 Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, which had the effect of requiring states to implement and maintain registries of certain sex offenders and offenders convicted of certain Crimes minors. SORA; Article 6 -C of the Correction Law, effective January 21, 1996 ' Under SORA, a "sex offender" is defined as any person who is convicted of any ofthe offenses set forth in Correction Law § 168 -a(2) or (3). s General requirements are detailed in Appendix B. Specific requirements are set fortis in Correction Law Article'6- C. 6 See definitions in Appendix B. 2 SORA assigns a "local law enforcement agency having jurisdiction" (i.e., chief law enforcement officer of a town, village or city; or if none, the chief law enforcement officer of the county) to each convicted offender based on their residence. The Department has a full -time lieutenant who, as a part of his regular duties, supervises the monitoring of the jurisdiction's sex offender population and provides sex offender information to DCJS. However, when necessary, other Department personnel help monitor the Department's offender population. DCJS mails a non - forwarding annual Address Verification Form to each sex offender's last reported address. The sex offender must sign and return the forrnto DCJS within 10 days ofreecipt. If an offender fails to do so, DCJS notifies the offender's jurisdiction that the offender failed to comply with the annual verification requirement and asks the jurisdiction to follow up. DCJS also notifies the sex offender and the jurisdiction when the offender is required to have the Registry photo updated. In addition to verifying that they still reside at their last reported address each year, sex offenders must register with DCJS within 10 days of any change of address. Level 1 and Level 2 offenders also must have their Registry photo updated every three years at the local Iaw enforcement agency having jurisdiction. Level 3 offenders must have their Registry photo updated each year. Additionally, Level 3 offenders and sex offenders designated as sexual predators must personally report to the local Iaw enforcement agency having jurisdiction every 90 days to verify their address. Level 2 and Level 3 offenders are also required to annually state that they are still employed at the last reported address. To complete our audit objective, we conducted interviews with designated law enforcement personnel and reviewed adopted policies and procedures. We also reviewed offender information maintained in the Registry, and information that the Department maintained for the offender records we sampled. We examined DCJS communications to ensure appropriate follow -up actions were taken and tested local policies to confirm compliance. We canducted our audit in accordance with generally accepted government auditing standards (GAGAS). More information on such standards and the methodology used in performing this audit is included in Appendix C of this report. Audit Results Policies and Procedures — Although the Department has a Policy for the management of sex offenders, the Policy, dated February 15, 2000, does not reflect theDepartment's current practices. Department personnel informed us the Policy is not used. Well written policies and procedures allow employees to understand their roles and responsibilities. They allow management to guide operations without constant management intervention and help ensure management's expectations are clearly conveyed to personnel charged with carrying out the day -to -day operations. When policies and procedures are well thought out and, most importantly, implemented, they provide common understanding and agreement on how things should be done. Procedures provide clear instructions and guidelines on what should/must be done in a particular set of circumstances. Policies and procedures should also be regularly reviewed to ensure that they continue to meet management's expectations. Accordingly, due to the absence of clearly defined and monitored policies and procedures, we found that the Department was not consistently taking action to help enforce SORA. 3 1 q1_, DCJS Notifications — DCJS notifies sex offenders when they must report to the Department to update their Registry photograph, and notifies the Department when to expect each sex offender who needs the Registry photograph updated. DCJS also maintains a list of offenders who did not update their photograph as required and makes this list available to the Department through an online system. However,. the Department does not always act on the DCJS notification or the DCJS list of non- compliant offenders to ensure each offender complies with SOM's photograph provision. As a result, the Department did not respond in a timely manner to aDCJS report that identified 12 of the jurisdiction's Level 3 offenders and 18 Level 2 offenders who, did not update their photograph in accordance with the law, A sex offender is subject to arrest fcr failing to provide a photograph, a felony. offense. Up -to -date Registry photographs help ensure that law enforcement and the public can recognize sex offenders. DCJS also notifies the Department when an offender who lives in its jurisdiction fails to return the annual address verification form. In such cases, DCJS asks theDeparttnent to determine if the offender still resides at the reported address. However, with respect to 26 offenders identified for audit testing, we found that the Department took action to veriF the offender's address but in seven instances did not communicate the investigation results to DCJS. Up -to -date Registry addresses for all offenders help ensure that law enforcement and the public can locate sex offenders. Recommendations I. The Department should adopt, implement and monitor comprehensive policies and procedures delineating staff responsibilities and actions required in the performance of their responsibilities in accordance with SORA. 2. Department officials should use all DCJS notifications and resources to manage the sex offender population under its jurisdiction. The Common Council has the responsibility to initiate corrective action. A written corrective action plan (CAI) that addresses the findings and recommendations in this report should be prepared and forwarded to our office within 90 days, pursuant to Section 35 of the General Municipal Law. For more information on preparing and filing your CAP, please refer to our brochure; Responding to an OSCAudit Report, which you received with the draft audit report. We encourage the Council to make this plan available for public review in the Clerk of the Council's office. 4 We thank the officials and staff of the Buffalo Police Department for. the courtesies and cooperation extended to our auditors during this audit. Sincerely, 4A,�D�, Or Gabriel F. Deyo 5 REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT APPENDIX A � RESPONSE FROM LOCAL OFFICIALS The local officials' response to this audit can be. found on the following page. n � w r, BYRON W. BROWN August 1, 2014 CITY OF BUFFALO DEPARTMENT OF POLICE e S DANIEL DERENDA COMMISKONER d In response to the recommendations of the Office of the State Gdmp(roller's Audit Report, the Buffalo Police Department is taking the following.Wlons: 1;).The Buffalo Police Department will update the policies and procedures delineating staff (6sponslbilities and actions currently required In the, performance of their responsibilities In accordance with the .Sax Offender Re+gistratim Act, and will monitor . compliance with said policies and'procedures. 2.) The Department now uses the DCfJS notifications and the ONS list of non - compliant offenders as the basis for tracking compliance, by registered offenders, and has implemented other procedures recommended by OSC staff to Imak compliance by offenders and completion of tasks related to registration assigned to staff. Sincerely, David F. Mann, Jr, Lieutenant Buffalo Police Department/SOS 74 FR.ANKUN STRMT / BUFFAL0, NY 142 ©3-4099 / (725) 852.4444 /WVAV.bpk.0zg 7 T0 0 APPENDIX B Definitions, Registration Requirements, Convictions in Other Jurisdictions and the SORA Website Definitions (fr om Correction Law X168 a) Sex Offender: Includes any person who is convicted of any of the offenses set forth in subdivision two (2) or three (3) of Article 6 -c, Section 168-a of the NYS Correction Law. Sexual Predator: A sex offender who has been convicted of a sexually violent offense as defned in subdivision three (3) of Section 168 -a of the NYS Correction Law and who suffers from a mental abnormality that makes such person likely to engage in predatory sexually violent offenses. Sexually Violent Offender: A sex offender who has been convicted of a sexually violent offense defined in Subdivision three (3) of Section 168 -A of the NYS Correction Law. Predicate Sex Offender: A sex offender who has been convicted of an offense set forth in subdivision two (2) or three (3) of Section 168 -a of the NYS Correction Law, when the offender has been previously convicted of an offense set forth in subdivision two (2) or three (3) of section 168 -a of the NYS Correction Law. Registration Re uirements An offender's basic obligations are as follows. Sexual predatory sexually violent offenders and predicate sex offenders all must register for life and: • Report annually where they live by signing and returning on annual verification form to DCJS within 10 days after receiving it. • Notify DCJS in writing of a new address no later than 10 days after moving. • Report in person to a local police agency to have a current photograph taken every three years (Level 1 and 2 offenders) or every year (Level 3 offenders and offenders labeled as a sexual predator). • Notify DCJS in writing of any institution of higher education they are attending and enrolled in, confirming they are living and indicating whether they are employed. Any change in status must be reported to DCJS no later than 10 days after the change. Provide in writing Internet service providers, Internet screen names and email accounts, Level 3 offenders and offenders with a sexual predator designation must personally verify their addresses every 90 days with law enforcement. Law enforcement may at that time photograph a Level 3 offender if that offender's appearance has changed. 8 Note: The preceding is a basic list of responsibilities; please refer to Correction Law Article 6 -C for more information. Convictions in Other Jurisdictions (Source: DCJS website: http:// Www. criminaijustice .ny.govinserlsortabl.htm) Individuals convicted in another jurisdiction (federal, military, or another state or country) who reside in New York State are required to register if: (1) the individual is convicted of an offense equivalent to a New York State registerable sex offense; or (2) the individual is convicted of a felony requiring registration in the conviction jurisdiction; or (3) the individual is convicted of 18 U.S C.A. 2251 (sexual exploitation of children) • 18 U.S CA. 2251A (selling or buying of children) 18 U.S. CA. 2252 (certain activities relating to material involving the sexual exploitation of minors) 18 U.S C.A. 2252A (certain activities relating to material constituting or containing child pornography) 18 U.S.C.A. 2260 (production of sexually explicit depictions of a minor for importation into the United States) 18 US C.A. 2422(h) (coercion and enticement) • 18 US C.A. 2423 (transportation of minors) or a 18 US. CA. 2425 (use of interstate facilities to transmit information about a minor). SORA Website The public may obtain information about sex offenders from the 9ew York State Division of Criminal Justice Services' Sex Offender Subdirectory at: http: / /Www.crimina justice. ny. gov /SomsSUBDirectory/search_ index jsp Dy APPENDIX C AUDIT METHODOLOGY STANDARDS We conducted this performance audit in accordance with GALAS. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. To determine if the Department takes action when DCJS notified it of an offender's non- compliance with the SORA, we generated a random, nonjudgmental audit sample of 50 sex offenders and reviewed DCJS Offender Details reports to detem7ine if the sample sex offenders failed to verify their address. As a result, we identified a total o126 offenders who did not return their annual address verification forms in accordance with SOU. We interviewed Department officials and examined related supporting documentation to determine what actions were taken to verify the offender's address. To determine if the Department responds to DCJS notifications regarding off'ender's with photographs to be due soon, and if the Department uses DCJS - provided resources that identify offenders with expired photographs, we obtained the DCJS list of offenders that owe a photo and met with Department officials to learn why a photo was not taken and what actions they took to bring the offender into compliance. 10 AM V New York State Department of Environmental Conservation August 2014 Site Name: 233 South Elmwood Avenue and 234 Delaware Avenue Have questions? (aka 250 Delaware Avenue) See DEC Site #: C915271 "Who to Contact" Below Address: 233 South Elmwood Avenue and 234 Delaware Avenue Buffalo, NY 14202 Report Recommends No Further Action at Brownfield Site; Public Comment Period Announced The public is invited to comment on a no further action remedy for the 233 South Elmwood Avenue and 234 Delaware Avenue site ( "site ") located at 233 South Elmwood Avenue and 234 Delaware Avenue, Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location(s) identified below under "Where to Find Information." New York State Department of Environmental Conservation ( NYSDEC) is reviewing a report that recommends no further action at the site. The report, called a "Remedial Investigation Report," was submitted to NYSDEC by BTC Block 20 Inc. ( "applicant "). The report describes the results of the site investigation. How to Comment NYSDEC is accepting written comments about the investigation report for 45 days, from September 11, 2014 through October 25, 2014. The investigation report is available for public review at the location(s) identified below under "Where to Find Information." Please submit comments to the NYSDEC project manager listed under Project Related Questions in the "Who to Contact" area below. No Further Action Remedy An interim remedial measure (IRM) to remove the gas station, four underground storage tanks, and petroleum impacted soil that was serving as an ongoing source of residual petroleum contamination in site groundwater was initiated autumn 2013 and completed early spring 2014. The IRM involved the removal of approximately 25,000 tons of petroleum contaminated soil from the former service station and historic fill underlying the asphalt paved portions of the site down to unrestricted use levels which included the removal of service station impacted soil and historic down to unrestricted use levels. Upon completion of the remediation of the petroleum impacted area, the groundwater quality significantly improved. A nominal level of benzene remains in groundwater in an area previously heavily contaminated with petroleum. With the bulk removal of petroleum impacted soils from the site, it is anticipated that the benzene residual will continue to diminish to levels approaching the groundwater quality standard. The City of Buffalo maintains a prohibition on use within the city, which serves to limit any potential exposure to the residual benzene contamination in groundwater. Page 1 Receive Site Fact Sheets by Email. See "For More Information" to Learn How. c7� Institutional and Engineering Controls Institutional controls and engineering controls generally are designed to reduce or eliminate exposure to contaminants of concern. An institutional control is a non - physical restriction on use of the site, such as a deed restriction, when contamination left over after the cleanup action makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier. No institutional controls have been or will be put in place on the site. No engineering controls have been or will be put in place on the site. Next Steps NYSDEC will complete its review, make any necessary revisions and, if appropriate, approve the investigation report and the no further action recommendation. The approved report will be made available to the public (see "Where to Find Information" below). If the approved investigation report concludes that no further action is needed to address the site, NYSDEC will issue a "Certificate of Completion" to the applicant. Upon receiving a Certificate of Completion, the applicant: • would have no liability to the State for contamination at or coming from the site, subject to certain conditions; and • would be eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, an applicant does not comply with the terms and conditions of its Brownfield Cleanup Agreement with NYSDEC. Background LOCATION: The 233 South Elmwood Avenue and 234 Delaware Avenue site is located at the addresses noted above in the City of Buffalo spanning along the north side of West Chippewa Street from Delaware Avenue to South Elmwood Avenue. SITE FEATURES: The site is located in a highly developed urban area. The site is situated in a popular entertainment district. The site occupies approximately 1.96 acres in .area on the north side of West Chippewa Street, and is bounded by South Elmwood Avenue to the west, Delaware Avenue to the east and commercial properties to the north. Local topography of the area is generally flat typical of Buffalo metro area. The main site features included two commercial use structures and a vast area for surface parking. Approximately two thirds of the site was covered with asphalt pavement. A two story "L "- shaped building, referred to as the Delaware Court Building, faced Delaware Avenue to the east and West Chippewa to the south and occupied approximately one third of the site parcel. The Delaware Court Building was previously utilized as a mixed -use commercial building. A single -story building that was formerly utilized as a retail gasoline station with a convenience Page 2 store was located at the corner of South Elmwood Avenue and West Chippewa Street. The gas station was demolished summer 2013 prior to implementation of an interim remediation measure proposed for the site and the Delaware Court Building was demolished winter 2014 to make way for planned redevelopment of the site. Construction of a multi -story tower building for hotel, business office, retail use and a multi -story parking garage for the new building tenants. CURRENT ZONING: The current and future use of the site is for commercial use in City of Buffalo Downtown Opportunity zone. PAST USE OF THE SITE: The development history dates back to the late 1800s. The site and surrounding area was historically used for commercial and residential uses. The eastern portion of the site contained the Delaware Court building which was utilized as a mixed -use commercial building since its construction in 1925. The Delaware Court Building was demolished in 2014 and the gasoline retail station was demolished in 2013 to make way for a new high -rise multi -use building and parking ramp. Prior to the construction of the Delaware Court building, the area was occupied by a stately residential structure. An area behind the Delaware court building currently used for surface parking was previously used for gasoline retail. Westward from the Delaware Court building, three residential structures occupied lots fronting Chippewa Street. These structures were demolished decades ago sometime after the construction of the Delaware Court Building. Two of the lots used for residential areas were used for surface parking. The remaining former residential lot at the corner of West Chippewa and South Elmwood was recently used as a retail gasoline filling station with a one story convenience store, Just north of the existing gasoline station, records show that the current parking lot area contained a gasoline filling station. A tire service operation was present on -site from approximately 1931 and 1936, and a service station was identified on the project site from 1982 and 1987 suggesting historic on -site automotive repair operations. Municipal records indicate the installation and removal of several underground storage tanks on this side of the project site. North of the former gasoline station, a former commercial building occupied the area fronting South Elmwood. This building was demolished in the mid- 2000s. This structure was utilized by a number of businesses over numerous decades. Prior to demolition, a locksmith occupied the building. Records for this building indicate several uses including a paint shop and a pipe/hardware shop. The former residential lots and commercial use lots were combined into a single parcel with the Delaware Court Building lot. SITE GEOLOGY /HYDROGEOLOGY: Overburden: The site is located within the Erie - Ontario lake plain physiographic province, which is typified by little topographic relief and gentle slope toward Lake Erie, except in the immediate vicinity of major drainage ways. The surficial geology of the Lake Erie plain generally consists of a thin glacial till layer, glaciolacustrine (lake -laid laminated silts and clays) deposits, alluvium, and soils derived by these deposits. Based upon site borings and borings from a nearby site, the site geology consists of a thin layer of fill or pavement, followed by a silty clayey layer ranging from 1 to 4 feet in thickness and then a thick fine sandy layer. This sandy layer is likely a part of a lake -laid sandy ridge deposit about Page 3 40 to 45 feet thick with several interbedded silty clay lenses. The depth of the sandy layer is unconfirmed at this time. Bedrock: The site is situated over the Onondaga formation limestone. Based upon information from a nearby BCP project, limestone bedrock is likely about 52 feet below the surface (unconfirmed). Hydrogeology: Unconfined groundwater was encountered within the native soils at depths of approximately 10 to 12 feet below ground surface. Site groundwater flow gradient appears to flow in a south/southwest direction. Regional groundwater likely flows west /southwest toward Lake Erie and confluence of the Buffalo River. Additional site details, including environmental and health assessment summaries, are available on NYSDEC's website at: hU://www.dee.ny gov/ cfmx/ extaps/ derextemal /haz /details.cfm ?pageid= 3 &progno= C915271 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 may 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: Page 4 P OR MORE INFORMATION � Where to Find Information Project documents are available at the following location(s) to help the public stay informed. Buffalo & Eric County Public Library 1 Lafayette Square Buffalo, NY 14203 phone: 716- 858 -8900 NYSDEC Region 9 Office Division of Environmental Remediation 270 Michigan Avenue Buffalo, NY 14203 phone: 716 - 851 -7220 By Appointment Only Project documents are also available on the NYSDEC website at: http://www.dec.Liy.gov/chemical/37554.html Who to Contact Comments and questions are always welcome and should be directed as follows: Project Related Ouestions Eugene Melnyk, PE Department of Environmental Conservation Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 -2915 716- 851 -7220 eu ene.meln k dec.n . ov Site - Related Health Questions Ian Ushe New York State Department of Health Bureau of Environmental Exposure Investigation Empire State Plaza, Corning Tower, Rm. 1787 Albany, NY 12237 518- 402 -7860 BEEInhealth.ny gov We encourage you to share this fact sheet with neighbors and tenants, 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. NYSDEC invites you to sign up with one or more contaminated sites county email listservs available at the following web page: hitp: / /www.dec.nygov /chemical /61092.htmi It's quick, it's free, and it will help keep you better informed. As a listserv. member, you will periodically receive site - related information/announcements for all contaminated sites in the county(ies) you select. Note: Please disregard if you already have signed up and received this fact sheet electronically. Page 5 ..fL RJ Adik = New York State Department of Environmental Conservation September 2014 Site Name: Former Mobil Service Station 99 -MST Have questions? DEC Site #: C915260 See [� Address: 979 Main Street 'who to Contact" .. Buffalo, NY 14203 Below Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by the New York State Department of Environmental Conservation ( NYSDEC) to address contamination related to the Former Mobil Service Station 99 -MST site ( "site ") Iocated at 979 Main Street, Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location(s) identified below under "Where to Find Information." Based on the findings of the investigation, NYSDEC in consultation with the New York State Department of Health (NYSDOH) has determined that the site does not pose a significant threat. How to Comment NYSDEC is accepting written comments about the proposed plan for 45 days, from September 24, 2014 through November 7, 2014. The proposed plan is available for public review at the location(s) identified below under "Where to Find Information." Please submit comments to the NYSDEC project manager listed under Project Related Questions in the "Who to Contact" area below. Draft Remedial Work Plan The cleanup plan is described in more detail in the report entitled "Draft Remedial Investigation, Interim Remedial Measure and Alternatives Analysis Report dated September 2014 ". The proposed remedy consists of a. Soil -No Further Action • During interim remedial measure activities, the soil contaminated with petroleum hydrocarbons was excavated to achieve residential soil cleanup objectives. b. Groundwater Treatment and Monitoring: • Groundwater contamination due to petroleum hydrocarbons will be remediated by injecting oxygen release compounds (ORCs). The ORCs break down the petroleum hydrocarbons into harmless compounds. The contaminant levels and the efficiency of the treatment will be periodically monitored by sampling seven groundwater monitoring wells. Page I ^6% 12 Receive Site Fact Sheets by Email. See "For More information" to Learn How. c. Institutional Control: • Institutional Controls including Environmental Easements with controls for groundwater use; • Implementation of a Site Management Plan that includes provisions for a Site -wide inspection program to assure the institutional engineering controls (IC/ECs) have not been altered and remain effective; d. Site Management Plan: • Groundwater Treatment and Monitoring Plan to assure that groundwater treatment and monitoring is conducted as planned. The proposed remedy was developed by Kaleida Properties, Inc., Kaleida Health, F.L.C. 50 High Street Corporation, and Conventus Partners, LLC ( "applicant(s) ") after performing a detailed investigation of the site under New York's Brownfield Cleanup Program (BCP). Summary of the Investigation i. The soil samples collected at or 26 feet below the ground surface did not show any exceedances of soil cleanup objectives for the test parameters. ii. Five out of seven groundwater monitoring wells installed at 26 feet below ground surface showed exceedances of groundwater standards for petroleum related compounds. Next Steps NYSDEC will consider public comments, revise the plan as necessary, and issue a Decision Document. New York State Department of Health (NYSDOH) must concur with the proposed remedy. The draft Remedial Work Plan is revised as needed to describe the selected remedy, and will be made available to the public. NYSDEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: This site is located at 979 Main Street in the City of Buffalo. The site borders with Goodrich Street on north, High Street on south, and a parking lot for the Buffalo General Hospital on the east. The underground subway system is along the Main Street on the west. The land use in the project area is characterized as urban mixed use, primarily commercial and community services. The community services include public and private medical and hospital facilities. Site Features: This 1.72 acres site consists of two parcels and is being developed as a medical office building. Current Zoning/Use(s): The site is located within the commercial zoning district. Past Use(s): Page 2 The Mobil Gas station and its predecessors operated a gas station from approximately 1940s to 1982. The gas station building was demolished in 1982. Four underground storage tanks (USTs) were removed in 1981 (4000 gal, 3000 gal), 1982 (6000 gal) and 2007 (1000gal). Other previous businesses at the site included an auto repair shop, UB medical and dental departments, restaurant, and a motel Interim Remedial Measure (IRM): Prior to start of IRM, all four sides of the excavation were shored by steel sheet piles. During IRM activities, contaminated soils with petroleum hydrocarbons were excavated to achieve the soil cleanup objectives. Approximately 16,000 cubic yards of contaminated soil were excavated and sent to permitted disposal or treatment facilities. Approximately 11,100 cubic yards of uncontaminated urban fill /soil was also excavated and sent off -site for reuse. Approximately 537,490 gallons of groundwater and lighter non - aqueous phase liquids were also removed and sent off site for treatment and disposal. Site Geology and Hydrogeology: Overburden soils in the area consist primarily of fill material at the ground surface. Geotechnical boring logs collected from the site in 2010 indicate that fill material such as sand, gravel and bricks varies in thickness from 2 to 10 feet across the site. Soil underlying the fill is comprised of interbedded sands and silt that are brown to olive - brown in color. Overburden soils are underlain by the Onondaga Limestone (bedrock), which is at approximately 100 feet below ground surface. The groundwater is approx. 32 feet bgs and flows towards northeast. Additional site details, including environmental and health assessment summaries, are available on NYSDEC's website at hn: / /www.dee.ny.gov /chemical /83697.htm1 and http: / /www. dec . n. gov/ cfmx /extgpps /derextemal /haz/detai ls.cfm ?12ageid =3 &12rogno= C915260 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 FOR MORE INFORMATION Where to Find Information Project documents are available at the following location(s) to help the public stay informed. Buffalo and Erie County Public Library Attn: Reference Librarian 1 Lafayette Square Buffalo, NY 14203 -1887 phone: 716- 858 -8900 Project documents are also available on the NYSDEC website at: bgp://www.dec.ny.gov/chemical/37554.htmi Page 3 Who to Contact Comments and questions are always welcome and should be directed as follows: Project Related Questions Jaspal Walia Department of Environmental Conservation Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 -2915 716 - 851 -7220 Jaspal.wal ia@dec.nygflv Site - Related Health Questions Matthew Forcucci New York State Department of Health 584 Delaware Ave. Buffalo, NY 14202 716- 847 -4501 BEElghealth.ny.woy We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. Receive Site Tact Sheets by Email Have site information such as this fact sheet sent right to your email inbox. NYSDEC invites you to sign up with one or more contaminated sites county email listservs available at the following web page: h_U: / /www.dee.U.aov /chemical /61092.htrnl It's quick, it's free, and it will help keep you better informed. As a listsery member, you will periodically receive site - related information /announcements for all contaminated sites in the county(ies) you select. Note: Please disregard if you already have signed up and received this fact sheet electronically. RECEIVED AND FILED Now Sobdh&APsm is BCA Boundary Page 4 / e I STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION FIVE 100 SENECA STREET BUFFA NY 14203 www.dot.ny.gov DARRELL F. KAMINSKI, P.E. REGIONAL DIRECTOR D262658 CPIN 5812.37.321 Rehabilitation of Four Bridges on Route 33 in the City of Buffalo Erie County September 16, 2014 Oakgrove Construction, Inc. Box 103 6900 Seneca Street Elma, NY 14059 Dear Contractor: JOAN McDONALD COMMISSIONER We anticipate that the above project will be awarded to Oakgrove Construction, Inc., Box 103, Elma, NY 14059. A preconstruction meeting will be held on Thursday, September 25, 2014 at 9:00 a.m. in the Olean Room on the 4th Floor of the NYSDOT Region 5 Office, 100 Seneca Street, Buffalo, New York 14203. At this meeting, the contractor will submit his schedule of construction operations. The presence of your representative is required so that the impact of this project on your facilities may be discussed. Also, Project Safety & Health Plan shall be submitted to the Department at the meeting by the prime contractor. Very truly yours, Daniel W. Paskie, P.E. Regional Construction Engineer Original signed by John M. Wind, P.E. y � RECEI FY AND FILED BY: John M. Wind, P.E. Associate Construction Engineer DWP /JMW /sh p A 9 Hart Secrest & Emery LLP ATTORNEYS ANO COUNSELORS WW W.HBELAW,COM September 4, 2014 VIA HAND DELIVERY City of Buffalo Common Council City of Buffalo Planning Board 65 Niagara Square 65 Niagara Square Buffalo, NY 14202 Buffalo, NY 14202 Landowner Authorization for Rezoning of Cornerstone Manor, 150 North Street East Dear Ladies and Gentlemen: On August 29, we submitted a Letter of Intent on behalf of McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P. for a project called the Pilgrim Village Redevelopment/Campus Square, That submission included a request to rezone the block containing the Pilgrim Village residential complex and the neighboring Cornerstone Manor women's and children's shelter. In our Letter, we stated that we would submit a Landowner Authorization under separate cover showing that Cornerstone Manor, L.P., which owns the shelter parcel, consents to and supports the rezoning. That Landowner Authorization is attached hereto and is hereby made a part of the Letter of Intent. Please do not hesitate to contact us if you have any questions. Thank you for your anticipated cooperation and courtesies. Very truly yours, Harter Secrest & Emery LLP 4�� R AI& Gregory P. Scholand n]RECTDiAL; 716344.3714 EMML: GSCHOLANDQNSELAW.COM cc: Mayor Byron Brown Councilman Darius Pridgen Brendan Mehaffy, Director of Economic Development and Planning Mark Trammell, Pilgrim Village Associates, L.P. David Carswell, McGuire Development. Company Aubrey Calhoun, Buffalo City Mission/Cornerstone Manor TWELVE FOUNTAIN PLAZA. SUITE 400 BUFFALO, NY 14202.2293 RHONE: 71 e. 853. 18115 F 718.853,1e17 ROCHESTER, NY • BUFFALO, NY • ALBANY, NY + CORNING. NY �l� Qy a LANDOWNER AUTHORIZATION FOR REZONI G Cornerstone Manor, L.P. ( "Cornerstone Manor "), a New York Domestic Limited Partnership, is the lawful owner of the property located at 150 North Street East, City of Buffalo, County of Erie, State of New York, bearing tax parcel ID number 100.72 -1 -17.11 (the "Property "), As lawful owner of the Property, Cornerstone Manor hereby consents to McGuire Development Company and/or MKT Holdings, Inc. submitting an application to the City of Buffalo necessary to rezone the Property from its existing zoning classification, split between the R3 (Dwelling) and Cl (Neighborhood Business) Districts, to the CM (General Commercial) District. The import of such proposed rezoning has been fully explained to Cornerstone Manor, which hereby supports and consents to the same. Title: _President / Managing Director _ Dated: September 4. 2014 G. Scholand, Agent, Requesting Landowner Authorization for Rezoning of Cornerstone Manor — 150 North Street East Mr. Smith moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the request of G. Scholand, Agent, to rezone Cornerstone Manor, located at 150. North. MASSED C:1 Usersl kucinski UppDataU .ocallMicrosoft\Window5\Temporary Internet Files\Content.Outlook1O)B2Q V W61Re one 150 Notlh.dacx w, 'AYE* NO FONTANA T SCANLON * . FRANCZYK SMITH GOLOMBEK LOCURTO T s � PRIDGEN T RIVERA � SCANLON * . SMITH WYATT -------- - - - - -] [MA7- 51 * [213 - 6]. l [314 - 7] I Edward J. Taublieb Attorney at Law P.O. Box 565 Olcott, New York 14126 (716) 838 -6430 September 22, 20014 Personal and Confidential _Via Hand Delivery Joseph Golombek Jr. Chair Community Development Committee Common Council, City of Buffalo 1502 City Hall Buffalo, NY 14202 Re.: Agreement between the City of Buffalo and Smith Boys Buffalo Harbor, lnc. Dear Mr. Golombeck, I represent the Erie Basin Marina Slip - Holders Association (EBMSA) regarding the Agreement between the City of Buffalo (Through its Dept. of Public Works, Parks and Streets) and Smith Boys Buffalo Harbor, Inc.(SBBH) This Agreement was entered into on April 16, 2014. Pursuant to Paragraph 8 the Agreement will be automatically renewed for 2015 unless the City terminates the Agreement in writing no later than October 1, 2014. (The Notice of Termination must be personally served or served by Certified Mail.) The EBMSA believes the City of Buffalo should exercise its unilateral right to terminate the agreement prior to October 1, 2014. (This is the only way the City would then be able to enter into a new Agreement.) Given the October 1 deadline this matter should be given the utmost priority. . Section 495 -34 of the City Charter requires the City to collect fees for boats docked at Erie Basin Marina. The fees are set forth in Section 175 -65. The seasonal rates are based on boat length and whether the owner is a City resident or non- resident. The lowest fee is $725, for a 20' boat and the highest is $1,580.00, for boats from 30` to 38'. There are no rates for boats over 38 feet. There are many reasons the City of Buffalo should terminate the Agreement. These include. 1. Despite the fees being set by the City Charter, the Proposed Amended Agreement,(PAA) in paragraph 1, re uir s the City to increase fees. This must be done annually staring in 2015. The increases are set forth in specific percentages. Paragraph 2 of the PAA sets forth minimum net profit amounts. If these amounts are not achieved the City is required to make up the shortfalls The shortfalls are to be reimbursed by April 1 of each year. 2. The Agreement requires audits (Paragraph 8) to be done every two years This means that the actual shortfall amount will not be determined until a very long time after the City has paid SBBH for shortfalls. This result means money owed the city will potentially not be paid for more than two years! 3. Paragraph 3 of the PAA defines the 10 0 /o allotted to "Transient slips" as 28 slips and, that for this purpose the "wall" will be considered to be 16 slips, 30' long. In actuality, boats well in excess of 30' are commonly docked along the "wall ". Moreover, the definition differs dramatically from the City's RFP, which calls for 7 slips, 70' long. This change makes the PAA suspect. 4. In The PAA the City guarantees that slips be divided between City residents and non - resi dents: 35% for City residents and 65% for non - residents. However, nothing in the Agreement re wires SBBH to enforce this. Therefore if the percentage of resident slip holders goes above 35% the revenues will go down. This will increase the amount of any shortfall to be reimbursed. 5. The Agreement does not require the Marine Store to sell beer. in the past beer sales were a substantial revenue source. The loss of this revenue is likely to increase the shortfall. 6. SBBH submitted the only Proposal in response to the Request for Proposal (RFP). (Excluding the prior operator whose Agreement was not renewed.) This is troublesome, given the large number of marinas in the area. Also, the Agreement has many substantial differences from the RFP. Given these facts the City should prepare a new RFP. This can only be done if the City terminates its Agreement with SBBH. 7. The rate increases over the four years for the two commercial boats, Miss Buffalo and Moondance are modest, approximately 16 %. The increases for City Residents are 16% for 20' boats and 40% for 30' and 38' boats. The increase for non - residents is 40% for 20' boats, 68% for 30' and 84% for 38' boats. The rate increases for all non- residents are huge compared to the two commercial boats, This is especially 2 P aggravating because the commercial boats are operated by for-profit businesses. Even for resident owners of boats longer ttran 20' the increase is 40 %. The City should reconsider the disparities and reduce the iricroases fo'rall pleasure boat owners and increase the percentages for the commercial boat owners. S. The rate increases set forth in the PAA are not explained, let alone justified. This is a highly suspect omission. g, The "approval" of the Agreement by the Law Department was "only as to form ". This limitation probably explains the legal problems created by the PAA. Also, the "approval" was done by an Assistant Corporation Counsel, not by the Corporation Counsel. I thank you for your consideration of this matter. Please do not hesitate to call me to discuss this matter. Yours very truly, Edward ]. Taublieb REFERRED TO THE COMMITTEE N LEGISLATION. ^ 1\,A 3 5 N� C_A M 0 6 ri Dear City of Buffalo Common Council, 9111114 On September 11` 2014 a group on volunteers from the Wellness Institute of Greater Buffalo and The Response to Love Center, conducted a daytime walkability audit on Rother Ave from Stanislaus St to Sycamore St. We also conducted a second daytime audit on Sycamore Street from Kosciuszko Street to Rother Ave. We are filling the attached reports for your review and follow up. We make the following recommendations for safety and health improvements (see below and map on the back of the page). Thank you for your support, Please feel free to contact me with any questions 851 -4052 Wendy Van Every wvanevery @city- buffalo.org Director of Neighborhood Initiatives at The Wellness Institute of Greater Buffalo Wellness Coordinator at The Response to Love Center Recommendations for potential improvements; • Striped crosswalks at all intersections (safety hazards) a. Sycamore Street and Kosciuszko Street b. Kosciuszko Street and Stanislaus Street c. Stanislaus Street and Rother Ave d. Rother Ave and Sycamore Street • Painted lines on all roads (safety hazards) a. Sycamore Street b. Kosciuszko Street c. Stanislaus Street d. Rother Ave • ADA compliant curb ramps at cross -areas (accessibility) a. Sycamore Street and Kosciuszko Street b. Sycamore Street and Rother Ave c. Kosciuszko Street and Stanislaus Street d. Stanislaus Street and Rother Ave • Could benefit from bike lanes (complete streets) a. Sycamore Street b. Kosciuszko Street c. Stanislaus Street d. Rother Ave • Could benefit from street furniture like benches and garbage cans (complete streets, would help with littering, and aesthetics) a. Sycamore Street b. Kosciuszko Street c. Stanislaus Street REFER �� CC�TTEE ON COMMUNITY DEVELOPMENT. AND COMMISSIONER OF PULIC WORKS. PARKS & street 1 Walkability Audit Report Street Name: Sycamore St. From: Rother Ave. To: Kosciuszko St. Date: 9111114 Did you have room to walk? Some Issues a. Right Side • Sidewalk was broken or missing. • Grass over taking the sidewalk. • Grass off to side was well cut. b. Left Side • Sidewalks even. • Grass was over grown. • Some litter on corner of Sycamore St. and Kosciuszko St. 2. Was it easy to cross the streets? Some Issues • Needed striped crosswalks or traffic signals, .no crosswalks at any intersection on either side of the street. • No painted lines on the roads. • Curb ramps at cross -areas are not ADA compliant on all cross - areas. 3. Did drivers behave well? Yes 4. Was it easy to follow safety rules? • Cross at crosswalks where you could be seen by drivers: Yes, but no signs or crosswalks • Stop and look left and right and then right again before crossing: Yes • Walk on the sidewalks or shoulders facing traffic: Yes • Cross with the light: No lights 5. Was your walk pleasant? Some Issues • Needs better grass upkeep by sidewalks. • Dirty, some litter. + No abandoned houses 6. Was this street a complete street? No. • Needs bike lane • Needs crossing markings and signs • Needs painted lines • Needs street furniture (bike parking, garbage cans, tree wells, drinking fountain) • Public transportation- Corner of Rother and Sycamore ,�`� Walkability Audit Report Street Name: Rother Ave. From: Stanislaus St To: Sycamore St. Date: 9111114 Did you have room to walk? Some Issues a. Right Side • Weeds growing into sidewalk. • Sidewalk on side of church broken off. • Grass and shrubs looked nice and trimmed by church. • Driveway into The Response to Love Center cracked. • Barrier between sidewalk and street falling apart, cracked, and broken. • Sidewalk in front of empty lot broken, cracked, missing, overgrown grass, trees blocking path, and litter. • Sidewalk in front of apartments by Sycamore looked good. b. Left Side • No abandoned houses • Sidewalks all down the street were cracked and uneven. • Grass not cut in lot areas by Sycamore. • Some litter down the street. 2. Was it easy to cross the streets? Some Issues • Needed striped crosswalks or traffic signals, no crosswalks at any intersection on either side of the street. • No painted lines on the roads. • Curb ramps at cross -areas are not ADA compliant on all cross -areas except for the corner of Rother Ave. and Stanislaus St. on the right side of the street. 3. Did drivers behave well? Yes 4. Was it easy to follow safety rules? • Cross at crosswalks where you could be seen by drivers: Yes, but no signs or crosswalks • Stop and look left and right and then right again before crossing: Yes • Walk on the sidewalks or shoulders facing traffic: Yes • Cross with the light: No lights 5. Was your walk pleasant? Some Issues • Needs better grass upkeep by sidewalks. • Dirty, lots of litter or trash. • One large vacant lot where most litter and missing sidewalk were. kl� M R, PETITIONS Sept 30, 2014 0 1 �' y �) he M. Caputi, Owner, Use 1854 Hertel to Reestablish Restricted Use of a Restaurant in the Hertel Avenue Special Zoning District (Univ)(hrg 10 /7n 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 1 4 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 T+" &4&44) AC KNOWLEDGE- FH AT'.I.HAVE BEEN iNFORME€7 A�WTHE MME =D PLACE -- -_, -- - _ ...... . PUBLIC HEARING REGARDING: r I i , 7 _ C� R To be held in the Council Chamber, 18th 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. Print Name r Phone # Date '7 ATTENTION CONTACT THE PLANNING BOARD, 851-5085 FOR PLANNING BOARD TIME ON CONTACT THE COUNCILMEMBER IN YOUR DISTRICT LtJ IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE FIE ERRED TO THE FULL COUNCIL ON 42 —Z Z-/ w _ IF APPROVED AT THE. FULL COUNCIL MEETING THE ITEM WILlGO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL /f 2 - ;2 — f C,C TO RETURN THE ITEM, TO THE CITY CLERK'S OFFICE %pity of Buffalo F65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 091121201412:10 PM USE Building Application � Submitted By Mike Castro Page 1 Address 1854 HERTEL BUFFALO NY 14214- Location Contact ID AC320556 Name O'DALAIGH REAL ESTATE LLC Mailing Address 330 DEPEW AVE Organization city BUFFALO State /Province NY ZIPIPC 14214 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06/19/2007 To Contact ID AC1216284 Name ROSEN LARRY Mailing Address Organization City 36 TILLINGHAST PL State /Province BUFFALO NY ZIPIPC 14216 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC18841 Name ROSERLARRY Mailing Address 36 TILLINGHAST PL Organization City BUFFALO State /Province NY ZIPIPC 14216 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # - - Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 No Addresses are linked to this Application ■ ■I■ F City } of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14211.2 (716 )851 -4949 Fax (716 )851 -5472 Report Date 09/12/2014 12:10 PM Submitted By Mike Castro Page 3 ENGINEER N There is no planning condition for this project. No Records for This Search Criteria CASTM 09/12/2014 12:08 PRIOR APPROVALS Q Residential ❑ Work with out Permit (FINE) Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) [I Subdivisions Permit Office ❑ Asbestos Survey El Asbestos Abatement Q Multiple Dwelling FLAT FEES ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council El Admin OfficelApts R4 ❑First Insurances Check ❑ Public Works approval ❑Curb Cuts ❑ Beauty Parlor R2 ❑Notarized Permission/ for portable sign one year ❑ . Heating ®Encroachment L] CanopylMarquee ROW Lease showing Use ❑ RodentlVermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerMater Cut ❑ Sewer Retention Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition Q Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ® Restricted Use Permit ❑ Zoning/Use Check E) Tree over 4" at 4' . City Planning ❑ ❑ Thruway Sign approval C:) Citywide Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ Preservation District ❑ N.E.P.A. ❑ Contiguous Check City Survey . ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention ENGINEER N There is no planning condition for this project. No Records for This Search Criteria CASTM 09/12/2014 12:08 Q Work done by owner ❑ Zoning Board Q Residential ❑ Work with out Permit (FINE) ® Commercial Q Multiple Dwelling FLAT FEES Existing Use New Use Dwelling Units Lost 0 ❑ Electrical Dwelling Urrits f <dded n Rlumbi° ❑ . Heating S. Helal Iddin, Owner, Use 1305 Bailey to Reestablish Restricted Use of Restaurant in the Lovejoy Street Special Zoning District (Lov)(hrg 1017) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE C ITY 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 ? 1--9 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 85IA845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TD THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: p tl�J � S� • �, o-Q �-` � r�� r�-1 To be held in the Council Chamber, 13 Floor, City Hall On: 1 At 2.00 pm I am also informed that this is the only notice that the petitionerand or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed .S - /G!• Print Nam /f p�Q� (f phone # S 6 Date ATTENTION OA kA THE PLANNING BOARD, 851 -5085 FOR PLANNING BO RD TIME N UA kA CONTACT THE COUNCILMEMIBER IN YOUR DISTRICT S( 1f Kf./f F'!h.l. -M1 AM Tier ri11• R•^e4- �.- ia��T.�.. -. +wi..w ...a .....- - - - . 10 l 5 r City of Buffalo �� :555 Niagara Square Buffalo, NY 14202 (716)851- 4949'Fax(716)851 -5472 Report Date 09/15/2014 01:54 PM 214329 GY Submitted By Mike Castro USE Building Application Page 1 Stages Date I Time By Date I Time By Processed 09/15/2014 13:51 CASTM Temp COO Issued COO Final Expires Declared Valuation 45000.00 Name Calculated Valuation 0.00 Mailing Address 1305 BAILEY Actual Valuation 0.00 Description of Work — Common Council Approval 511 -98.5 F (1) wlfee & hearing for to reestablish a restricted Use of a restaurant in the Lovejoy St. Special Zoning District. Plans required to split restaurant space. Other use to he grocery store. — Plans required . Parent AIP # Project # Project/Phase Name Phase # Size /Area Size Description Address 1305 BAILEY BUFFALO NY 14206- Location No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application Contact ID AC86876 Name MATHEW CONTI Mailing Address 1305 BAILEY Organization City BUFFALO State /Province NY ZIPIPC 14206 Country USA ❑ Foreign Day Phone (716)893 -6528 x Evening Phone j Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC392527 Name MOHANAGAR PROPERTIES LLC Mailing Address 54 MARLIN DR Organization City CHEEKTOWAGA State /Province NY ZIPIPC 14225 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 01/25/2013 To No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application City of Buffalo USE Building Application ;f 65 Niagara Square Buffalo, NY 14202 (716)851 -490 Fax (716)851 -5472 Report Date 09/15/2014 01:54 PM Submitted By Mike Castro Page 3 Bflo Arts Commission ❑ Arts Comm. Approval ❑ Special events City Engineering ❑ Curb Cuts ❑ Encroachment ❑ Oversize Trucking ❑ Plumbers' Cuts ❑ Street Cuts City Planning ❑ Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey ❑ Address Permit ❑ Development ❑ Flood Plain Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS City Survey (con't) ❑ Subdivisions Common Council ❑ Admin OfficelApts R4 Q Beauty Parlor R2 ❑ CanopylMarquee ROW ❑ Freestanding Sign ❑ Human Service Facility ❑ Portable Sign in ROW Z Restricted Use Permit ❑ Other Environmental Review ❑ S.E.Q.R.A. ❑ N.E.P.A Law Office ❑ Insurances Check ❑ Title Held Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review Plumbing Code Review Electrical Code Review ® HVAC (Mechanical) Code Review ❑ Elevator Code Review Modified DatelTime 0911 51201 4 13:44 Permit Office 668184 ELECTRICAL 1 Incomplete ❑ 091151201413:51 ❑ Assessment Combination 668185 HPLAN 1 Incomplete ❑ 091151201413:51 Lease showing Use ❑ Rodent/Vermin Bait 668186 FPLAN 1 Incomplete ❑ 09/151201413:51 ❑ Telecommunication 668187 PLAN REV 1 Incomplete ❑ 09/15/2014 13:51 668188 PPLAN 1 Incomplete ❑ 09/15/2014 13:51 Fe Water Department i d f ❑ New Water Supply `Eli �� 1 ED r 2 ❑ Water Retention = h = - ' xl',lpw �� Aid F Detail 1, PRIOR REQUIRED APPROVALS Modified By CASTM Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval ❑ Special events City Engineering ❑ Curb Cuts ❑ Encroachment ❑ Oversize Trucking ❑ Plumbers' Cuts ❑ Street Cuts City Planning ❑ Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey ❑ Address Permit ❑ Development ❑ Flood Plain Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS City Survey (con't) ❑ Subdivisions Common Council ❑ Admin OfficelApts R4 Q Beauty Parlor R2 ❑ CanopylMarquee ROW ❑ Freestanding Sign ❑ Human Service Facility ❑ Portable Sign in ROW Z Restricted Use Permit ❑ Other Environmental Review ❑ S.E.Q.R.A. ❑ N.E.P.A Law Office ❑ Insurances Check ❑ Title Held Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review Plumbing Code Review Electrical Code Review ® HVAC (Mechanical) Code Review ❑ Elevator Code Review Modified DatelTime 0911 51201 4 13:44 Permit Office (3 Asbestos Abatement ® Asbestos Survey ❑ Bond /Certified check ❑ Assessment Combination ❑ First Insurances Check ❑ Public Works approval ❑ Notarized Permission/ for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Sewer/Water Cut ❑Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ ZoninglUse Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention Modified By CASTM Modified DatelTime 09/15/2014 13:44 Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators C. Cancilla, Owner, Use 55 Lee to Erect a 1 Story Structural Steel and Steel Manufacturing Building to a Lot in the Buffalo Coastal Special Review District (1,11 `)(hrg 1017) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �P 6�) OFFICE OF THE C I TY 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) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 1P Floor, City Hall Oh: ro At 2:00 pm I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or Petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed l ti..�a.mc rn Print Name L Phone bate ATTENTION t 2 r L 5 U / CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD TIME ON CONTACT THE COU NCI LMEMBER IN YOUR DISTRICT i IF APPROVED AT THE COMMITTFF MFFTINr' T14C rrch %Ant i or _/ .. 1 — Cry of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 09/18/2014 12:02 PM Submitted By DAVID GRUNDY Page 1 AIP # 214489 F, #.. A, k N r k.} {J� - 4 fi S. . ,t1� - -}' ,�3 I.: ::1 ::[ ! - li'. k� -�R - :..�..?.s, l k ' y ,: "��,�1 }3 ✓ ..1.Y!. ; �I: 1 i� .b, y..t( +'I 2?l G`� q- j < ?9'• yf '21 ,k,, ^h' ,I- r•1y'�,rt.,.'i P'- :,�..: /y y � L fll.l,.+.. •r: �lf I 11 v:r Al 4i:"�I 155 �5 (i jj, �r�y: 4_,I� „; "f 1 �. .I S.r :Y :tE� S: sS �I,. � j. _..l nf0 y.,: $�� - h'sr G1ci��. pp"'.i�Ff:Y �" g@`�;�?'� -- _ ( h ,'� ny5 s - x ;• '�i i3r :$; < N 'Y 1 .,�Vfat)il r�r # '.klltVs ^"�"hP.SuYIr ��1 813u,'C.f -Az Stages Date 1 Time By Date 1 Time By Processed 09/18/2014 11:41 GRUND Temp COO Issued COO Final Expires soemated Information Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 324338.00 Priority ® Auto Reviews Bill Group SOW -A Actual Valuation 1950.00 Square Footage 0.00 Name i Description of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -67 A(4) FOR A RESTRICTED USE PERMIT IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT. PUBLIC HEARING AND FEE REQUIRED. ERECT A 1 STORY'STRUCTURAL STEEL AND STEEL MANUFACTURING BUILDING TO A LOT WITH EXISTING MANUFACTURING AND STORAGE, AND ACCESSORY OFFICES AND PARKING, PLANS REQUIRED. Parent A1P # Project # Project/Phase Name Phase # SizelArea Size Description <, „,. u:... ,.: °,, a f �_ i Opp, hY':{ tliaa �. -e'.�r aY 0 ;:':%t'�- �, {,�T� "•a^ - sa I,�y l 61ia.r3?� r:�,; it �rS�� iS Address 55 LEE BUFFALO NY 14210 - Location P �. -.y. 'k> t- /: e `T` ".'aryl 5.: �, ;JI I o 9 € u . I: , � F ti W1t r as 3 :� : � i € . r fi 3 :t 1 _a ' 'r�E S , l: , : > j pa ��..- �' �,SS 6 �"5::::._' a ± •I +a Y h'i { � X�. t -'se P:.� "; �!.'e sL. . . .z�4�a'] il.!4. f.: 7 .$•,::1't"'.�� ' :.� 76rxa��' ... , �J }u „: :i �i �a:_k Contact ID AC257952 Name P.V.S. CHEMICALS INC Mailing Address 10900 HARPER AVE Organization PVS CHEMICALS City DETROIT State /Province MI ZIPIPC 48213 Country USA ❑ Foreign Day Phone (716)825 -5762 x Evening Phone Fax Mobile # Occupant N From To Owner Y From To Contact ID AC89520 Name P.V.S. CHEMICALS INC Mailing Address ATTN:CONTROLLER Organization City 10900 HARPER AVE StatelProvince DETROIT MI ZIPIPC 48213 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05126/2000 To 05106/2007 .� ,� r` �� � y �ty E ^.t - . - �. �61� i' �.,E, �`a i:•-: - � LA E �,... t - � i ,�kS � W� � r x? E 03 . ` - � �� � ��', ��. �`, "� - i � A:"F . �.i• . ����: " . r k�'. .`r. �: � s jt �� a � �.w•.� ' � Y'k�"a: . '�:'r. � � h ��.. , , No Addresses are linked to this Application No Addresses are linked to this Application ' No Other Addresses are associated to this Application I City.of Buffalo GC Building Application G 65 Niagara Square Bu7alo, NY 44202- (.716)851 -4949 Fax(716)851 -5472 Report Date 09/18/2014 12:02 PM Submitted By DAVID GRUNDY Page 3 Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Date/Time 09/18/2014 11:31 Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval 668457 BCODEREV 1 Incomplete ❑ 091181201411:41 ❑ Assessment Combination 668458 CITY WIDE 1 Incomplete ❑ 09118/2014 11:41 ❑ Notarized Permission/ 668459 CC APP 1 Incomplete ❑ 09/18/2014 11:41 ❑ Freestanding Sign 668460 FPLAN 1 Incomplete ❑ 091181201411:41 ❑ Street Cuts 668461 ELECTRICAL 1 Incomplete ❑ 09/18/2014 41:41 ❑ Tree over 4" at 4' 668462 HPLAN 1 Incomplete ❑ 091181201411:41 Preservation Board 668463 SEQRA 1 Incomplete ❑ 091181201411:41 ❑ N.E.P.A. 668464 ELEVATORS 1 Incomplete ❑ 091181201411:44 Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Date/Time 09/18/2014 11:31 Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin OfFcelApts R4 ❑ First Insurances Check Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy/Marquee ROW Lease showing Use ❑ RodentlVermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerNVater Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑Portable Sign in ROW ❑Simple Plan Approval ® Restricted Use Permit ❑ Zoning /Use Check ❑ Tree over 4" at 4' City Planning ❑ Other ❑ Thruway Sign approval ® Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board (] Zoning Variance ❑ Urban Renewal ® S.E.Q.R.A. Preservation District ❑ N.E.P.A. ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Modified DateMme 09/18/2014 11:31 Comments No Comments 1, K. Barnashuk, Agent, Use 533 Northampton -to Erect a Monopole Cell Tower (Ell)(hrg 1017) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD s� OFFICE OF THE CITYCLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk 65 NIAGARA SQUARE ROOM 1308 CITY HALL .BUFFALO, NEW YORK 14202 PHONE; (716) 851 -5431 FAX: (716) 851 -4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: 5 33, C DC+ a, h�n\..Q W" Y To be held in the Council Chamber, 13 Floor, City Hall On: V C4 1W 1 g-m4 At 2:00 prn 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. Print Name 1 ( e( �S,I k) 0 Date - - - -- - ! -Z/3 1 Phone ATTENTION CONTACT THE PLANNING BOARD, 551 -50$5 FOR PLANNIN9 BOARD TIME ON tk: CONTACT THE COUNCILMEMBER IN YOUR DISTRICT CK Ik day„` [ IS Sl. c lq�c7 IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GQTO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL -, TO RETURN TFIE ITEM TO THE CITY ClERK'5 DI =FICE City of Buffalo TOWERISATT Building Application 65 Niagara Square /� 6iffalo, NY 14202 n% (716)851 -4949 Fax(716)851 -5472 Report Date 09/19/2014 02:29 PM Subm By DAVID GRUNDY Page 1 AIP # 214526 Date 1 Time By Date 1 Time By Processed 09/19/2014 14:25 GRUND Temp COO Issued COO Final Expires Associated Information Valuation Declared Valuation 125000.00 Type of Work # Plans 0 Dept of Commerce # Pages 0 Calculated Valuation 12674.00 Priority ® Auto Reviews Bill Group SOW -A Actual Valuation 100.00 Square Footage 0.00 Name Description of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION FOR A RESTRICTED. USE PERMIT FOR A CELL TOWER IN A R2 DISTRICT. PUBLIC HEARING AN FEE REQUIRED. ERECT A MONOPOLE CELL TOWER TO TO A LOT. PLANS REQUIRED. Parent A1P # Project # Project/Phase Name Phase # Size /Area Size Description Address 533 NORTHAMPTON BUFFALO NY 14208- Location Contact ID AC316999 Name COMMUNITY ACTION ORGANIZATION Mailing Address 70 HARVARD PL Organization City BUFFALO State /Province NY ZIPIPC 14209 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 1 111 8/2 01 0 To No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application 1005900002017212 - ❑ Foreign No Parcels are linked to this Application City of Buffalo TOWERISATT Building Application 65 Niagara Square Bulfalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Repoli Date 09/19/20 02:29 PM Su By DAVID GRU NDY Page 3 668594 ELECTRICAL 1 IWANJ Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR AP PROVALS Bflo Arts Commission ❑ Arts Comm. Approval ❑ Special events City Engineering ❑ Curb Cuts ❑ Encroachment ❑ Oversize Trucking ❑ Plumbers' Cuts ❑ Street Cuts City Planning ® Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey ❑ Address Permit ❑ Development ❑ Flood Plain Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Incomplete ❑ 091191201414:25 Modified By .GRUND Modified DateITime 091191201414:22 City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination Common Council ❑ Admin Office /Apts R4 ❑ First Insurances Check ❑ Public Works approval ❑ Beauty Parlor R2 ❑ Notarized Permission) for portable sign one year ❑ CanopylMarquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Freestanding Sign ❑ SewerlWater Cut ❑ Sewer Retention ❑ Human Service Facility ❑ Simple Demolition ❑Telecommunication ❑ Portable Sign in ROW ® Restricted Use Permit ❑ Simple Plan Approval ❑ Tree over 4" at 4' C) Other ❑Zoning /Use Check ❑ Thruway Sign approval Environmental Review Preservation Board ❑ Preservation District ❑Zoning Variance ® S.E.Q.R.A. ❑ N E P A ❑ Contiguous Check Law Office Water Department ❑ Insurances Check ❑ New Water Supply ❑ Title Held ❑ Water Retention Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ® Electrical Code Review ❑ HVAC (Mechanical) Code. Review ❑ Elevator Code Review ❑ Fire Code Review Modified By GRUND Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site. ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical Q Revisions Required for HVAC1Mech. Q Revisions Required for Elevators ❑ Revisions Required for Fire Bureau Modified Date/Time 09/19/2014 14:22 M. Croce, Owner, Use 251 Franklin -Erect LED Non - Accessory Sign and Accessory Illuminated -Box Sign to a Restaurant (Ell)(hrg 1017) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK 2�1 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 NEARING REGARDING: XTo be held in the Council Chamber, 13 Floor, City Hall On: C G'-ft 1 ' ;'6 1 4 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. i � 4�v Print Name '! l�K :. C� � PNone # . O Date d ATTENTION CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD TIME ON �� - 1 — I `t' CONTACT THE COUNCILMEMBER IN YOUR DISTRICT (2 W- W1 R I3lS g,T[- R$0 IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON _ _ JQ- kk 4 -L� v.� -t City of Buffalo 65 Niagara ware FI l Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 r Report Date 09/19/2014 03:07 PM Submitted By DAVID GRUNDY SIGNS Building Application � a 6 Page 1 AIP # 214529 `� z � l k,il��,ar,,rca"�, .�' •�y AI# ?�., �` ` 't f -° 's# i .I � #�i� 9'}��:�I`] { � 1 � � � I� } �A }� � � `.Yr �.& 73�Li`'' �� �1 w`s }5 -_ � � ''�'' �'�'T � f �, � ?Fi� - ',;:` "u `•.�."� S '� lk. `6 i. '-.ti'l "i •i .;i Stages r �,`� '.;.,F� �z� �� l .- ¢+f F ���7 '� k .ei.lfli d n7l��iy2�3� kl�`ll - - ,siu:s�.."d ih'�ea�, .'.��vi"r�. .`..r�"l€t�Yf< m`5. 5 '.. Z =.� Date I Time By Date I Time By Processed 09119/201415:05 GRUND Temp COO Issued COO Final Expires Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0,00 Square Footage 0.00 Name Description of Wo6 COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -63 H, FOR A RESTRICTED USE PERMITFOR A T BY 14' ILLUMINATED SIGN WITH INTERMITTENT LIGHTS IN THE SIGN CONTROL OVERLAY DISTRICT. PUBLIC HEARING AND FEE REQUIRED, ERECT AN L.E.D. NON - ACCESSORY SIGN AND AN ACCESSORY ILLUMINATED -BOX SIGN TO A RESTAURANT / NIGHTCLUB. PLANS REQUIRED. Parent AIP # Project # ProjectlPhase Name Phase # Size]Area Size Description ,� ?. ""d_"s`f f S� F '.. d yy I '� - '� •'. $° a„.& R �-. y +r -: S�'� ,�`... � xi 4 r � 13 ., � � �� � I I �lN _ - 1 ;?ds -� h c'e.'. l * � :I: fr ;�..'," 3u k l EC - Ir "; .,,,,ti _ �.:I ��. ..c^ •: K t { � r..k : - R . St t .+ �,� tl ;�1 -� � � ; :. 'y � Il ,I _ ��::��X � r " fF1' � °14 1 .. Address 251 FRANKLIN BUFFALO NY 14202 - Location w � ''T -I,k'1 ,hl ` .d 4 jr w F�i 1 �1i . F ), - � - i+`' I - m ix. ' " r r ` IIL3 f ^,.2 - k ,_. "°I .'tl i (-1 C { • 4 k ,°s., it i.' f H ', : J _ 1 _ E,k 7} F.�, .... Nt. 1 3J },r .1fl ti Contact ID AC1318913 Name SKYDECK CORPORATION Mailing Address Organization City 257 FRANKLIN ST State /Province BUFFALO NY ZIPIPC 14202 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/23/2005 To 05/06/2007 Contact ID AC77582 Name SKYDECK CORPORATION Mailing Address 257 FRANKLIN ST Organization City BUFFALO State /Province NY ZIPIPC 14202 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC77652 Name SKYDECK CORPORATION Mailing Address 257 FRANKLIN ST Organization City BUFFALO State /Province NY ZIPIPC 14202 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 12122/1998 To City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)881 -4949 Fax (716)851 -5472 Report Date 09/19/2014 03:07 PM 668598 PLAN REV 1 Submitted By DAVID GRUNDY Incomplete ❑ 091191201415:05 Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey (con't) Permit Office ❑ Arts Comm. Approval ❑ Subdivisions ❑ Asbestos Survey ❑ Special events ❑ Bond /Certified check Common Council ❑ First Insurances Check City Engineering ❑ Admin OfficelA is R4 P ❑ Notarized Permission/ ❑ Curb Cuts Beauty Parlor R2 ❑ y Lease showing Use ❑ Encroachment ❑ CanopylMarquee ROW ❑ RodentlVermin Bait ❑ Oversize Trucking ❑ Freestanding Sign ❑ Sewer/Water Cut ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ® Restricted Use Permit ❑ Zoning /Use Check City Planning ❑ Other ❑ Citywide Site Plan Preservation Board ❑ Subdivisions Environmental Review ❑ Preservation District ❑ Urban Renewal ❑ S.E.Q.R.A. ❑Contiguous Check C) N.E.P.A. City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Comments No Comments PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ❑ Fire Code Review Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau SIGNS Building Application Page 3 Modified DatelTime 09/19/2014 15:05 ❑ Asbestos Abatement ❑ Assessment Combination ❑ Public Works approval for portable sign one year encroachment ❑ Sewer Retention ❑ Telecommunication ❑ Tree over 4" at 4' ❑ Thruway Sign approval ❑ Zoning Variance Modified DateMme 09/19/2014 15:04 2 Q�'` "` V. Cali, Owner, Use 1456 Hertel - Expand a Sit -In Restaurant into a 1 Floor Apartment in the Hertel Ave Business District (Del)(hrg 10/7) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �G OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk . Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MIL.LY 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: XTo be held in the Council Chamber, 13" Floor, City Hall On: 0 - At 2.00 pm I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed Print Name Ui C�4thr' _ � � Phone # 716 90 - I3/ Date _ . ac/ w /!I ATTENTION CONTACT THE PLANNING BOARD, 551 -5085 FOR PLANNING BOARD TIME ON Ockr 11 . 14 CONTACT THE COUNCILMEMBER IN YOUR DISTRICT n\- UaC,,rA, o4w%- IF APPROVED AT THE COMMITTEE MEETING THE IT WILL BE REFERRED ' TO THE FULL COUNCIL ON OC80%.-t I-4 , ► City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 ell Report Date 091241201410:27 AM Submitted By DAVID GRUNDY Page 1 AIP # 214679 h i N Stages Ta Date l Time By Date I 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 Z Auto Reviews Bill Group Actual Valuation 0,00 Square Footage 0.00 Name De,aCriptoon of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 511-59 F, FOR A RESTRICTED USE PERMIT. PUBLIC HEARING AND FEE REQUIRED. IN THE HERTEL AVENUE BUSINESS DISTRICT, EXPAND A SIT-IN RESTAURANT INTO A REAR I ST-FLOOR APARTMENT; 2ND FLOOR APARTMENT REMAINS. PLANS REQUIRED. Parent AIP # Project# Project/Phase Name Phase # SizefArea Size Description ff Address 1456 HERTEL BUFFALO NY 14216 - Location AKA 1458 HERTEL Contact ID AC368340 Name BUFFALO NIAGARA PROPERTIES Mailing Address 2846 WILLIAM ST Organization City BUFFALO State/Province NY ZIPIPC 14227 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/17/2005 To Contact ID AC1 215884 Name FRANCA FERGUSON SONIA;ARCURJ Mailing Address Organization City 2195 MAPLE RD State/Province WILLIAMSVILLE NY ZIPIPC 14221 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/0612007 Contact ID AC1 8440 Name MAGALUSO ANTONIO J & W Mailing Address Organization City 60 MAPLELEAF DR State/Province WILLIAMSVILLE, NY ZIPIPC 14221-2714 Country . ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 0512812000 To 05106/2007 C4 of Buffalo ', 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 09/24/2014 10:27 AM PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check Q Sewer Code Review ❑ Plumbing Code Review Q Electrical Code Review ! Q HVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fire Code Review No Conditions No Records for This Search Criteria 0 No. of Residential Units Lost ❑ Residential 0 No. of Residential Units Added ❑ Commercial ❑ Zoning Board of Appeals Building Construction: ORDINARY There are no items in this list No Employee Entries GC Building Appiicatio7 ? A Submitted By DAVID GRUNDY Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site Q Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau ❑ Work Without Permit (FINE) Debris Page 3 ❑ Work Done by Owner ❑ Truss Construction ELEVATORS You must fill out the custom form on activity detail if there is ELEVATOR work to be completed. No Log Entries r ta° r' �. u�xnrsnw�.�.�o�r7d I 7ai�3YNkt,Y ui h51A M13'S41$d'Er7 5`O R!G'f'.KL11YL4 r �ka TNR'i WIIe FJ uE R£YEACS[i9,y d!1 ks'{lfyrYWiTkU17 Z i g h a a 9v5 . � 0 UI.S�'�d2l�L 1=1 a /1oIZVJ�IL.tc �4� . i h W a a 9v5 . � 0 UI.S�'�d2l�L 1=1 a /1oIZVJ�IL.tc �4� . i �N14'f.4kYOR'a B�aL No, al.9Rh RE- SU RE- SURVEY RE- SURVEY HAR OLD L. GANTZER D. . of 5 -4 ,,.. ! y . KRAUSE $C GANTZER v n m a a ry CIVIL ENGINEERS &LAND SUF2VEYOR5 e o 0 0 o d o a o •....... . 1828 LIBERTY BLDG, o m n n e _ 420 MAIN STREET BUFFALO, NY 14202 No. 1 S f, 93S L.L. 2o4 0 is I 1� 17Sw. au lLl]I G �lo.IL-Lo ul L"R4 c tS I92 � y o n • � � bra Slorl 0.044_= . � 79e 3S'o 0 33'00 v <Am(A7s o 8 [1aS� 1 i a ltii. l_ rr.4E 2 � Ray f An o1rif m wjap is In vrola t i, At the few, exDsgO. va pmv.lded in 9actlon Fq0 , 'eRt.? of t11e: w Yank Maim Eder�ion B,:1ra. AVV.. P,2F1v115ES 5T'I'L�JaTL -Z7 Jlr� G1TYo� L F-.6 LT Of LS5r 77, 71,PjA 11 2GC.8 HOL LANE) LIAND Ca 5U?zVE3r �N14'f.4kYOR'a B�aL No, al.9Rh RE- SU RE- SURVEY RE- SURVEY HAR OLD L. GANTZER D. . of 5 -4 ,,.. ! y . KRAUSE $C GANTZER v n m a a ry CIVIL ENGINEERS &LAND SUF2VEYOR5 e o 0 0 o d o a o •....... . 1828 LIBERTY BLDG, o m n n e _ 420 MAIN STREET BUFFALO, NY 14202 No. 1 S f, 93S L.L. 2o4 02001 P. Strada, Agent, Use 232 Forest for a Free Standing Sign (North) (hrg 1017) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD S� OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY K BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics �-A' 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: b lie c) i X To be held in the Council Chamber, 13' Floor, City Hall On: 0 (-)� v I � a-'t-3 At 2:00 pm am also informed that this is the only notice that the petitioner and or owner will receive, and that if 1 am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Print Name Prone #fib Date 1 - -- ATTENTION CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING; BOARD TIME ON �r -`�' �Z � ab%q CONTACT THE COUNCILMEMBER IN YOUR DISTRICT 0-0 0 la Iri1�— 1 5a�. a,nv, s l - SI+ 4 cZ- W- I k� - J-? - I City of Beffalo SIGNS Building Application fib Niagara Square Buffalo, NY 14202 �y�t (716)851 -4949 Fax (716)851 -5472 U Report D ate 0912412014 11:53 AM Submitted By DAVID GRUNDY Page 1 AIP # 206324 Stam Date 1 Time By Date I Time By Processed 03/06/2014 11:52 GRUND Temp COO Issued COO Final Expires Associated Information luatmon 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 Descroploon of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 387 -19, FORA FREESTANDING POLE SIGN, PUBLIC HEARING AND FEE REQUIRED. ZONING BOARD APPROVED, SECTION 511 -104 A(4)(b), FOR SIGN SIZES MAXIMUM IN A C1 DISTRICT, INSTALL A POLE SIGN TO A LOT FOR A STORE. DRAWINGS REQUIRED, Parent A/P # Project # ProjectlPhase Name Phase # Size /Area Size Description '1 _ `C 7 14 N i (1 d .� ` Y ZF 41 fly4 F�y _ F1i. k "' I� 3 #1 , li. - r ,. fk - xl ` a £r3 ,cr ' Address 232 FOREST BUFFALO NY 14213 - Location S RI Rh'`m Contact ID AC391851 Name LOCKWOOD JOSEPH D JR. Mailing Address 88 VULCAN ST Organization City TONAWANDA State /Province NY ZIPIPC 14207. Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 10128/1997 To Contact [D AC1225425 Name LOCKWOOD JR. JOSEPH D Mailing Address Organization 1 City 232 FOREST AVE State /Province BUFFALO NY ' ZIPIPC 14213 -1052 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/2212005 To 05/0612007 Contact ID AC27961 Name LOCKWOOD,JR. JOSEPH D Mailing Address 232 FOREST AVENUE Organization City BUFFALO State /Province NY ZIPIPC 14213 -1052 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 .Cit of B'Uffalo SIGNS Building Application 65 k)gara Square Buffalo, NY 14202 37 (716)851 -4949 Fax (716)851 -5472 Report Date 09/24/2014 11:53 AM Submitted By DAVID GRU Page 3 10' -0" Custo D ollar Gener Description: Project No: 298739 Scale: 112'= 1' -0 "� = M50 @ 8' OAH Date: 816113 - - - drawn By: RB - -- Location & Site No: Revised: Customer Approval: NOTE: Unless specified by customer, all depth of embossing will be j determined by Everbrite Engineering or existing customer specifications on fl le. Colors and graphics on file will be used unless otherwise specified by customer. Please read carefully, check appropriate box and fax ❑ Sketch OK as is back to Everbrite: �] New sketch required SIGNA DATE PRELIMINARY SITE PLAN CITY,STATE - STREET: FOREST AVENUE, BUFFALO, NY PROTOTYPE: GROUND -UP CONVENTIONAL . DEVELOPER DESIGNER DATE: BLDG /SALES SP: 9 , 066/7 , 280 COMPANY: SIENNA REALTY COMPANY: RDS 7/22113 ACREAGE: 0.68 NAME: FRED LAFASO NAME- ROBERT J. TRYB{JLSKJ _ PARKING SPACES: 38 PHONE #: (716) 870 -4878 PHONE #: 585 474.495S 16'x16' (Min.) Cone. 18'x1 ' $ (Mtn.) Concrete 5'x5' Cone. Pad Delivery Pad Du>Inpster Pad at Exit Door 74 36' 36' :: - Parkin Stop T g p Yp 20' j w 25'R W Q W 20',: s W � 124' o coo , .I < A o Lighted I ybwgiowv/ `� Underground Electric 6 3T: :: 10 7 ./� o ... 6 35 ' EXISTING F ®REST AVENUE LQJ TRAFFIC SIGNAL j 1515 A CONCEPTUAL PLAN OF AN EXISTING SITE. THIS 15 NOT FOR CONSTRUCTION. E PLAN WAS DRAWN USING INFORMATION PROVIDED BY THE CLIENTIO WNER, AND AN RIAL PHOTO. ALL LINE WORK ON THIS PLAN SHOULD DE FIELD VERIFIED BY A ENSED LAND SURVEYORCL} ENTIOWNEP fiENANTIGHESPONSIBLETOIDENUI MY ILDING ANDIOR SITE CONSTRAINTS THAT MAY AFFECT THE PROPO5ED USE IN ANY AVCUENTIOWNERrtAN ENT TO ALSO DETERMINE I F THIS SITE LAVDUT COMPLIES WITH L APPLICABLE CODES d REGULATICNS. SIQ ' Release Date 7.24. 13 0200! D. Hall, Agent, Use 617 W. Delavan to Rezone From a, R2 to a EB so that Parcel may be Merged with 905 Elmwood (Del)(hrg 10121) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD idol 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) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: 9-( a-0I4 At 2:00 pm ja�� 1 am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed �� — y'` 1 `� G `` (fgent, Print Name 0 , 1 , \r ( l Phone # Date 7/1 �l1 — ATTENTION CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD DATE & TIME /V 7 - 4 CONTACT THE ZONING BOARD, 851 -5082 FOR ZONING BOARD DATE & TIME CONTACT THE COUNCILMEMBER IN YOUR DISTRICT - 7 L De, vql-� I v- r l i To be held in the Council Chamber, 13 Floor, City Hall On: PC'1'1'fION 'f'O AMEND ZiINfNG MAl' 7> (MUST BE OILED IN QrrAnitUl'LICA'TE) (REVISED JANURRY 199,3 ) . APPROVED AS 'p{) .FORM ONLY DA t'C • 4 BY Divisron of planning rioom 901 city Iia'11 ' COMMON COUNCIL, OF THE CITY OF BUFFALO. Pursuant to Art[cie XHy Section 511 - 126 of °Chapter 511 of the Code of the City o f Buffalo, the undersigned petitioner hereby, makes application for an amendment or change , in the Buffalo Zoni.ng Map concerning certain premises In the'bity as follows: I. Marne ar)d Address of Petitioner: �F'rr.JC�P V( � ' Ms eF" j s LAC c + r ZfS 2. Descriptio of property sought verified by y to be rezoned by'street and. 4ddress: (this must be the Survey Office- L)ivision of"Enginaering•- Room 605 City iiall.) 3. 'Total area of proper to be rezoned in square feet: - g . 11- If the petitioner is not the owner of the premises give A. Name o1' owner t Address(es)'ry`Y( f�:�, 'WhaL is Interest of r Petitio r ner• in this proporse�d Zoning Amendment ? etc wp P, *GC , (.e_,4 na NiW-1 5.. An accur-ate survey, by a licensed surveyor, of the property, showing dimensions and all boundary lines, and attached on bath prigi'na t:hs-locatlon of all structures on the premises. 1'o be .1 and copies of petition. 6. Legal deaGr tion, y metes and bounds of the property soug}rt to be rezoned: 't'. Present coning classification of premises: 4. Proposed zoning; elassifica / ion of premised: L 9. Present .rise of premises: Ly� LL 0 10. Proposed use• of premises: PuJ1 • - oco , vd !! f #1. I)escr11)Lion, a uses on premises adjacent to the proposed .rezoning requL' e� and the J general, deser[ption.of the kir}d of neighborhood this area is situated: North- C4 M1ArJ P0-k'd 40f ---------------------------- Cast- . _! - 1=aki f A South Iti c f" & i" a Ir I'le$ 0. S •Gr Neighborhood descri.pi;fon- 9� 12. bascription of the adjacent ofing districts surrounding p ro p er t y North -� 0.tiv( perty to .lie rezoned: Cast- gouth- 511EC'TS . MAY AC. AJWD IF NME%D .�'0 nNSFICR` ANY QUES'Fil?NS } , ' PACE 12 (Revised 1193) 13. Map s lg nge properties, proposed ckrange and owners of such properties, included in the ed , and all properties having a frontage on both sides of the public highway or highways upon which any premises included in the propoted change have a Frontage, wlthi,n feet In both directions along such highway or highways from.tPis nearest 'side line, or nearest side line extended, of the premises included - In the proposed chango, and also, the names of-the owners of all Properties located within 50 feet 'of the rear or side line of any premises lnuluded In the proposed change must be attached on the original and all copies Of the 1letlLion. 1EI. list of all uwnere and current mailing addresses as shown on the above map, required in accordance with Section 511 -126 li (2) of Chapter 51i of the Code of the City of Buffalo: 1. 2, 3. 5. 6. 7. a. 9. Name Please 1'N[N'1' Address (Please-11111N'1' 11. 12, 13. 15. 16 17_ 18.� 19. 20 . 21, _ 22. 23. — 25.' 26, 27 . _ '2£1. 29. 30 31. 32. 33. 3$._ 35. -- 36. 37.� 38. 39. 1ko.`- ki 2 . 1 13. Ei 1 i . Ei5 . 1 16. 1 i 7. Elt3 . jig. 50: (USE fsrT11A skki ci 'S .IF NE C$SARY)' r ti . _.•y FAGS; 4 :3 (Ilevl$ed 1/93) 15. Tire peLll:ionet states the use under the imposed amendment ry to or In viola to the 2.oni.ng map is nut oo wtraLion. of any private agreement, bull.(Jirrl{ restriotlons or other legal reotrietions of record. The"Petitloner holds that the proposed r�LOnirrg is not inconsistent with a well cons #dered plan for the developruenL of the Clty as described, in Section 511- 2, of Chapter 511 or the Code of the CILy 01' Buffalo, and that We proposed. zoning is not in conflict wlLh local objectives In the development of the City.as a whole. 113. The fol:l.owlrrg additional Information is. Currnished by ttre Petitioner Lo asslsL Lire Common councl..i in ts'consideration of the matter set forth'ln the petition: 17. Every application, Petition or request for a change 011 or for. a variance or amendment of the zoning or planning regulations, and every applicaL•ion, petition or i °ecluest for the approval of a plat or for the exemption from a {dial, y official map, license or permit, shall contain the following: (A) State, to the 'exL known by the applicant, whether any State Officer or any officer oC the County of Erie or the L'ity of Duffa #o or any employee of said County or' City has any in h -y Of application; (YES) (NO) (11) state the name and address of the aforesaid' interested person or persons: (C) Stale Lhe nature and extent of the interest: war iCIi 'ro V ETlTIONrll :' AN OPFICER Olt EMPLOYEE, SHALL DE DEEMED '1'O 1JAVE AN 1N1'Eit1:S'1' !N '1'112 APPLI flF N1 lllr S GIiANI)!.'ll[1.1)ftFN, , li13/11Eft SPOUSE, OR THEIR llft0'flicitS, Srs'rERS, i'A1tEN'1'S, C CST I N OJl TIDE SPOUSE OF ANY OC '!'IIEM: (a) IS THE APPLICANT, Ott (b) lS AN O"ICER, I }IRCCTOH, PARTNER Olt EMPLOYEE OP 1 APPLICANT, Olt (c) LLGAt.LY Oil 11f'NCCICIALLY OWNS OU CONTROLS STOCK' OF A COItPOItAT APPLICANT' Oil IS MEMBER or A PAHtIWERSJii'P OR ASSWIATION WI 11 11113 APPLICANT, OR (d) 13 A PAJITY TO AN' AGREEMENT 1!IT11 SUCI1 AN APPLICANT, EXPIlESS Oil IMPLIED, idliEltElly NE /S" MAY 111 ;CE1VE ANY PAYMENT' Olt UNIER DENEFI'J', 4JIECi1113R Ofd NOT CDIt SERVICES l2LNDEItI.Ei, !)Es!'ENOEN'1' OIt LON7'i-NGCNT UPON TI1E'FAVOltJ111LE APPROVAL OF SUCII APPLICATION; PI?'J'I'1'!ON Q11 11EQUCS'F, OWNERS11IP OF LESS T[JA'i' Eel . VE (5) PERCENT Or T112 STOCK OF A colt 44111ATION HE1osc STOCK 15 L15't'C!}. ON TUL N-E W YORK Olt AMERICAN STOCK EXCHANGE SHALL E:W CONSVITUTE AN 1NTCRES'1' L`01' 'J'lJl? PUlfl'OSES OF '!'lllS API'L1CA'1'1ON. I)A'!'L': py r� , jil, Bu Y I c } (SignaWre of Pet1L SY'A7'!'s 6F New YUitK ) COUNTY or RRIC } CITY (}I` IlU FAL{}((//y� ) , !in tEi i.s4�xy of , f7 personal., a y ppeared before me (Nam jLr � f i itn�JUf� (Addres r L;? tEre tieLJLioner, Lo me known to be Lila same person described in and who signed and exeeuL"i L" foregoing pet and who dul acllnaw:Eedged L'o me L't execution of' l :lie same War Lhe pur pose therein.mentlone e / rie C Eyl. tary Public, County, .Noy N. Y, KA i A. LINI oust f L 'ouuniasian. expires Notary Public, State of New Yor Qualified m Erie County My Commission Expires March 24 DOeS petlLlon require action in acdordande w La ith the General hluninipal ud, Section 23) -L and 2�g -M ? (To be .answered. by .1)ivislan aJ' Plannitr YES .g). _ No aN3J31 srsrsnm �a..wr,wo.°Vi.,q�.oaow v.rr.r wmrw�unn - 3'.mv�v /OXYL4 A 3lAtgY Y �Ad!/1 P.�.FT WWY RnNRpatl lA!Np.7.0.TaY1!/r'eGH �[I.r/a'/ - np,gay Wm9'.4e.YM'd Na my nuns wW 7 Haw'a , .WOre.gy %V .,,➢ 94nW a.lppeme w p.aag w lay .®i1W is OSYN taw NAm mp W W+.PIA Wormy MWn law M V w wts 9bA� �KiL.V Sw M.+aM1nwa .N lmu lwn..a ..eP .ayN b/aou .y ya�aga IYAGL$ Pw�'rwM ay I.VI rlwmf arP � N[ �W.P b,n� y YhN� �ae¢pmy ,ro.Y wlmnl uvy weq W.w .JId01n ewwGepw ay ITEM # 6: LEGAL DESCRIPTION OF 617 W. DELAVAN 1PR.ENHSES PARCEL "A ALL THAT TRACT OR PARCU OF LAND, situate in the City of buffalo, County of Erie and State of Now York, being part of Lot No. 62, Township 11, Range 8 of the Holland Land Company's Survey bounded and described as follows: BEGINNING at a point in the southerly line of Delavan Avenue 110 feet easterly of the intersection of said line with the easterly line of Elmwood Avenue; running thence southerly parallel with Elmwood Avenue 128 feet; thence easterly parallel with Delavan Avenue 30 feet; thence northerly parallel with Elmwood Avenue 128 feet to the south line of Delavan Avenue; and thence westerly 30 feet to the place of beginning. I � w r } ' I N I. AA pp il. YiJli ITEM # 16: ADDITIONAL INFORMATION EL L I C OTT ELLICOTT SQUARE BUILDING TEL: 716.854.0060 295 MAIN STREET, SUITE 210 FAX: 715.852.2829 DEVELOPMENT BUFFALO, NY 14203 -2219 ElllcottDevelopment.com September 5, 2014 City of Buffalo planning Board 901 City Hall Buffalo, NY 14203 Re: 905 Elmwood Avenue Dear Board Members: Located at the above refererrcod address, at the ;southeast corner of Elmwood Ave. and W. Delavan Ave., is an operating gas station and convenienoe store known as the Elmwood Delavan Food Mart, which we are acquiring along with to adjacent two -story vacant house at 617 W. Delavan. We, propose to demolish all existing st Qtures on site, including the gas station building, canopy, fuel pumps, and the adjacent house. As part of the and wc.lgpment of the site, we have applied for, and expect acceptance into, the NYSDEC Brownfield Cleartpp Program, which will facilitate the removal of underground fuel storage tuls and any contaminated soil. Our proposal calls for the construction of a four - story, 44,000 square foot mixed -use complex, including residential, restaurant and retail space. The first floor of the building will include approximately 1,500 square feet of retail space facing the Elmwood and W. Delacvan intersection at the northwest corner of the building. The Temainder of the first floor, approximately 5,000 square feet, will be occupied by a restaurant tenant, Giarmi's. The restaurant would have a sidewalk patio along its Elmwood Avenue firontage, Accessible only Qn West Delavan Ave., a concealed parking area with 27 spaces would take up the rear portion of the first floor area. The second floor would feature approximately 1,200 square feet of indoor /outdoor during space for Gianni's as. well as 9, 800 square feet of residential space. The.ftd and fourth floors would be all residential, with approximately 11,000 and 9,800 square feet. of space respectively. In total, we are proposing 21 high -end residential units, which would range from 900 to 1,900 square feet per unit. We feel that the Iayout of the building will maximize the potential of the site, and would be a great improvement over what is currently a void at one of the busiest intersections in the Elrawood Village. Overall, the project ali *ns with the Buffalo Green Code by enhancing a walkable, mixed -use neighborhood with a pedestrian - friendly building that is built to the sidewalk and features accessible and visible first floor spaces. The design of the building adheres to the design standards of the Elmwood Village. A variety of materials are used to break up the mass of the building, and also serve to separate the different uses within it. Glass curtain wall, for example, is more prpmineat is th, more open public spa ws, including restaurant COMMERCIAL • RESIDENTIAL • DEVELOPMENT • MANAGEMENT • LEASING • HOSPITALITY * PARKING • CAR RENTALS and retail. Private residential spaces are Moro concealed using brick masonry with smaller punched openings along with a vertical wood screen that provides a slight visual buffer and solar control. Finally, the height of the building steps down from four to three stories as it abuts its residential neighbors on both Ehiawood and W. Delavan. While cleaning up a contatniimted proporty that has been a longtime eyesore for the neighborhood, this project would create a new a«cho .1' for one of the Elmwood Village's most prominent intersections. We respectfully request your approval of this project Very truly y4ars IIIA 7ZF x Director ofDovelopment 123 BIDWELL LLC 1256 HERTEL AVENUE ASSOC LLC 141 BIDWELL, LLC 5853 FILAREE HEIGHTS 773 NIAGARA FALLS BLVD 946 PARKSIDE AVE MALIBU. CA 90265 AMHERST, NY 14226 BUFFALO, NY 14216 174 LANCASTER LLC 936 -946 ELMWOOD, LLC ACEA HOLDINGS, LLC 137 ST JAMES 946 PARKSIDE AVE 4220 CLARDON DR BUFFALO, NY 14222 BUFFALO, NY 14216 WILLIAMSVILLE, NY 14221 ALAIMO CAROL J. ALESSI JOSEPH J AMIGONE GAILE L 556 LAFAYETTE AVE 150 STONHAM WAY 24 ARGYLE PARK BUFFALO, NY 14222 WILLIAMSVILLE, NY 14221 BUFFALO, NY 14222 -1206 ANNER SARAH K ANTONIUS DANIEL GRYS ANTONIUS BETH APPELBAUM MICHAEL APPELBAUM GWEN 159 ST JAMES PL 167 ST JAMES PIL 607 ASHLAND AVE BUFFALO, NY 14272 -1457 BUFFALO, NY 14222 BUFFALO, NY 14222 -1308 CIO KEVIN A. CUZYDLO ARTHURS WYATT R HYNES CHRISTINA M ATH LLC ATH LLC 605 LAFAYETTE AVE 900 ELMWOOD 1699 WEST RIVER RD BUFFALO, NY 14222.1435 BUFFALO, NY 14222 GRAND ISLAND, NY 14072 BARRY KEVIN D BARRY CLAIRE M BEAN DOUGLAS C BEAN ELLEN J BECKER PATRICIA M 66 HODGE 603 ASHLAND AVE 5637 ASHTON LAKE DR BUFFALO, NY 1'4222 BUFFALO, NY 14222 -13DB SARASOTA, FL 34231 BERARDI DANTE BIDWELL MANOR APTS LLC BLACKACRE BROTHERS LC 7 ARGYLE PARK 112 BIDWELL PKWY 1234 DELAWARE AVE BUFFALO, NY 14222.1205 BUFFALO, NY 14222 BUFFALO, NY 14209 BRECHTEL CHRISTOPHER HERMAN BROUGHTON NEIL BROUGHTON CORY CAMPBELL MARY LOU 199 ST JAMES PL 7107 TOWNLINE RD 183 ST JAMES BUFFALO, NY 14222.1457 NORTH TONAWANDA, NY 14120 BUFFALO, NY 14222 -1457 CAMPBELL MARY LOU CELLITIOCI PETER CELLITIOCI JAYEE M CHEN WEN DUAN & CHENG XIANG CHENG 187 ST JAMES PL 168 ST JAMES 645 WEST DELAVAN BUFFALO, NY 14222.1457 BUFFALO, NY 14222 -1456 BUFFALO, NY 14222 CHRISTIANO ANTHONY M JR. CITY OF BUFFALO PERFECTING TITLE CLOUGH WILLIAM PLUMMER WRIGHT 170 ST JAMES PL 65 NIAGARA SQ RM 901 15 ARGYLE PARK BUFFALO, NY 14222.1456 BUFFALO, NY 14202 BUFFALO, NY>14222 �v% rHAPEIIC ScALF, LEGEND aglOWARr b YGPGQqAFWW,, 0200...E Munson, Sandra From: Mikey Caputi <mikecaputiOl @gmail.com> Sent: Tuesday, September 23, 2014 7:09 AM To: Councilmember Wyatt - University Cc: Munson, Sandra; Corley,Doris Subject: Re: Business Development Councilmember Wyatt, Thank you so much,.I look forward to having a coffee with you one day and discussing how we can help boost the University district. Also please let me know if there is anything else 1 can do. And if I. need to be present for the meeting. Mike Caputi On Mon, Sep 22, 2014 at 12:32 PM, Councilmember Wyatt - University �r att ch.ci.buffalo.n .us> wrote: Hello Mr. Caputi; have received your message and thank you for the community outreach. It seems you have received overwhelming support for the Daily Planet Coffee Shop I will do what I can to expedite the approval process. Thankyou for your cooperation and investment in the University District! Rasheed N. C. Wyatt University District Counci! Member Buffalo Common Council City Hall Room 1508 Buffalo, New York 14202 7.16- 851 -5165 O ; i "Unity in University" I. s� Munson, Sandra From: Councilmember Wyatt - University Sent: Monday, September 22,2014 12:33 PM To: 'Mikey Caputi' Cc: Munson, Sandra; Corley,Doris Subject: RE: Business Development Hello Mr. Caputi; I have received your message and thank you for the community outreach. It seems you have received overwhelming support for the Daily Planet Coffee Shop I will do what I can to expedite the approval process. Thank you for your cooperation and investment in the University District! Rasheed N. C. Wyatt University District Council Member Buffalo Common Council City Hall Room 1508 Buffalo, New York 14202 716 - 851 -5165 "Unity in University" From: Mikey Caputi [ mailto:mikecaputi01 @gmail.com Sent: Wednesday, September 17, 2014 1:09 PM To: Councilmember Wyatt - University Cc: Munson, Sandra Subject: Re: Business Development Hello Council Member Wyatt, As per our conversation I have obtained 65 signatures from residents of the adjacent streets surrounding the coffee shop location. I also have an additional 150 online signatures from Buffalo residents in and around the University District. I can fax or email these to you immediately. I will continue to get signatures over the next few days. We have received overwhelming support from the Iocal community. Please, if it is still possible, try to get us on the agenda for the meeting on the 23rd. Thank you so much for your help and support. Mike Caputi Daily Planet Coffee 716 -523 -8009 On Wed, Sep 10, 2014 at 3:21 PM, Councilmember Wyatt University <r att ch.ci.buffalo.n .use wrote: I My name is Mike Caputi and I'm planning to open a new business in your district and would like to talk to you about how we could work together to enrich the community. The name of the business I'm opening is the Daily Planet Coffee Company, located at the corner of Hertel and Parker. The name Daily Planet was chosen because of my firm belief in each individuals responsibility to care for our environment on a daily basis. I believe caring for the environment starts with your neighborhood, your neighbors, your community,. and your city. You and I are about the same. age, and have lived through and seen some of the ups and downs of Buffalo. I was born and raised in Buffalo, I went to McKinley High School, and I have seen the city lose businesses and slowly decline, but I believe that Buffalo is on the way back up and that's why I've decided to make this investment in the future of Buffalo, and in the future of our community. I have heard good things about your commitment to the University district, and I, too believe God has a hand in our destiny and in our success. I would really appreciate the opportunity to talk to you about how we can work together to keep Buffalo and particularly the University district moving in the right direction. I will call your office to see if we can meet in person sometime. Thank You Sincerely, Mike Caputi 716 - 523 -8009 From: Mikey Caput! [mailto:mlkeca uti01 mall:com]_ Sent: Wednesday, September 17, 2014 1 :09 PM To:.Counciimember Wyatt - University ec:.Munson, Sandra Subject: Re: Business Development Hello Council Member Wyatt, As per our conversation I have obtained 65 signatures from residents of the adjacent streets surrounding the coffee shop location. I also have an additional 150 online signatures from Buffalo residents in and around the University District. I can fax or email these to you immediately. I will continue to get signatures over the next few days. We have received overwhelming support the local community. Please, if it is still possible, try to get us on the agenda for the meeting on the 23rd. Thank you so much for your help and support. Mike Caputi Daily Planet Coffee 716 - 523 -8009 On Wed, Sep 10, 2014 at 3:21 PM, Councilmember Wyatt - University <r att ch.ci.buffalo.n .us> wrote: Sandra; Could you please contact Mr. Caputi and set up a meeting regarding his proposed Daily Planet Coffee Shop. 2 Thanks Rasheed Rasheed N. C. Wyatt University District Council Member Buffalo Common Council City Hall Room 1508 Buffalo, New York 14202 716 -851 -5165 "Unity in University" From: Mikey Caput! [mailto:mikeca uti01 mail.com] Sent: Wednesday, September 10, 2014 8 :56 AM To: Councilmember Wyatt - University Subject: Business Development Dear Mr. Wyatt, My name is Mike Caputi and I'm planning to open a new business in your district and would like to talk to you about how we could work together to enrich the community. The name of the business I'm opening. is the Daily Planet Coffee Company, located at the corner of Hertel and Parker. The name Daily Planet was chosen because of my firm Belief in each individuals responsibility to care 3 SPA for our environment on a daily basis. I believe caring for the environment starts with your neighborhood, your neighbors, your community, and your city. You and I are about the same age, and have lived through and seen some of the ups and downs of Buffalo. I was born and raised in Buffalo, I went to McKinley High School, and I have seen the city lose businesses and slowly decline, but I believe that Buffalo is on the way back up and that's why I've decided to make this investment in the future of Buffalo, and in the future of our community. I have heard good things about your commitment to the University district, and I, too believe God has a hand in our destiny and in our success. I would really appreciate the opportunity to talk to you about how we can work together to keep Buffalo and particularly the University district moving in the right direction. I will call your office to see if we can meet in person sometime. Thank You Sincerely, Mike Caputi 716 -523 -8009 4 Munson, Sandra From: Councilmember Wyatt - University Sent: Monday, September 22, 201412:46 PM To: 'Jack Seitz' Ca Munson, Sandra Subject: RE: Daily planet coffee shop Mr. Seitz; Thank .you for showing your support of the Daily Planet Coffee Shop. I have received numerous emails like yours as well as online petitions in support. I believe the Coffee Shop will be great for the University District and the City of Buffalo and look forward to your frequent visits in patronage. Thanks for your consideration! Rasheed N, C. Wyatt University District Council Member Buffalo Common Council City Hall Room 1508 Buffalo, New York 14202 716 =851 -5165 "Unity in University" From: Jack Seitz [ mailto:reeltruthO9 @gmai! com Sent: Wednesday, September 17, 2014 10:31 AM To: Councilmember Wyatt - University Subject: Daily planet coffee shop To whom it may concern, I understand my friends Mike and Lynne Caputi may be having a little trouble getting their coffee shop approved to open on Hertel. I just wanted to let you know that Mike and Lynne are two fine upstanding people who will bring the best in business to this area. I live in the Town of Tonawanda and plan to come to the coffee shop frequently! I hope they can get the coffee shop open soon and get this fall/holiday . season going soon with coffee for all!! thank you, Julie Seitz i Munson, Sandra From: Councilmember Wyatt - University Sent: Monday, September 22, 20141:00 PM To: 'C. H. ' Cc: Munson, Sandra Subject: RE: Daily Planet Coffee Co. . Ms. Haas; Thank you for showing your support of the Daily Planet Coffee Shop. I have received numerous emails like yours as well as online petitions in support, I believe the Coffee Shop will be great for the University District and the City of Buffalo and look forward to your frequent visits in patronage. Thanks for your consideration! Rasheed N. C. Wyatt University District Council.Member Buffalo Common Council City. Hall Room 1508 Buffalo, New York 14202 716 -851 -5165 "Unity in University" From: C.H. [maflto:halo217 mail.com] Sent: Tuesday, September 16, 2014 9:25 PM To: Councilmember Wyatt- University Subject: Daily Planet Coffee Co. Dear Council Member Wyatt, I am writing to show my support of the Hertel expansion of the Daily Planet Coffee Co. The Daily Planet would be a wonderful and welcome addition to the area! There is no such thing as too many businesses to support our .local economy!! Please consider supporting this Buffalo business!! Sincerely, Cathleen Haas 09/1812014 09:09 7166916716 BRYANT & STRATTON FAX To: Rasheed N.C. Wyatt University District Common Council Member - Fax: 716 -851 -4580 1505 City Hall, Buffalo NY Phone: 716 -551 -5165 Email; rw att i , buffalo. +corn From: Mike Caput! Daily Planet Coffee Company Email; mikecaputi0l @gmail.coni Dear Councilman Wyatt, I have attached 84 signatures from Buffalo residents, over 30 of them are from people on the side streets, closest to my proposed location, which includes 4ertel, Parker, Voorhees, and Carmel. PAGE 81/15 In addition I have an online survey which has 180 signatures, also attached. Please let me know if there is anything more is should do to get on the agenda for September 23' We are paying for the space and would like to be open as soon as possible. Thank you for your help and support, Mike Caputi Daily planet Coffee 716 - 523 -8009 09/18/2014 09:09 7166916716 BRYANT & STRATTON PAGE 02/15 Petition to support the transformation of the former Slue Sky Coffee at 1862 Hertel and Parker, into Daily Planet Coffee Company a local family owned business and expand into the former Parker's Pharmacy space on Hertel Ave. Signature address /zip email or ph# is Ar4 AM 1 11 "WIJ.&AJA4) 1 Q Q C n 1 c •, � . c � g r�rnwo v 'CCx.M. A/ ua u 09/18/2014 09:09 7166916716 BRYANT & STRATTON PAGE 03115 PAS Petition to support the transformation of the former Blue Sky Coffee at 1862 Hertel and Parker, into Daily Planet Coffee Company a local family owned business and expand into the former Parker's Pharmacy space on Hertel Ave. Signa rare -, address /zip email or ph# t3G C P 77 4 ,,6 � P S � l�a�•6 �� � 7 � -7 �r c RWrAiT Af7 (&-r �o (Y. l� G r7 r�. t5 _ bz� 2. y 2 r r WIMM , I i Al III r s I / J . 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Terhart Buffalo New Trachtenberg Buffalo New White Williamsville New Johnson Buffalo New DiSanto Buffalo New Jordan Geta;ville New Yates Buffalo New Deeb Buffalo New Roberts Williamsville New PAGE 08/15 Page 1 09/18/2014 09:09 On York United York 14228 United York 14210 United York 14216 United York 14214 United York 14214 United York 14225 United York 14228 United York 14215 United York 14203 United York 14222 United York 14141 United York 14006 United States 2014 -09 -17 York 14227 United York 14206 United York 14225 United York 14001 United York 14215 United York 14223 United Tonawanda New York 14207 United York 14225 United York 14217 United York 14043 United York 14222 United York 14214 United York 14075 United York 14209 United York 14216 United York 14701 United York 14217 United York 14223 United York 14214 United York 14228 United York 14223 United !stand New York 14221 United York 14216 United Seneca New York 14204 United York 14001 United York 14224 United York 14228 United York 14221 United York 14216 United York 14214 United York 14068 United York 14213 United York 14201 United York 14221 United 7166916716 BRYANT & STRATTON Sheetl States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 Slates 2014 -09 -17 Slates 2014 -09 -17 States 2014 -09.17 Slates 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 201409 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014.09 -17 States 2014 -09 -17 States 2014 -09 -17 York 14120 United States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 Staates 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014.09 -17 States 2014 -09 -17 Sates 2014 -09 -17 Staten, 2014 -09 -17 States 2014 -09 -17 States, 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 Yo* 14072 United States 2014 -09-17 States 2014 -09 -17 York 14224 United States 2014 -09 -17 States 2014 -09 -17 States 2014 -09.17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014 -09 -17 States 2014.09 -17 States 2014 -09 -17 States 2014 -09-17 States 2014 -09 -17 States 2014.09,17 PAGE 09/15 Page 5 09/18/2014 09;09 7166916716 PAGE 10/15 Barbara Nyasa Megan Barbara Jennifer Shane Joanne Heather Meghan Cathy jim Susan joe Bill Julie BOB Caren Andrea Aaron Samuel Joanne Pamela Paula Crystal Angela Leslie Matthew Ian Laura Sarah Joanne Stacy James Dani briars Tracy Brenda Adam Melissa dorothy Rick Alireza Doris Kristen Dee Bill darlene Kim Patrick Jessica Vincent Burt Sheet1 BRYANT & STRATTON Powrie Buffalo New Clausen Buffalo New De l3uffslo New Van Lipka Buffalo New Peale Buffalo New F Suffao New Fleming North Van KllneKenmore New caughill Buffalo New Peale Raleigh North todaro providence Rhode Buyers Buffalo New ONelll NT New JAMBSWest DeLucia Cheektowaga New Mergl Depew New Mansfield Buffalo New FerraroSuffalo New Pullano Buffalo New Garshnick Buffalo New MohanSuffalo New Surdyk KerlmoreNew Wojcik Chaffee New LuteChieopee Massachusetts 01013 United Girdlestone Buffalo New HanavanBuffalo New Thorne Buffalo New Ruf6no IancasterNew Yannello Blasdell New Bisker Suftlo New Pomeroy Dover New Sanaszak CheektowagaNew koszuta amherst New Carson Buffalo New TaylorBuffato New Weber Flood Larnmerts niagara larkin buffalo New Rhodes Anclole New Talebizadeh, Buffalo New Jones Buffalo New Rice Buffalo New Vallett Lenoir Mason Bask brohman blast StGeorge Hamburg New Nehin Buffalo New Ganze Williamsville_ New Terrana williamsville New Royce North Page 2 09118/2014 09:89 7166916716 BRYANT & STRATTON PAGE 11 /15 Page 6 Sheetl York 14214 United Slates 2014 -09-17 York 14222 United SIVes 2014 -09 -17 York 14222 United States 2014 -09 -17 Alstine Buffalo New York 14213 United States 2014 -09.17 York 14216 United States 2014 -09 -17 York 14216 United Slates 2014 -09 -17 York 14213 United Slates 2014.09 -17 Tonawanda New York 14120 United States 2014 -09 -17 Alstine Buffalo New York 14225 United States 2014 -09 -17 York 14217 United Slates 2014 -09 -17 York 14223 United States 2014 -09.17 Carolina 27809 United States 2014 -09 -17 Island02903 United States 2014 -09 -17 York 14216 United States 2014 -09 -17 York 14120 United States 2014 -09 -17 Falls New York 14170 United States 201409 -17 York 14225 United States 2014 -09 -17 York 14043 United States 2014 -09 -17 York 14221 United States 2014 -09 -17 York 14213 United States 2014 -09.17 York 14226 United States 2014 -09 -17 York 14216 United States 2014 -09 -17 York 14213 United States 2014.09 -17 York 14120 United States 2014 -09 -17 York 14030 United States 2014 -09 -17 States 2014 -09 -17 York 14214 United Staates 2014.09 -17 York 14222 United States 2014 - 09-17 York 14209 United States 2014 -09 -17 York 14086 United St-Ites 2014 -09 -17 York 14219 United States 2014 -09 -17 York 14214 United States 2014 -09 -17 Jersey07801 United States 2014 -09 -17 York 14225 United Stites 2014 -09 -17 York 14226 United States 2014.09 -17 York 14227 United States 2014 -09 -17 York 14215 United States 2014 -09 -17 River Oregon 97031 United States 2014 -09 -17 falls New York 14304 United States 2014.09 -17 York 14213 United States 2014 -09 -17 York 14006 United States 2014 -09 -17 York 14214 United States2014 -09 -17 York 14209 United States 2014 -09 -17 York 142.13 United States 2014 -09 -17 City Tennessee 37771 United States 2014 -09 -17 Amherst New York 14051 United States 2014.09 -17 Seneca New York 14224 United States 2014 -09 -17 York 14075 United Striates 2014 -09 -17 York 14214 United Stites 2014 -09 -17 York 14221 United Stites 2014 -09 -17 York 14221 United States 2014 -09-17 Tonawanda New York 14120 United States 2014.09 -17 Page 6 09/1B/2014 09.09 7166916716 13RYANT $ STRATTON PAGE 12/15 Sheets Timothy ChriswellBuffalo New Samantha Steffan Tonawanda New Maureen Weimer Derby New Robin Wyatt Niagara jackle villafranca cheektowaga New Sarah Caputi Buffalo New Nanette Cosbey ClairenceNew N ate Smith tonawanda New Jason Grinnell Cheektowaga New Ellen Rosenfeld Buffalo New george holebuffalo New Daniel Kelly Buffalo New wifliam kufal buffalo New Danlelle MorrISBuffal) New Rachel Christopher Buffalo New Pete Holguin E, Kerre Conlan INlllamsville New Kevin CurthoysBuffalo New Andrea Guiati Bufllalo New David Kalnitz wrlliamsville New Andrew Przybycien Buffalo New Monica Bower Buffala New Vicki Andrews Rochester New Jesse sawyerbuffalo New wendy nagyAmhersi, New David powers Ben Bissell Buffalo New Patrick Canada Rochester New Dragana Draca Buffalo New Vincent Terrane Grand Andrea Nugent Niagara Pam LodicoTonawanda New Brian Toponak afterst New John Giamberdino North Cynthia StarrBuffalo New Jennifer OConnor Lancaster New mercedes oliveraSuffalo New colleen sinatraBuffalo New Paul Nigro East Sarah Van Jessica lmbriano Niagara Deborah Acquisto Grand Linda LeValley Buffelo New stephanie ruMnobuffalo New William Johnson Suffailo New Usamarle Charlesworth St. david beckereast Carl Erickson Buffalo New Russ CarereNorth Caitlin Doherty Buffalo New Paul Haefner Buffalo New Joan Morley Lockport New Page 3 09/18/2014 09:89 7166916716 BRYANT & STRATTON PAGE 13/15 Page 7 Sheen York 14225 United States 201409 -17 York 14150 United States 2014.09 -17 York 14047 United States 2014.09 -17 Falls New York 14304 United States 2014 -09 -17 York 14225 United States 2014 -09 -17 York 14206 United States 2014 -09 -17 York 14031 United States 2014 -09 -17 York 14150 United States 2014 -0917 York 14227 -3109 United States 2014 -09 -17 York 14215 United States 2014 -09 -17 York 14214 United States 2014 -09 -17 York 14222 United States 2014 -09 -17 York 14213 United States 201409 -17 York 14227 United States 2014.09 -17 York 14223 United States 2014 -09 -17 Amherst New York 14051 United States 2014 -09 -17 York 14221 United States 2014 -09 -17 York 14216 United States 2014.09 -17 York 14213 United States 2014 -09 -17 York 14221 United States 201409 -17 York 14213 United States 2014 -09 -17 York 14214 United States 2014 -09 -17 York 14612 United States 201409 -17 York 14214 United States 2014 -09.17 York 14226 United States 2014.09 -17 JrBuifalo New York 14223 United States 2014 -09 -17 York 14213 United States 2014 -09 -17 York 14609 United States 201409 -17 York 14207 United States 2014 -09 -17 Island New York 14072 United States 2014 -09 -17 Falls New York 14303 United States 2014.09 -17 York 14150 United States 2014 -09 -17 York 14226 United States 2014 -09 -17 Tonawanda New York 14120 United States 2014.09 -17 York 14216 United States 201449 -17 York 14086 United States 2014 -0917 York 14221 United States 2014 -09 -17 York 14221 United States 2014 -09 -17 Amherst New York 14051 United States 2014 -09 -17 alstine clayton North Carolina 27520 United States 2014 -09.17 Falls New York Ny United States 2014 -09 -17 lslandNew York 14072 United States 2014 -09 -17 York 15207 United States 2014 -09 -17 York 14216 United States 2014 -09 -17 York 14228 United States 2014 -09 -17 AlbansVermont 05478 United States 2014 -09 -17 aurora New York 14052 United States 2014 -09 -17 York 14225 United States 2014 -09 -17 Tonawanda New York 14120 United States 2014 -09 -17 York 14214 United States 2014 -09 -17 York 14216 United States 2014 -09 -17 York remick parkway United States 2014 -09.17 Page 7 091 18/2014 09;09 . 7166916716 BRYANT & STRATTON PAGE 14/15 n C�� Sheefl Jackie Maines Lockport New nancy kerr Buffalo New Joanne giamber+dino kenmore New Stacee Ryan Lockport New Anita Dishman Cheektowaga New Kathryn Napoli Buffalo New Linda Gavacs Williamsville New David Grabowski Hamburg New Rachel DawsBuffalo New Page 4 09/1B/2014 09:09 York 14094 United York 14223 United York 14217 United York 14094 United York 14215 United York 14233 United York 14221 United York 14075 United York 14222 United 7166916716 BRYANT 9 STRATTON Sheet? States 2014.09 -17 States 2014 -09.18 States 2014 -09 -18 Slates 2014 -09 -18 Slfates 2014 -09 -18 States 2014 -09.1$ Slates 2014 -09 -18 States 2014 -09 -18 States 2014 -09 -18 PAGE 15/15 �q1 Page 8 dq� REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) 0200 , Appoint Senior Tax Clerk(Temp)(3rd Step)(Lee)(Asmt) Ccp# 1847,14-09/16 Mr. Wyatt moved: That Communication 1847 of Sept 16, 2014, be received and filed and that the Temporary Appointment of Ramona Lee, 155 Durham Ave, Buffalo, NY 14215 at the Third Step of $35,868.00 is hereby approved. PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service f o 3`� 3 t�2:\ `AY E* NO FONTANA r FftANCZYK GOLOMBEK LOCURTO T T m PRWGEN T � * RIVERA SCANLON � *. WYATT [ ------------- ] . [ 51 � G � U [213 - 6 [314 - 7] 0209 Appoint Administrative Assistant (Temp)(Tnter)(Getz)(PW) Ccp# 1850,14-09/16 Mr. Wyatt moved: That Communication 1850 of Sept 16, 2014, be received and filed and that the Temporary Appointment of Carol Getz, 352 Lincoln Pkwy, Buffalo, NY 14216 at the intermediate salary of $41,348.00 is hereby approved. PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service lb a� y 'AY E* NO * FONTANA FRANCZYK * * GOLONMEK LOCURTO T r � * PRID GEN RIWRA SCANLON WYATT [---- -------- ] [MAT - 51 * � [213 - 6] [314 - 7] 0 200'" Appoint Director of Parks and Recreation (Exempt)(Mirti)(PW) Ccp# 14,185109/16 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED . - - & ut�� Recommended by the Committee on Civil Service � �a in 0200 Appoint Detective(Temp)(Sanchez)(Pol) Ccp# 1851, 14 -09116 Mr. Wyatt moved: That Communication 1851 of Sept 16, 2014, be received and filed and that the Temporary Appointment of Burt Mirti, 32 Coburg Ave, Buffalo, NY 14216 at the Flat Salary of $66,092.00 is hereby approved, PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service j I�p.a �) [MAJ- 5 ] [213 - 6] [314 -7] , AYE* NO FONTANA FRANCZYK _ * * GOLOMBEK LOCURTO * JJ T T T T PRIDGEN RNERA ( may ,,(( ``�y ON smm yy yyT T T WYATT � y * � T � [MAJ- 5 ] [213 - 6] [314 -7] 0200 Appoint Public Safety Dispatcher(2" d step)(Perm)(Thomas)(Pol) Ccp# 1853, 14 -09116 Mr. Wyatt moved: That Communication 1853 of Sept 16, 2014, be received and filed and that the Permanent Appointment of SamueIle L. Thomas, 157 Langfield Drive, Buffalo, NY 14215 at the second step of $24,212.04 is hereby approved. j PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service le 'AY E* No * FONTANA FRANCZYK T � y GOLONMEK T * T yy P p T LOCURTO ' T � F 1 - PR� T T RIVE SCANLON � ' y * ( ,��''��'��Tr SNM y T YaATT T y y * 4 y. [----- - ------ [A J 5 ] y V [213 -6] [314 - 7) 02009 Appoint Laborer II(Inter)(Perm)(Kane)(Pkg) Ccp# 1866, 14 -09/16 Mr. Wyatt moved: That Communication 1866 of Sept 16, 2014, be received and filed and that the Permanent Appointment of Donald F. Kane, 2I7 McKinley Pkwy, Buffalo, NY 14220 at the Intermediate salary of $29,018.00 is hereby approved. PASSED AYES-9 NOES-0 Recommended by the Committee on Civil Service V 3 TAYE* NO * FONTANA FRANCZYK GOLOMBEK r � * LOCURTO * * L � r y� T '{ W ^�y 1 RD)GEN TT T yyT }�''(y �/ ( Yl�.l T ER 1 T T T SCANLON *, r SMITH WATT [-------- - - - - -] [MAJ-- 5] O� (� [213 - 6] [314 - 7] 020 Notices of Appointments- Temp/Prov/Perm (Cty Clk) Ccp# 14,1878 09/16 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED 2A� Recommended by the Committee on Civil Service FINANCE (RICHARD A. FONTANA, CHAIRPERSON) 020 1 1 ,. Report of CDBG( Ccp# 14,1846 09116 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on of the Finance ki, Q201_ D. Smith - Extension of BMHA Contract WBPD Ccp# 14,690 04101 Mr. Fontana moved: That the above item be the same and hereby is Referred to the Committee on Police Oversight ADOPTED Recommended by the Committee on of the Finance IN COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) 0 2 01' \I lb NO. CDBG Grant Funding, HOME Program & Funding, HOPWA Program and Funding, ESG Program & Funding(Strat Plan) (C.C.P. #14 -1831, Sept 16) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Received andFiled. Adopted. Recommended by the Committee on Community Development ,4A41 Chairman ) �4 . 7)) ­7 Rescind Sale and Refund Purchase Price — 378 and 384 Normal (Nia)(Strat Plan) (Item No. 1832, C.C.P., Sept. 16, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Office of Strategic Planning, Division of Real Estate, be, and hereby is authorized to rescind the sale of 378 Normal and 384 Normal to Mr. Myo Thant of 530 Fulton Street, Buffalo, New York 14210, return the purchase price of Four Hundred Eighty Dollars ($480.00), and return the property to inventory for future sale. PASSED Recommended by the Committee on Community Development Chairman C'SUsersUruciaslalAppDatall.o dMcrosofllWindm"s Temporary Interne[ FilesiContencOuUaoMOX72QV W65r sdnd sale -378 and 384 NoniW.dw 1� *AYE* NO * FONTANA FRANCZYK r * T � uu T GOLOMBEK LOCURTO PRIDGEN T T � RiVERA SCANLON * . ViTLl111 4 T p�. W''� YATT [---- ---- -- -- -� - [MAJ- 5] [213 -6] t [3/4 - 71 . Report of Sale — 11 Fargo (Ell)(Strat Plan) (Item No. 1833, C.C.P., Sept. 16, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Phyllis D'Angelo, of 15 Fargo, Buffalo, New York 14201 in the amount of Three Thousand Eight Hundred Dollars ($3,800.00) for the purchase of 11 Fargo 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. Recommended by the Committee on Community Development Chairman C:IUsemUmcinskiLAppDatallamlMcr ftSWindmv Temporarylntemetfdk %CantentOuflwMOX32QVW65Report ofSAI�I l Fugo.dmx l y SAYE* NO * FONTANA FRANCZYK T * �- GOLONM r LOCURTO r PRIDGEN RTVERA SCANLON *. SMITH WYATT � [---- --------- ] [MA7- 5] * (� [213 - 6] [314 - 7] ?A Report of Sale — 16 Krettner (Ell)(Strat Plan) (Item No. 1836, C.C.P., Sept. 16, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Ms. Darlene V. Burks of 162 Howard Buffalo New York in the amount of One Thousand Four Hundred Dollars ($1,400.00) for the purchase of 16 Krettner be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED Recommended by the Committee on Community Development Chairman C: 4[ 7se�sWuciusldlAppOSIaILOCaRNacrosoftlW l�do+�slTemporery Ifflemet FilegkCon[eocO�dWI OX32QV W65Report of Sale -I6 Kma.a Amx V-a ' NO FONTANA r FRANCZYK GOLOMBEK a � * LOCUR.TO T T T PRIDGEN R �� )'' ��- ' i���{ y J • JJR T T SCANLON * . aNO T .IL.1. TT y ? yy T WYATT [------- - - - - -- [ MA3 - 5 ] [213 - [ 3/4 - 7 ),0 �I )-> Report of Sale — 300 Riley (Ell)(Strat Plan) . (Item No. 1840, C.C.P., Sept. 16, 2014) Mr. Golornbek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Albert Sanders, of 294 Riley, Buffalo, New York 14208, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 300 Riley be and hereby is accepted.; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED Recommended by the Committee on Community Development Chairman C:%Usasgmcinl'IAppDatall. ed MmsoRlWindonalTempomry Intmet File1ContentOull ak%OX32QVW61Repori of Sale300 Riley.docx 'H Yh° NU FONTANA FRANCZYK GOLOhMEK LOCURTO P PRIDGEN RI VERA SCI'11VLO1M S MOH tl YY 1 ATT -------- - - - - -1 [MAJ_ 51 213 -6 [314 - 7] _ 020_ Abandonment and Report of Sale -- 722 West Delavan — Former School No. 56 (Del)(Strat Plan) (Item No. 1692, C.C.P., Sept. 16, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to abandon and Former School No. 56, located at 722 West Delavan to 722 Group, LLC and Ellicott Development Company, in partnership with Sinatra & Company Real Estate, or an entity to be designated by 722 Ellicott Group, LLC and Ellicott Development Company, in partnership with Sinatra & Company and approved by the Office of Strategic Planning for the amount of $1.1 Million which will complement their nearby project at 905 Elmwood Avenue, upon the following conditions: 1. Providing that the City of Buffalo Planning Board recommends and approves the redevelopment of 722 West Delavan and 905 Elmwood Avenue; 2. That 722 Group, LLC and Ellicott Development, in partnership with Sinatra & Company Real Estate, and approved by the Office of Strategic Planning accepts title in "as is" condition; 3. That 722 Group, LLC and Ellicott Development, in partnership with Sinatra & Company Real Estate, and approved by the Office of Strategic Planning pays for all closing costs including, but not limited to, title search and report, survey, transfer tax, recording fees, etc.; and 4. That 722 Group, LLC and Ellicott Development, in partnership with Sinatra & Company Real Estate, and approved by the Office of Strategic Planning will provide a singed full release and indemnify the City of Buffalo and the Board of Education as to environmental and other matters regarding this property; 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. IpA Recommended by the Committee on Community r Development Chairman C:lUsersklehomf AppDala lLDWVAi��osaftlWindmvslTemporary ktemet FilesSCoulem.0udwkU1 N&CM5Ukepazl of Sale 722 W Del—d— 'AYE* NO FONTANA r FRANCZYK GOLOMBEK LOCURTO m T y T PRIDGEN RIVERA SCANLON *. SMITH WYATT -------- -- - - -] [ MAJ- 51 [213 - 6] [314 - 7) ^� LEGISLATION (CHRISTOPHER P, SCANLON, CHAIRPERSON) 020.1 Mobile Food Truck -- 131 Leonard (DPIS) (Item No. 1858, C.C.P., Sept. 16, 2014) Mr. Scanlon 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 Deanna Johnson of 131 Leonard, d/b /a The Flaming Fish is hereby approved. Recommended by the Committee on Legislation hairman C:1 Usersl clehnerW ppDatalLoca ]Uicrosoft\Windows\Temporary Internet Filesl Content.OutlaokV5NILCIH51Mobile Food Truck -ilI Leonatd.docx // E 3 *A YE* NO * FONTANA T FRANCZYK GOLONMEK r � * LOCURTO T JJ T PRIDGEN T RTVERA SCANLON * . smrm WYATT * � -------- - - - - -] [MAJ-5] [213 - 6] [314 -7] 020`0 3� Used Car Dealer — 407 South Park (Fill)(DPIS) (Item No. 1863, C.C.P., Sept. 16, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Yonas Habtom Negash/Rezene Ghebray Tewelde d/b /a Y & R Auto Repairs & Sales, located at 407 South Park upon the following conditions: Recommended by the Committee on Legislation Kk X airm C:1UsenVehneMpp➢ataV o)mltiMicrosoflSW tndows4Temporary Inlemel Fj1e %Con1mtOudwkV5hCCIH54Used Cu rWor 407 South Parkdo Ii ii 'AYE* NO * FONTANA FRANCZYK * LL GOLOMBEK * yy T T yy 4 LOCURTO _* T m y N� R 1�1 y, 2 RIDGEN yyT •T T T RIVERA. * yy T SCANLON T m 'WYATT . [-------- - - - - -] [MAJ 5 q [213 - 6] [ 314 - 7 02021. � OW M. Henger, Agent, Use 2161 Seneca to Alter an Existing Tavern for a Soup Kitchen in the Special Zoning District(South)(Hrg 9123) (C.C.P. #14 -1885, Sept 16) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. Adopted. Recommended by the Committee on Legislationpf it hair I A YE'S NO FONTANA FRANCZYK GOLMMEK yy yy T T T LOCURTQ x m r � � PRDDGEN RNERA SCANLON , SMITH WYATT [_ --- - ----- ] [MAT- 5 ] (� [213 - 6] (3/4 - 71 City Clerk's Department BUFFALO October 1, 2014 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. 2022 PASSED September 30, 2014 G. Scholand, Agent, Rezone 903 EIlicott, 150 North and 1100 Michigan from R3, Ml and C1 to CM(Ell) Gerald A Chwalinski City Clerk 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) 859 -5431 FAX: (716) 851 -4845 October 1, 2014 Honorable Byron W. Brown Mayor of the City of Buffalo 201 City Hall Buffalo, NY 14202 Dear Mayor Brown: The Common Council wishes to recall item# 2022 from the September 30, 2014 meeting. The Subject is Rezone 903 Ellicott, 150 North and 1100 Michigan from R3, M1 and C1 to CM. It will be Re-filed at a later date. Your cooperation in this matter is greatly appreciated. Yours truly, r Gerald.A, Chwalinski City Clerk GC /cl � 0 �_ � G. Scholand, Agent, to Rezone 903 Ellicott, 150 North and 1100 Michigan from R3, M1 and C1 to CM (Ell)(DPIS) (Item no. 1886, C.C.P., Sept. 16, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council, without recommendation; On a motion by Councilmember Smith and 2nd by Councilmember Golombek the public hearing was opened: Speakers: Mark Romanowski Mark Trammell On a motion by Councilmember Smith and 2nd by Councilmember Golombek the public hearing was closed. That the Common Council hereby approves the application of G. Scholand, Agent, to rezone 903 Ellicott, 150 North and 1100 Michigan from a R3 (Dwelling District), M1 (Light Industrial District) and Cl (Neighborhood Business District) to a CM (General Commercial District), for the purpose of establishing a mixed -use development of rental residences, commercial spaces, underground parking and surface parking. Passed. Recommended by the Committee on Legislation Chairman J �JeC. . j aw. " D/ 16Mk4 33 3 C: IUSeesUaicinskiL4ppDatalf .ucalV.SicrosoftlW�nda� 1Temporery Internet Files ContentOatlwk10X32QV W65Rewne 903 ELUWU 150 North 1166MichiFao.dnc< � 'AYE* NO * FONTANA FRANCZYK * JJ GOLOMBEK r � * LOCURTO R � � PRIDGEN r r � � RIVERA SCANLON * . WYATT [---- --------- ] [ MAJ - 5 ] C} [213 - 6] [ [314 - 7 C �0 �t3 Food Store License (New) — 825 Broadway (Fill)(DPIS) (Item No. 1741, C.C.P., Sept. 2, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mushtaq Mohamed d/b /a Broadway Lucky Mart Inc. located at 825 Broadway, upon the following conditions: - Hours of operations shall be 8:00 am to 11:00 pm Sunday Thursday and 8:30 am to midnight Friday & Saturday -Must have working security cameras inside & outside of store and must make tapes available upon request - "No Loitering" signs to be posted and enforced by store employees -No spray painted, hand painted or air - brushed signage or graphics on building -Must have trash receptacles outside store & be maintained -No outside signage advertising tobacco, gambling (lottery), or alcohol -No selling of loose items - cigarettes, diapers, etc. -No payphones outside of store -No blocking of windows -All mechanical equipment must be in working order -Any broken windows must be repaired within 72 hours -No smoking in building -Any graffiti must be removed within 72 hours -No vehicles to be parked on sidewalks PASSED /G� Recommended by the Committee on Legislation Chairman 3� C:\ UsersV rucin9kilAppDaielLocal lMicrosoftlWindowslTemporary Internet Files\Content.Outlook\OX32QV W6Vood store license -new -825 Hmadw y.docx 3 b L4 SAYE` NO * FONTANA FRANCZYK GOLOMBEK r � LOCURTO T 1 RID V.Lf1 1 T yyT T T ��(]�����''yy R T ERA y S yt yyT SCAN LON y T y � T y T y * y T Y1 � yy�y��' � T T W YA.TT y y [----- ---- - - -- ] [MAJ- 5 * *� [213 - 6] [314 - 7] � ba-4 E. Vogan, Agent, to Use 1341 Kensington to Open an Eating and Drinking Establishment in the Kensington/Bailey Business District (Univ)(DPIS) (Item No. 1780, C.C.P., Sept. 2, 2014) Mr. Scanlon 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 E. Vogan, Agent, to open an eating and drinking establishment located at 1341 Kensington in the Kensington/Bailey Business District. I17aT.IRIN7 Recommended by the Committee on Legislation Chairman 3 C:\ UsersUnt cinskiVAppDataUcal \Microsoft\Windows \Temporary Intemet Files\ Content .ovtlookiOX32QVW61Establish restaurant -1741 Keasington.docx 'A.Y NO * FONTANA T FRANCZYK r my Y T T GOL%MEK T � * LOCMTO PRIGGEN RIVERA SCANLON # . SMITH . T yy T WYATT 'ft 1-- --- - - - - -� [ MAJ - 5 ] [213 - 6] [314 - 7] City Clerk's Department BUFFALO October 1, 2014 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. 2025 Increased Appropriation Fire PASSED September 30, 2014 Gerald A Chwalinski City Clerk OCT . 0 i 2m4 1 020.2 Increased Appropriation (Fire) (Item No. 1808, C.C.P., Sept. 2, 2014) That pursuant to Section 20 -12 of the Charter of the City of Buffalo, 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 Community Services — Contractual Services be and the same hereby increased the sum of $353,100.00. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance, not otherwise appropriated for any other purpose; and 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 Account 10700096- 397206 — Reserve for Emergency Medical Services - $353,100.00 to Account 12142007- 474100 -- Emergency Medical Services — Equipment - $343,100.00. POSED Recommended by the Committee on Legislation an C:UUsems clehmrWppr)ataV and MicrasottVWindowslTempocary Intemet Fi4slCaetent.omloakV5MLM5Uocre s d Appropriation -Fn dw.x r °'AYE* NO FONTANA r FRANCZYK SCANLON *, GOLOMBEK r � * LOCURTO T � * PRD)GEN s r � RIVERA � SCANLON *, SMITH WYATT [----- -- ------ [MAJ- 5] [213 —G] [314 — 7] Side Street Speed Limit (Res. No. 1652, C.C.P., July 22, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council, with a recommendation for adoption; That the Common Council hereby requests that the Commissioner of the Department of Public Works, Parks and Streets report back on advising on the feasibility of implementing a 20- 25 mile per hour speed limit on the City of Buffalo's side streets. Adopted. Remainder of resolution is tabled in Legislation Recommended by the Committee on Legislation Chairman TANYp6 U"TOl1NCL U014 — fts19-30 -14 mating4CantmittceLSide Sh-i Spaed Limil.dxx aA *AYE* NO * FONTANA FRANCZYK J T T y T GOLOMBEK m r � * LOCURTO T PRIDGEN « RTVERA SCANLON *. smnH T � WYATT __- ------ [MM- s] [213 - 6]. [3/4 -7] Food Store License (New) - 845 Jefferson (EIl)(DPIS) (Item No. 1458, C.C.P., July 8, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Yahya Saeed Mohammed and Mohiddin Abdulla Musad d /b /a Big Basha Beauty located at 845 Jefferson. PASSED Recommended by the Committee on Legislation Chairman C: W sorsUtucinski4ppData \Local Microsoft%W indows%Temporary Internet Files\Content.Outlook1OR32Q V Wblfood stole Iicense -new -845 Ieffereon.docx 3 ',a *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO m PRIDGEN T RIVERA $ SCANLON SMITH WYATT ----- - - - - -- -] [ MAJ - 5 ] � [213 = G] [314 -7] Food Store License (New) -- 970 Kensington (Masten)(DPIS) (Item No. 1353, C.C.P., June 24, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Salah Hadi Gaber d/b /a Happy House Way Inc. located at 970 Kensington, upon the following conditions: PASSED Recommended by the Committee on Legislation Chairman C:S Lsersl lrncinskilAppData lLocalMicrosoftl Windows% Temporary InternetFil eslContentAvtlook lfoodslorelicens new -970 Kensington.docx �� 'AYE* NO FONTANA FHANCZYK T � GOLOMBEK T LOCURTO JJ ay PRIDGEN s � � RIVERA SCANLON T T � � SMITH WYATT — [ MAT — 5 ] (� [213 — 6] [314 -7] 0202 S, . NO. S. Hadis, Agent, Use 1096 Kensington for a Take Out Restaurant in the Kensington /Bailey Business District(Mas)(Hrg 6120) (C.C.P. ##14 -1037, May 13) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. Adopted. Recommended by the Committee on Legislation ) t airm k� G. Scholand, Agent, Rezone 3 Gates Circle for Mixed Use Residential Commercial and Retail Neighborhood (hrg 9/30/14)(Ell) (# 14- 923,4129) Mr. Scanlon Moved: That the above item be, and the same hereby is , returned to the Common Council, without recommendation: On a motion by Councilmember Smith and 2nd by Councilmember Mr. Franczyk the public hearing was opened. Speakers: Mark Romanowski Daniels Saks Barbara Fisher On a motion by Mr. Smith and 2 by Mr. Francyzk the public hearing was closed Mr. Smith now moves that the above item be Received and Filed. 2nd by Mr. Franczyk. ADOPTED Recommended by the Committee on Legislation it7 0 203. M Food Store (New) 950 E. Ferry(Mas)(EDPi) (C.C.P. #14 -562, Mar 18) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. Adopted. Recommended by the Committee on Legislation Chair n N144, 3 1 0203 ? Amanda Lynn's Law (Pridgen)(except res) (C.C.P #13 -88, Jan 22) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 5� ®2033 Scrap Processor -537 E. Delavan (Mas)(EDPi) (C.C.P #11 -76, July) ( 427, 7/12) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation ..�_ o �. - 0--00311 Wholesale Junk Dealer -537 E. Delavan (Mas)(EDPI) (C.C.P #11 -77, July) ( #32, 7112) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation I RESOLUTIONS Sept 30, 2014 02035 RESOLUTION 9117114 By: Mr. Fontana Re: Waiver of Habitat for Humanity License and Curb Cut Fees for Fiscal Year 2014 -15 Whereas: Habitat for Humanity Buffalo has an excellent reputation as a 501(c)(3) not -for- profit organization that provides decent and affordable housing for people in Buffalo; and Whereas: The Habitat for Humanity volunteer workforce continues to rehabilitate older homes and build new ones to strengthen the City of Buffalo by increasing home ownership and creating additional property tax revenue; and Whereas: Waiving permit and license fees for the fiscal year 2014 -15 will directly reduce their overhead costs and free up construction dollars that can be used to complete additional projects. Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo hereby requests the Department of Permit and Inspection Services and the Department of Public Works waive any and all Construction Fees, Contractor License Fees, Demolition License Fees, and Curb Cut Fees for Habitat for Humanity Buffalo for the 2014 -15 fiscal year. Be It Further Resolved: A copy of this resolution shall be forwarded to the Commissioner of the Department of Permit and Inspection Services and the Commissioner of the Department of Public Works. Richard A. Fontana Lovejoy District RAF;tja PASSED. 1 J , *AYE* NO * FONTANA * FRANCZYK SCANLON *. GOLOM BEK r 7k LOCURTO * * JJ PRIDGEN � RIVERA SCANLON *. SOH WYATT � [ - [213 - 6] [ 3/4 - 71 t 020� �J RESOLUTION In the Common Council of the City of Buffalo, On September 30, 2014 Council Member David A. Franczyk submitted the following resolution: Waiver of Street Closing Fee for Allentown Fall Festival WHEREAS, The Allentown Association, Inc., has requested permission to conduct the Annual Allentown Fall Festival on Saturday, the llth of October 2014; and WHEREAS, The purpose of the festival is to promote Allentown and the City of Buffalo as a walkable family - friendly destination for cultural institutions, arts and crafts and local music and to provide activities for children along with support for those talented individuals who create such music and artwork; and WHEREAS, The Allentown Association seeks to heighten public awareness of the regional cultural institutions, the talented local musicians and fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Date and Time of Event The event shall take place Saturday, October 11, 2014, between the hours of 9:00 AM and 9:30 PM and Allen Street from Delaware Avenue to Main Street and Virginia Place, Franklin Street and North Pearl Streets from Virginia Street to North Street will be closed to general traffic from 6:00 AM Until 11:00 PM. Resolved that The City of Buffalo Common Council- 1) Requests that Department of Public Works, Parks & Streets waive the street closing fees for this event; 2) Directs the City Clerk to forward copies of this resolution to the Department of Permits & Inspections, Department of Public Works and the office of Special Events. 1' G ✓i --� David A. Franczyk Fillmore District Council Member DAF:jp Gl Pa I of I PASSED 'AYE* NO * FONTANA FRANCZYK OOLOMBEK ' LOCUR.TO ' y * T @ PRIDGEN r ** N y * y '�{'(y �I �Ay ice` f 1 1 0 T T yr yy SCANLON' y TT SMITH yyT WYATT ' [---- --------- ] [ MAJ - 5 {� [213 - 6] [3/4 - 7 ] RESOLUTION RE: COB Support for the Zoological Society of Buffalo's NRGC Grant Application Sponsor: Councilmember LoCurto WHEREAS, the Zoological Society of Buffalo, Inc. is applying to the Niagara River Greenway Commission for a grant to assist in funding the full renovation of the Buffalo Zoo's Reptile House, a major attraction for the City of Buffalo and its residents, families, and visitors; and WHEREAS, the Buffalo Zoo resides in an Olmsted Park, which is within the purview of the Niagara River Greenway Commission; and WHEREAS, as a requirement under the rules of this program, the applicant must obtain the endorsement of the responsible property owner; and NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby approve and endorse the application of the Zoological Society of Buffalo for a grant under the programs of the Niagara River Greenway Commission. Y� MICHAEL . LoCURTO Delaware District Councilmember bf�l S 020SS Resolution 0 Re: Waive Permit Fees for St. Mary's School for the Deaf's "Breaking the Sound Barrier" 5K /Fun Walk Sponsor: Councilmember LoCurto Whereas: St. Mary's School for the Deaf (SMSD) is a private, state - supported school that serves deaf and hard of hearing children from infancy through age 21, and has been the primary source of tuition - free, quality education since 1853; and Whereas: On Saturday, October 11 2014, St. Mary's School for the Deaf will hold a "Breaking the Sound Barrier" 5K Run and Fun Walk in Delaware Park to support the important services that the school provides to the deaf and hard -of- hearing community; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby waives the permit fees associated with St. Mary's School for the Deaf 's 5K /Fun Walk in Delaware Park on Saturday, October 11 2014. 41fa MICHAELJ. Lo URTO Delaware District Councilmember PASSI=U b3 b 0 'AYE* NO FONTANA r FRANCZYK ' GOLOMBEK m r � * LOCURTO * Jy * PRD]GEN r ** 11 T J..e1 V. 1 R T SCANLON * * 'NYATT y [------- - - - - -- [ MA3- 5 Q� [ 2/3 - 6 ] [3/4 - 7] 0203 -1 � RESOLUTION Sponsor: Michael J, LoCurto RE: Waiving Permit Fees for Columbus Day Parade on Hertel Avenue WHEREAS: The tenth annual Columbus Day Parade will, once again, be sponsored by the Italian Heritage Festival and held on October 1 1 ' 11 , 2014 at 1 :00 p.m. The parade will begin at Virgil and proceed down Hertel Avenue to Starin; and, WHEREAS: The parade honors the significant contributions and accomplishments of Italian - Americans, as well as the first Italian - American, Christopher Columbus; and, WHEREAS: The event features bands and marching units, floats, the "Santa Maria" and a sailor dressed as Christopher Columbus, and other various festival appropriate crc„- Lions; and, WHEREAS: The Columbus Day Parade is a prime opportunity for city of Buffalo residents and visitors alike to experience Little Italy and Hertel Avenue for themselves; and, NOW, THEREFORE, BE IT RESOLVED: That the Common Council waives any permit fees that will be needed for the Columbus Lay Parade on Hertel Avenue. MichaP l J. LoCurto Delaware District CounciImember PASSED I 'AYE* NO FONTANA FKANCZYK r � * GOLONLMK r � * LOCLRTO S * T 9` PRIDGEN T RIVERA SCANLON *, SNQTH WYATT � * [----- -- ------ ] [MM- 5 (� [213 - s] [314 - 7] 020 RESOLUTION Sponsor: Christopher P. Scanlon Subject: Require Restricted Use Permits for E- Cigarette Stores WHEREAS, E- Cigarettes are a relatively new product to the Western New York area and as such, the City of Buffalo Charter does not include requirements and/or restrictions for e- cigarette stores; and WHEREAS, As a result of the lack of legislation regarding e- cigarette stores, said stores do not need to obtain permits or licenses from the Department of Permits and Inspections. Furthermore, these stores do not require Common Council approval; and WHEREAS, Other businesses, such as food stores, need to obtain Common Council approval before operating, providing the respective Councilmember with the opportunity to visit the store, speak with the owner and assess the impact the business will have on the surrounding neighborhood before approving or denying the license; and WHEREAS, Due to the lack of regulation, e- cigarette stores are literally "popping up overnight" creating an overly saturated market without any input from the respective Councilmember or the residents of the area; and WHEREAS, Current federal, state and county laws are unclear as to what license(s) and permit(s) are needed to legally operate e- cigarette stores; and WHEREAS, The United States Food and Drug Administration (FDA) currently does not regulate e- cigarettes, allowing for the liquid vapor to be mixed freely without any restrictions on the location of where the mixing occurs and the makeup and amount of chemicals mixed into the liquid, potentially leading to harmful or even fatal combinations; and WHEREAS, Furthermore, the liquid tubes sold at e- cigarette shops do not contain detailed labels listing their ingredients, nor are they childproof, allowing for the very likely possibility of accidental indigestion by a small child, which could lead to a serious illness or even death; and NOW, THEREFORE, BE IT RESOLVED, That the City of Buffalo Common Council respectfully requests that the Department of Permits and Inspections immediately establish a Restricted Use Permit requirement for any and all e- cigarette shops; and BE IT FURTHER RESOLVED, In the interest of protecting the health and safety of the general public, the Buffalo Common Council respectfully urges the United States Food and Drug Administration to immediately establish guidelines allowing them to regulate and restrict the e- cigarette market; and j BE IT FINALLY RESOLVED, That the City Clerk forwards copies of this resolution to the City of Buffalo Department of Permits and Inspections and the United States Food and Drug Administration. a hristoph - e'r P. Sc nion South District Council Member 0204 �p RESOLUTION f#[.r 1 lw Sponsor: Christopher P. Scanlon f a�vA)TR Subject: Urge NYS Department of Transportation to Absorb All Responsibilities Associated with the Maintenance and Upkeep of the Skyway WHEREAS, The Buffalo Skyway, a 1.4 mile long and 110 -foot tall expressway, requires a variety of costly, regular maintenance; and WHEREAS, Despite being a New York State Expressway, not a City of Buffalo street, the City of Buffalo's Department of Public Works is still charged with maintaining, repairing and replacing all of the light standards on the Skyway at a substantial cost to the taxpayers of Buffalo; and WHEREAS, In addition to the financial burden placed on DPW, the safety and well -being of the citizens of Buffalo who reside within the Buffalo Police Department's A- District is compromised several times per winter when the Skyway is closed due to severe weather. Unlike the NYS Thruway which utilizes "traffic arms" to close their ramps, the Skyway lacks "traffic arms" so as many as seven (7) A- District police officers must be dispatched to carry out the closing. These closings leave A- District (the geographically largest police district in the city), which encompasses all of South, sections of Fillmore, and sections of Lovejoy districts, severely short- staffed; and WHEREAS, Despite the fact that the task of closing the Skyway falls on the Buffalo Police Department, New York State Troopers are seen patrolling the expressway on an almost daily basis, issuing traffic citations which ultimately result in revenue for the State; and WHEREAS, The City of Buffalo should not be financially burdened, nor should the safety of its residents be put in jeopardy over the maintenance and upkeep of an aesthetically unpleasing and unnecessary expressway whose removal would only further the unprecedented development currently taking place on the Outer Harbor; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo urges the New York State Department of Transportation to purchase and install "traffic arms" to relieve the Buffalo Police Department of all duties associated with closing the Skyway; and BE IT FURTHER RESOLVED, That the Common Council of the City of Buffalo urges the New York State Department of Transportation to absorb any and all responsibilities associated with the maintenance and upkeep of the Buffalo Skyway (including but not limited to: lighting maintenance); and BE IT FINALLY RESOLVED, That the City Clerk forward a copy of this resolution to Commissioner Joan McDonald of the New York State Department of Transportation, 50 Wolf Road, Albany, NY 12232. isto er P. Scanlon South District Council Member 020' RESOLUTION In the Common Council of The City of Buffalo, On September 24, 2014 Council Member Smith, and Council Member Rivera submitted the following resolution: Buffalo Land Banking 3�` Whereas, New York State approved the Land Bank Act, article 16 of the New York State Not -for Profit Corporation Law, which permits foreclosing government unit (FGU) to form a land bank to return vacant, abandoned, tax - delinquent, and foreclosure property to a more industrious use; Whereas, under this act, the Buffalo Erie Niagara Land Improvement Corporation (BENLIC) was developed in May 2012 via an Intermunicipal agreement among the County's FGU's The City of Buffalo; Whereas, land banks have been successful in other regions experiencing mounting numbers of problem properties by supporting municipal and regional renovation efforts by acquiring, improving and selling properties; Whereas, BENLC seeks to work with the cities, towns and villages within Erie County to address the problem of distressed, vacant and tax - delinquent properties; and Whereas, the City of Buffalo has documented the need to address the issue of distressed, vacant and tax - delinquent properties and will utilize the BENLIC to address the problem; Now, Therefore Be It Resolved that The City of Buffalo Common Council— hereby officially request that BENLIC acquire the following properties from the prioritized listing below; In Rem # Address Type of Structure 44 1292 33 BRUNSWICK 14208 TWO FAMILY DWELLING 45 1243 193 BRUNSWICK 14208 TWO FAMILY DWELLING 48 882 218 BRUNSWICK 14208 TWO FAMILY DWELLING 48 890 223 BRUNSWICK 14208 TWO FAMILY DWELLING 48 883 236 BRUNSWICK 14208 ONE FAMILY DWELLING 48 921 113 DONALDSON 14208 TWO FAMILY DWELLING 48 922 131 DONALDSON 14208 TWO FAMILY DWELLING 47 908 135 DONALDSON 14208 TWO FAMILY DWELLING 42 223 160 HAMPSHIRE 14213 DOWNTOWN ROW TYPE (DETACHED) 48 2056 31 MEECH 14208 ONE FAMILY DWELLING 48 1053 416 WOHLERS 14208 THREE FAMILY DWELLING 45 1450 442 WOHLERS 14208 THREE FAMILY DWELLING 39 327 365 PLYMOUTH 14213 RESIDENTIAL VACANT LAND VWS Page 1 of 2 �� UTICA WEST VERMONT VERMONT EIGHTEENTH WINSLOW WINSLOW WINSLOW WINSLOW 14213 RESIDENTIAL VACANT LAND 14213 RESIDENTIAL VACANT LAND 14213 DOWNTOWN ROW TYPE (DETACHED) 14213 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND And Be It Further Resolved, that The City of Buffalo will seek funding for the closing cost and maintenance; And Be It Finally Resolved, that copies of this resolution will be sent to the Chairmen of the Buffalo Erie Niagara Lind Improvement Corporation; the Commissioner of the Erie County Department of Environmental and Planning; the Director of the City of Buffalo's Office of Strategic Planning; and the A YavQr of Buffalo. Demone A Smith Majority Leader Masten District Council Member Z — / David A. Rivera President Pro Tempore Niagara District Council Member VWS Page 2 of 2 48 248 600 48 261 235 48 265 367 45 155 44 44 1806 493 47 1243 517 39 2475 521 47 1237 528 UTICA WEST VERMONT VERMONT EIGHTEENTH WINSLOW WINSLOW WINSLOW WINSLOW 14213 RESIDENTIAL VACANT LAND 14213 RESIDENTIAL VACANT LAND 14213 DOWNTOWN ROW TYPE (DETACHED) 14213 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND 14211 RESIDENTIAL VACANT LAND And Be It Further Resolved, that The City of Buffalo will seek funding for the closing cost and maintenance; And Be It Finally Resolved, that copies of this resolution will be sent to the Chairmen of the Buffalo Erie Niagara Lind Improvement Corporation; the Commissioner of the Erie County Department of Environmental and Planning; the Director of the City of Buffalo's Office of Strategic Planning; and the A YavQr of Buffalo. Demone A Smith Majority Leader Masten District Council Member Z — / David A. Rivera President Pro Tempore Niagara District Council Member VWS Page 2 of 2 020` Resolution Sponsor: Demone Smith Subject: Permission to Hang Banners at Elim Christian Fellowship, 70 Chalmers Street Date : September 30, 2014 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: Elim Christian Fellowship is requesting to hang banners, specifically located at 70 Chalmers; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. Elim Christian Fellowship has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banner; and Now Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to Elim Christian Fellowship to hang banners located at 70 Chalmers and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission and Special Events to ensure conditions are met prior to the installation of the request to hang the banners in the City of Buffalo. PASSED Demone Smith Majority Leader, Buffalo Common Council Masten District Councilmember ¢AYE* NO * FONT-ANA T FRANCZYK T * * GOLOMBEK LOCURTO T � * PRIDGEN RIVERA # SCANLON *. WYATT f-- _ - - - -_- - -] [MAJ- 5] [2/3 - 6] * 1 [314 - 7] 0204 4 Y " BUDGET AND PERSONNEL AMENDMENT 20— POLICE 1124 — POLICE CIVILIANS BY: Mr. Wyatt The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 -1124- Police Civilians which currently reads: 98 Report Technician $ 32,816 - $36,190 2 Report Technician (Spanish Speaking) $ 32,816 - $36,190 Is hereby amended to read: 96 Report Technician $ 32,816 - $36,190 4 Report Technician (Spanish Speaking) $ 32,816 - $36,190 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, DANIEL DERENDA, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, 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. Bb(-(* W. BROWN MAYOR DANIEL DERENDA COMMISSIONER OF POLICE DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS zS /d APPROVED AS TO FORM Corporation Counsel CITY OF BUFFALO DEPARTMENT OF POLICE ' BYRWN W. BROWN DANIEL DERENDA MAYOR COMMISSIONER August 19; 2014 Donna Estrich, Commissioner 65 Niagara Square City Hall, Budget Room 203 Buffalo, NY 14202 The Buffalo Police Department hereby requests the following budget amendment to the 2014/2015 fiscal year adopted budget: Eliminate two (2) Report Technician positions 1 Title Code #01701 Org 12024001 411001 / Salary Range: $32,816 - $36,190 Add two (2) Report Technician Spanish Speaking positions / Title Code #01721 Org 12024001 411001 1 Salary Range. $32,816 - $36,190 There is no additional funding required for salary as this is a trade off between similar titles with identical pay schedules. This amendment is being requested due to the increased need for Spanish translation and hiring personnel that are capable of accomplishing this task. This allows the Department to better communicate with the public in this regard. If you have any questions, please contact me at 851 -4571. Sincerely, Daniel Derenda Commissioner of Police Cc: Deputy Commissioner Byron Lockwood, Administration Inspector Joseph Strano, BPD Admin. & Communications Captain Mark Makowski, BPD Admin. & Communications Lieutenant Joseph Panus, BPD Admin. & Finance 74 FRANKLIN STREET./ BUFFALO, NY 14202 -4099 / (716) 851 -4444 / www.bpdny.org [ MAJT - 51 [213 61 [314 - 7] 'AYE* NO FONTANA T FRANCZYK yy* GOLOMBEK T LOCURTO T b P T Jy * T PRIDGEN RIVERA SCANLON SMITH WYATT [ MAJT - 51 [213 61 [314 - 7] 1 020 No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for The National Federation of the Blind By Councilmember Mr. Richard A. Fontana Felicitation for The New Jerusalem Church of God in Christ By Councilmember Mr. Darius G.. Pridgen Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED Sept 30, 2014 G� (�it� of +�uffttlu Qlantatatt (Inuttril At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, September 30th 20,74, the following proclamation was unanimously adopted, sponsored by Lovejoy District Councilmember Richard A. Fontana: Whereas: Founded in 1940, The National Federation of the Blind is the largest organization of blind and visually impaired people in the United States with over fifty thousand members; and Whereas: The National Federation of the Blind provides numerous resources for blind persons including research, education, technologies, products, and services through the Jernigan Institute, Braille resources, scholarships, youth programming, and 'even free white canes that grant bl ind persons added freedom Richard A. Fontana Lovejoy District Council Member Vrodamation At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, September 23, 2014, the following proclamation was adopted, sponsored by Ellicott District Council Member Darius G. Pridgen: Whereas: On September 28, 2014 The New Jerusalem Church of God in Christ will commemorate its 50 year anniversary; and Whereas: The purpose of this event is to recognize the years of this service this ministry has provided to the community; and Whereas: Pastor Willie J. Griffin, Sr. and Lady Verdis O. Griffin, accepted leadership seventeen years ago; and Whereas: Under the tutelage of Pastor Griffin efforts to improve living in other parts of the nation have been made; and Whereas New Jerusalem Church of God in Christ, a mission minded church body works to serve others and build relationships outside its church walls. Now, Therefore, Be It Proclaimed: That the City of Buffalo Common Council pauses in its deliberation to recognize New Jerusalem Church of God in Christ, Pastor Willie J. Griffin Sr., and those individuals who have contributed their time and commitment to the 50 years of growth and kingdom building of this ministry; and Be It Further Proclaimed: That the City of Buffalo Common Council hereby designates September 28 2014 to be known as "New Jerusalem Church of God in Christ day" in the City of Buffalo, New York. Darius G. Pridgen Ellicott District Council Member Common Council President 0204' BY: RASHEED N. C. 1NYATT 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. Maribel I. Irizarry TOTAL: 1 ADOPTED ON 9130114 lu ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council .Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 7, 2014 at 9:45 o'clock A.M. Committee on Finance Tuesday, October 7, 2014 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, October 7, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 7, 2014 at 2:00 o'clock P.M. Special Committees Committee on Education Thursday, October 2, 2014 at 5:30 o'clock P.M. Committee on Claims Wednesday, October 8, 2014 at 1:00 o'clock PM Public D isclaimer ): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given fox notification, it will be provided. In addition, there may be meetings set LIP 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. 02048 M Adjournment (' 0, no my'-1-' 0 On a motion by Mr. Smith, Seconded by Mr. Ri�, the Council adjourned at GERALD A. CHWALINSKI CITY CLERK Sept 30, 2014