Loading...
HomeMy WebLinkAbout16-0301 (2) CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO MARCH 1, 2016 AT 2:00 P.M. Present—Darius G. Pridgen, President of the Council and Councilmembers: Feroleto, Fontana, Franczyk, Golombek, Jr, Rivera,Scanlon, Wingo, Sr, Wyatt- 9 Absent -None On a motion by Mr.Rivera, Seconded by Mr. Scanlon,the minutes of the stated meeting held on February 16,2016 were approved. * AYE* NO * * * * FEROLETO * ▪ * * * * * FONTANA * * * * * * FRANCZYK * i * * * * * GOLOMBEK * ▪ * * * * PRIDGEN * * * * * * RIVERA * • * * * * * SCANLON * * * * * * WINGO * * * * * * WYATT * * * * 0 * [MAJ - 5 ] [2/3 - 6 ] [ 3/4 - 7 ] March 1,2016 0 0 4 ___ , No. Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for x Epsilon Omega Chapter of Alpha Kappa Alpha Sorority Inc By Councilmember Pridgen Felicitation for Mrs Tia Brewer-Footman By Councilmember Pridgen Felicitation for Mrs Linda Coppock By Councilmember Pridgen Felicitation for Mrs Elizabeth Louis By Councilmember Pridgen Felicitation for Dr Mary Harley Gresham By Councilmember Pridgen Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED March 1,2016 In Memoriam Attached hereto are In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Mr.John Rak By Councilmember Golombek In Memoriam for Rev. Dr. Philip S. Gittings By Councilmember Rivera In Memoriam for Rev.Judge Whitt,Jr. By Councilmember Wingo, Sr. In Memoriam for Demetrius T.Johnson,Sr. By Councilmember Wingo, Sr. In Memoriam for Juan Alberto Montanez Navarro By Councilmember Wingo,Sr. In Memoriam for George Gayles By Councilmember Wyatt In Memoriam for Donna McCartney By Councilmember Wyatt In Memoriam for Joseph A. Neville, Sr. By Councilmember Wyatt In Memoriam for All Service Men and Women By Councilmember Pridgen In Memoriam for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED -----i---.---".."-•'' '''''::----tbti''':';: { ftp of uff Yo } Qrricott flftrfct �Counccit';':::::--',1 "':''''''''-'11,'"'-'"'"ttatit'''''-':',-,'''''''';'::"-:-.:-''':"=:':''',..'1::'''''''''''----:'-ii' '''''''''''''''''''-- - ' ' office At the regular meeting of the-::. ommon Council of the City of Buffalo held on Tuesday_Marc,,„...-:::,20_1..---,.;.:..- `i 2016 proclamation was adopted,sponsored by Ellicott'Distnct;Council President Darius G Pridthe following g: , Whereas Al ha Ka i p ppa.Alpha Sorort Inco campus of Howard Universit b a rou �nmeed was founded January 15, 1908 on the Y :y g Pstudents led by Ethel Hedgeman and is the"-oldest African American Sorority, • . Whereas, the Xi Epsilon Omega Chapter of Alpha Ka a A hh . t chartered on December 21 1981 in Amherst,New York by Glor a S Smith � Inc was . ' " Chapter will celebrate .. his year the 35 Years of service to the Western New York community, Whereas, the 2014 2018 International:Program theme forAl ha Kir is "Launching New Dimensions of Service" AZ ha Ka ppa Alpha Sorority, Inc. Epsrlon Omega Chapter supports tthe W tern New Yorkoi munit y,--,,-.-J;, ---:-,:!.:,:,..,:,.-.':-•*:-:.--:',..;:,---: IcX-- addressing the five targets areas of Educational Enrichment, Health;P om tlo needs by Strengthening, Environmental Ownership and;Global impact, and n, Family Whereas, The Xi Epsilon Omega Chapter, is holding their Annual Founder's Luncheon on Sunday, February 28,2016at 2 0o p m at the Buffalo Nia ara M Y Award Amherst,NY This year's theme is "Launching New Dintenszons of Service ..Cel rriott m Our Youth ebrattng Now, Therefore,Be It;Proclaimed, That the City;of Buffalo :Common Council acknowledges the hard work Epsilon Omega Chapter ofAl hat Ka and dedication of the Xi 1� ppa Alpha;Sorority,Inc.tobettermg our community and making a positive impact on the_lives of our;youth, Now, Therefore, Be It Further Proclaimed, That this:proclamation be entered into the official;public record of The Com Buffalo, New York mon Council of TheCrty of s� IN WITNESS WHEREOF, I`hereunto set my hand ' 1.01, 4 -1.1-i''':;:-::;,-,"...:!!--.,-, and cause the Seal of The City of Buffalo to be affixed. ���r r -.,,:',1!‘,'1:-..--..4,-. Done at Ci Hall in Buffalo,New York onthis day, • February 28, 2016 �I m�� � V� 4 t I' ��,, l Darius G Prid en g; . ' �' (0 �f ' Common Coun•cil President Ellicott Council 1Vlember I `rricott »� hart QCouzncffftr proclamation was adopted;' sponsored by Ellicott District yCof Council President -Darius Tuesday March 1, 2016, the following G Pridgen At theregularmeeting of the Comheld on mon Council of the .Whereas Tra' Brewer Footman founder ,of B, Unlimited LLC ' personality, Celebrity. Brand Strategist and hi til -sou -lit after: _ is an award winning Media" g Y g speaker, iereas, Tia's passion , is leveraging her God ordained la business minded people ;of •faith to P tform and.:expertise -to MOTNATE marketplace ready aT.nd EMPOWER them o TELL t eit:46 Ip them to show up story autenticallywell, 'ha is a woman of many accomplishments including: National 'oung Inntit ovators Under 35 Award, Tia Brewer Da in Council of Negro Women's; Carolina, The Post &Courier's Top 20 Women" Under ' the cit3 . among liV1 7, ereas, Tia has worked in various marketing and. talent capacities'for such is Disney, McDonald's, L'Oreal, Warner Bros Studios,,Merce °nic brands -as Walt QVC, and des Benz North America, and; 'ia continues to influence the lives of others by,servin as laley's designee and youngest State Commissioner for all uth Caro: ffairs g.. of.South IN WITNESS - WHEREOF, I hereunto set my han and-s.6use:the Seal Of, e City of Buffalo to be afflxec Done at City Hall: in Buffalo, New'York on this -day, February28, 2016.. . 1E be CItp of ISuffaio rothmatton etttcott forict Council +J ffice At the regular meeting of the Common Council of the City of Buffalo held on Tuesday March 1,2016,the following. proclamation was adopted,sponsored by Ellicott District Council President Darius G.Pridgen; 'Whereas, Linda Coppock was born the third child of Adam and Leila Jones of Buffalo,NY. She was educated in the Buffalo Public Schools System at Bennett High School later attending Morgan State University in Baltimore, Maryland; 'Whereas, Linda married Michael "Mickey" Coppock in 1976 later completing their family with the arrival of son and daughter, Michael Jr. and Camille; Whereas, Linda dedicated 30 years of service to the Buffalo Public School System teaching fourth and sixth grades and serving as Project Coordinator for the Buffalo Board of Education; Whereas, Linda became a member of Alpha Kappa Alpha Sorority, Inc. in 2001 with whom she has been extensively involved in chapter activities including chairing the 25th Anniversary of Xi Epsilon Omega, chairman of Sisterly Relations and the MLK Jr. Community Impact Day, among others; and Whereas, Linda Coppock is a woman of great character and has put forth the effort of bettering our community and the lives of those around her. Now, Therefore Be It Proclaimed, That the City of Buffalo Common Council recognizes the hard work of Mrs. Linda Coppock in our community and in the Xi Epsilon Omega Chapter of Alpha Kappa Alpha Sorority Inc. We congratulate her on receiving the honor of Soror of the Year at Xi Epsilon Omega's 2016 Founder's Day Luncheon, Now,Therefore,Be It Further Proclaimed, That this proclamation be entered into the official public record of The Common Council of The City of Buffalo,New York. IN WITNESS WHEREOF, I hereunto set my hand 121 and cause the Seal of The City of Buffalo to be affixed. �' =' Done at City Hall in Buffalo,New York on this day, ' '` February 28, 2016. 4 1 1 , tea fs C—, e del f ' 14 Darius G. Pridgen Common Council President Ellicott Council Member Orbe Cttp of ISuffaio rottamatton tticott Ottitritt Council I]:ffice At the regular meeting of the Common Council of the City of Buffalo held on Tuesday March 1, 2016,the following proclamation was adopted, sponsored by Ellicott District Council President Darius G. Pridgen; Whereas, Mrs. Elizabeth Louis was born on February 18th, 1916 in Jackson, Tennessee. Her education began in Tennessee before relocating to Buffalo, NY where she completed a degree in Cosmetology; Whereas, Elizabeth was a longtime resident of the Masten District and owned her own beauty salon for many years; Whereas, Mrs. Louis joined Calvary Christian Methodist Episcopal Church formally known as Jubilee Temple CME Church. She was an active member for 75 years until her health failed in 2004; and Whereas, Mrs. Louis has been committed to serving her Lord, Church, Community and her family and friends. Her commitment and was to make things better than she found them. Now, Therefore, Be It Proclaimed, That it is an honor and a privilege for The City of Buffalo Common Council to extend our sincere best wishes to Mrs. Elizabeth Louis on her 100th birthday, Now, Therefore Be It Further Proclaimed, That this proclamation be entered into the official public record of The Common Council of The City of Buffalo, New York. IN WITNESS WHEREOF, I hereunto set my hand �`�� �i a y` � and cause the Seal of The City of Buffalo to be affixed. ,,t Done at City Hall in Buffalo,New York on this day, February 18, 2016. , � fD tom, VI' (l ," Darius G. Pridgen Common Council President Ellicott Council Member L tribe QCitp of Ouffato I= rodamation lfcott ,i fttrict Council IJ fffce Whereas, Dr. Mary Harley Gresham began her career at the University of Buffalo in 197o as a counselor in the Educational Opportunity Center and has served in several senior leadership positions including Vice President of Public Service and Urban Affairs from 1997 to 2006; Whereas, after 45 years of outstanding and distinguished service to the university and the community at large, Dr. Mary Harley Gresham has retired, from the State University of New York at Buffalo; Whereas, In her 45 years of service, she enhanced academic support structures and access to higher education for disadvantaged and nontraditional students, strengthened the university's local partnerships, commitments and presence in the City of Buffalo, and significantly contributed to an engaged culture and identity at the University; Whereas, Dr.Gresham spent time volunteering with many groups and organizations,including the American Red Cross, Buffalo Urban League, and Minority and Women Inclusiveness Project of United Way; and Whereas, Dr. Gresham draws on her knowledge of urban issues to help an organization committed to the public good move forward. Now, Therefore, Be It Proclaimed, That the City of Buffalo Common Council acknowledges the hard work and dedication of Dr. Mary Harley Gresham to bettering our community and making a positive impact on the lives of the students and faculty at the State University of New York at Buffalo. Now, Therefore, Be It Further Proclaimed, That this proclamation be entered into the official public record of The Common Council of The City of Buffalo,New York on its next scheduled meeting on March 1, 2016. IN WITNESS WHEREOF, I hereunto set my hand and cause the Seal of The City of Buffalo to be affixed. s A M.A ; Done at City Hall in Buffalo,New York on this day, r.4 February 27, 2016. 411.70M- 1)41A t t 4-At x its�C ` l, .�� '�`fes' -� @,, "' ..•ka),Lty) Cs a, � 0v!Ovh rs: Darius G. Pridgen Common Council President rri Ellicott Council Member FROM THE MAYOR March 1,2016 00 ': .1 #4(Rev 7-07) vt 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: FEBRUARY 19,2016 in the Department of EXECUTIVE Division of MAYOR to the Position of CHIEF DIVERSITY OFFICER Permanent, Provisional,Temporary,Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT I' I. (Enter Starting Salary):Starting Salary of $ 101,873. j, LAST JOB TITLE NAME CRYSTAL RODRIGUEZ i LAST DEPARTMENT DATE ADDRESS 140 LINWOOD AVE.,APT. B12 i LAST SALARY CITY&ZIP BUFFALO, NY 14209 ` LAST 4 DIGITS OF SSN. XXX-XX-1631 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY&ZIP LAST 4 DIGITS OF SSN. XXX-XX- RECEIVED AND IV DA FILED BUDGET ORG. CODE 1030 TITLE CODE NO BUDGET ACCT.OBJ. 411001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT.ABOVE THE MINIMUM: . NAME OF APPOINTING AUTHORITY: BYRON W. BROWN. TITLE OF APPOINTING.AUTHORITY: MAYOR DATE: F BRUARY 19/,2016 SIGNATURE OF APPOINTING AUTHORITY: w 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) 1 0 0 4 2n TO THE COMMON COUNCIL DATE: February 25, 2016 FROM THE EXECUTIVE DEPARTMENT OFFICE OF THE MAYOR SUBJECT: Extend Downtown Stadium Leasing Arrangements with Buffalo Bisons through September 30, 2016 I am writing to request that Your Honorable Body approve a twelve month extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as the one year extensions which we've put in place yearly since 2008. I have attached the proposed lease extension agreement for your review and approval. The proposed extension, as in years past, includes the standard assistance of up to $30,000 in utility costs reimbursements from the City to the Bisons per stadium operational year. Also, consistent with previous extensions,the City will pay for stadium property damage insurance at a premium of up to not to exceed$40,000 and will continue to provide refuse collection(valued at approximately $38,000) and water(valued at approximately$20,000) at the stadium. Further, similar to previous lease extensions,the City will use its best efforts to cause the provision of post-game supplemental clean-up personnel similar to that which was provided last year, however,there will be no obligation on the part of the City in the event said personnel are not actually provided. Neither the City nor the Bisons are committing to any obligation for"City Capital Repairs"during the extended term. The City and the Bisons will continue to work in good faith in an attempt to reach a formal long-term agreement for extending the lease of the stadium. I respectfully request that Your Honorable Body approve this twelve month lease extension through September 30, 2016 and the above expenditures/services (including but not limited to the expenditure of up to not to exceed $40,000 for stadium property damage insurance). DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE: de REFERRED TO THE COMMITTEE ON FINANCE. V�\ NINTH AMENDMENT TO STADIUM LEASE AGREEMENT, SUBLEASE AND SECOND SUBLEASE THIS NINTH AMENDMENT TO STADIUM LEASE AGREEMENT,SUBLEASE AND SECOND SUBLEASE (the "Ninth Amendments")are made as of the day of September, 2015,by and between the CITY OF BUFFALO,a municipal corporation of the State of New York,having its principal place of business at City Hall,No. 65 Niagara Square,in the City of Buffalo, County of Erie and State of New York 14202 (the "City"),and BISON BASEBALL,INC., a Delaware corporation duly authorized to do business in the State of New York,having its principal office or place of business at 275 Washington. Street,Buffalo, New York 14203 (the "Bisons"). WITNESSETH: WHEREAS, the City and the Bisons are parties to a certain Bison Baseball, Inc. Stadium Lease Agreement, dated as of February 25, 1986,as amended by a certain Agreement,dated as of October 20, 1993 and as further amended by an Amendment to Stadium Lease Agreement dated as of March 27,2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14,2010, the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31,2011, the Fifth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2012, the Sixth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2013,the Seventh Amendment to Stadium Lease Agreement,Sublease and Second Sublease dated as of April 1, 2014 and the Eighth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2015 (said Bison Baseball, Inc. Stadium Lease Agreement, as so amended, being herein called the "Prime Lease"),pursuant to which Prime Lease the City is leasing to the Bisons the Downtown Stadium (as such term is defined in the Prime Lease) located on property in the City of Buffalo, County of Erie and State of New York and more particularly described in Exhibit A attached to the Prime Lease;and WHEREAS,the Bisons and the City are parties to a certain Sublease, dated as of January 1, 2003 as amended by an Amendment to Sublease dated as of March 27,2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009,the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010, the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2011, the Fifth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2012, the Sixth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31,2013,the Seventh Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 1,2014 and the Eighth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2015 (the "Sublease",with all capitalized terms not otherwise defined in this Amendment having the { meanings given to such terms in the Sublease),pursuant to which Sublease the Bisons are subleasing to the City the Stadium;and 1 WHEREAS,the City and the Bisons are parties to a certain Second Sublease, dated as of January 1, 2003 as amended by an Amendment to the Second Sublease dated as of March 27, 2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17,2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010, the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31,2011, the Fifth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31,2012, the Sixth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2013, the Seventh Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 1,2014 and the Eighth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2015 (the "Second Sublease",with all capitalized terms not otherwise defined in this Amendment having the meanings given to such terms in the Second Sublease),pursuant to which Second Sublease the City is subleasing to the Bisons the Stadium;and WHEREAS, the City and the Bisons have agreed to further amend the Prime Lease,the Sublease and Second Sublease so that the terms of the Prime Lease, the Sublease and Second Sublease will be extended for an additional period of twelve months,in the manner and upon the terms and conditions hereinafter provided; NOW,THEREFORE,in consideration of the mutual covenants contained herein and other good valuable consideration,the receipt and sufficiency of which is hereby acknowledged by the parties,it is hereby agreed by the parties as follows: 1. These Amendments shall be construed with and as part of the Prime Lease,the Sublease and Second Sublease. 2. Notwithstanding any term, covenant or conditions contained in the Prime Lease, the Sublease and/or Second Sublease to the contrary,the language herein shall be given full force and effect. 3. Section 3(a) of the Prime Lease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "The term of this Lease Agreement shall be for a period of twenty-seven and one half(28 1) years, commencing on the first day of April, 1988,and expiring on the 30th day of September, 2016." 4. Effective on and after the Extended Term Commencement Date, Section 2.2 of the Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "2.2.Term. The term of this Sublease shall commence on the date hereof and shall continue through and including September 30th, 2016 ("Term"), unless sooner terminated in accordance with the provisions hereof." \l 5. Effective on and after the Extended Term Commencement Date, Section 3.2 of the Second Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "3.2. Term. The term of this Second Sublease shall commence on the date hereof and shall continue through and including September 30,2016 ("Term"), unless sooner terminated in accordance with the provisions hereof." 6. The Utility Payment Reimbursement By City provisions in Section 4.4 of the Second Sublease shall also be extended by twelve months. By way of clarification,it is understood and agreed that the City's obligation under this provision shall not exceed$30,000 in any one year. Notwithstanding the foregoing, since the Eighth Amendment was only for a period of six months and since this Ninth Amendment is for a period of an additional twelve months, the parties agree that on a one time only basis an additional up to $15,000 can be made available under this provision so as to provide for the standard up to $30,000 per operational year utility payment reimbursement. By way of clarification,no more than an up to $45,000 reimbursement in the aggregate shall be available for the period running from April 1, 2015 through September 30, 2016 under this formula under the Eighth Amendment and under this Ninth Amendment. 7. Paragraph 8 of the Amendment to Second Sublease is amended to replace reference to August 31, 2008 with September 30,2016. 8. Neither the Bisons nor the City are obligated to perform any capital repairs to the Stadium between the date hereof and September 30,2016. Notwithstanding the foregoing, through September 30, 2016, the City agrees to work in good faith with the Bisons to provide minor capital and maintenance repairs to the Stadium of a nature substantially similar to the repairs and maintenance provided by the City from April 1,2008 through the date of these Ninth Amendments. The parties acknowledge and agree that the Stadium is of an age where it is anticipated that material capital repairs will likely be necessary on an ongoing basis to ensure that the Stadium is fit for its intended purpose and does not pose a safety hazard to the personnel working at the Stadium or the general public attending events,games and functions at the Stadium. Examples of capital repair items of a material nature that may possibly become necessary during the Term of this Agreement are such items as are set forth in the HOK Facility Analysis report commissioned in mid-2008. The revenues at the Stadium are not sufficient to cover the expense of any such items and the City does not have the financial budget to account for such items. Consequently,recognizing that the Stadium constitutes an asset for not only the Western New York area but also New York State, the Bisons have appointed Jonathan A. Dandes and the Honorable Byron W. Brown, the Mayor of the City of Buffalo, has appointed as designated representatives to approach the State of New York as soon as practical with respect to funding needed for capital repair items to the extent that they occur between the date of these Amendments and September 30, 2016. 9. Except as modified herein all terms and provisions of the Prime Lease, Sublease and Second Sublease shall remain in full force and effect. 10. This Amendment shall inure to the benefit of, and shall be binding upon, the City and the Bisons and their respective successors and permitted assigns. 11. Further, similar to earlier lease years, the City will use its best efforts to cause the provision of post game supplemental clean-up personnel during the lease extension through September 30,2016,however there will be no obligation on the part of the City in the event the personnel are not actually provided. IN WITNESS WHEREOF,the City and the Bisons have executed these Amendments as of the day and year first above written. THE CITY OF BUFFALO BISON BASEBALL, INC. BY: BY: Byron W. Brown,Mayor APPROVED AS TO FORM ONLY By: John V. Heffron Assistant Corporation Counsel STATE OF NEW YORK ) COUNTY OF ERIE ) ss: CITY OF BUFFALO ) On this day of ,2016,before me,the undersigned,a Notary Public in and for said State,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 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 on behalf of which the individual acted, executed the instrument. Commissioner of Deeds,Buffalo, New York My Commission expires: or Notary Public,Erie County,New York My Commission expires: • STATE OF NEW YORK ) COUNTY OF ERIE ) ss: CITY OF BUFFALO ) On this day of 2016, 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 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 on behalf of which the individual acted as President of BISON BASEBALL, INC., executed the instrument. Notary Public,Erie County,New York My Commission expires: FROM THE COMPTROLLER March 1,2016 Certificate of Necessity Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20-12 of the Charter, that it is necessary that the sum of $500,000 be transferred and reappropriated as set forth below: From: 17303002-423001 NYS Employee Retirement $ 500,000 To: 13296005-466000 Public Works Building Supplies $ 100,000 13296006-443200 Public Works Building Repair $ 400,000 p (�J • • v• ��� BYRON W. B ��WN ECEIVED AND MAYOR / 1 r� ,-1,10 104 MARK 77SCHROEDER COMPTROLLER 00 /1::: ', Certificate of Necessity Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20-12 of the Charter, that it is necessary that the sum of $750,000 be transferred and reappropriated as set forth below: From: 17303002-423002 NYS Police&Fire Pension $ 750,000 To: 17221008-480205 Prior Year Claims $ 750,000 ./ 4 (-J- B ',1(9 N W. BROWN RE AND F9 ► MAYOR Ail", ' A �'/ MA ' IF(CHRiEDER COMPTR I LER i 004 , (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 23,2016 FROM: DEPARTMENT: Audit& Control DIVISION: Comptroller SUBJECT: 2015 -2016 Second Quarter Gap Sheets Report As required by the City Charter, we have reviewed the 2015 - 2016 Second Quarter Gap Sheets Report (Gap Report),which was prepared and submitted by the administration,and are filing this review and summation. The anticipated timing of certain receipts and expenditures for the last two quarters of this fiscal year is unknown to our fiscal office. Therefore, past transactions were utilized to review the reasonableness of the projects as established by the administration. Unusual and non-recurring items were considered in this calculation and adjustments were made accordingly. The administration's Gap Report projects a$2 million surplus for the current year ending June 30, 2016, based on actual results through December 31, 2015, and projections for the period January 1, 2016 through June 30, 2016. Similar to the first quarter, this office's financial review of the year-end projection varies from that of the administration. As we noted in our past two Budget Responses, there continues to be unreliability in several significant sources of revenue. Both the inclusions of some revenue sources that may not be available,as well as the amount of revenue that will be relied upon from other sources,appear to be overly optimistic. As in the prior quarter, the administration has acknowledged that it expects to fall short materially on several revenue items. This department continues to agree that those items appear over-budgeted and may even come in lower than what the administration is currently identifying. Projected material revenues in the following areas remain questionable: • Traffic Violation Revenue • Sale of Land Revenue • Sales Tax Revenue This potential overestimation of revenues could result in an even greater amount of fund balance reserves being needed than what was budgeted. It should be noted that some expenses are tracking significantly under budget,and if this trend continues, it may help to offset the questionable revenue projections. We understand that historical trends,though useful in performing a reasonableness test,may not necessarily be a fair prediction of what may occur in the next six months. Also, as our office is not a part of City-wide management decisions, we may not be aware of all anticipated changes to staffing and operations during the remainder of the fiscal year. Department Head Name: Mark J.F. Schroeder Title: Comptroller Signature of Department Head: cts3-Z 7c..0111( I i REFERRED TO THE COMMITTEE ON FINANCE. �yEAt (--- -.7t-TFI:VI-i .- 4 CITY OF BUFFALO :.: BUFFALO FIRE DEPARTMENT ! A tat BYRON W. BROWN GARNELL W.WHITFIELD,JR. MAYOR COMMISSIONER February 18,2016 . Kevin J.Kaufman City Auditor,City of Buffalo Department of Audit and Control 1225 City Hall Buffalo,New York 14202 Dear Mr.Kaufman, Thank you again for taking the time today to review the Audit of Buffalo Fire Department Payroll Procedures,and for your advice and assistance regarding implementation of the recommendations.I appreciate the additional information that you provided to enable me to better respond to some of the findings. Please permit me to take this opportunity to clarify the correspondence that I sent to you on February 11, 2016.In re-reviewing that letter,I realize that I unintentionally stated that attached was"a response"to the Audit,rather than"a preliminary response"that was based on the information that was readily available to me at that time.In my haste to initially respond and to continue our dialogue quickly,I certainly did not intend for the perception to be that that this was a"final response"to the Audit. I was asking for additional documentation to help me better understand some of the findings,but I did not mean to imply that I didn't fully expect that we would have the opportunity to review those materials with you, and that we would then be in a better position to thoroughly respond to your findings and work together to resolve any issues.Based on the additional information that we reviewed today,I will submit a complete response to your office as quickly as possible. Also,I sincerely appreciate your offer to provide further assistance.While we have put the appropriate personnel in place to efficiently process the Fire Department payroll at this time,I still welcome the opportunity to continue to work with you on implementation of the Audit recommendations. Thank you again. ,'' EFERFZED TO THE COMMITTEE Sincerely, i. N A i',,A CE n 52 Ji Jnr v- AJJJ.J ��- Aik 5 I Garnell W.Whitfield Jr. II e"+n 4 Commissioner of Fire °D ., cc: Hon.Byron W.Brown co.� Hon.Mark J.F. Schroeder 1,,k.) CD 195 COURT STREET/BUFFALO,NY 14202-2692/(716)851-5333/FAX:(716)851-4364/www.city-buffalo.com FROM THE PRESIDENT OF THE COUNCIL • March 1,2016 0 0 ., . Common Council. CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT DARIUS G. PRIDGENCHAIRMAN COUNCIL PRESIDENT - — RULES COMMITTEE ELLICOTT DISTRICT COUNCIL MEMBER .r GtJoj= CHIEF OF STAFF 65 NIAGARA SQUARE,1315 CITY HALL FELICIA M.STANLEY er- BUFFALO,NY 14202-3318 k- LEGISLATIVE AIDE PHONE (716)851-4980•FAX:(716)851-6576 TAWANA N.RICHARDSON City of Buffalo Website www.city-buffalo.com Ellicott District Website:www.buffaloellicottdistrict.com r Y— MEMORANDUM • TO: Gerald Chwalinski FROM: Council President Darius G. Pridgen Date: March, 1, 2016 RE: Lead Poisoning Prevention Informational Resource • I would like to file the attached information for the next Common Council meeting to be . held on March 1, 2016. Thank you, Darius G. Pridgen Council President . Ellicott District Council Member RECEIVED AN. FILE*, ,; Ellicott District... A Great Place To Work, Live and Enjoy. 1 f, L • Facebook:Buffalo Fllicott District Twitter:@Ellicott1410 moi -1 - l r . � z O n - ter T r I j r r _F 7 l n Cr CT7 ZG _-' CT 17, 2 - rnQ . i �3 -,r• :i J 7 D r- � r r = 7 r . '�h-, s c D m /'. I / -‹ (D 'B "6 ,t a"r t4"• .r H 7 r > r.., 0 0' CD rr .l- 1,,t` Y -y�'k-' � -p. ;r 7 7 - -1 Y r'. • / (i r.0 C r m - - m i (� C C 4., t x -.:1-.":;',2-t-4---,1113 ice h 7 i Y r. _. r-, n. r to m , h ria ;,', ;A S. 7 C' n m - = r m .� J , > 7 . : C 7 Y y ,-.. 7' , (.ori '�•lQ rNy, 'l t,,,,r } i -8V ''• `' 3 i '71 (-2. --. .- C`I - i nI7 7In 7_. m , 0) '� L Y t >-.3^' '' ' tx Cl m - . Y r- J 7 n 7_ C, 7 C 7 n _ r (D -S = "•",` . -s r ?''rte ✓ i 77 r J ? ' C 7 .� :- •-17 I ! n Q.. fl/ ; r i ,4:v,-:5,-.- Z j ~ y v / C `* Y -S�s s �-444 a r, H 1 r- .r - Y r' 7.n rs.� -r rI- �.(' J 7 rte} ��� f x t }° ' q yF H H m -'-‘ --I 'r, ,.r- m 2 7 v I y '�. ! `G 'a V1 I t[q :g gz{''t/ s i t, I m C-i rI- �' m v' O.(- ? --, Z --; / 0 in al F rt-ax -V 44. 4 .� fr� p J r; -' U ' r,.0 C.n rj / / ' (D 3(D r y fP �z a ��,.. a r ,i'1,;, Y (" .. �' C > - n r• J ,(--. r � 0 , u) ' r a y£+r Fit ; Y r-, :- '7 / r r- f; Y �'17 rr. c 0 .rp-�',, .1,;',.•-!-, a�£T �-` " Cl _ ;J 7C7 1 ,,-, r.,.'.7 Ycnn : s - - I `�'. .3a ,�- 3'x„r t Trm - - - r _ C, rn -> 7_ 7. ✓ /_ i i _ ..` mss- 4 7r rte ,- ,. _ -H7 � C C i c � € : m m i J ✓, n 7 7 i r 1 1 Q _ ,ts,�fr• �Y$ 8 .,, r - I H V.' v rTi ti (D 5r ' C > -r, � > r \\ J '-'--- \ 7 Id iN .{ rnr', 7 CG •Z ,y 14,17� `i Q m aG aV° O ' _ C , , Y � „ m0 I 1 Z JDA' _. I rrl v, m m t ' r, Z l - rn m O ' rri m r 1 �' J m - C rn G � ;- m s C m ^ H H. -1 0 I , o n n L C / rr± ymz- - v, D r7 1 c' '_. r" 0 '77 r- n C - nr 0 JI SIT ' (` T- - � � I .j=:<JI-{> /, J rri Z .moi .- 1 1 07 rnI 1 o Avg rri T. _ -� (...i-40 0 d '."5 t r •tom 40 CD CD CD O v , mss; y • ®r.' p.} or, C c o o n n U � m rt ac Got MN0APa;iNpii'� E : 'C't..'1::::1 si V ''''''.4 CD ei- c Z ems+ CD m ci CZ Z 1 CD e--1- CD 1 r-- Q.+ r pa cm w 1 ice.! U WU cr �_ o 8 \'\ ‘\', Wm 0 mss. O O m �'y. p w�• "5 i-� 02 0 �• 0 t11 OS 5. 'AO' C a0oa Sx ;f',, CDC C P ems-hilt' ®,aaiQ! M a. r sr P• c, fo sa °RC yo1a, Nk° r A7 e.sCo tr o O .a $lo o xt 9 k ttl !_ ami ' 7o H' , x b A>c , d ° o o. p -S H 3 ma 0. co c • /cN , - OC i ph ,E1 m n p W Gm' Or I •< C0 !O N m 5. Oyc n Oa � O m P cto+pqNr6 t. 'Oy O C p 0n G. ^ �. N m COfy wR .r . 0 ' dONOi ,N 0 O lfl C p ". dnm a. aya 0,, aO O O ow E. xga s n. cyId y 0 P p y � g p Kom Caa o P1/4, a o a a n� ] • cO ". w nS Ea° d "a s wa n cn lc, -0, N WW mG O 5 I ! 'N Q ON ` E r P o c,,I ' 0 Mu b a. 5 c. B aC ^ ,•ov 0 oO g a ,- • aHvHb , ' o F., ro ^�' • co Ow o i., rnw vVE Ni w�. Irrill \ CO3 CL 3 • 63 I ao0 1 I gip bfa)y �1 to n t ' .y bd s t"•' h 1 H ttl '� f� M Mill m x' # ,,, `"' y rT �' UQ P. GP O �" O " h, C") O _ 0�0 N 0�0 N p Oho N p tci 1 C CD _.,,r.,,t.... ,.. ,r _,:,. g 0 . _ t CD NMI �{ :� s= „ �(.:: at• _ h ►� ag ,.0 CA0 n1 'Y Ai CCD `U O,....• Z RO O rD '� �.� { Fs' z . .' ,+.� < N u �, 3 s: do O �A L '1:1 0 O 7 OO �n CCD I A7 tig > � Q G• 'rt. ,, ' 1231 i FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS March 1,2016 00 = 10 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO:THE COMMON COUNCIL DATE: March 1, 2016 FROM DEPARTMENT: Management Information Systems SUBJECT: [: Permission to Enter into Agreement [: CivicLive [:Website Redesign and CMS System PRIOR COUNCIL REFERENCE(IF ANY): On October 5th, 2015, a Request for Proposal(RFP)was issued from and in coordination with MIS for a Website Content Management System(CMS) and a redesign of the public website. Proposals would completely redesign the public website and the CMS system would streamline the posting of content to the website. Proposals would also provide features such as the means to notify customers(citizens)via social media, email notifications and alerts,publish content from each department,integrate with third party software,provide responsive design for mobile devices and provide a new city brand for a new online presence. An ad hoc committee of commissioners and staff from Council Staff, Strategic Planning, Budget, MIS and the Comptrollers offices reviewed submissions and found CivicLive to have submitted a proposal most favorable to The City in accordance with the project parameters set in the RFP. Permission is hereby requested from Your Honorable Body to authorize the City of Buffalo,MIS department to enter an agreement with CivicLive to provide a new public website and Content Management System,subject only to such notes and clarifications as are recommended by the Corporation Counsel in finalizing the terms of the Agreement.The cost of this project and implementation is estimated not to exceed $140,000.The funds are available in the following accounts: #10871006 432004 GC/TM/MC RECOMMENDED} Daryl Springer,Supervisor of Operations, MIS DEPARTMENT HEAD NAME: Kenneth M. Barnes TITLE: Chief Information Officer SIGNATURE OF DEPARTMENT HEAD: A, / //,.( Cc: Daryl Springer,Supervisor of Operations Peter Barone, Supervisor of Operations REFERRED TO THE COMMITTEE ON FINANCE. /1{L 5 / FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS March 1,2016 0 0 4 P'7 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10918 [: Repeal No Parking [: on Hickory Street,west side [: between Clinton Street [: and William Street [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) NO PARKING-REPEAL 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 repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITEDPERIOD Hickory Street,west side At all times between Clinton Street and William Street • SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: / yv (10918.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL , TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10919 [: Install Alternate Parking-Type II K [: Hickory Street between [: Clinton Street and William Street [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) NO PARKING(ALTERNATE-TYPE II K) -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 Hickory Street,east side 6:00 p.m.Monday to between Clinton Street 6:00 p.m.Thursday and William Street Hickory Street,west side 6:00 p.m.Thursday to between Clinton Street 6:00 p.m.Monday and William Street SJS/MJF/EDS/RWS Cc:Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: v (10919.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 9/ TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10920 [: Repeal No Parking [: on Scott Street,south side [: between East Market Street [: and Chicago Street [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) NO PARKING-REPEAL 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 repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Scott Street,south side At all times between East Market Street and Chicago Street SJS/MJF/EDS/RWS Cc:Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: i Xwit/ (10920.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10921 [: Install Permissive Parking [: on Scott Street,south side [: between the east curbline of East Market Street [: and a point 274 feet east therefrom [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) PERMISSIVE 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: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD-DAILY Scott Street, south side 2 Hour Parking Between the east curbline of East Market Street 8 a.m.to 5 p.m. and a point 274 feet east therefrom Monday-Friday SJS/MJF/EDS/RWS Cc:Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: i% yvNy (10921.dac) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10922 [: Install No Parking [: on Scott Street,south side [: between the east curbline of East Market Street [: and a point 274 feet east therefrom [: Fillmore 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 Scott Street,south side At all times Between the east curbline of East Market Street Except 8 a.m.to 5 p.m. and a point 274 feet east therefrom Monday-Friday SJS/MJF/EDS/RWS Cc:Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10922.dac) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10923 [: Install No Parking [: on Scott Street,south side [: between 274 feet east of the east curb of East Market Street [: and Chicago Street [: Fillmore 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 Scott Street, south side At all times between 274 feet east of the east curb of East Market Street and Chicago Street SJS/MJF/EDS/RWS TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 15M.11/11//;1^/"/ (10923(100 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 1,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10925 [: No Standing School Days Install [: on West Chippewa Street,south side [: between the west curbline of Franklin Street [: and a point 203 feet west therefrom [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Chippewa Street,south side 2:00 p.m.—2:30 p.m. between the west curbline of Franklin Street School Days and a point 203 feet west therefrom SJS/MJF/EDS/RWS Cc:Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: e � (10925.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10926 [: Install Permissive Parking [: on Van Rensselaer Street,east side [: between Exchange Street [: and a point 190 feet south of the [: south curb of Roseville Street [: (Fillmore District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) PERMISSIVE 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: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD-DAILY Van Rensselaer Street,east side 2 hour parking between Exchange Street 8 a.m.to 5 p.m. and a point 190 feet south of the Monday-Friday south curb of Roseville Street SJS/MJF/EDS/RWS Cc:Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: j ,tj�yr v (10926.doc) { 1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 111 TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10927 [: Install Traffic Control Signal [: South Park Avenue [: at Solar City Access Road(approximately [: 250 feet northwest of Bertha Street) [: (South and Lovejoy Districts) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) TRAFFIC CONTROL SIGNAL -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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF South Park Avenue at Solar City Access Road SJS/MJF/EDS/RWS TYPE DEPARTMENT HEAD NAME: Michael J.Firm,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: / / ,n4v (10927.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ib(\ TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10928 [: Install Traffic Control Signal [: Smith Street [: at Interstate 190 South Ramp [: (Fillmore District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) TRAFFIC CONTROL SIGNAL -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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Smith Street at Interstate 190 South Ramp SJS/MJF/EDS/RWS TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10928.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10929 [: Install Traffic Control Signal [: Smith Street [: at Interstate 190 North Ramp [: (Fillmore District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) TRAFFIC CONTROL SIGNAL -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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Smith Street at Interstate 190 North Ramp SJS/MJF/EDS/RWS TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 941.( //"" (10929.doc) RECEIVED AND FILE• $#1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: February 23,2016 FROM: , DEPARTMENT: Public Works,Parks&Streets DIVISION: Parks SUBJECT: [: Change in Contract [: Broderick Park Ph III Consulting Services [: Contract#93001448 [: Clinton Brown Company [: Architecture,PC PRIOR COUNCIL REFERENCE: (IF ANY) [: September 2,2014,Item#1713 Permission is hereby requested from Your Honorable Body to increase the consultant contract for the above named contract. This change order is necessary to increase the contract encumberance to provide construction administration,and inspection services for the Broderick Park Ph III construction project. Existing Contract Amount $39,750.00 Change Order $ 9,600.00 Revised Contract Amount $49,350.00 The funds will be available in Account#38404706-445100,and other account(s)to be named at a later date. I respectfully certify that this change order is fair and equitable for the work involved,and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works,Parks& Streets to issue said change order to Clinton Brown Company Architecture,PC. SJS:MJF:ARR Recommended: Andrew R.Rabb,Deputy Commissioner Parks TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works ': s&Streets SIGNATURE OF DEPARTMENT HEAD: • i Change in Contract—Broderick Park Phase III Consulting Services (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 23, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $9,600.00 (Original Contract Amount $39,750.00 + Change Order #1 $9,600.00 for a Total Contract Amount of $49,350.00) for the Broderick Park Phase III Consulting Services, with Clinton Brown Company Architecture, PC, Contract #93001448. Funds are available in Account #38404706-445100, and other account(s)to be named at a later date. PASSED AYES 9,NOES 0 • CAUsersUmcinskRAppDataU.ocal\Microsoft\Windows\Temporary Internet Files\ContenLOWlook\OX32QV W6\Change in Contract-Broderick Park Ph 3.docx • • • • * AYE * NO * * * * FEROLET.O * * * * * • FONTANA * * * * FRANCZYK * * * * * * GOLOMBEK .• * * PRIDGEN • * * * * * • RIVERA * * * * SCANLON * * * * * • . • WINGO * • * * * * WYATT * * * * * * [MA.J- 5 ] * * D [2/3 - 6] * * * [3/4 - 7] . • • #1 (Rev. 1/93) 0 0 4 9.1 ' SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 8/25/15 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Cazenovia Pool Roof [: Partial Reconstruction [: South District PRIOR COUNCIL REFERENCE (If Any) {:#1630 of 9/1/15 TEXT: I hereby submit to Your Honorable Body the following change to the above referenced contract. This change order will address unforeseen lead abatement on seventy-seven(77) steel columns to a height of 14'8". The foregoing change results in a net increase in the contract of Eighty Three Thousand Fifty Six Dollars and 34/100 ($83,056.34). Summary: Previous Amount Approved $331,700.00 Amount of this Change Order +$ 89,056.34 Total Approved Amount to Date $420,756.34 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 Account#37321306—445100. -r SJS/RS/PS/jlj RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Pa .<.--.d t'S Teets SIGNATURE OF DEPARTMENT HEAD: Change in Contract—Cazenovia Pool Roof Partial Reconstruction(South) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 25, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $89,056.34 (Original Contract Amount $331,700.00 + Change Order #1 $89,056.34 for a Total Contract Amount of$420,756.34) for the Cazenovia Roof Partial Reconstruction. Funds are available in Account#37321306-445100. PASSED AYES 9,NOES 0 C:\UsersUmcinski\AppData\LocalUvlicrosoli\WindowslTempomry Internet Files\Con[ent.0utlook\OX32QV W6\Change in Connact-Caz Pool roof reconsWcGon.docx • • .* AYE* NO * * * * FEROLET.O * * * FONTANA * * * • * * * FRANCZYK * * * * * * GOLOMBEK. . * * * * * * • PRIDGEN . * * • * * * RIVERA * * ' * • * • SCANLON * * * * * • WINGO * • * * * * WYATT * * * . • * * [MA/- 5 ] * (� * 0 * • [2/3 - 6] * * * [3/4 - 7] . • 043 [S, #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Coca Cola Field [: Seating Replacement [: Job #1327 [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. , CCP) TEXT: I hereby submit to Your Honorable Body the following changes for the Coca Cola Field, Seating Replacement, Patterson Stevens, C#93001386. 1. Deduct for Temporary Heating. Credit $ 28,755.00 The foregoing changes result in a net decrease in the contract of Twenty Eight Thousand Seven Hundred Fifty Five and 00/100 Dollars $28,755.00). Summary: Original Contract Amount $757,376.00 Amount of Previous Change Orders Amount of This Change Order (#1) ($ 28,755.00) Revised Contract Amount $728,621.00 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. • Recommended: � — Rishawn Sonubi, Deputy Commissioner DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Change in Contract—Coca Cola Field Seating Replacement (Fill) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $28,755.00 (Original Contract Amount $757,376.00 - Change Order #1 $28,755.00 for a Total Contract Amount of$728,621.00) for the Coca Cola Field, Seating Replacement, with Patterson Stevens, C#93001386. The changes result in a net decrease in the contract of$28,755.00. PASSED AYES 9,NOES 0 C:\Users\Imcinski\AppData LocailMicrosoft\Windows\Temporary Internet Files\ContentOuttook\OX32QV W6\Change in Contract-Coca Cola Fielddocx • • • • • • • .* AYE * N0 * * * * S FEROLETO * * * * * * FONTANA * * * • * * FRANCZYK * * * * * * •• GOLOMBEK . * * * . * * * • • PRIDGEN • * * * * * * RIVERA • * * * * * • SCANLON * * * * * • S • WINGO • * • * * • * * WYATT * * • • * * ] . * * [MA.J- 5 ] * ( * O * • [2/3 - 6] *• 1 * * [3/4 - 7] . 1 • • O () 4 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 25, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Dudley Library [: Partial Reconstruction [: Job #1408 [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. 2270, CCP 11/12/14) TEXT: I hereby submit to Your Honorable Body the following changes for Dudley Library, Partial Reconstruction, Nichter Construction Inc., C#93001387. 1. Temporary heating costs due to cold weather construction schedule; Credit $ 20,000.00 Original change order, temporary heating was not used credit due. 2. Helifix anchors to secure the existing brick facade to masonry wall; Add $ 5,893.75 Unforeseen condition discovered during construction. 3. Brick at corners of entrance. Additional areas of brick work needed Add $ 9,430.00 To replaced bricks at entrance and near roof line. 4. There was damaged concrete under the tile on the front of the building. Add $ 509.88 Concrete repairs required to install new tiles that are part of the project. 5. Concrete pad replacement. The pad needs to be replaced for safe Add $ 1,466.79 egress from building. The foregoing changes result in a net decrease in the contract of Two Thousand Six Hundred Ninety Nine and 58/100 Dollars ($2,699.58). Summary: Previous Amount Approved $127,459.00 Amount of This Change Order ($ 2,699.58) Revised Contract Amount $124,759.42 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Recommended: Rishawn Sonubi, Deputy Commissioner DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: _ o (,. Change in Contract—Dudley Library Partial Reconstruction(South) (DPW) Mr. Rivera moved: • That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 25, 2016, be received and filed; and • That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $2,699.58 (Original Contract Amount $127,459.00 - Change Order #1 $2,699.58 for a Total Contract Amount of $124,759.42) for the Dudley Library, Partial Reconstruction, with Nichter Construction, Inc., C#93001387. The changes result in a net decrease in the contract of $2,699.58. PASSED AYES 9,NOES 0 • \O C:\Users\1mcinski\AppData\Local\Microsoft\Windows\Temporary Intemet Files\ContenLOutlook\OX32QV W6\Change in Contract-Dudley Library.docx • • • • • .* AYE * NO * * * * . FEROLET.O * * * * * * FONTANA * * * * * * FRANCZYK * * * * * •. GOLOMBEK * * * • * * • PRIDGEN • * * • * * * * RIVERA * * * * • • SCANLON * * • WINGO • * • * * • * * WYATT * * * • * * [ ] . [MAJ- 5] ° 0 • [2/3 6] * * * [3/4 - 7] . • • i . 00432 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Fire and Police Departments [: Quick Action Plans [: Job #1215 [: Various District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. , CCP) TEXT: I hereby submit to Your Honorable Body the following changes for the Fire and Police Departments, Quick Action Plans, Cannon Design, C#93000951. 1. Additional high risk facilities to be mapped for the BFD Quick Action Plans Add $ 84,410.00 (QAPs). The QAPs allow the BFD to collect data and map response plans to safely and effectively fight fire at high risk facilities. This project is part of the City's Crisis Management System; a system used for All-Hazard planning. The foregoing changes result in a net increase in the contract of Eighty Four Thousand Four Hundred Ten and 00/100 Dollars $84,410.00). Summary: Original Contract Amount $545,960.00 Amount of Previous Change Orders $369,103.43 Amount of This Change Order (#3) $ 84,410.00 Revised Contract Amount $999,473.43 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account No. 25200006 434000 10557 (2014 SHSP Grant) Recommended: Rishawn Sonubi, Deputy Commissioner DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: \.\\ Change in Contract—Fire and Police Departments Quick Action Plans (Various) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #3 in the amount of $84,410.00 (Original Contract Amount $545,960.00 —Previous Change Orders $369,103.43 + Change Order #3 $84,410.00 for a Revised Contract Amount of $999,473.43) for the Fire and Police Departments, Quick Action Plans, with Cannon Design, C#93000951. Funds for this work are available in Account#25200006 434000 10557 (2014 SHSP Grant). PASSED AYES 9,NOES 0 C:\UsersUmcinskiWppDat\LocaI\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\OX32QV W6\Change in Contract-Fire and Police quick action plans.docx • ., J • • • .* AYE* NO * * * * S . • . . FEROLET.O * * * • * * * FONTANA * * * . * * . FRANCZYK * * * * * * • GOLOMBEK. . * * * * * * • PRIDGEN * * * RIVERA • * * * * * SCANLON * * * . * * * WINGO * •• * * • * * * WYATT * * * * * * [MAI-- 5 ] * qo[ /3 - 6] * * * . [ 3/4 - 7] . . I I I 1 0 :e D $#1 (Rev. 1/93) COMMUNICATION TO THE COMMON COUNCIL At9 TO: Common Council DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Engineering SUBJECT: [: Encroachment on Public Right of Way [: 387 Forest Avenue [: Handicapped Access Ramp [: Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) [: None Mr.Jonathon Kayser,owner of the property located at of 387 Forest Avenue has requested permission to install a handicap ramp within city right of way at said address. The handicap ramp would be constructed of wood,measure 19' in length,and extend 6' into the city right of way. Approximately 8' of public sidewalk will remain after installation. The City Planning Board approved this ramp at the January 25,2016 meeting The Department of Public Works,Parks and Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps)of the City Charter and recommends that Your Honorable Body approve this item. If approved,the Commissioner will issue a"Mere License"subject to approval as-to-form by Corporation Counsel for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the handicap ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection Services. 3. That the applicant be responsible for maintenance of the handicap ramp as long as it remains within City right of way. 4. That the handicap ramp be constructed so as not to be permanent in nature. 5. That the applicant enter into a hold harmless agreement and provide a certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,maintenance,use and removal of said handicap ramp. SJS:MJF:MGM:111 ti Recommended: Michael J.Finn,P.E.,City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works,Park's&Streets SIGNATURE OF DEPARTMENT HEAD: • Encroachment into City Right-of Way—387 Forest.Avenue—Handicapped Access Ramp (Nia)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets,pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances,to issue a"Mere License"to Mr. Jonathon Kayser, owner of the property located at 387 Forest Avenue, Buffalo,New York,to encroach City right-of-way with a handicap ramp upon the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary; 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 3. That the applicant be responsible for maintenance of the handicap ramp as long as it remains within the City right-of-way; 4. That the handicap ramp be constructed so as not to be permanent in nature; and 5. That the applicant enter into a hold harmless agreement and provide a certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,maintenance, use and removal of said handicap ramp. PASSED AYES 9,NOES 0 C:\UsersUrucinski\AppData\LocaI\Microsoft\Windows\Temporary Intemet Files\ContentOutlook\OX32QV W6\Encroach ROW 387 Forestdocx • • • • • • .* AYE* NO * • * * * FEROLETO * * * FONTANA * • * * FRANCZYK * * * * * * GOLOMBEK . * * * * * • PRIDGEN . * * • * * * * RIVERA * * * * SCANLON * * WINGO • * • * * * WYATT * * * • * * [ ] . * * * • [MAI- 5 ] * * [2/3 - 6] * * * [3/4 - 7.] • • • 0 / j 6 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Engineering SUBJECT: [: Increase in Encumberance [: Watts Architecture and Engineering [: CDBG Streets and Sidewalks [: Term contract YR-40 to Yr-42 [: Contract#H0000235 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item#2277, 11/12/14 I hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract. This increase in encumberance is necessary to continue the services under the term contract for CDBG YR-40 to YR-42 professional services. This increase in encumberance is in accordance with the consultant agreement,and project procurement. This is the second year of the three year term contract. Orginal Approval $200,000.00 Increase in Approval $200,000.00 Adjusted Approval $400,000.00 Funds are available in CDBG Project Account#DJ9B2027-470000, and/or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved,and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works,Parks& Streets to issue said increase in encumberance to Watts Architecture and Engineering. MJF:SJS:SMB:kem Recommended: Michael J.Finn,P.E.,City Engineer TYPE DEPARTMENT HEAD NAME:Steven J. Stepniak - TYPE TITLE: Commissioner of Publi d',�:, °arks&Streets SIGNATURE OF DEPARTMENT HEAD: Increase in Encumbrance—Community Development Block Grant— Streets and Sidewalks, Term Contract YR-40 to YR-42 (DPW) • Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute an increase in encumbrance in the amount of $200,000.00 (Original Approval $200,000.00 + Increase in Approval $200,000.00 for an Adjusted Approval of$400,000.00) for the Community Development Block Grant— Streets and Sidewalks — YR-40 to YR-42 , to Watts Architecture and Engineering, Contract #H0000235. Funds are available in CDBG Project Account#DJ9B2027-470000, and/or another account to be named at a future date. PASSED • AYES 9,NOES 0 I ' • 13 C:\Users\IrucinskiWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Increase in Encumbrance-Watts Arctdlecture.docx • * AYE * NO * * * * • FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * * * PRIDGEN * * RIVERA *• * • * * * * SCANLON * * * * * * • WINGO * * * * . * WYATT * * * * * * , [ 1 . * * * [MAJ- 5 ] * G} *D * [2/3 - 6] [ 3/4 - 7] 0 0 4 '3 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL d TO: THE COMMON COUNCIL DATE: February 23, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Accept Funds, and Enter [: into Agreements with the Niagara Frontier [: Transportation Authority(NFTA) and the [: Niagara International Transportation [: Technology Coalition(NITTEC) [: Niagara Street Traffic Signal Systems [: Fillmore,Ellicott,Niagara and North Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: None Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets(DPW)to accept betterment funds and enter into all necessary agreements with the NFTA and NITTEC for the purchase of traffic signal controllers and cabinets which are to be installed along the Niagara Street corridor between Elmwood Avenue and Ontario Street. All agreements will be subject to approval as-to- form by Corporation Counsel. SJS/MJF/JDB:dab Recommended: evi'fr Title: Michael J. Finn,P.E., Ci ngineer of Public Works,Parks& Streets TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: tom' Permission to Accept Funds and Enter Into Agreements for the Niagara Street Traffic Signal System (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 23, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept grant funds and to enter into all necessary agreements with Empire State Development for the construction, construction inspection and administration of the Genesee Street Streetscape Project and the Pearl Street Two-Way Conversion Project. All agreements will be subject to approval as to form by the Corporation Counsel. PASSED AYES 9,NOES 0 • • • • C1Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Intemet Files\ContentOutlook\OX32QV W6\Permission to Accept funds and Enter Into Agreement-Nia St traffic signal.docx • • • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * • GOLOMBEK * * * * * , PRIDGEN • * * * * * RIVERA * * * * SCANLON * * * * * • WINGO • * • * * • WYATT * * * * * [MAI- 5 ] * -* 3 [2/3 - 6] * * [3/4 - 7] #1 (Rev. 1/93) 0 f)4 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 2/25/16 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Enter into Agreement [: w/New York Power Authority(NYPA) [: for Energy Efficiency Services Program [: and City Hall ASHRAE II Audit PRIOR COUNCIL REFERENCE (If Any) [: TEXT: Permission is hereby requested from Your Honorable Body to authorize the Corporation Counsel to negotiate this agreement and the Commissioner of the Department of Public Works, Parks & Streets to enter into an Energy Efficiency Services Program agreement(s) with the New York Power Authority to provide energy services and/or clean energy technology projects at certain,to be agreed on, City of Buffalo facilities and properties to reduce energy costs and/or to realize significant environmental benefits at the facilities; and to Authorize the Commissioner to enter into a City Installation Commitment Agreement with the New York Power Authority to prepare an ASHRAE Level II Audit of Buffalo City Hall at a total project cost not to exceed $43,000 to be paid in full by NYPA as part of NYPA's Five Cities Energy Master Plan Formula Grant commitment to the City. I hereby request that Your Honorable Body authorize the Commissioner of Public Works to execute the Agreement and related documentation and agreements as shall be required or useful. SJS/RS/j lj RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, P. reets SIGNATURE OF DEPARTMENT HEAD: T r 1i Permission to Enter Into an Agreement with New York Power Authority for Energy Efficiency Services Program and City Hall ASHRAE II Audit(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 25, 2016, be received and filed; and That the Common Council hereby authorizes the Corporation Counsel to negotiate the agreement and the Commissioner of the Department of Public Works, Parks and Streets to enter into an Energy Efficiency Services Program agreement(s)with the New York Power Authority ("NYPA")to provide energy services and/or clean energy technology projects at certain,to be agreed on, City of Buffalo facilities and properties to reduce the energy costs and/or to realize significant environmental benefits at the facilities; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a City Installation Commitment Agreement with the New York Power Authority to prepare an ASHRAE Level II Audit of Buffalo City Hall at a total project cost not to exceed$43,000.00 to be paid in full by NYPA as part of NYPA's Five Cities Energy Master Plan Formula Grant commitment to the City, and that the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute the agreement and related documentation and agreements as shall be required or useful. PASSED AYES 9,NOES 0 C:\UsersVrucinskiWppDataV.ocal\Microsoft\Windows\Temporary Internet Files\Content.Omlook\OX32QV W6\Permission to Enter Into an Agreement-NYPA.docx II V; • • • • • .* AYE * NO * * * * FEROLET.O . * * * FONTANA * * * * * * FRANCZYK. * * * * * * • GOLOMBEK . * * * . * * * • PRIDGEN * * * * * * • RIVERA * * • SCANLON * * • • WINGO • * • * * WYATT • * * * • • * * [MAJ- 5 ] • [2/3 - 6] [3/4 - 7] • • • #1 (Rev. 1/93) 0 0 4 '.a SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 2/25/16 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Enter into Non-Disclosure Agreement [: w/National Grid [: for Downtown District Energy Feasibility Study Information Access PRIOR COUNCIL REFERENCE (If Any) [: TEXT: Permission is hereby requested from Your Honorable Body to authorize the Commissioner of the Department of Public Works, Parks & Streets to enter into a Corporation Counsel negotiated Non-Disclosure Agreement with National Grid required to secure confidential and sensitive utility infrastructure information necessary for the completion of the City's Downtown District Energy Feasibility Study for the area bound by the waterfront, Porter Avenue,Niagara Street, Virginia Avenue, Goodell and Michigan Avenue. The agreement terms include a limitation of liability for both the City and National Grid to the other party for direct damages not to exceed $1 million. The limitation does not apply to any losses, damages or claims arising out of a Party's gross negligence or intentional misconduct. I hereby request that Your Honorable Body authorize the Commissioner of Public Works to execute the Agreement and related documentation and agreements as shall be required or useful. IL.5 SJS/RS/jlj RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Pa - AM- tree SIGNATURE OF DEPARTMENT HEAD: Permission to Enter Into Non-Disclosure Agreement with National Grid for Downtown District Energy Feasibility Study Information Access (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 25, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a Corporation Counsel negotiated Non-Disclosure Agreement, and related documentation and agreements as shall be required or useful, with National Grid, required to secure confidential and sensitive utility infrastructure information necessary for the completion of the City's Downtown District Energy Feasibility Study for the area bounded by the waterfront, Porter Avenue,Niagara Street,Virginia Avenue, Goodell and Michigan Avenue. PASSED AYES 9,NOES 0 • `9 C:\UsersVrucinskiWppData\Local\MicrosoR\Windows\Temporary Internet Flies\ContenLOutlook\OX32QV W6\Pemdssion to Enter Into an Agreement-Nat Griddocx • * AYE * NO * * * * FEROLETO * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * • * • PRIDGEN • * * * * * * RIVERA * * - * * * SCANLON * * * * * * WINGO * • * * * * WYATT * * * * * * [MAJ- 5 ] * * G [2/3 - 6 * ] [3/4 - 7] . 004 3 `i #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL zo TO: THE COMMON COUNCIL DATE: February 25, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation SUBJECT: [: Permission to Enter Revised [: Project Partnership Agreement with [: United States Army Corps [: of Engineers for LaSalle Park [: Sea Wall Section 103 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item of October 13, 2015 Permission is hereby requested for the City of Buffalo to enter into revised Project Partnership Agreement (PPA)with the United States Army Corps of Engineers for LaSalle Park Sewall Section 103. Total cost of project as per PPA is $4,137,000. The Federal share is 65%, or$2,707,050, and the city's Non- Federal Share is 35%, or $1,433,950.Non-Federal funds for this work will be available as authorized in 2016 bond sale and other account(s)to be named at a later date. Authorization is hereby requested from Your Honorable Body for the City to enter into the attached PPA subject only to such clarifications and modifications as may be recommended Corporation Counsel in finalizing the PPA. Thank you for your consideration. • / Recommended By: Andrew Rabb, Dep. Commissioner of Parks and Rec: TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: .y Cc: Andrew R. Rabb, Deputy Commissioner Michael Finn, P.E. City Engineer Division of Audit and Control i ^ PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF BUFFALO,NEW YORK FOR DESIGN AND CONSTRUCTION OF THE LASALLE PARK,BUFFALO,ERIE COUNTY,NEW YORK SECTION 103 HURRICANE AND STORM DAMAGE REDUCTION PROJECT THIS AGREEMENT is entered into this day of ,2016,by and between the Department of the Army (hereinafter the "Government"),represented by the Assistant Secretary of the Army(Civil Works) and the City of Buffalo,New York(hereinafter the"Non-Federal Sponsor"),represented by the Mayor. WITNESSETH,THAT: WHEREAS, design and construction of the LaSalle Park,Buffalo,Erie County,New York Section 103 Hurricane and Storm Damage Reduction Project(hereinafter the "Project", as defined in Article I.A. of this Agreement)at the City of Buffalo, Erie County,New York was approved by the Chief,Planning and Policy, Great Lakes and Ohio River Division on March 7, 2014,pursuant to the authority contained in Section 3 of Public Law 79-727, as amended(33 U.S.C. 426g;hereinafter"Section 103"); WHEREAS, the Secretary of the Army is authorized by Section 103 to expend from any appropriations made available to the Secretary for the purpose of carrying out civil works not more than$30,000,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protection projects;provided that not more than$5,000,000 shall be expended for a project; WHEREAS,the Government and the Non-Federal Sponsor desire to enter into a Project Partnership Agreement(hereinafter the"Agreement")for design and construction of the Project; WHEREAS, Section 103 of the Water Resources Development Act of 1986,Public Law 99-662,as amended(33 U.S.C.2213)specifies the cost-sharing requirements applicable to the Project; WHEREAS, Section 221 of the Flood Control Act of 1970,Public Law 91-611,as amended (42 U.S.C. 1962d-5b), and Section 103(j)of the Water Resources Development Act of 1986,Public • Law 99-662,as amended(33 U.S.C.2213(j)),provide, inter alia,that the Secretary of the Army shall not commence construction of any water resources project,or separable element thereof,until each non-Federal interest has entered into a written agreement to furnish its required cooperation for the project or separable element; 41 WHEREAS,the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement;and WHEREAS,the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non- Federal Sponsor, and facilitate the successful implementation of the Project. NOW, THEREFORE,the Government and the Non-Federal Sponsor agree as follows: ARTICLE I -DEFINITIONS A. The term"Project"shall mean stabilization and rehabilitation of 1,355 feet,from Station 34+10 to Station 47+65, of the existing concrete seawall along LaSalle Park,as generally described in the Detailed Project Report and Environmental Assessment for LaSalle Park, City of Buffalo, Erie County,New York, Section 103 Hurricane and Storm Damage Reduction Project,dated March 4,2014, and approved by the Chief,Planning and Policy,Great Lakes and Ohio River Division on March 7,2014. B. The term"total project costs"shall mean the sum of all costs incurred by the Non- Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to design and construction of the Project and the design costs of the Project incurred by the Government prior to the effective date of this Agreement. Subject to the provisions of this Agreement,the term shall include,but is not necessarily limited to:the Government's design costs; the Government's costs of preparation of environmental compliance documentation in accordance with Article II.A.2. of this Agreement;the Government's engineering and design costs during construction;the Non-Federal Sponsor's and the Government's costs of investigations to identify the existence and extent of hazardous substances in accordance with Article XIIII.A.of this Agreement;the Government's costs of historic preservation activities in accordance with Article XVI of this Agreement;the Government's actual construction costs;the Government's supervision and administration costs;the Government's costs of contract dispute settlements or awards; and the value of lands,easements,rights-of-way,relocations,and improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material for which the Government affords credit in accordance with Article IV of this Agreement or for which reimbursement by the Government is required pursuant to Article II.C.3. of this Agreement;and the Non-Federal Sponsor's. The term does not include any costs for operation,maintenance,repair, rehabilitation, or replacement of the Project; any costs of betterments under Article 11.1.2. of this Agreement;any costs of dispute resolution under Article VI of this Agreement;the Government's costs for data recovery activities associated with historic preservation in accordance with Article XVI of this Agreement; or the Non-Federal Sponsor's costs of negotiating this Agreement. 113( C. The term"period of design and construction"shall mean the time from the effective date of this Agreement to the date that construction of the Project is complete,as determined by the Government,or the date that this Agreement is terminated in accordance with Article XIII or Article XIV.C. of this Agreement,whichever is earlier. D. The term"financial obligations for design and construction"shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total project costs except for obligations pertaining to the provision of lands,easements,and rights- of-way,the performance of relocations,and the construction of improvements required on lands, easements,and rights-of-way to enable the disposal of dredged or excavated material. E. The term"non-Federal proportionate share"shall mean the ratio of the Non-Federal Sponsor's total contribution of funds required by Article ILC.2.and Article II.D.2. of this Agreement to financial obligations for design and construction,as projected by the Government. F. The term"highway"shall mean any highway,roadway, street,or way,including any bridge thereof,that is owned by a public entity. G. The term"relocation"shall mean providing a functionally equivalent facility to the owner of a utility, cemetery,highway,railroad,or public facility when such action is authorized in accordance with applicable legal principles of just compensation. Providing a functionally equivalent facility may take the form of alteration,lowering,raising,or replacement and attendant demolition of the affected facility or part thereof. H. The term`functional portion of the Project"shall mean a portion of the Project for which construction has been completed and that can function independently, as determined by the U.S. Army Engineer, Buffalo District(hereinafter the"District Engineer") in writing, although the remainder of the Project is not complete. I. The term"betterment"shall mean a difference in the design or construction of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the design or construction of that element. The term does not include any design or construction for features not included in the Project as defined in paragraph A. of this Article. J. The term"Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army,plus any non-Federal contribution required as a matching share therefor. K. The term"Section 103 Project Limit" shall mean the $5,000,000 statutory limitation on the Government's financial participation in the planning, design, and construction of the Project as specified in. Section 3 of Public Law 79-727, as amended (33 U.S.C. 426g). L. The term"Section 103 Annual Program Limit" shall mean the statutory limitation on the Government's annual expenditures for planning, design, and construction of all projects implemented pursuant to Section 3 of Public Law 79-727, as amended(33 U.S.C. 426g). As of the effective date of this Agreement, such limitation is $30,000,000. M. The term"fiscal year"shall mean one year beginning on October 1 and ending on September 30. ARTICLE II- OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States(hereinafter the"Congress")and using those funds and funds provided by the Non-Federal Sponsor, expeditiously shall design and construct the Project,applying those procedures usually applied to Federal projects,in accordance with Federal laws,regulations, and policies. 1. The Government shall develop and coordinate as required, an Environmental Assessment and Finding of No Significant Impact or an Environmental Impact Statement and Record of Decision, as necessary,to inform the public regarding the environmental impacts of the Project in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321- 4347;hereinafter"NEPA"). However, the Government shall not issue the solicitation for the first construction contract for the Project or commence construction of the Project using the Government's own forces until all applicable environmental laws and regulations have been complied with, including,but not limited to NEPA and. Section 401 of the Federal Water Pollution Control Act(33 U.S.C. 1341). 2. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts,including relevant plans and specifications,prior to the Government's issuance of such solicitations. To the extent possible,the Government shall afford the Non-Federal Sponsor the opportunity to review and commenton all proposed contract modifications, including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification,the Government shall provide such notification in writing at the earliest date possible. To the extent possible,the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts or commencement of design or construction using the Government's own forces, execution of contract modifications,resolution of contract claims,and performance of all work on the Project shall be exclusively within the control of the Government. 3. At the time the District Engineer furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project,the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. B. The Non-Federal Sponsor shall contribute 35 percent of total project costs assigned by the Government to hurricane and storm damage reduction in accordance with the provisions of this paragraph. 1. In accordance with Article III of this Agreement,the Non-Federal Sponsor shall provide all lands,easements,and rights-of-way,including those required for relocations,the borrowing of material,and the disposal of dredged or excavated material, shall perform or ensure performance of all relocations,and shall construct improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material that the Government determines to be required or to be necessary for construction,operation,and maintenance of the Project. 2. The Non-Federal Sponsor shall provide funds in accordance with Article V.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's required share of total project costs if the Government projects at any time that the collective value of the following contributions will be less than such required share: (a)the value of the Non-Federal Sponsor's contributions under paragraph C.1. of this Article as determined in accordance with Article IV of this Agreement;and(b)the value of the Non-Federal Sponsor's contributions under Article XIII.A. of this Agreement. 3. The Government, subject to the availability of funds and as limited by the Section 103 Project Limit and the Section 103 Annual Program Limit,shall refund or reimburse to the Non- Federal Sponsor any contributions in excess of the Non-Federal Sponsor's required share of total project costs if the Government determines at any time that the collective value of the following contributions has exceeded such required share of total project costs:(a)the value of the Non- Federal Sponsor's contributions under paragraph C.1. of this Article as determined in accordance with Article IV of this Agreement;(b)the value of the Non-Federal Sponsor's contributions under paragraph C.2. of this Article;and(c)the value of the Non-Federal Sponsor's contributions under Article XIII.A. of this Agreement. After such a determination,the Government,in its sole discretion,may acquire any remaining lands,easements,and rights-of-way required for the Project, perform any remaining relocations necessary for the Project, or construct any remaining improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material required for the Project on behalf of the Non-Federal Sponsor. Notwithstanding the acquisition of lands, easements, and rights-of-way,performance of relocations, or construction of improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material by the Government under this paragraph,the Non- Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIII.C. of this Agreement. • C. Notwithstanding any other provision of this Agreement,Federal financial participation in the Project is limited by the following provisions of this paragraph. 1. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVI of this Agreement that the Government projects to be incurred through the then-current or upcoming fiscal year,as applicable,the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XIL.B. of this Agreement. 2. In accordance with Section 3 of Public Law 79-727, as amended(33 U.S.C. 426g),the Government's total financial obligations for planning, design, and construction of the Project(except for costs incurred on behalf of the Non-Federal Sponsor in accordance with paragraph I. of this Article)shall not exceed the Section 103 Project Limit. Notwithstanding any other provision of this Agreement, the Non-Federal Sponsor shall be responsible for all costs in excess of this limit and shall pay any such costs in accordance with Article V.B. of this Agreement. 3. If the Government determines that the total amount of Federal funds provided by Congress for all projects implemented pursuant to Section 103 has reached the Section 103 Annual Program Limit,and the Government projects that the Federal funds the Government will make available to the Project within the Section 103 Annual Program Limit will not be sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVI of this Agreement,the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project within the Section 103 Annual Program Limit, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XII.B. of this Agreement. D. When the District Engineer determines that the entire Project,or a functional portion of the Project, is complete,the District Engineer shall so notify the Non-Federal Sponsor in writing and furnish the Non-Federal Sponsor with a final Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") or, if the final OMRR&R Manual is not available, an interim OMRR&R Manual for the entire Project or such completed portion. Upon such notification,the Government also shall furnish to the Non- Federal Sponsor a copy of all final as-built drawings for the entire Project or such completed portion if such drawings are available. Not later than 6 months after such notification by the Government that the entire Project is complete,the Government shall furnish the Non-Federal Sponsor with the final OMRR&R Manual and all final as-built drawings for the entire Project. In the event the final OMRR&R Manual or all final as-built drawings for the entire Project cannot be completed within the 6 month period,the Government shall provide written notice to the Non-Federal Sponsor, and the Government and the Non-Federal Sponsor shall negotiate an acceptable completion date for furnishing such documents. Further, after completion of all contracts for the Project, copies of all of the Government's Written Notices of Acceptance of Completed Work for all contracts for the Project that have not been provided previously shall be provided to the Non-Federal Sponsor. E. Upon notification from the District Engineer in accordance with paragraph E. of this Article,the Non-Federal Sponsor shall operate,maintain, repair,rehabilitate, and replace the entire Project, or the functional portion of the Project as the case may be, in accordance with Article VII of this Agreement. F. Upon conclusion of the period of design and construction,the Government shall conduct an accounting,in accordance with Article V.C. of this Agreement,and furnish the results to the Non-Federal Sponsor. G. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the funds verifies in writing that such funds are authorized to carry out the Project. H. The Non-Federal Sponsor may request the Government to perform or provide, on behalf of the Non-Federal Sponsor, one or more of the services(hereinafter the"additional work") described in this paragraph. Such requests shall be in writing and shall describe the additional work requested to beperformed or provided. If in its sole discretion the Government elects to perform or provide the requestedadditional work or any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement,this Agreement shall control. The Non-Federal Sponsor shall be solely responsible for all costs of the additional work performed or provided by the Government under this paragraph and shall pay all such costs in accordance with Article V.D. of this Agreement. 1. Acquisition of lands, easements, and rights-of-way;performance of relocations; or construction of improvements required on lands,easements, and rights-of-way to enable the disposal of dredged or excavated material for the Project. Notwithstanding acquisition of lands, easements, and rights-of-way,performance of relocations, or construction of improvements by the Government,the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor,for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. 2. Inclusion of betterments in the design or construction of the Project. In the event the Government elects to include any such betterments,the Goverment shall allocate the costs of the Project features that include betterments between total project costs and the costs of the betterments. 1. Not less than once each year the Non-Federal Sponsor shall inform affected interests of the extent of protection afforded by the Project. J. The Non-Federal Sponsor agrees to participate in and comply with applicable Federal floodplain management and flood insurance programs. K. The Non-Federal Sponsor shall comply with Section 402 of the Water Resources Development Act of 1986, as amended(33 U.S.C. 701b-12),which requires a non- Federal interest to prepare a floodplain management plan within one year after the date of signing this Agreement, and to implement such plan not later than one year after completion of construction of the Project. The plan shall be designed to reduce the impacts of future flood events in the project area, including but not limited to, addressing those measures to be undertaken by non-Federal interests to preserve the level of flood protection provided by the Project. The Non-Federal Sponsor shall provide an information copy of the plan to the Government upon its preparation. L. The Non-Federal Sponsor shall publicize floodplain information in the area concerned and shall provide this information to zoning and other regulatory agencies for their use in adopting regulations,or taking other actions,to prevent unwise future development and to ensure compatibility with protection levels provided by the Project. M. The Non-Federal Sponsor shall prevent obstructions or encroachments on the Project (including prescribing and enforcing regulations to prevent such obstructions or encroachments) such as any new developments on Project lands,easements,and rights-of-way or the addition of facilities which might reduce the level of protection the Project affords,hinder operation and maintenance of the Project, or interfere with the Project's proper function. N. For so long as the Project remains authorized,the Non-Federal Sponsor shall ensure conditions of public ownership and public use of the shores upon which the amount of Federal participation is based. O. In addition to the ongoing,regular discussion of the parties in the delivery of the Project,the Government and the Non-Federal Sponsor may establish a Project Coordination Team to discuss significant issues or actions. The Government's costs for participation on the Project Coordination Team shall not be included in the design and construction costs that are cost shared but shall be included in calculating the Federal participation Limit. The Non-Federal Sponsor's costs for participation on the Project Coordination Team shall not be included in the design and construction costs that are cost shared and shall be paid solely by the Non-Federal Sponsor without reimbursement or credit by the Government. ARTICLE III - LANDS,EASEMENTS,RIGHTS-OF-WAY, RELOCATIONS,DISPOSAL AREA IMPROVEMENTS, AND COMPLIANCE WITH PUBLIC LAW 91-646,AS AMENDED A. The Government,after consultation with the Non-Federal Sponsor,shall determine the lands,easements,and rights-of-way required for construction,operation,and maintenance of the Project,including those required for relocations,the borrowing of material,and the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate,of the lands,easements, and rights-of-way that the Government determines the Non-Federal Sponsor must provide, in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph,and shall provide the Non-Federal Sponsor with a written notice to proceed with acquisition of such lands, easements,and rights-of-way. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall acquire all lands,easements,and rights-of-way the Government determines the Non-Federal Sponsor must provide for that work and shall provide the Government with authorization for entry thereto. Furthermore,prior to the end of the period of design and construction, the Non-Federal Sponsor shall acquire all lands,easements,and rights-of-way required for construction,operation, and maintenance of the Project, as set forth in such descriptions, and shall provide the Government with authorization for entry thereto. The Non-Federal Sponsor shall ensure that lands,easements, and rights-of-way that the Government determines to be required for the Project and that were provided by the Non-Federal Sponsor are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non-Federal Sponsor,shall determine the relocations necessary for construction,operation,and maintenance of the Project, including those necessary to enable the borrowing of material or the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions,including maps as appropriate,of such relocations in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph,and shall provide the Non- Federal Sponsor with a written notice to proceed with such relocations. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of,all relocations the Government determines to be necessary for that work. Furthermore,prior to the end of the period of design and construction,the Non-Federal Sponsor shall perform or ensure performance of all relocations as set forth in such descriptions. C. The Government,after consultation with the Non-Federal Sponsor,shall determine the improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material associated with construction,operation,and maintenance of the Project. Such improvements may include,but are not necessarily limited to,retaining dikes,wasteweirs, bulkheads,embankments,monitoring features,stilling basins,and de-watering pumps and pipes. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate,of such improvements in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph,and shall provide the Non- Federal Sponsor with a written notice to proceed with construction of such improvements. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall prepare plans and specifications for all improvements the Government determines to be required for the disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications. Furthermore,prior to the end of the period of design and construction,the Non-Federal Sponsor shall provide all improvements set forth in such descriptions. c` D. The Non-Federal Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,Public Law 91-646,as amended(42 U.S.C.4601-4655),and the Uniform Regulations contained in 49 C.F.R.Part 24,in acquiring lands,easements,and rights-of-way required for construction,operation,and maintenance of the Project,including those required for relocations,the borrowing of material,or the disposal of dredged or excavated material,and shall inform all affected persons of applicable benefits,policies, and procedures in connection with said Act. ARTICLE IV- CREDIT FOR VALUE OF LANDS,EASEMENTS,RIGHTS-OF-WAY, RELOCATIONS,AND DISPOSAL AREA IMPROVEMENTS A. The Government shall include in total project costs and afford credit toward the Non- Federal Sponsor's share of total project costs for the value of the lands,easements,and rights-of- way that the Non-Federal Sponsor must provide pursuant to Article IILA. of this Agreement;for the value of the relocations that the Non-Federal Sponsor must perform or for which it must ensure performance pursuant to Article III.B.of this Agreement; and for the value of the improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material that the Non-Federal Sponsor must provide pursuant to Article IILC. of this Agreement. However,no amount shall be included in total project costs,no credit shall be afforded,and no reimbursement shall be provided for the value of any lands,easements,rights-of-way,relocations, or improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material that have been provided previously as an item of cooperation for another Federal project. In addition,no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of lands,easements,rights-of-way, relocations,or improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material that were acquired or performed using Federal program funds unless the Federal agency providing the Federal portion of such funds verifies in writing that affording credit for the value of such items is authorized. B. The Non-Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any contribution provided pursuant to Article III.A.,Article III.B., or,Article III.C.of this Agreement. Upon receipt of such documents,the Government in a timely manner shall determine the value of such contributions for the purpose of including such value in total project costs and for determining the amount of credit to be afforded or reimbursement to be provided in accordance with the provisions of this Agreement. C. For the purposes of determining the value to be included in total project costs and the amount of credit to be afforded or reimbursement to be provided in accordance with this Agreement and except as otherwise provided in paragraph G.of this Article,the value of lands,easements,and rights-of-way, including those required for relocations,the borrowing of material,and the disposal of dredged or excavated material, shall be the fair market value of the real property interests,plus certain incidental costs of acquiring those interests,as determined in accordance with the provisions of this paragraph. 1. Date of Valuation. The fair market value of lands,easements,or rights-of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be the fair market value of such real property interests as of the date the Non-Federal Sponsor provides the Government with authorization for entry thereto. The fair market value of lands,easements,or rights-of-way acquired by the Non-Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. 2. General Valuation Procedure. Except as provided in paragraph C.3.or paragraph C.5.of this Article,the fair market value of lands,easements,or rights-of-way shall be determined in accordance with the provisions of this paragraph. a. The Non-Federal Sponsor shall obtain,for each real property interest,an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide the Government with the appraisal no later than 6 months after the Non-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation,as specified by the Government. The fair market value shall be the amount set forth in the Non-Federal Sponsor's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's appraisal,the Non-Federal Sponsor may obtain a second appraisal,and the fair market value shall be the amount set forth in the Non-Federal Sponsor's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's second appraisal,the Non-Federal Sponsor chooses not to obtain a second appraisal,or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph,the Government shall obtain an appraisal,and the fair market value shall be the amount set forth in the Government's appraisal,if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government's appraisal,the Government,after consultation with the Non-Federal Sponsor, shall consider the Government's and the Non-Federal Sponsor's appraisals and determine an amount based thereon,which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article,the Government,at the request of the Non-Federal Sponsor,shall consider all factors relevant to determining fair market value and, in its sole discretion,after consultation with the Non- Federal Sponsor,may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a.of this Article,but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount,the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor,but no less than the amount determined pursuant to paragraph C.2.a. of this Article. 3. Eminent Domain Valuation Procedure. For lands,easements,or rights-of-way acquired by eminent domain proceedings instituted after the effective date of this Agreement,the Non-Federal Sponsor,prior to instituting such proceedings,shall submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real qlb property interests to be acquired in such proceedings. The Government shall have 60 calendar days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing. a. If the Government previously has approved the appraisal in writing,or if the Government provides written approval of,or takes no action on,the appraisal within such 60 day period,the Non-Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval,within such 60 day period,the Government and the Non- Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of disagreement that are identified in the Government's written disapproval. If,after such good faith consultation, the Government and the Non-Federal Sponsor agree as to an appropriate amount,then the Non- Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If,after such good faith consultation,the Government and the Non-Federal Sponsor cannot agree as to an appropriate amount,then the Non-Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. c. For lands,easements,or rights-of-way acquired by eminent domain proceedings instituted in accordance with paragraph C.3.of this Article,fair market value shall be either the amount of the court award for the real property interests taken,to the extent the Government determined such interests are required for construction,operation,and maintenance of the Project,or the amount of any stipulated settlement or portion thereof that the Government approves in writing. 4. Incidental Costs. For lands,easements,or rights-of-way acquired by the Non- Federal Sponsor within a five year period preceding the effective date of this Agreement,or at any time after the effective date of this Agreement,the value of the interest shall include the documented incidental costs of acquiring the interest,as determined by the Government,subject to an audit in accordance with Article IX.C. of this Agreement to determine reasonableness, allocability,and allowability of such costs. In the event the Government modifies its determination made pursuant to Article III.A. of this Agreement,the Government shall afford credit for the documented incidental costs associated with preparing to acquire the lands, easements, or rights-of-way identified in the original determination, subject to an audit in accordance with Article IX.C. of this Agreement to determine reasonableness, allocability,and allowability of such costs. Such incidental costs shall include,but not necessarily be limited to, closing and title costs, appraisal costs, survey costs, attorney's fees,plat maps,mapping costs,actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article III.D. of this Agreement, and other payments by the Non-Federal Sponsor for items that are generally recognized as compensable, andrequired to be paid,by applicable state law due to the acquisition of a real property interest in accordance with Article III of this Agreement. The value of the interests provided by the Non-Federal Sponsor in accordance with Article III.A. of this Agreement also shall include the documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as determined by the Government,and subject to an audit in accordance with Article IX.C. of this Agreement to determine reasonableness, allocability,and allowability of such costs. 5. Waiver of Appraisal. Except as required by paragraph C.3. of this Article,the Government may waive the requirement for an appraisal pursuant to this paragraph if it determines that an appraisal is unnecessary because the valuation is uncomplicated and that the estimated fair market value of the real property interest is $10,000 or less based upon a review of available data. In such event, the Government and the Non-Federal Sponsor must agree in writing to the value of such real property interest in an amount not in excess of$10,000. D. After consultation with the Non-Federal Sponsor,the Government shall determine the value of relocations in accordance with the provisions of this paragraph. 1. For a relocation other than a highway,the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility,reduced by depreciation,as applicable,and by the salvage value of any removed items. 2. For a relocation of a highway,the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of New York would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. 3. Relocation costs shall include,but not necessarily be limited to,actual costs of performing the relocation;planning,engineering and design costs;supervision and administration costs; and documented incidental costs associated with performance of the relocation,as determined by the Government. Relocation costs shall not include any costs due to betterments,as determined by the Government,nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. E. The value of the improvements required on lands, easements,and rights-of-way to enable the disposal of dredged or excavated material shall be the costs of the improvements,as determined by the Government,subject to an audit in accordance with Article X.C.of this Agreement to determine reasonableness,allocability, and allowability of such costs. Such costs shall include,but not necessarily be limited to,actual costs of providing the improvements; planning,engineering and design costs; supervision and administration costs; and documented incidental costs associated with providing the improvements,but shall not include any costs due to betterments,as determined by the Government. F. Any credit afforded or reimbursement provided under the terms of this Agreement for the value of relocations, or improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material,performed within the Project boundaries is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction,including,but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising,codifying and enacting without substantive change the provisions of the Davis-Bacon Act(formerly 40 U.S.C. 276a et seq.),the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.), and the Copeland Anti-Kickback Act(formerly 40 U.S.C. 276c)). Notwithstanding any other provision of this Agreement, credit or reimbursement may be withheld, in whole or in part,as a result of the Non-Federal Sponsor's failure to comply with its obligations under these laws. G. Where the Government,on behalf of the Non-Federal Sponsor pursuant to Article II.I.1. of this Agreement,acquires lands,easements,or rights-of-way,performs relocations, or constructs improvements required on lands,easements,or rights-of-way to enable the disposal of dredged or excavated material,the value to be included in total project costs and the amount of credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall be the costs of such work performed or provided by the Government that are paid by the Non- Federal Sponsor in accordance with Article V.D. of this Agreement. In addition,the value to be included in total project costs and the amount of such credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall include the documented costs incurred by the Non-Federal Sponsor in accordance with the terms and conditions agreed upon in writing pursuant to Article II.I.1. of this Agreement subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness,allocability,and allowability of such costs. ARTICLE V-METHOD OF PAYMENT A. In accordance with the provisions of this paragraph,the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs, financial obligations, contributions provided by the parties,the value included in total project costs for lands,easements,rights-of-way,relocations, and improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement. 1. As of the effective date of this Agreement,total project costs are projected to be$4,137,000;the value of the Non-Federal Sponsor's contributions under Article XIII.A. of this Agreement is projected to be$0;the Non-Federal Sponsor's contribution of funds required by Article II.C.2. of this Agreement is projected to be $1,433,950;the Non-Federal Sponsor's contribution of funds required by Article II.D.2. of this Agreement is projected to be$0;the non- Federal proportionate share is projected to be 35 percent;the value included in total project costs for lands, easements,rights-of-way,relocations,and improvements required on lands, easements,and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement is projected to be $14,000; and the Government's total financial obligations for the additional work to be incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.I. of this Agreement are projected to be $0. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By July 1, 2015 and by each quarterly anniversary thereof until the conclusion of the period of design and construction and resolution of all relevant claims and appeals and D( eminent domain proceedings,the Government shall provide the Non-Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total project costs; the value of the Non-Federal Sponsor's contributions under Article XIII.A. of this Agreement;the Non-Federal Sponsor's total contribution of funds required by Article II.C.2. of this Agreement;the Non-Federal Sponsor's contribution of funds required by Article II.D.2. of this Agreement;the non-Federal proportionate share;the value included in total project costs for lands, easements,rights-of-way,relocations, and improvements required on lands,easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement; and the Government's total financial obligations for additional work incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.I. of this Agreement. B. The Non-Federal Sponsor shall provide the contributions of funds required by Article II.C.2.and Article II.D.2. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for design of the Project or commencement of design of the Project using the Government's own forces,the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet its projected share under Article II.C.2. and Article II.D.2. of this Agreement. Not later than such scheduled date,the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to"FAO, USAED, Buffalo"to the District Engineer, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government,with interest accruing to the Non-Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. The Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary to cover: (a)the non-Federal proportionate share of financial obligations for design and construction incurred prior to the commencement of the period of design and construction; and(b)the non-Federal proportionate share of financial obligations for design and construction as financial obligations for design and construction as those financial obligations are incurred. If at any time the Government determines that additional funds will be needed from the Non-Federal Sponsor to cover the Non- Federal Sponsor's share of such financial obligations,the Government shall notify the Non- Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice,the Non- Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion of the period of design and construction and resolution of all relevant claims and appeals and eminent domain proceedings,the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting from being conducted in a timely manner,the Government shall conduct an Q6I\ interim accounting and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved,the Government shall amend the interim accounting to complete the final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable,shall determine total project costs and the costs of any data recovery activities associated with historic preservation. In addition, for each set of costs,the interim or final accounting, as applicable,shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non- Federal Sponsor's total required shares of total project costs exceed the Non-Federal Sponsor's total contributions provided thereto,the Non-Federal Sponsor,no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to"FAO,USAED,Buffalo"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for total project costs exceed the Non- Federal Sponsor's total required shares thereof, the Government, subject to the availability of funds and as limited by the Section 103 Project Limit and the Section 103 Annual Program Limit, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non-Federal Sponsor,the Government shall seek such appropriations as are necessary to make the refund or reimbursement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article II.I. of this Agreement for additional work in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for the first financial obligation for additional work,the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of the additional work. No later than 30 calendar days prior to the Government incurring any financial obligation for additional work,the Non-Federal Sponsor shall provide the Government with the full amount of the funds required to cover thecosts of such additional work through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. If at any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for such additional work,the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice,the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable,the Government shall conduct an accounting of the Government's financial obligations incurred for additional work and furnish the Non-Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting of such financial obligations for additional work from being conducted in a timely manner,the Government shall conduct an interim accounting of such financial obligations for additional work and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved,the Government shall amend the interim accounting of such financial obligations for additional work to complete the final accounting of such financial obligations for additional work and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for additional work and the Non- Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting,as applicable, show that the Government's total financial obligations for additional work exceed the total contribution of funds provided by the Non-Federal Sponsor for such additional work,the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to"FAO,USAED,Buffalo"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. • b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for additional work exceeds the Government's total financial obligations for such additional work,the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non- Federal Sponsor,the Government shall seek such appropriations as are necessary to make the refund. ARTICLE VI -DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement,that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation,they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VII - OPERATION,MAINTENANCE,REPAIR,REHABILITATION, AND REPLACEMENT(OMRR&R) A. Upon receipt of the notification from the District Engineer in accordance with Article II.E. of this Agreement and for so long as the Project remains authorized,the Non-Federal Sponsor, pursuant to Article II.F. of this Agreement, shall operate,maintain,repair,rehabilitate,and replace the entire Project or finctional portion of the Project,at no cost to the Government. The Non- Federal Sponsor shall conduct its operation,maintenance, repair, rehabilitation, and replacement responsibilities in a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws as provided in Article X of this Agreement and specific directions prescribed by the Government in the interim or final OMRR&R Manual and any subsequent amendments thereto. B. The Non-Federal Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor now or hereafter owns or controls for access to the Project for the purpose of inspection and,if necessary,for the purpose of completing,operating,maintaining,repairing,rehabilitating,or replacing the Project. If an inspection shows that the Non-Federal Sponsor for any reason is failing to perform its obligations under this Agreement,the Government shall send a written notice describing the non-performance to the Non-Federal Sponsor. If,after 30 calendar days from receipt of such written notice by the Government,the Non-Federal Sponsor continues to fail to perform,then the Government shall have the right to enter,at reasonable times and in a reasonable manner,upon property that the Non- Federal Sponsor now or hereafter owns or controls for the purpose of completing,operating, maintaining,repairing,rehabilitating,or replacing the Project. No completion,operation, maintenance,repair,rehabilitation,or replacement by the Government shall relieve the Non-Federal Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this Agreement,or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE VIII—HOLD AND SAVE The Non-Federal Sponsor shall hold and save the Government free from all damages arising from design, construction, operation,maintenance,repair,rehabilitation,and replacement of the Project and any betterments,except for damages due to the fault or negligence of the Government or its contractors. ARTICLE IX-MAINTENANCE OF RECORDS AND AUDIT 1 A. The parties shall develop procedures for the maintenance by the Non-Federal Sponsor of books, records, documents, or other evidence pertaining to costs and expenses,for a minimum of three years after the final accounting. The Non-Federal Sponsor shall assure that such materials are reasonably available for examination, audit, or reproduction by the Government. B. The Government may conduct, or arrange for the conduct of, audits of the Project. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government's costs of audits shall not be included in total project costs, but shall be included incalculating the Federal Participation Limit. C. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non-Federal Sponsor to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the request of the Non- Federal Sponsor, provide to the Non-Federal Sponsor or independent auditors any such information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of non-Federal audits shall be paid solely by the Non-Federal Sponsor without reimbursement or credit by the Government. ARTICLE X -FEDERAL LAWS In carrying out its obligations under this Agreement, the Non-Federal Sponsor shall comply with all requirements of applicable Federal laws and implementing regulations, including,but not limited to: Title VI of the Civil Rights Act of 1964, as amended(42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto;the Age Discrimination Act of 1975 (42 U.S.C. 6102);the Rehabilitation Act of 1973, as amended(29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto; and 40 U.S.C. 3141-3148.and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis-Bacon Act,the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act). ARTICLE XI -RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement,the Government and the Non-Federal Sponsor each act in an independent capacity,and neither is to be considered the officer,agent,or employee of the other. B. In the exercise of its rights and obligations under this Agreement,neither party shall provide, without the consent of the other party,any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. p\\ ARTICLE XII-TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement,the Assistant Secretary of the Army(Civil Works)shall terminate this Agreement or suspend future performance under this Agreement unless he or she determines thatcontinuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event future performance under this Agreement is suspended pursuant to Article ILD. of this Agreement, such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVI of this Agreement the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. In the event that the Government and the Non-Federal Sponsor determine to suspend future performance under this Agreement in accordance with Article XIII.C. of this Agreement, such suspension shall remain in effect until the Government and the Non-Federal Sponsor agree to proceed or to terminate this Agreement. In the event that the Government suspends future performance under this Agreement in accordance with Article XIII.C. of this Agreement due to failure to reach agreement with the Non-Federal Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non-Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under Article XIII.C. of this Agreement, such suspension shall remain in effect until: 1)the Government and Non-Federal Sponsor reach agreement on how to proceed or to terminate this Agreement;2)the Non-Federal Sponsor provides funds necessary to pay for cleanup and response costs and otherwise discharges its responsibilities under Article XIII.C. of this Agreement; 3)the Government continues work on the Project; or 4)the Government terminates this Agreement in accordance with the provisions of Article XIII.C. of this Agreement. D. If after completion of the design portion of the Project the parties mutually agree in writing not to proceed with construction of the Project,the parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article V.C. of this Agreement. E. In the event that this Agreement is terminated pursuant to this Article or Article XV.C. of this Agreement,both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article V.C. of this Agreement. To provide for this eventuality,the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.C.2. and Article II.D.2., of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. Q1)) F. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article II.C. or Article XIII.C. of this Agreement shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a rate,to be determined by the Secretary of the Treasury,equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent,or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XIII-HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the District Engineer,the Non- Federal Sponsor shall perform,or ensure performance of,any investigations for hazardous substances that the Government or the Non-Federal Sponsor determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation,and Liability Act(42 U.S.C. 9601-9675;hereinafter "CERCLA"),that may exist in,on,or under lands,easements,and rights-of-way that the Government determines,pursuant to Article III of this Agreement,to be required for construction, operation,and maintenance of the Project. However,for lands,easements,and rights-of-way that the Government determines to be subject to the navigation servitude,only the Government shall perform such investigations unless the District Engineer provides the Non-Federal Sponsor with prior specific written direction, in which case the Non-Federal Sponsor shall perform such investigations in accordance with such written direction. 1. All actual costs incurred by the Non-Federal Sponsor for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement,subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness,allocability,and allowability of such costs. 2. All actual costs incurred by the Government for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement. B. In the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in,on,or under any lands, easements,or rights-of-way that the Government determines,pursuant to Article III of this Agreement,to be required for construction,operation,and maintenance of the Project,the Non- Federal Sponsor and the Government,in addition to providing any other notice required by applicable law,shall provide prompt written notice to each other,and the Non-Federal Sponsor shall not proceed with the acquisition of the real property interests until the parties agree that the Non- Federal Sponsor should proceed. C. The Government and the Non-Federal Sponsor shall determine whether to initiate construction of the Project, or, if already in construction,whether to continue with construction of the Project, suspend future performance under this Agreement,or terminate this Agreement for the 5\1) convenience of the Government,in any case where hazardous substances regulated under CERCLA are found to exist in,on,or under any lands,easements,or rights-of-way that the Government determines,pursuant to Article III of this Agreement,to be required for construction,operation,and maintenance of the Project. Should the Government and the Non-Federal Sponsor determine to initiate or continue with construction of the Project after considering any liability that may arise under CERCLA,the Non-Federal Sponsor shall be responsible,as between the Government and the Non-Federal Sponsor,for the costs of cleanup and response,including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs. In the event the Non-Federal Sponsor does not reach agreement with the Government on whether to proceed or to terminate this Agreement under this paragraph,or fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under this paragraph upon direction by the Government,the Government,in its sole discretion,may either terminate this Agreement for the convenience of the Government,suspend future performance under this Agreement,or continue work on the Project. D. The Non-Federal Sponsor and the Government shall consult with each other in accordance with Article II.O. of this Agreement in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to paragraph C.of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsor,the Non-Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable,the Non-Federal Sponsor shall operate,maintain,repair,rehabilitate,and replace the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XIV-NOTICES A. Any notice,request,demand,or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class,registered,or certified mail, as follows: If to the Non-Federal Sponsor: Commissioner of Public Works City Hall—Room 502 65 Niagara Street Buffalo,NY 14202 If to the Government: District Engineer Buffalo District 1776 Niagara Street Buffalo,NY 14209 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice,request,demand,or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XV- CONFIDENTIALITY To the extent permitted by the laws governing each party,the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XVI-HISTORIC PRESERVATION A. The Government, as it determines necessary for the Project, shall perform any identification, survey, or evaluation of historic properties. Any costs incurred by the Government for such work shall be included in total project costs and shared in accordance with the provisions of this Agreement except for costs of data recovery activities associated with historic preservation which shall be done entirely by the Government;however, for costs allocable to beach improvements with exclusive private benefits, such costs are entirely the responsibility of the Non-Federal sponsor. B. If, during its performance of relocations or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material in accordance with Article III of this Agreement,the Non-Federal Sponsor discovers historic properties or other cultural resources that have not been evaluated by the Government pursuant to this Article,the Non-Federal Sponsor shall provide prompt written notice to the Government of such discovery. The Non-Federal Sponsor shall not proceed with performance of the relocation or construction of the improvement that is related to such discovery until the Government provides written notice to the Non-Federal Sponsor that it should proceed with such work. ARTICLE XVII -THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended,nor may be construed,to create any rights, confer any benefits,or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which shall become effective upon the date it is signed by the Assistant Secretary of the Army(Civil Works). DEPARTMENT OF THE ARMY CITY OF BUFFALO,NEW YORK BY: BY: Jo-Ellen Darcy Byron W. Brown Assistant Secretary of the Army Mayor (Civil Works) DATE: DATE: CERTIFICA 1'h OF AUTHORITY I,David Rodriguez,do hereby certify that I am the principal legal officer of the City of Buffalo,New York,that the City of Buffalo,New York is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Buffalo,New York in connection with the LaSalle Park,Buffalo New York Hurricane and Storm Damage Reduction Project,and to pay damages,if necessary,in the event of the failure to perform in accordance with the terms of this Agreement,as required by Section 221 of the Flood Control Act of 1970,Public Law 91-611,as amended(42 U.S.C. 1962d-5b),and that the person who has executed this Agreement on behalf of the City of Buffalo,New York, have acted within their statutory authority. IN WITNESS WHEREOF,I have made and executed this certification this day of 2016. David Rodriguez Corporation Counsel CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. 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. Byron W. Brown Mayor City of Buffalo,New York DATE: Permission to Enter Revised Project Partnership Agreement with the United States Army Corps of Engineers for LaSalle Park Seawall Section 103 (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 25, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a revised Project Partnership Agreement("PPA"), subject only to such clarifications and modifications as may be recommended by the Corporation Counsel in finalizing the PPA, with the United States Army Corps of Engineers for LaSalle Park Seawall Section 103. The total cost for the project as per the PPA is $4,137,000.00. The federal share is 65% (or$2,707,050.00), and the City's Non-Federal Share is 35% (or$1,433,950.00). Non-Federal funds for this work will be available as authorized in the 2016 bond sale and other account(s)to be named at a later date. PASSED AYES 9,NOES 0 • • C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\OX32QV W6\Permission to Enter into an Agreement-LaSalle Park Seawall Section 103.docx • • • • * AYE* NO * * * * • FEROLET.O * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * •. GOLOMBEK . * * * * • . PRIDGEN . * * * * * RIVERA * * • * * • SCANLON * * * * * * . WINGO ' * • * * * * WYATT * * • * * * * [MA.J- 5 ] 0. [2/3 - 6] *• * [3/4 - 7.] • • 04.99 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 10, 2016 \ FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: E. Delavan Branch Library [: ADA Project [: Job #1609 [: Lovejoy District PRIOR COUNCIL REFERENCE: (If Any) [: Item No. , CCP TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural/engineering services for to develop the scope of work for the all handicap accessibility requirements, prepare an order of magnitude estimate for each requirement, develop a phased capital program, and design the phase 1 construction requirements at E. Delavan Branch Library The cost for consulting services is estimated not to exceed $120,000.00. Funds are available in an account being created by the Budget Office specifically for this project; funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget. SJS/RTS/DDC/ddc RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings DEPARTMENT HEAD: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks, an• ,gets"". Signature of Department Head: cc: Comptroller J. Jacobs, Buildings Permission to Hire Consultant—E. Delavan Branch Library ADA Project(Lov)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 10, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services to develop the scope of work for all handicap accessibility requirements, prepare an order of magnitude estimate for each requirement, develop a phased capital program, and design the phase 1 construction requirements for the E. Delavan Brank Library ADA Project. The cost for consulting services is estimated not to exceed $120,000. Funds are being transferred from the Planning Account approved in the FY- 15-16 O&M Budget, and will be available in an account being created by the Budget Office specifically for this project. PASSED AYES 9,NOES 0 • C:\UsersUmcinso\AppData\LocaI\ficrosoft\Windovs\Temporary Internet Files\Content.Oudook\OX32QVW61Femussion to Hue Consultant-E Delavan Branch library.docx I , w 0 I fi . 1 . . • • • a * AYE.*.. NO * * * * . FEROLETO • * * * a * * * FONTANA * * * . * * * . i FRANCZYK * * . * * * * GOLOMBEK . * * * * * * PRIDGEN . * * * RIVERA * * . * * SCANLON * * * • . • WINGO - * � * * • * . * WYATT * * * • * * [MAJ— 5] * � . [2/3 — 6] * I * * [3/4 — 7] . • s . 0 41 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24, 2016 01) FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Engine 22 [: Partial Reconstruction [: Job #1606 [: Fillmore District PRIOR COUNCIL REFERENCE: (If Any) [: Item No. , CCP TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural/engineering services for to develop the scope of work for the partial reconstruction at Engine 22. The project scope shall include health & safety, exterior enclosures, major electrical, and gender friendly privacy upgrades The cost for consulting services is estimated not to exceed $80,000.00. Funds are available in an account being created by the Budget Office specifically for this project; funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations. SJS/RTS/DDC/ddc RECOMMENDED ----4-1 ------ Rishawn T. Sonubi 1 Deputy Commissioner of Buildings DEPARTMENT HEAD: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks, an reels- -- Signature of Department Head: --"1,..--- ,,,,",,,,,------ ,,,,--- -- ,,FN ,-- ..+/"/ T „.--- cc: am cc: Comptroller J. Jacobs, Buildings i \(\ Permission to Hire Consultant—Engine 22 Partial Reconstruction(Fill)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services to develop the scope of work for the partial reconstruction at Engine 22. The project scope shall include health and safety, exterior enclosures, major electrical, and gender friendly privacy upgrades. The cost for consulting services is estimated not to exceed$80,000. Funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations, and will be available in an account being created by the Budget Office specifically for this project. PASSED AYES 9,NOES 0 \'`).1 C:\Users\Imcinski\AppData\LocalUticrosoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Permission to Hire Consultant-Eng 22.docx • i . V • • • - .* AYE*.. NO * * FEROLETO * * * * • * FONTANA * * * . • * * * . FRANCZYK * * . * * * * GOLOMBEK. . * * * * * . • PRIDGEN RIVERA * * * • SCANLON * * * • , * * * • . • WINGO - * • * * . . WYATT * * * ' . . • * * * * * * [MAJ- 5 ] * Q.-* u• • [2/3 - 6] . * * * • [3/4 - 7.] • 1 I 1 . 1 . 1 i 0 0 4 .Y /A #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL • TO: THE COMMON COUNCIL DATE: February 24, 2016 FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Engine 28 [: Partial Reconstruction [: Job #1607 [: Lovejoy District PRIOR COUNCIL REFERENCE: (If Any) [: Item No. , CCP TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural/engineering services for to develop the scope of work for the partial reconstruction at Engine 28. The project scope shall include health & safety, 'exterior enclosures, major electrical, and gender friendly privacy upgrades The cost for consulting services is estimated not to exceed $80,000.00. Funds are available in an account being created by the Budget Office specifically for this project;funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations. SJS/RTS/DDC/ddc RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings DEPARTMENT HEAD: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks, and.Streets` r ' Signature of Department Head: cc: Comptroller J. Jacobs, Buildings Permission to Hire Consultant—Engine 28 Partial Reconstruction(Lov)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services to develop the scope of work for the partial reconstruction at Engine 28. The project scope shall include health and safety, exterior enclosures, major electrical, and gender friendly privacy upgrades. The cost for consulting services is estimated not to exceed$80,000. Funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations, and will be available in an account being created by the Budget Office specifically for this project. • PASSED AYES 9,NOES 0 • •• C:\Users\lrucinski\AppDataV.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Femdssion to Hire Consultant-Eng 28.docx z e \c ;,ss _ • .* AYE*. NO * * * * . FEROLETO * * * • * * . * • . FONTANA * * * * * * . • . FRANCZYK * * . * * * * GOLOMBEIK . * * * . * * • . PRIDGEN * * * . * * * . RIVERA • *• * ' * • * * * • SCANLON * * * . • • . • WINGO * . * * • * * * WYATT * * •� * * * * [ ] . * ;I: [MAJ— 5] * * D. 2/3 - * . • * * [ 6] [3/4 — 7] i i 1 is . 1 • 004 2. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24, 2016 FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Engine 35 [: Partial Reconstruction [: Job #1605 [: Fillmore District PRIOR COUNCIL REFERENCE: (If Any) [: Item No. , CCP TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural/engineering services for to develop the scope of work for the partial reconstruction at Engine 35. The project scope shall include health & safety, exterior enclosures, major electrical, and gender friendly privacy upgrades The cost for consulting services is estimated not to exceed $80,000.00. Funds are available in an account being created by the Budget Office specifically for this project; funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations. SJS/RTS/DDC/ddc RECOMMENDEDRishawn T. Sonubi Deputy Commissioner of Buildings DEPARTMENT HEAD: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks, an Teets" Signature of Department Head: • cc: Comptroller J. Jacobs, Buildings ( V • \\ Permission to Hire Consultant—Engine 35 Partial Reconstruction(Fill)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and • That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services to develop the scope of work for the partial reconstruction at Engine 35. The project scope shall include health and safety, exterior enclosures, major electrical, and gender friendly privacy upgrades. The cost for consulting services is estimated not to exceed $80,000. Funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations, and will be available in an account being created by the Budget Office specifically for this project. PASSED AYES 9,NOES 0 • q�\ C:\UsersUmcinskiWppDala\LocaI\Microsoft\Windows\Temporary Internet Files\Content.Outiook\OX32QV W6\permission to Hire Consultant-Eng 35,docx • • y * AYE*.. NO * * * * . FEROLET.O * * * * * * • FONTANA * * * * * -* - FRANCZYK * * * * * * GOLOMBEK. . * * * . * * * • PRIDGEN * * * . RIVERA * * * . * * * • - SCANLON * * * : . * * WINGO - * • * * ' • * * * WYATT * * * . • * * [ ] . * * [MA.J- 5.] * �i' ,-;--70. * . [2/3 - 6] [3/4 - 7] . • . . • . 1 10.0 L #1 (Rev. 1/93) SINGLE PAGE COMMUNIGA HON TO THE COMMON COUNCIL `\ TO: THE COMMON COUNCIL DATE: February 24, 2016 FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Engine 37 [: New Roof [: Job #1608 [: Niagara District PRIOR COUNCIL REFERENCE: (If Any) [: Item No. , CCP TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural/engineering services for to develop the scope of work for the new roof at Engine 37. The cost for consulting services is estimated not to exceed $65,000.00. Funds are available in an account being created by the Budget Office specifically for this project; funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations. SJS/RTS/DDC/ddc RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings DEPARTMENT HEAD: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks, arids#reefs Signature of Department Head: cc: Comptroller J. Jacobs, Buildings ^n\L� Permission to Hire Consultant—Engine 37 New Roof(Nia)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services to develop the scope of work for the new roof at Engine 37. The cost for consulting services is estimated not to exceed $65,000. Funds are being transferred from the Planning Account approved in the FY15-16 O&M Budget against the 2016 A&UI ($1,259,046) for various fire stations, and will be available in an account being created by the Budget Office specifically for this project. PASSED AYES 9, NOES 0 • • C:\UsersVmcinski\AppDataV.ocal\Microsoft\Windows\Temporary Internet Files\Content.0utlook\OX32QV Wfi\Pemtission to Hire Consultant-Eng 37.docx • 1 `\ . E .* AYE*.. NO * * * * . FEROLETO • * * * . * * * FONTANA * * * * • FRANCZYK * * . * GOLOMBEK. . * * * . • * * . . PRIDGEN * * • * * * * RIVERA - * * •" * . * * * • . SCANLON * * • * • * * * WINGO ' - * •� * * • WYATT * * * • . • s - , • * * * LL ] * * • * [MAJ- 5 ] * `� [2/3 - 6] . * . * * [3/4 - 7] . . #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 25, 2016 0 0 4 , ,5 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Permission to Hire [: For Management of Parkways, Medians, [: Circles & Triangles Services between [: City of Buffalo.and [: Gardenville Landscape & Nursery, Inc. [: and Buffalo Civic Auto Ramps, Inc. PRIOR COUNCIL REFERENCE: (IF ANY) [: Request for the proposals were sent out for the Management of Parkways, Medians, Circles and Triangles on February 1, 2016 and were received on February 19, 2016 and reviewed as per DPW protocol. RFP was structured in a way to allow for multiple contracts and documents and the department is recommending multiple awards as follows. Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire: (1) Gardenville Landscape & Nursery, Inc. for the Outer Harbor Group (2) Buffalo Civic Auto Ramps for the University, West, East and South Alternate Groups. The cost for the Outer Harbor Group is not to exceed $160,490.00. The cost for the Alternate Groups is not to exceed $92,000.00. Funds for this project are available in account#14160006-434000 plus an account(s) to be named at a later date. SJS/ARR/RH RECOMMENDED BY Andrew R. Rabb Deputy Commissioner of Parks TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of PO* <orks, Parks and Streets SIGNATURE OF DEPARTMENT HEAD: 727 �.3 \SMI Permission to Hire for Management for Parkways, Medians, Circles and Triangles Services between the City of Buffalo and Gardenville Landscape &Nursery, Inc. and Buffalo Civic Auto . Ramps, Inc. (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 25, 2016, be received and filed; and • That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Gardenville Landscape &Nursery, Inc. for the Outer Harbor Group and Buffalo Civic Auto Rams for the University, West, East and South Alternate Groups for the management of parkways,medians, circles and triangles services in the City of Buffalo. The cost for the Outer Harbor Group is not to exceed$160,490.00. The cost for the Alternate Groups is not to exceed $92,000.00. Funds for this project are available in Account#14160006-434000, and an account(s)to be named at a later date. PASSED AYES 9,NOES 0 171) C:\UsersUmcinski\AppDala\Local\Microsoft\Windows\Temporary Internet Files\ContenlOutlook\OX32QV W6\Fermission to hire for parkways etc.docx 3. { * AYE * NO * * * * . • FEROLETO * * ** * * . FONTANA * * * • FRANCZYK * * * * * GOLOMBE . . * * * * * * PRIDGEN • * * * . RIVERA *. * . * * * * SCANLON * * * * * * WINGO •� * •• * * . * * . * WYATT * * * . I * * * [ ] . * [MAT- 5] . * *D * . • . [2/3 - 6] * * * [3/4 - 7] . ' . i . ! i • ! 4 j I 1 ' 00 , 5 �\� #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 23, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Water SUBJECT: [Permission to Increase Construction Contract [J.W. Danforth Company [Rehab No. 4 Pump and Motor at Mass Station [Contract# 93001111 PRIOR COUNCIL REFERENCE: I hereby submit to your Honorable Body the following change for this contract. J.W. Danforth Company is the construction contractor for Rehabilitation No. 4 Pump and Motor at Massachusetts Ave. Pump Station. The additional work required for the rehabilitation of the pumps and motors includes additional costs for replacement and rehabilitation of MCC (Motor Control Center)relays and breakers components,transformer rehabilitation, and additional electrical work and other improvements to related systems. Contract Amount: $ 1,127,330.00 This Change Order: $ 18,985.00 Total: $ 1,146,315.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for$18,985.00. The funds are available in Division of Water account 53230796 445100, an account(s)to be named at a later date. PJM: kjh Recommended: 9'°� /i yank Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parks & Street SIGNATURE OF DEPARTMENT HEAD: Permission to Increase Construction Contract—J. W. Danforth Co. Rehab No. 4 Pump and Motor at Mass. Station(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated February 23, 2016 be received and filed; and • That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $68,800.00 (Original Contract Amount $168,250.00 + Change Order $68,800.00 for a Revised Contract Amount of$237,050.00) for the Fluoride System and Chlorine Scrubber Improvement Project, to CDM Smith, Contract #93001379. The funds are available in Capital Account(s) #53230796 445100, and an account(s)to be named at a later date. PASSED AYES 9,NOES 0 • C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Fermission to increase contract-Danforth.docx • .* AYE*. NO * * * . •• • FEROLET.O * * * • * * • FONTANA * * * * * * - . FRANCZYK * * . * . * * * - GOLOMBE . . * * * * * • . PRIDGEN * * * * * * . RIVERA * * • * • * * * SCANLON * * * * * * W INGO � * • * * • . * .* . WYATT * * * . • * * * [ ] * * * [3/4 - 7 1 . - • t . #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Engineering SUBJECT: [: Reduction in Retention [: City-Wide Mill&Overlay 2015 [: Destro&Brothers Concrete Co. [: Contract#93001559 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item#929,05/12/15 I hereby submit to Your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 2.5%,and respectfully request that Your Honorable Body approve this request. The retention reduction is in consideration for the fact that the contractor has substantial completed the City-wide Mill&Overlay project in accordance with the specifications,and the consultant in charge has recommended acceptace of this work. The remaining retention will be released after completion of limited paving,punch list items,recommendation by the consultant in the Spring of 2016,and fmal acceptance by this Department. The reduction represents work already completed,and accepted by this Department. SJS:MJF:SMB:kem Recommended: Vjavi niZov"i/ Title: Michael J.F. ,P.E.,City Engineer of Public Works,Parks&Streets TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Publ.. Vtirks,Parks&Streets SIGNATURE OF DEPARTMENT HEAD: "PP" � J \>rY Permission for Reduction in Retention—City-Wide Mill and Overlay 2015 (DPW) Mr. Rivera moved: That the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated February 24 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention from 5%to 2.5%in Contract #93001559, Destro& Brothers Concrete Co. for the City-Wide Mill & Overlay 2015. PASSED AYES 9,NOES 0 • C:\Users Irucinski A Data Local Microsoft Windows Tem ora Internet Files Content.Outlook OX32QVW6 Reduction of Retention-citywide mill and overlay.docx � \ PP \ \ \ \ P N \ \ \ Y Y• I Y • • • • • • . * AYE *. NO * * * * FEROLET.O * * * * * * FONTANA * * * • ' *• * FRANCZYK. * * . * * * * • GOLOMBEK. * * * * * * • PRIDGEN * * * * * RIVERA • * * * • SCANLON * * * • * WINGO * ' * * • . * ' .* WYATT * * * • • * • [ I . [MA.J- 5] * �'l *u• • . [2/3 - 6] * * * [3/4 - 7] . • • • 1 • • 004 _ki a $#1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: February 24,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Parks SUBJECT: [: Report of Bids [: LaSalle Park Skate Park Phase II [: DPW Group 838 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 fmal 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 Alt 1 Alt 2 Alt 3 Pinto Construction Services,Inc $338,857.00 $5,887.00 $600.00 $420.00 1 Babcock Street Buffalo,NY 14210 Milherst Construction,Inc. $343,950.00 $7,800.00 $ 1,400.00 $950.00 PO Box 631 Getzville,NY 14068 Savarino Companies,LLC $523,400.00 $13,000.00 $2,000.00 $1,000.00 500 Seneca Street,Suite 508 Buffalo,NY, 14204 Alt 1 - Removal of existing asphalt&restore lawn Alt 2 - Adjust existing Armourstone Boulders Alt 3 - Decorative Boulders The attached is certified to be a true and correct statement of the bid received. I hereby certify that the low bidder for the above project is Pinto Construction Services,Inc. I respectfully recommend a contract award in the amount$380,340.40 ($338,857.00-Base Bid+$5,887.00—Alt 1 +$600.00—Alt 2 + $420.00—Alt 3 + $34,576.40-10%unit price increase =$380,340.40—Total Contract Amount) . Funds for this contract are available in 38403026-445100,38404706-445100,and/or an account(s)to be named at a later date. The engineer's estimate for this work is$287,000.00 SJS:ARR:SMB:RMM Recommended: Andrew R.Rabb,Parks Commissioner TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak� TYPE TITLE: Commissioner of'' • orks,Parks&Streets SIGNATURE OF DEPARTMENT HEAD: ,G STATEMENT OF COMPLIANCEI ' TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM §96-13 (G)(1)Apprenticeship Training Program Pursuant to New York State Labor Law 816-b,the City of Buffalo hereby requires all contractor and I subcontractors entering into any construction contracts with the City of Buffalo,to have established ' apprenticeship agreements appropriate for the type and scope of work to be performed under the contract,that has been approved by the NYS Commissioner of Labor. Construction contracts shall mean any contract,which involves construction, reconstruction,improvement,rehabilitation,installation, alteration, renovation,demolition,or otherwise providing for any building,facility,or physical structure of any kind with a value in excess of$100,000. ItAny contractor, prior to entering into a construction contract with the City of Buffalo,or any subcontractor entering into a construction contract with a contractor who has a construction contract II with the City of Buffalo, is required to have in place at the time of bid a NYS Department of Labor apprenticeship training program either internally to the contractor or subcontractor and/or through an organization servicing several contractors or subcontractors,appropriate for the type and scope of work to be performed. il Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract i with a contractor who has a construction contract with the City of Buffalo, is required to ensure that the Iworkforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as required by City ordinances. All bidders shall,with their bid,submit a statement committing to providing apprenticeship training opportunities to workers,as well as details of workforce diversification recruiting programs directed at I attracting candidates to fill positions to meet such requirements. Any bid received without this statement may be deemed as non-responsive and rejected. II, Violation of any provision of this ordinance may constitute cause,grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo,in accordance with the city, i county,and state laws,rules and regulations governing the termination of such contractual agreements. G i Pinto Construction will comply with the requirements of Article 107, I (Company Name) Laws and Ordinances for the City of Buffalo,including the Apprenticeship Training Program Ordinance Iby contacting and informing local organized labor organizations with which we have agreements that we are signatory to: 1)Of the requirements of the Ordinance on the project,and 2)Staffing the project I with the members of organized labor and apprentices supplied,and 3) In conjunction with our own , specialty trained personnel,who are also members of organized labor. 0..„,1/4„,,, I **See attached D� Annette M. Grandinetti Corporate Secretary I ATP-1 I ft4-tetch- -16 • Report of Bids—LaSalle Park Skate Park Phase II (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 24, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the LaSalle Park Skate Park Phase II, with Pinto Construction Services, Inc., with a total contract amount of$380,340.40 (Base Bid #338,857.00 + Alt. 1 $5,887.00 + Alt. 2 $600.00 + Alt. 3 $420.00 + 10% unit price increase $34,576.40 for a Total Contract Amount of$380,340.40). Funds for this contract are available in Accounts #38403026-445100, 38404706-445100, and/or an account(s) to be named at a later date. PASSED AYES 9,NOES 0 • • C:\UsersUrucinski\AppDauU.ocal\Microsoft\Windows\Temporary Internet Files\Content.0utlook\OX32QV W6Vieport of Bids-LaSalle Skate Park Ph 2.docx } • .* AYE*:NO * FEROLETO * * * * * FONTANA * * * . * * * FRANCZYK * * * . * * * GOLOMBEK . * * * . * * PRIDGEN , * * • * * * * .• RIVERA * * . * * * * SCANLON * * * * * • WIN'GO * • * * •* * WYATT • * * * • . ' * * * • [ I . * * * [ .(O• MAT— 5] * C * � '* * . n [3/4 — 7] . • 1 • . . 004 ' 8 POSITION ALLOCATION MAINTENANCE FORM .-Min A Title, Chief Pumping Plant�i NioiUJ '� i \e- Department/Division e- Department/Division Public Works,Parks&Streets,Division of Water Start Date OlIa` I Original PR No. 2014-231 Title Code No. 4521 6'ic-) i Salary $50,755(Step 5) Budget Function No. 53003711-411001 Reason for appointment(check one) N Status Change El Reinstatement ❑ Replacement ❑ Extension Type of Status Change(check one) ❑ From Temporary to Provisional El From Temporary to Permanent El From Provisional to Permanent El From Contingent Permanent to Permanent El Other Type of Appointment: Classification tl Permanent ❑ Exempt ❑ Contingent Permanent Z Competitive Provisional Ill Non-Competitive FEB2216 11:58 1eSBCSii ❑ Temporary ❑ Seasonal REFERRED TO THE COMMITTEE Comments: ON CIVIL SERVICE. Employee Information Name Kathleen Kumro SS# XXX-XX-1473 . Address 14 Sibley St. DOB City Buffalo State New York Zip Code 14220 l;f1/h. ignature of Appointing Authority /// Date \.. it5 (A-/c.9-b—/se nature of Director of Budget Date e,,,,z c_iciu,‘,2,„ , ///z,- dA''''' Signatu of Adm.Dtrectorie",s vil Service Date ;. Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy I/\ When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget 004. ii9 POSITION'ALLOCATION MAINTENANCE FORM �},/ 1� Title Sr.1st Class Stationary Engineer Department/Division Public Works,Parks&Streets,Division of Buildings Start Date ;4 I I I Original PR No. 2013-178 Title Code No. 8320 Salary $43,250(Step 17), Budget Function No. 13296001-411001 Reason for appointment(check one) E Status Change El Reinstatement ❑ Replacement ❑ Extension Type of Status Change(check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent Y, El From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Type of Appointment: Classification 21 Permanent ❑ E• xempt ❑ Contingent Permanent IZ Competitive U. Provisional ❑ N• on-Competitive LI Temporary ❑ Seasonal REFERRED OMMI Comments: CIVIL SERVICE FEB22'16 11.5? 58sBCSR Employee Information: Name Lonnie Angel. SS# XXX-XX-3356 Address 314 Bissell Ave. DOB City Buffalo State New York Zip Code __ 14211 ./.„. „A...., 07-Af A Signature of Appointing Authority Date //,.11-e4...a-t” 6 fc-,t-,.._.t.. ,t/g__p--ky ignature of Director of Budget Date 4 ,7„,),,,/, i ...) " d/k..,/,/, 4ignatu of dm.6irectoigr' ivil Service Date Send original copy signed by Dept. Head to Budget Send or a-mail.Civil Service a copy When approvedcopy is returned,send a copy to Audit along with file maintenance form,City Clerk,and Budget I 004. 50 POSITION ALLOCATION MAINTENANCE FORMVW)/ \) Title Superintendent Street Sanitation Department/Division Public Works,Parks&Streets,Division of Streets Start Date a a f [ 1 ((, Original PR No. 2012-1616Vi i'. Title Code No, 5021 Salary $46,984(Step 4) Budget Function No. 52002601-411001 Reason for appointment(check one) El Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change(check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Type of Appointment: Classification El Permanent ❑ Exempt ❑ Contingent Permanent Z Competitive Ei Provisional ❑ Non-Competitive H Temporry Seasonal REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Comments: FEB22'16 11:58 61sRCSA Employee Information: Name Michael Krupp SS# XXX-XX-0695 Address 253 Boll St. DOB City Sloan State I New York Zip Code 14212 ///, Signature of Appointing Authority Date FS---(Tcyt -A—. /7-2/ S nature of Director of Budget Date irgn4r, vilSrvice Date Send original copy signed by Dept.Head to Budget # Send or e-mail Civil Service a copy When approved copy is returned,send a copy to Audit along with file maintenance form, City Clerk and Budget } f #4(Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo,I transmit this certification of appointment(s)or promotion(s).I further certify that the person(s)named in Schedule"A"have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: (';'1'( -6\ 1 4 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary): Starting Salary of $ 37,826 (Step 2) LAST JOB TITLE Truck Driver NAME Timothy Driscoll LAST DEPARTMENT DPW DATE 2/16 ADDRESS 203 Eden St. LAST SALARY $37,447 CITY&ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX-XX-8154 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 5020 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-159 SALARY RANGE OF POSITION $24,828 -$41,380 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: . NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2/18/16 SIGNATURE OF APPOINTING AUTHORITY: �1 1-1 -i ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) /i #4 Re - ' (1^ ( v 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,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: 012-51 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 37,826 (Step 2) LAST JOB TITLE Truck Driver NAME Joseph Fiorella LAST DEPARTMENT DPW DATE 2/16 ADDRESS 393 Porter Ave. LAST SALARY $37,447 CITY&ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX-XX-0695 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 5020 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-133 SALARY RANGE OF POSITION $24,828 -$41,380 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: . • NAME OF APPOINTING AUTHORITY: z; Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2/18/16 SIGNATURE OF APPOINTING AUTHORITY: - 1eP ORIGINAL+2 IES 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) 0 0 4 5 2. POSITION ALLOCATION MAINTENANCE FORM Title Supervisor Street Sanitation I Department/Division Public Works,Parks&Streets,Division of Streets Start Date & '3 I 1 �; Original PR No. 2013-059 0, ) Title Code No. 5020 Salary $40,194 (Step 4) Budget Function No. 15030001-411001 Reason for appointment(check one) E Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change(check one) ❑ From.Temporary to Provisional ❑ From Temporary to Permanent • From Provisional to Permanent ❑ From Contingent Permanent to Permanent • Other Type of Appointment: Classification J, Permanent E-.1] Exempt 1 Contingent Permanent 121 Competitive Provisional ❑ Non-Competitive n: 11:58 L] Temporary FEB2c 6 �� ❑ seasonal REFERRED TO THE COMMITTEE € Comments: •N CIVIL SERVICE. 1 Employee Information: I Name Ronald Hayden SS# XXX-XX-5637 Address 131 Como Ave. DOB City Buffalo State New York Zip Code 14220 //‘//// Signature of Appointing Authorty Date '-' .."-- 1,-(c-6_,__,A,....., A71) ,2---/c, Signature of Director of Budget Date l ,_ 6 ignatur of 4) ,i/ rector . 'i*- it Service Date Send original.copy signed by Dept.Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form(City Clerk and Budget j i 1 Copy \ #4(Rev 7-07) y Certificate of Appointment 1� In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo,I transmit this certification of appointment(s)or promotion(s).I further certify that the person(s)named in Schedule"A"have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 01 9 1 16 in the Department of Public Works, Parks &Streets Division of Engineering to the Position of Supervisor of Waterway& Bridge Maintenance Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM • (Enter Starting Salary) : Starting Salary of $ 47,606 (Step 5) LAST JOB TITLE Super. of Waterway & Bridge Maintance NAME Daniel Maloney LAST DEPARTMENT DPW DATE 1/16 ADDRESS 368 Whitfield LAST SALARY $42,577 CITY&ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX-XX-4083 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 13113001 TITLE CODE NO - 6002 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013-090 SALARY RANGE OF POSITION $40,911 -$47,606 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Employee possesses experience commensurate to top increment. • NAME OF APPOINTING AUTHORITY: #7,',';• Steven J. Stepniak ` TITLE OF APPOINTING.AUTHORITY: Commissioner DATE: 1125/16 SIGNATURE OF APPOINTING AUTHORITY: °/�I.. • ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-(COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET • #6-DEPARTMENT #7 DIVISION #8 EMPLOYEE(S) 1 FROM THE COMMISSIONER OF FIRE March 1,2016 lebli , SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 2/29/16 FROM: DEPARTMENT: 2100 Fire SUBJECT: [:New York State Foam Tasks Force G [: G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) I respectfully request permission to enter into an MOA with the NYS Division of Homeland Security and Emergency Services for the Temporary Loan of Fire Supression Foam Equipment to the City of Buffalo Fire Department. This equipment will greatly enhance our ability to mitigate emergencies involving oil and other petroleum based substances. SIGNATURE j4.1--,-------2-2-2 ( 0 -) DEPARTMENT HEAD TITLE . Garnell W. , itfield,(is? missioner of Fire bb ; 7'(6fah f\ '''.4 ' ' Od a i , '�� �a YORK FATE and Ernereeracy SiQrvirns ANDREW M.CUOMO JOHN P.MELVILLE FRANK G.HOARE Governor Commissioner General Counsel Via Hand Delivery Dear Foam Task Force Member: Thank you for your participation in the New York State Foam Task Force. Attached please find four(4)copies of your agency's agreement with the New York State Division of Homeland Security and Emergency Services. Once you have had an opportunity to review, please have each agreement originally signed and notarized and, along with a copy of your local board's resolution approving the agreement and participation in the program, mail all originals to the following address: • New York State Division of Homeland Security and Emergency Services 633 Third Avenue 32nd Floor New York, NY 10017 Attn: Linda Messina Upon approval by the Office of the Attorney General and State Comptroller,we will return one originally executed agreement to you for your files. Should you have any questions regarding the agreement, please feel free to contact me by phone at(212)867-7060 or via email at lindasnessina dhses.naov.. Thank you. Linda Messina • 122o Washington Ave,Bldg.7a,Albany,NY 12242 1(518)242.50001 dhses,ny.gov 2h4 ,4 ' ad S3 t Fire Prevention afm ' STATE and Control � hA +' ' 2� Y 4P Agreement No. X200002 INTERGOVERNMENTAL MEMORANDUM OF AGREEMENT By and Between 'NYS DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES Office of Fire Prevention and Control and CITY OF BUFFALO FIRE DEPARTMENT for • TEMPORARY LOAN OF FIRE SUPRESSION FOAM EQUIPMENT This Intergovernmental Memorandum of Agreement (Agreement) is entered by and between the State of New York Division of Homeland Security and Emergency Services, Office of Fire Prevention and Control ("DHSES", "OFPC" or "State of New York") with offices located at 1220 Washington Avenue, State Office Campus, Building 7A, Albany, New York 12226 and the City of Buffalo Fire Department ("Contractor" or"Participating Agency") with offices located at 195 Court Street, Buffalo, NY 14202. The foregoing DHSES and/or Participating Agency shall sometimes be referred to herein individually as"Party"and collectively as the "Parties." WITNESSETH: WHEREAS, on January 28, 2014, Governor Andrew Cuomo issued Executive Order 125 directing State agencies to conduct a review of safety procedures and emergency response preparedness related to the shipments of volatile crude from the Bakken Oil fields in North Dakota and other sources; and WHEREAS, the State has formed the New York State Foam Task Force (Task Force), which is a state and local partnership, to support and supplement existing local foam capabilities to assure that trained personnel and the appropriate equipment is available a strategic locations throughout the State based on risk; WHEREAS, as a result of the review, DHSES has acquired a quantity of foam trailers, equipment and supplies, and pre-positioned such equipment at strategic locations with participating agencies that herein agree to support the efforts of the Task Force; WHEREAS, this Agreement establishes the responsibilities, guidelines and procedures for the assignment, deployment and use of the equipment to the Participating Agency by DHSES; WHEREAS, the Participating Agency acknowledges receipt of said equipment; NOW, THEREFORE, in consideration of the promises set forth herein, be it known that a DHSES hereby grants a temporary revocable permit to Participating Agency to use the Equipment designated in Section 3, and the Parties agree to the terms and conditions as follows: Temporary Loan of Fire Suppression Equipment 1 Agreement No.X200002 City of Buffalo Fire Department <;aN.,J .g ��� p. ..y a [ �� <�. k,py+ iA Z \•'-`i�� P p y Fire Prevention 3 { . IHH � xv_n FATE F=F,}yJ '� �+i� 3" (5"�7 c4'�a<�� w jT,�y7Jyt� a i :'iy��3i i},;�3�ss/��,, �� eo�SaY am"tl,s `� x-s a'yM SIS I Stu -- yj iii..-• a2Ur b r Y+. T!ti3+"U^.t ^� e 4]-�.4,kx, s 1. PURPOSE DHSES is providing Class B foam trailers and equipment, further identified in Appendix B ("Equipment"), to participating agencies to receive, hold, maintain and use in order to pre-position the equipment for rapid response to incidents resulting in a spill or fire involving crude oil and other ignitable liquids, when activated by the State as a component of the New York State Foam Task Force. The Equipment is being provided on a loan basis. Regardless of possession, title to all equipment identified in Appendix B shall remain with the State at all times. The State has the right to recall the Equipment at any time upon notification. As such, any permanent granting of the Equipment must be provided for in a separate written agreement signed by both Parties. The Parties understand and acknowledge that the Equipment issued under the terms and conditions of this Agreement is intended to enhance the ability of the Participating Agency and the State to assist in and support fire control and vapor suppression efforts at incidents involving crude oil and other ignitable liquids and is not intended to provide all the equipment appropriate and necessary to do so. 2.APPENDIX A Appendix A, Standard Clauses for All New York State Agreements, is hereby attached andmade part of this Agreement and shall take precedence over all other terms of this Agreement. 3. DESCRIPTION OF EQUIPMENT DHSES agrees to provide to the Participating Agency on a temporary loan basis:foam trailers, equipment and supplies under the terms of this Agreement.All items, equipment and resources shall be collectively referred to herein as "Equipment." The specific Equipment loaned to the Participating Agency is specifically listed in Appendix B, which is hereby attached and incorporated into this Agreement. 4. TERM AND TERMINATION OF AGREEMENT 4.1 The Participating Agency specifically agrees that this Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the State beyond the monies available for the purpose. Section 112 of the State Finance Law requires that any contract made by a State Agency which exceeds fifty thousand dollars ($50,000) in amount, or if the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds ten thousand ($10,000), it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office before becoming effective. The Contract will be deemed executed upon, and will not be considered fully executed and binding until, receipt of approval by the AG and OSC. • 4.2 The term of this Agreement, unless amended or extended by written mutual consent of the Parties, shall commence on the first Monday immediately following approval by the Office of State Comptroller and shall terminate after twenty-four (24) months from the day therefrom, unless terminated earlier pursuant to sections 4.3—4.5 below. This Agreement may be extended in writing for an additional two (2)year period upon mutual agreement between the Parties. Temporary Loan of Fire Suppression Equipment 2 Agreement No.X200002 City of Buffalo Fire Department • • J�'Fg� , ey,sac: t_:�,. rim�w. _ „sT:'a>:,, i $ - � � E ,'+S��( 71 e +�1gs� f 6 �• P a. .i �h Fire Prevention ` ' 't` "a i n� �� � 3�'�1-r fii.'s�� �£",.vas�.r>rs�u� � � t� it � -e sun:- and d merge c ' � r` it I Arid _ 'b _ §S..ahsa iD di^ S. v O E•. .�'f• �� 'L�"J- j , 4.3 DHSES may terminate this Agreement immediately, upon ,written notice of termination to the Participating Agency, if the Participating Agency fails to comply with the terms and conditions of this - Agreement and/or with any laws, rules, regulations, policies or procedures affecting this Agreement. . Written notice of termination shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice outlined in Section 17. 4.4 Either Party shall have the right to terminate this Agreement early for: (i) unavailability of funds; (ii). • cause; or(iii)convenience upon ten (10) business days'written notice. 4.5 The Participating Agency may terminate this Agreement, upon written notice of termination to the State, if the Participating Agency is unable or unwilling. to comply with the terms and conditions of the Agreement. • 4.6 Upon termination of this agreement.by either the State or Participating Party, the Participating Agency shall return all equipment, less ordinary wear and tear, to DHSES. 5. TERMS OF USE • The Parties agree that the Participating Agency shall maintain possession of the Equipment provided the Participating Agency complies with the following conditions: 5.1 The Participating Agency understands and agrees.that for incidents necessitating deployment of the . . Task Force time is of the essence and therefore it shall identify and assign personnel to deploy and operate as part of the Task Force, and will remain ready, willing and able to immediately deploy the equipment and personnel, as identified below, pursuant to activation by the State and shall immediately notify the State of the inability to respond to that request. 5.2 The Participating Agency agrees to make personnel available to participate in the initial and in-service training specified by New York State.The number of personnel trained shall be sufficient to provide for the response of 2 to 4 personnel with the Equipment when activated as part of'the NYS Foam Task Force and deployed by the State., To the extent possible, scheduling of required training by OFPC will • be undertaken to limit overtime for participating agency career staff and consistent with the availability of volunteer staffing.At a minimum the training shall include the following: 5.2.1 Initial Training:Approximately 20—24 hours; • 5.2.2 Annual Refresher Training:Approximately 4—8 hours; 5.2.3 Annual Drill or Exercise:Approximately 4—8 hours. • • Temporary Loan of Fire Suppression Equipment 3 Agreement No.X200002 City of Buffalo Fire Department • 14t1 '%).0r3 01111 Fire Prevention ag,3 a.� rt-+r t:.a,. •a �. 3' „a t� and. .�,:,v+3 3k3 SY 5.3 In addition to ensuring availability and participation in the annual refresher training provided by OFPC, Participating Agency agrees that it shall participate, upon reasonable advance notice, in drills, exercises or other events as requested by the State. 5.4 The Participating Agency shall ensure that there are two (2)to four(4)trained persons available at ail times.(24hours/7days)to respond with the pre-positioned foam trailer and equipment within 30 minutes or less; however, it is understood and agreed that, at no time, shall there be less than two (2) trained persons available to respond. The Participating Agency acknowledges and agrees that it shall be responsible for all salaries, costs and fees associated with response or activities requested by OFPC and/or the New York State Foam Task Force. 5.5 Participating Agency agrees to be responsible to provide and make available or provide for the following: 5.5:1 All personal protective equipment (PPE) appropriate and necessary for its personnel to respond with and operate as part of the NYS Foam Task Force, including but not limited to structural firefighting turnout gear. 5.5.2 The 1.75" and 2.5" hose required for the appliances and foam attack lines associated with each trailer(estimated 200 feet of each type). 5.5.3 Participating Agency shall provide, and Participating Agency personnel shall retain the insurance coverage and protection provided by the Participating Agency for its personnel including but not limited to, the provisions established by General Municipal Law 207-a or the Volunteer Firefighter's Benefit Law. 5.5.4 A vehicle suitable for towing the assigned foam trailer during a response and approved by OFPC in advance. 5.5.5 Maintaining the Equipment covered under this Agreement in a state of readiness for use and response at all times(24 hours/7 days). 5.5.6 Immediate notification to the State of any condition or issue necessitating placing the Equipment out of service or of any condition or circumstance which prevents the Participating Agency from responding with the Equipment. 5.5.7 Comply with procedures and guidelines, established by DHSES, for the activation, deployment, and operations of the Task Force. 5.6 The Parties agree that the trailer may be used by the Participating Agency, as needed, for any local response under the following conditions: 5.6.1 The Participating Agency must notify OFPC of all local responses undertaken within twenty-four (24)hours of the commencement of activity. Temporary Loan of Fire Suppression Equipment 4 Agreement No.X200002 City of Buffalo Fire Department ":� AA¢7 •...,s y 2. ..+ 1fi� a�, ,°s.n e� �Hu 3 ei"�s S`3 Ora; f b r ! . .. r.�.'..,n s Ytl r �, '+d +? na •. services � ? � '+\ft' 4 w .... , knb d 4..s, Vn.+1$g,, Emelt ,�9 vii xgmeaty • 5.6.2 The Participating Agency agrees to replace any foam concentrate or supplies used in local response, as specified by OFPC. 5.6.3 The Participating Agency agrees to repair any damage or wear to the trailer or equipment associated with or required after local use. 5.6.4 The Participating Agency shall assume all liability associated with operation or use of any loaned equipment during any local response. 5.7 The Participating Agency shall ensure that all intended users and operators of the Equipment successfully complete the training specified and provided by the State for that purpose. 5.8 The Participating Agency understands and agrees to be solely responsible to understand any and all safety or security issues surrounding the use of the Equipment and accommodate its use according to its capabilities and limitations. 5.9 The Participating Agency understands and agrees that, on occasion, the State will perform inventory and maintenance, routine and emergency, to the Equipment, which may be conducted with advance notice or no notice at all. The Participating Agency agrees that it shall provide DHSES, OFPC and its vendors and subcontractors with reasonable time and opportunity to properly maintain the Equipment in accordance with the manufacturer's recommendations and all applicable laws and regulations. 5.9.1 Additionally, the Participating Agency shall be prepared for use of alternative Equipment during planned and unplanned out servicing. Furthermore, it is hereby understood that the State has no obligation to provide alternate equipment to be available for local responses when Equipment is removed from service for maintenance or repairs, although it reserves the right to provide alternate equipment to maintain NYS Foam Task Force operational capabilities if resources are available to do so. 5.10 The Participating Agency understands and agrees that the State may take back the Equipment at any time for any reason or may redeploy the Equipment if it is determined to be needed in another area as directed by DHSES. Upon notification by the state the Participating Agency must make the Equipment immediately available. DHSES shall provide reasonable advance notice, or the maximum notice possible under the circumstances,to the Participating Agency Point of Contact. 5.11 The Participating Agency agrees that DHSES reserves the right to take back the Equipment in the event of a breach of this Agreement, if the Equipment is not being used to its full potential, is being misused or has been returned for reissuance by DHSES. In the event of reissuance, the Participating Agency agrees to undertake whatever actions are reasonably requested by DHSES to return possession of the Equipment to DHSES. Temporary Loan of Fire Suppression Equipment 5 Agreement No.X200002 City of Buffalo Fire Department I . /� nv • ` ev a y Fire Prevention ,wYORK. ysZ � i t" prY > aew g - :s 3 -. 5.12 The Parties acknowledge that sustaining the Equipment issued or issuing additional resources shall be contingent upon an evaluation of need by DHSES and be subject to the availability of funding. The Parties reserve the right to expand the scope of this Agreement or the type and amount of the pre- positioned Equipment provided, subject to available funding, as agreed to by both Parties, and addressed within an updated and amended agreement . 5.13 DHSES shall be responsible for the following: 5.13.1 Ordering, purchasing and accepting Equipment from the vendor; 5.13.2 Conduct routine maintenance, repair and/or replacement of Equipment resulting from response . activities pursuant to State activations. Participating Agency shall be responsible for costs relating to maintenance and repair required resulting from local deployment; 5.13.3 Testing and recertification of the Equipment provided, as required; 5.13.4 Replacement of foam supplies utilized during State specified training or deployment of the Foam Task Force[as directed by the State]; 5.13.5 Reimbursement of costs incurred directly by the Participating Agency as the employer, with the exception of those costs that would otherwise have been incurred by the Participating Agency (such as deployment within the jurisdiction of the Participating Agency),for the cost of backfilling to provide shift coverage, including overtime, for personnel responding pursuant to activation by the State. The reimbursement shall not exceed costs for four (4) persons, except as approved by the State Fire Administrator; 5.13.6 Providing the initial training and annual refresher training required for the use of the Equipment. Consideration will be given to reimburse backfill costs associated with participation of Participating Agency's personnel in training, drills and exercises, subject to the availability of funds. 5.13.7 Organizing drills and exercises. 5.13.8 Activation, deployment, management and operations of the New York State Foam Task Force. 6. LOAN OF RESOURCES 6.1 The Equipment shall be loaned exclusively to the Participating Agency only for the purposes set forth in this Agreement. No other use of the equipment shall be authorized. 6.2 DHSES shall retain title to the Equipment loaned under this Agreement at all times. 6.3 The Participating Agency agrees that it has no claim in law or equity concerning the Equipment or associated training. Temporary Loan of Fire Suppression Equipment 6 Agreement No.X200002 City of Buffalo Fire Department Fire Prevention • YORK ' STATE � :Ara � �rs1 �t^^-,�sro Y�,-F q�<,.� 5 .«z, '.�3., 3 1 9 A9c.52!'i K k 6'1'rs' t` an, O `v:�. .c:.. e�`+;da=Aax 6.4 The Participating Agency agrees that it shall not sell, move or otherwise transfer the Equipment to any other party without the express written permission of DHSES. • • 6.5 In all instances, except where otherwise agreed to by DHSES, the Participating Agency is responsible for all costs associated with preparing, packing and transporting the equipment, including all_applicable costs.-Possession, but not title, of the equipment will pass from DHSES to the Participating Agency at •the time of receipt of the equipment. All transportation to and from.the site of the equipment and all associated costs •will be covered exclusively by the Participating .Agency. DHSES financial responsibility is limited to that identified in 5.13. 7. COMPENSATION • As compensation for loan of this equipment, the Participating Agency shall pay DHSES a one-time administrative fee of$1.00; payment of same waived. As such, this Agreement shall not be construed to have • any monetary value. The Participating Agency is responsible for peripheral and maintenance costs of the Equipment as described in this Agreement. 8. PARTICIPATING AGENCY POINT OF CONTACT The Participating Agency will designate its own member Point of Contact ("Participating Agency POC")for the purpose of arranging for and the installation, maintenance and return of the equipment to DHSES. The Participating Agency's POC shall also be responsible as a 24-hour point of contact for this Agreement and any • issues arising from its existence and be responsible for maintaining the, current status of the contact information.The Participating Agency Point of Contact shall be listed in Appendix B of this Agreement. . 9. DHSES POINT OF CONTACT State Fire Administrator New York State Office of Fire Prevention and Control • NYS Division of Homeland Security and Emergency Services State Office Campus 1220 Washington Ave, Building 7A Albany, NY 12242 Office: 518-474-6746 10. CONDITION AND MAINTENANCE OF EQUIPMENT 10.1 DHSES will make its best effort to ensure that the Equipment loaned under this Agreement is furnished to the Participating Agency in a serviceable condition suitable for its intended use. However, DHSES makes neither warranty nor guarantee of fitness of the property for any particular purpose or use.' • Temporary Loan of Fire Suppression Equipment 7 Agreement No.X200002 City of Buffalo Fire Department • - l i Y$f Hernehrod } Udi''v I Fire Prevention',.ida '1 gabsTATE u � s., c t , p 2 u�P 10.2 The Participating Agency shall be responsible to receive the Equipment and certify that the Participating Agency's orientation with the Equipment occurred. Additionally, the Participating Agency shall, as appropriate, 1) provide equipment inventory reports to DHSES upon request; 2) assist in resolving equipment related issues, such as defective equipment; 3) conduct any maintenance, as determined by DHSES, in accordance with the manufacturer's recommendations and all applicable laws and regulations to assist in its operational functionality;and 4) satisfaction of any State or federal reporting requirements. 11. EQUIPMENT SECURITY Upon acceptance of the Equipment, Participating Agency shall notify OFPC of the location where the equipment is to be stored and assumes all responsibility for secure storage, maintenance, and property accountability.Any change in the storage location must be approved in advance by DHSES. 12. NO THIRD-PARTY TRANSFERS This Agreement or the Equipment loaned hereunder shall not be transferred to any other party by the Participating Agency without the express written permission of DHSES. 13. RETURN OF EQUIPMENT Upon expiration of the Agreement, the Participating Agency shall be responsible to return all Equipment to DHSES in the same condition as it was issued, less and except ordinary wear and tear caused by response activities pursuant to state activations. If the Equipment is not returned, or not returned in good working order and repair,the Participating Agency may be responsible to reimburse DHSES the replacement value or repair of the Equipment, which shall be determined by the estimated replacement value for each item of equipment listed in Appendix B. 14. LIABILITY AND INSURANCE 14.1 The Participating Agency shall indemnify and hold harmless the State of New York for any and all claims arising out of the local use of the Equipment, including but not limited to deployment,' training, drills and exercises. DHSES does not agree to any indemnification provisions in any documents attached'hereto that require DHSES or the State of New York to indemnify or hold harmless the Participating Agency or third parties. 14.2 In consideration of the Participating Agency's agreement to deploy and respond during a State activation of the Task Force,the State, subject to the availability of lawful appropriations and consistent with Section 8 of the State Court of Claims Act and Section 17 of the Public.Officers Law, shall hold the Participating Agency harmless from, and indemnify it for, any final judgment of a court of competent jurisdiction to the extent attributable to the acts and omissions of its officers or employees when acting within the course and scope of their employment. • Temporary Loan of Fire Suppression Equipment 8 Agreement No.X200002 City of Buffalo Fire Department / i3 3 .,4`r`'a 'az �a 3�a. ;r,+-..i y ,,�rrla",xanflvggy ye 't, 3 :s � y3*e� � bH`?-cz3 8d� O ntr ' STATE uEmergency b ruve - �— °+ v, I 14.3 Notwithstanding anything to the contrary in this Agreement, DHSES shall not be liable to the Participating Agency for any special, consequential, or punitive damages, or loss of profits or revenues, whether such damages are alleged as a result of tort (including strict liability), Agreement,warranty, or otherwise,arising out of or relating to DHSES's acts or omissions under this Agreement. Participating Agency remains liable for direct damages attributable to their respective negligence, misconduct and omissions without limitation. 14.4 Nothing contained herein is intended limit the rights and privileges afforded to either Party by operation of law. 14.5 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 Participating Agency shall at all times remain an "independent Participating Agency" with respect to the efforts to be performed under this Agreement. DHSES shall not be responsible for any payment of Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Participating Agency is an independent Participating Agency. 14.6 Participating Agency shall carry general liability insurance in the amount of $1,000,000 per occurrence and $3,000,000 dollar in the aggregate. Such insurance shall remain in effect throughout the term of the Agreement. 14.6.1 The Participating Agency shall name the State of New York and DHSES as an "additional insured." 14.6.2 The Participating Agency shall provide certification of insurance to DHSES and must include: 1) the insurance policy number; 2) the name and address of the broker and title of authorized official of broker; and 3)the signature of the authorized official or broker. 14.6.3 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee or any other between the Parties. 15. INTERPRETATION . This Agreement shall be interpreted according to the laws of the State of New York. 16. NOTICES Any and all notifications, consents and other communications to DHSES regarding the implementation, production, or operational production or operational processes or procedures of this Contract shall be in writing.All notices permitted Or required hereunder shall be in writing and shall be transmitted either: (a)via certified or registered United States mail, return receipt requested; (b)by facsimile transmission; (c)by personal delivery; Temporary Loan of Fire Suppression Equipment 9 Agreement No.X200002 City of Buffalo Fire Department • • • / 3r!� & � �� , � � � � h� �Prevention���o- . war � � • •.'.<.�x sun 5' s�,�., bai r,10 X (�,�'�"sr9 ,[� oa uy ` , r Ir ip'' I } 3rt'�.:YS a cJ.''x r&;:a Tv L•� " y. ^J ! ,�iSY ➢L a4f iTZ+ Y • (d) by expedited delivery service; or (e) by e-mail. • 17.AMENDMENTS This Agreement may not be changed, altered or modified except in writing and signed by both Parties and, if required, approved by both the Attorney General and Comptroller of the State of New York. 18. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the parties hereto and all previous communications between the parties, whether written or oral, with reference to the subject matter of this contract are hereby superseded. • IN WITNESS WHEREOF, this Agreement has been executed by a duly authorized representative of the Parties. • State Agency Certification • in addition to the acceptance of this contract,I also certify that original copies of this signature page will be attached to all other exact copies of this contract." ON BEHALF OF PARTICIPATING AGENCY: ON BEHALF OF DHSES: Signed, Signed, Name: Name: • Title: , • Title: • Participating Agency Acknowledgement for Agreement No.X200002 • • State of New York ) • )ss. • County of ) • • • On this_day of 2015, before me personally came to me known, who, • being by me duly sworn, did depose and say that she/he resides in , that she/he is the of the municipal fire department described in and which executed the above instrument; and that she/he is duly authorized by the governing body of said municipality to sigh her/his name thereto. (Signature and office of the person taking acknowledgement) • • Temporary Loan of Fire Suppression Equipment . • 10 Agreement No.X200002 City of Buffalo Fire Department j va, F'g 'VgYtl A3 ...s a hS>'i,75a. a. S. %IR°8�,ui xy� LOW , + `r4 s c - •axi...,a.-. ,f yz' 'S r`'' '» s� a Cg yO�3�wf,O .. .... +,.. 3 r g:411$241',s.� m� .„ s, R A toa) APPENDIX A Standard Clauses for All New York State Contracts • The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter,"the contract" or"this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor"herein refers to any party other than the State,whether a contractor,licenser, licensee, lessor, lessee or any = other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law,the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval,where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise.The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State' agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6-a). However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers'Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS.To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex (including gender identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status or domestic violence victim status. Furthermore, in accordance with Section 220-e of the Labor Law, If this Is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed,color,disability,sex,or national origin: (a)discriminate in hiring against any New York State citizen who is qualified Temporary Loan of Fire Suppression Equipment 11 Agreement No.X200002 City of Buffalo Fire Department 1 • 1s1:' T `� lo' iflad=s .t }"3 �'»ii1 Fire 3 fid' rati s s -...,. t r%/.4.wk 1 f� ;a c .. .,a444.1031 . ` u^Y^' .n.:. n:�"�, ., •l�{+i ro ��'� '.7 i A. 1 xi sA�' i E 4.1SSv 3 "anT'•V S,�y r Fd. it'LA _ _ st.„1 4 1 Y:3 '� "v? 'U' dd—':`a'-. and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or. (b). discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of$50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6.WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof,neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department.Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.Additionally,effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8.INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds$5,000, the Contractor agrees, as a material condition of the contract,that neither the Contractor nor any substantially owned or affiliated person,firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit,the finalization of such audit by the State agency, its representatives,or the State Comptroller. 10.RECORDS.The Contractor shall establish and maintain complete and accurate books, records,documents, accounts 1 and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years Temporary Loan of Fire Suppression Equipment 12 Agreement No.X200002 City of Buffalo Fire Department NEW Fire Prevention +x. i gHla �ri �fY b1 ZP , i5 C4T-nt p 06,wra.TR '0 7" i , ss ,t5 i y ,04,Ag";a thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying.The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i)the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish,or in any way adversely affect,the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii)the payee's Federal social security number, and/or(iii)the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment.Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b)Privacy Notification. (1)The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller,110 State Street,Albany,New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i)a written agreement or purchase order instrument, providing for a total expenditure in excess of$25,000.00,whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expendor does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon;or(iii)a written agreement in excess of$100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: • (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings,demotion,transfer,layoff,or termination and rates of pay or other forms of compensation; • Temporary Loan of Fire Suppression Equipment 13 Agreement No.X200002 City of Buffalo Fire Department 1 NM Fire Prevention .s�n'4�s$ b e m-� ara.r ds - U • = y t *14A1 'ter a x n e envy services 3/4 •A ... " �.�o (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to • furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein;and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed,color,national origin,sex,age,disability or marital status. Contractor will include the provisions of"a", "b", and"c"above, in every subcontract over$25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the 'Work")except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i)work, goods or services unrelated to this contract; or(ii)employment outside New York State.The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. 13.CONFLICTING TERMS. In the event of a conflict between the terms of the contract(including any and all attachments thereto and amendments thereof)and the terms of this Appendix A,the terms of this Appendix A shall control. 14. GOVERNING LAW.This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT.Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration(except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. Temporary Loan of Fire Suppression Equipment 14 Agreement No.X200002 City of Buffalo Fire Department 1(1 L 3 ;_ 11 ns iand wfiaritmFire Prevention \,c) _ £!PAL.�a' -sfc� {S,��Y� ., i�7�a �Sgx. � u/.�a i�r, ,��5 �� {y ��n��Control � �a LA tfle eg-t41,47asrS'`•a rJ�k3 rua .r..� # If • In addition, when any portion of this contract involving the use of woods,whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or(b)shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law),and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders,subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax:518-292-5884 email:opa@esd.ny.gov A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017 212-803-2414 email:mwbecertification@esd.ny.gov https://ny.newnycontracts.com/FrontEndNendorSearchPublic.asp The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than$1 million: (a)The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises,on this project,and.has retained the documentation of these efforts to be provided upon request to the State; (b)The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L.92-261),as amended; (c)The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining Temporary Loan of Fire Suppression Equipment 15 Agreement No.X200002 City of Buffalo Fire Department / �a`.3`'k{� Herat Le,'�Sa 77sv'p v; y,,.y Yu i° uPA z�a-yr's`aa y .,� i a 5 9% fs�"d l gi. ` � y'J 4 � .FaS�� �i't'45' �'��� �.ti' L."✓S�2i i R� � y \`✓ �. 15 3 MO t TA 3i 'inti 'Ern��J'y'fl o .i t L:,e`Y S� i eS4 -� contracts or agreements.The Contractor agrees to document these efforts and to provide said documentation to the State upon request;and (d)The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State Vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina,Alaska,West Virginia,Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa;State Technology Law Section 208). 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract,the Department of Civil Service and the State Comptroller. 24.PROCUREMENT LOBBYING.To the extent this agreement is a"procurement contract"as defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete,true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS.AFFILIATES AND SUBCONTRACTORS. To the extent this agreement'is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract,the Department of Taxation and Finance or the covered agency,as defined by Tax Law 5-a,discovers that the certification, made under penalty of perjury,is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26.IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"("Prohibited Entities List")posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. Temporary Loan of Fire Suppression Equipment 16 Agreement No.X200002 City of Buffalo Fire Department ' .JJ Y �'f. f? I 1314� ..s'V.�a'3�� �iS ' Jn� •� 1 >:` 1 During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law§165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to,imposing sanctions,seeking compliance,recovering damages,or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior,to the award, assignment, renewal or extension of a contract,and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. Temporary Loan of Fire Suppression Equipment 17 Agreement No.X200002 City of Buffalo Fire Department j . 31' VI "_.+�'e g an yoS 4A i,.till it 6.......... ,.., , I Fire Prevention . °�� `d ca STATE APPENDIX B Equipment Inventory and Participating Agency Point of Contact Quantity Item Estimated Replacement Value Dual Tote Chariot II Foam Trailer,330 gal totes $39,840.01 Including: 1 TFT Blitzfire Portable Monitor with Foam Shaper 1 350 gpm in-line eductor 1 125 gpm 1.5" nozzle 195 gpm in-line eductor 1 National Foam Gladiator Tri-Flow Foam Nozzle 123 gpm Foam Transfer Pump Kit Misc. Fittings and Adapters $543.50 1 Radio Controlled Monitor(RF)upgrade $8,895.00 1 National Foam Universal Gold 1x3,660.gallons $28,115.74 TOTAL $77,394.25 Participating Agency Point of Contact Organization: Buffalo Fire Department Name: Garnell Whitfield, Jr. Title: Commissioner Address: 195 Court Street, Buffalo, NY 14202 Phone: (716) 851-5333 Email: gwhitfield©bfdny.org Temporary Loan of Fire Suppression Equipment 18 Agreement No.X200002 City of Buffalo Fire Department • Permission to Enter Into a Memorandum of Agreement—New York State Foam Task Force (Fire) • Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated February 29, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to enter into a Memorandum of Agreement with the New York State Division of Homeland Security and Emergency Services for the Temporary Loan of Fire Suppression Foam Equipment to the City of Buffalo Fire Department to enhance the Fire Department's ability to mitigate emergencies involving oil and other petroleum based substances. PASSED AYES 9,NOES 0 • C:\Users\1mcinski\AppDam\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\OX32QV W6\permission to Enter Into MOA-fire.docz • .1 .* AYE *.. NO * * * - * FEROLET.O * ' * . * * * • FONTANA * * * . * * * FRANCZYK * * * * * * GOLOMBEK . * * * PRIDGEN . * * * * * . RIVER.A. *. * . * * . SCANLON * * * • WINGO * • * • * • . . WYATT * * * • . * * [ J [MAJ- 5 ] * 0 ' 0 * • . [2/3 - 6] * * * [3/4 - 7] • • 1 i . (10 FROM FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES March 1,2016 To: The Common Council: Date:February 26,2016 From: Department Permit &Inspection Services Division: Office of Licenses Subject: [: Food Store(New) {: 2141 FILLMORE(MASTEN) Type in Upper and I [: J Lower Case Only I [: 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 2141 FILLMORE (DEBORAH MILLER/DOLLAR TREE.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and 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 COMERF I RD Type Title: COMMISSIO I " Signature of Department Head: \ . (/ JC:PS:jd 4.30)-1 -< \'' Interdepartmental Memo Date: February 26,2016 To: James Comerford, Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Food Store at 2141 FILLMORE Per City of Buffalo Ordinance Chapter 194,the following is a check list of requirements for Food Store application to the Common Council: Application ❑ Applicant Notifcation U Building Inspection Collection Office U Fire Prevention U Police Department Zoning Office 6 r/ 01 Hi Director Permit& Inspection Services D.,te '"V;r:,•:---• ' " "1 -:,.tx. •:. ;••-'-s,-.4.,........,,,,,;,i];4440X-4•fk';',L'F'..101,••,.• ' .-2f- -; 1‘11•,. f,D-,-4.;t%ilii'io.- i0;:.;,-11,-..47f,,E•:.•k::•;: .tif ,-- -4) ?xj,!--.,.:,:;;;:',;( ..,t,iA4'IRr: ' :,--•‘,,'"))-• ''',t‘/Liziseil'Aqi, ,m,,,,;.,,,,mc,.?,,,,:40b.4:* Ve ,;•,••:A.4-1-0. i • • • - - ' - ''‘..,'' 41 ..",Va• . '74..i '• ‘.TiVritilp, .:.: V ':,;• a.11(0..' CITY OF BUFF:A15Oie.."..,',..1,-A. ,P,..,(14.11.1,,,k•-• ,•-•,,,,?•••1• : . • ' --!:.'•-.: . -... 4 ... . • ., _/.4 .,.:.,,.„,,,,,,,,:r„v„.. ---.---7-7— . . . :.: ..„-4,,,,,,luttek ii•:.!lifolirrAVInr.:i•,•50.44.:,,,A444f.,„,„,,Tt- v-V\ :1 • •. • ,•• • ... .. . • •::. ....,..: k,.,..„,.v.yreovitk;zgv,',‘„.-,,, I iti . ./..e.--ii.: :: •,:9•4•.: 65 Niagara Sci,'Cg.x.fbhm,„it.4.!:,,k...„04v,..:5'44::,,m,:titootiO.e:4;ppit.**.;.. ,!.:.!.. 6.)':g$R4telkrfg,;:::t:*P:f9:,g,,t114P'Patl -,•:: -4 ••,':%:'?•[;c4V,It' ttEOWIP',0:.;%V•:15i3VA4,24,74,04F4p4W ' •-'!-c r:;•, .._, - --- .-4.: i:: ,i'; •E'.'.43 -Plix,•-• ",. ' it)?;'ilkil‘ic*ii'' '.11014,gliV4160-$602,408ildit. •:;4 :.- ? 79--KY-47:: :,...... „101,A.,:,,,..)..-A-'v 44;Wittli-4 ..:•.:••:;,'SNA'1..' ..,4i.iv"AN:0P"; :• I ,„;t1 I CI. ,,4. '.:j'rifigliariii:.0:415kktii5'27:.Mattitiirtedt 1540,400aq' '1,:i . El.•:$Ole ProPliet(g. j 44tik -:."-10-,:q. - . ..a0,a4,,Wiagt44.*&:' ' %eq161:11,*W ''''''''''ITZTAVnilltgiittilst-fe. .: .:. ip.*#,Its-1.,. .. .... geltIiiiiito04.::,;.. ..:.88,.00, .,..,s.. 0 Restaurant 1.-2QO seats .t.11441.6 1:lliPstal%41,fWvoqe:','''''',''4'4h'':: •••-.::,',.,'' '.ii...1.;.,:;,..,, ,I.W.4-i,,. .IF::•1 •.1. . • ---\ .,A ...... .. ' 0 20.1.-400.seats $259,00 tr tlop,prtp,doly:::,.,, . .....,,,,i..i.;',..4to.cr§#00,,,,,,o,,,,...,!,-.1,,,..!:,,,,z,:;. .,::$11.5...00 ) 1 0 40()f.seats ...,Ii.,01.:t.. • . roo, ,....,,,;,11,..'••66,•.5Nk. .4•,,,%1,,,,.&.:',!".,•',1:::!..: . „ Cl Yes 0 No Selling alcoholic beverages? Etit:1''MUt Ilitlil''Itlifiri`!';'.: s''' . ''''''.:.... "10#11t'.'"11,:;.1..:'4tt! t1 e- . -,•,,,,,•:'... ..'Y'q::.004.7'Cf'"$.: .‘s:. !. OCertificate.eInspe. eton $5410 .• . ' .`,,•.i-..-':-.,,,,, 46: i„... 0 1 ta1•4. rQt'.i1 i4;r ...': $1.:50 00 . , .1,:i.„,... . :, . et.88 00: .1 -_, . ...: .• -..,,,.......s,,, ,..,:i„•,,if .••,‘,. . ID Cattrer, '!n - ' - rp• r. • ;.7) (11011 :AssOliibWROtauTant.,50-17 seats. 0 publto::.•,Dan,(n.ased.4/ v11. ..,:, .,......,•• . ...: .i. LICoinControl Amusement 0.0o0OVaneing.:,4,40,,':g::,Z5 0,. .0,4T.Y.:,. .•'.:.,-•:: •-;:.C. . . , #.Sables , per got $4.7z, o s4 fitinigitIie :.'::::,..:.;:,,,:;1011.7.1Q‘ 00 ..'CI, #‘12,..,...0.1h...p:1:6Yeesr. , • .•.g:.6160 Cl Arcade#games per game $47.2.$. Cl Bowling 4•''44T.-''',4;''i''.e•:ia'77i74t„ 1 . a • —0•...'1„: 0'•,e:':.tployees $1 05..04 OMusic mechanical $5260 #.14404n,--1,i--651Odes $15700.. - --- Cl Music live,no dancing •• • $52 p isiwittir iti,i0*iiiiiq404 j 1,50 .1:3:,f,',59.:ein p,,iny,e,eS• $ al ,()f..) $63,00 #table .:;.':.‘W-M 1:1,512(1.0 employ00-. $52599 ..- . •. . ... o News Stand • ,„.... , • ......._ -1---- ,_,/.). ,..,:.. ..i • -.. • .. .ph. .. 2-7q,:.z1...., co(...) ., .COilit5fatiiini Name:: -\,_) k,\.L-lcC...._ k,P___C--__<:._ - '---c)-2eS-'.. .: '(---- Busnloss: (me k • ,---- ;• • i . ., _ _D .: ( --1-„). (e) • ...i, ..., 1404....Kano otj.q. .70 \ r. _cz..,,- , es,?...e, 'tk 0( 33 4.3 Business Fax ._____ .: - ?) ' c\-N k,.3 /V\I Ilusiness,Address-004'o Box))-,9-) LA 1 s ... " \`\' 1/.11.7‘ 2" €' P‘)C2'.. -i :'t12—' "-)-‘‘..,1." 1 .7 • ,,. maitinTgaiAdd)i.esoldiffeitio 5ai36,‘00 ..C. . )., i .(2-\(----),--,--.-) -)-v-, -2 1-9Q&V----V? (-; 33 . YSlf *64-13 E-Mail. ,2„• • . . Owner(SY,Principa.I-Partners. • . Applicant(last,rirst). • 6C2_e A1C( AJrx€- Home Phone: 'Horne Addresst;(fp pox net acteptabje).. • • • • Date of birth Place of Birth • CO=Applicant(10;st:fir-St) • Home Phone Rome Address:.(P.0•13a;notateeptable). -. . . . Date of birth Pince oftittli . .Describe your specific business activity in detail,. ) Pt 9......, \„_) (. A-icv ,,... <71 9. C7')Ptc....\g- -3 c. ' -•-• --,ee-) . - k'.• . .. . '.( • --\ I am aware of the.obligation.to.provide tiniely.notice of any change.in,retpti?!.d..h.ff,.orm a t i.On;atid..1.hAve informed all owners,managers,or other principals Oftheir criminal and/or civic responsibility for the timely.fulfillment of restrictions: andconditions to the license or timely.ab.aterrient,of any nitisanceitetivityator associated, witht@diaad s 014.before me thisthe.business,„, bib !.s • As an authorized.agent of the:entity identified above I.certify the: Sub i . . Fee'office use information on this farm is true, Complete:and current best Kr . . . . h E.Mll "IV--diy cix I i f ! . . 6. of iny knowledge andbelieeboraier ' • , . - -.., Vice President and Assistant int,Namt• General Counsel/Real Estate 0%Itt . . .„epnvnissiener-14.4)eeds.-eitiro, , *140f41°;‘‘‘13';‘•,...Q.,„,k,"'''.•1440410-Ind 1., Ai& Date 2-/C1(e .....*..:. ' — :: .7. PUBLIC \. .5. App I REG#320170 320170 \ S.No . 7.....co t' MY COMMISSION • -.. Date issued: ,- Q\ EXPIRES 1k --- ----'fr••• 5/31/2018 .'c.3'•:: =),*044,.._..'••....... ,* ,.• //,,FEALTIA..vs o`- I • • • • .'.1114:•/1:41:441‘1j Vit• ;itiZ: �:i.i/ :'!r.''r sii3. 2: i � • Ci�itrnrcridenll tiM ..: .s n JI Lt Ear A D890R#N{LtEQENf x • • • 4 i5aTrtscneEr,•.•. . r • • sem} • y •vIRGINrABEAcrt,ys ai4st 2224: •3 • ••GRI41.4P}ON& 0412112011'' ftrfp6t Rwt eilexr Pxp Al*�;; UD.36 647 63 61:,.. S F'F.51I•.. )y_.:;;:•:..•. �1�.� '1;'•�f :.+ �.,.� • ' Food Store License (New)—2141 Fillmore (Masten)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated February 26, 2016 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 Deborah E. Miller d/b/a Dollar Tree#06336 located at 2141 Fillmore. PASSED AYES 9,NOES 0 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\food store license-new-2141 Fillmore.docx • - ` 9 • • * AYE * NO * * * * FEROLETO * * * 2 * * * FONTANA * * * * * * . FRANCZYK * * * ,� * * GOLOMBEK . * * * . * * . * . PRIDGEN • * * • RIVERA * * * • SCANLON * * * WINGO • * � * * • . * * * f WYATT * * * * * * [ ] . * * * . [MAT- S] * (,� . [2/3 - 6] * * * [3/4 7] . • • i I OL4 56 #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date:February 18,2016 From: Department of Permit&Inspection Services Division: Office of Licenses Subject: [: Property Management License [: DSBC LLC Type in Upper and I [: J Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. (Item No.xxx, C.C.P.xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 265 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Property Management License for RACHEL SAUNDERS/DSBC LLCand find that as to form is correct. I will cause an investigation into the applicant for which said application for a Property Management License is being sought and no License will be issued until all required approvals from the Police Department and Law Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of RACHEL SAUNDERS/DSBC LLC, the attached thereto for. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE ,, COMMITTEE ON LEGISLATIONm Type Department Head Name: JAMES COMERFO'ii1 Type Title: COMMISS 0 Signature of Department Head: JC:PS:jp Interdepartmental Memo l)( Date: February 16,2016 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Property Management License Per City of Buffalo Ordinance Chapter 254,the following is a check list of requirements for Property Management License application to the Common Council: ,Application ist of Managed Properties III Law Department U Police Department Police Record Check Director Permit &Inspection Services Date J CITY OF BUFFALO PROPERTY MANAGEMENT LICENSE APPLICATION Initial Fee/Renewal Fee$75.All license fees are non-refundable.The license expires each year on November 30th.Issuance of City of Buffalo Property Manager's License in no way pre-empts any requirements of any State or Federal rules,regulations and/or laws. Individuals who engage in the property management of three(3)or more rental units in the City of Buffalo must obtain a Property Management License per City Ordinance Chapter 265.Property Management includes but not limited to o advertising or soliciting of apartments or rental units for rent o tenant review and screening ®collecting and/or oversight of rental profits o conducting and/or arranging general repairs and maintenance of residential properties in Buffalo. Corporations,LLCs,or partnerships must attach a list of ALL officers,members,and partners with contact information. Applicant Name Applicant phone Rachel Saunders 716-207-8972 Applicant Address State Zip 177 Bryant Street NY 14222 Business Name DSBC LLC Business phone 716-207-8972 Business Address trofktt ii,t b EP tint. State Zip 144 Edward Street, Suite#9 7_�d Ettk st .c r:o „,t Nq NY 14201 NO YES: Answer each of the following questions. p,5? ( N j E A. Have you been found guilty of any crime or offense, criminal or civil? ❑ B. Is there a criminal or civil charge pending against you? E ❑ C. Are there existing and/or pending City of Buffalo Housing Court proceedings against properties you own/owned and/or manage/managed in the City of Buffalo? ® ❑ D. Is there an open claim against you or your company left unsatisfied? ❑ v E. Do you have employees? ❑ WI F. Will you be performing general repairs and maintenance of properties in the City of Buffalo? ❑ [ G. Will you be performing landscape/snow removal services? Attach Supporting Documentation with application 1.• Government-issued Identification Card of applicant 2., Utility bill of the applicants(s)home address 3. • Police background check obtained at Buffalo Police Department Headquarters 74 Franklin St. 4. General Liability Insurance in Certificate form with 301 City Hall Buffalo NY 14202 as certificate holder 5. • If you answered YES to E,submit Workers' Compensation Insurance,301 City Hall Buffalo NY 14202 must be certificate holder.Acceptable forms of proof of Workers'Compensation Insurance: C105.2,U-26.3,SI-12, GSI-105.2. Contact your insurance carrier to obtain one of these forms. 6. , If you answered NO to E,Certificate of Attestation of Exemption from NYS Workers' Compensation Coverage (CE-200).This form is obtained online at http://www.wcb.ny.gov. 7. ,If you are requesting a waiver of the City of Buffalo License fee attach copy of one the following licenses: New York State Real Broker,New York State Associate Real Estate Broker,or Real Estate Salespersons. 8. A Provide a list of properties you or your company will be managing in the City of Buffalo.Include Property address,Total Number of Units per property,and Property Owner(whether owned by an individual or a corporation).Update this list with our Office each time you add or remove properties. If air � Signature: , � t_� ■��. N� /. 4 04%!,.'1►)'I!.it Date IA "/p)L NOTE: False sta e�inents ii ade d ein are i unisha I le as a Class A mis' meanor pursuant to Section 'i 0.45 of the Penal Law. SWORN BEFORE ME THIS A Mail application with fee and supporting documentation to: Day ofJeeltoeia 20 r'G Office of Licenses f 65 Niagara Square Room 301 Buffalo,NY 14202 Commissioner of deeds stary public For questions,please call us 716.851.4078 BRANDON ' ��Pro it` /�w C® f rk No.01 HE6250989 Qualified In Erie County My Commission Expires Nov.14,2010 c �1'G / SQA CITY OF BUFFALO 7TE '� epi ,11griZ ,' 4' ty .K 4- ff4 PERMIT & INSPECTION SERVICES �" oit i.,; `�'T�-0� OFFICE OF LICENSES BYRON W.BROWN JAMES COMERFORD,Jr. Mayor Commissioner 65 Niagara Square 301 City Hall,Buffalo, NY 14202 . (716) 851-4078 FAX(716) 85-1-4952 www.city-buffalo.com HOUSING COURT VIOLATION LICENSE APPLICATION AFFIDAVIT I, PrC H L SNk N U,eS have submitted a License Application(s) (print applicant name) lAc ;l i n.1(0 k - A 4 with the City of Buffalo's Office of Licenses at: ICH C-7d wa rd , a+1' -xifi 6'0Pcri D�,vy j vi (business location) I am applying for the following license types: ff Y Oy/Y-tY'�Ot f n�.e i,-}- L 1 Ce 1l& , ti,c, §3i J l i-e'Z; 2C't o Lire. SF i S.1(2,- ‘n.5v, i,N\,1 N i t By signing this affidavit,I do hereby attest to the fact that neither I nor any partners and/or corporate officers of this business entity have any existing and/or pending City of Buffalo Housing Court proceedings against the property listed above nor any other properties owned in the City of Buffalo. I further understand that if,or any reason,the Office of Licenses finds this information to be inaccurate;that the City of Buffalo reserves the right to deny the issuance of any and all City of Buffalo Licenses requested to operate this business entity. NEW LICENSE APPLICATION AFFIDAVIT I am aware that it is a violation of city ordinances to operate my business establishment without all required licenses, and that I must not open and/or operate my business establishment until said time that all the required licenses have.been issued. I further understand,that if for any reason,the Office of Licenses deems my business establishment to have been open and/or operated prior to the issuance of all required city licenses,that this shall constitute a violation of city ordinances and said violation shall be cause to deny the issuance of any and all city licenses required to operate my business establishment. Subscbed and sworn before me this �� �� %//.! le dIJ �f, ' i' "q day of/,/"„;./.. 20/4Ap licant ignature i/�J 7 Date -bi O. Co issioner of Deeds in and fore City of Buffalo BRANDON M HERNANDEZ Notary Public-State of New York No.01 HE625096g Qualified In Erie County My Commission Expires Nov.14,2010 h1 • • NEW:Y® STATE USA ▪ + DRIVER ;'tlydugE ' s4!'• ,x-lI r I' v.wV V tP' ti1�IIIFI�IIII!111,041tY- Sfy tt� S SAUNDERS •...,,-.:;:,•,...."::--:.:,;-:-.... ..:74-t€,r^ RACHEL,CHFt)S,TIEt,�ti ' j 290ElMST 31! sk'.1�t 'f'' 111'G��� wI. SPRINGVIM1,NY 1.41r4j� s -rz ii a.. i tix 008 t' < r l : ` `ENpue° 6 ` h NONE r" A�g,.F " Eirtj?.• ..-z- rqrtTjrtE � • £f+rNA-..-4-:.,,.W.-..1.4,14,..-M1,." 'il:nvioo Y.eeml` ( t , :�3^ r t Imo 3. si2 u '4, I,' , � �31 + 4, ` ire. • .- 0 5 I 'l•d FS' +1 - wur,,,,, •: x#r -6?+,..A 1 ;d � rim „tr �. 'q; 'l. _ e4 S �. ‘j',i{4 'r — SutE i11l j1lF .. - I 1 TRI$NUIMPET1:04tiEtftgyatASHEikFQfl I. 1 I I L .RACHEL F4R g�AUN 'l I l - I 1 v _BIATURE ��. III! il. 'M1111NWWLSIIVRPa.17.MOAP1C9?5UINVCIMJRPLV@F977tINITIMImIArdlp/IIItl9IINIILIIIII II V91lil OIFlNf - t P717C(REV..3/96) • )19\1 APPLICATION RELEASE FORM BUFFALO POLICE DEPARTMENT TO BE MAILED TO; eli#s rrt.Olif 04 Buffalo Police Department ` ° • Identification Section • 74 Franklin Street • Buffalo;New York 14202 There is,a$10.00 fee to process this data. By mail,payment MUST be made by money order,DONUT send cash through the mail. In person,payment can be made by money order or cash. Checks are not accepted. Make motley order payable to the Buffalo Police Department. Be sure to include a stamped,self addressed envelope so that this information can be mailed toyou. Complete all the information listed below and have your identification and signature verified by a Notary Public(or)Commissioner of Deeds,as listed on the bottom of his application. Without total compliance to these instructions,you WILL NOT receive the repoested information ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: C//EL e Ub bt.,- ITA DEN NAME: '''.--. SEX: P A/14 Le RACE: Plitt 1-it • CURRENT ADDRESS: r7 P i 4 G�( . Z, i, (6 . i ' '-Z� DATE OF BIRTH: -1 SOCIAL SECURITY NUMBER: — a e REASON FOR REQUEST:LI b ' .f .,, .� , ib 7 c tv Ad �.l Q/l,.cc_ .Q,..A t l `�. r. ,r, . 6\ to 66( (Jaiv` SIGNATURE OF APPLIC . . 4 . ' DATE: t' /2.6 p,61.Y' STATE OF NEW YORK ) - `lam COUNTY OF ERIE ) SS. CITY OF BUFFALO ) ,, • An the V Day of / y L(, Lei 20 Before me personally appeared `r .%i j- Q p `` i t 1./Y -:` -- o me known to be the same person described in,and who Executed the foregoing instrument and acknowledged the executions there(). • ( .! i //,' ,--- �) t /i /. . ,„,,.,„ •,,,,\•______A,,,,,,,,_. .../ • • ..Notary Public(CommiAonerof`Dees . *********************TO BE COMPLETED BY IDENTIFICATION SECTIONPERSOMVEL**#******************** ' • RECORD ATTACHED J ( ( • /) 1 P*LOGE DEPS VERIFIED BY: �,,, . i� __._ 1__,._-----c• IM_NO RECORD ON FILE NOTE:USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION.DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. • A DATE(MMIDDIYYI y) CERTIFICATE OF LIABILITY INSURANCE I 2/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) 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 CONTACT Ellen Fisher NAME: Hoffman Hanafin & Associates PHONE Ext): ( )716 842-0700 FAX (A/C No, (A/C,No):(716)608-1405 120 W Tupper Street ADDRE-MAILESS:efisher@hoffmanhanafin,com INSURER(S)AFFORDING COVERAGE NAIC# Buffalo NY 14202 INSURERA:Cincinnati Insurance Company 10677 INSURED INSURER B: DSBC, LLC INSURER C: 290 Elm Street INSURER D: Springville, NY 14141 INSURER E Depew NY 14043 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 LA (H&NO) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE POLICY EFF POLICY EXP INSp WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Contractual ENP0312953 3/4/2015 3/9/2016 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X W LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benefits $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED ENP0312953 3 4 2015 3/9/2016 BODILYINJURY(Per $ AUTOS — AUTOS / / ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L,EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER , CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Buffalo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 301 City Hall ACCORDANCE WITH THE POLICY PROVISIONS, Buffalo, NY 14202 . AUTHORIZED REPRESENTATIVE -,....--,..--=,--4-- s=. Scott Hoffman/ELLEN --- - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSO2S(9n1401t STATE OF NEW YORK \1b WORKERS'COMPENSATION BOARD CERTIFICATE OF NYS WORKERS'COMPENSATION INSURANCE COVERAGE la.Legal Name and Address of Insured(Use street 1 b.Business Telephone Number of Insured address only) 716 570 3145 DSBC LLC 290 ELM STREET 1c.NYS Unemployment Insurance Employer SPRINCVILLE,NY 14141 Registration Number of Insured 5192847 Work Location of Insured(Only required if coverage Id.Federal Employer identification Number of Insured is specifically limited to certain locations in New or Social Security Number York State,i.e.,a Wrap-Up Policy) 473371924 2. Name and Address of the Entity Requesting 3a.Name of Insurance Carrier Proof of Coverage(Entity Being Listed as the THE CHARTER OAK FIRE INSURANCE COMPANY Certificate Holder) 3b.Policy Number of entity listed in box"1a" CITY OF BUFFALO UB-3E069084-16 301 CITY HALL BUFFALO,NY 14202 3c.Policy effective period: 02/01/2016 to 02/01/2017 3d.The Proprietor,Partners or Executive Officers are ❑ included.(Only check box if all partners/officers included) x❑ all excluded or certain partners/officers excluded. This certifies that the insurance carrier indicated above in box"3" insures the business referenced above in box"1 a" for workers' compensation under the New York State Workers' Compensation Law. (To use this form,New York(NY)must be listed under Item 3A on the INFORMATION PAGE of the workers'compensation insurance policy). The insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box"2". The Insurance Carrier will also notify the above certificate holder within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indicated on this Certificate. (These notices may • be sent by regular mail). Otherwise, this Certificate is valid for one year after this form is approved by the insurance carrier or Its licensed agent, or until the policy expiration date listed in box "3c", whichever is earlier. Please Note:Upon the cancellation of the workers'compensation policy indicated on this form,if the business continues to be named on a permit, license or contract Issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers'Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers'Compensation Law. Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the Insurance carrier referenced above and that the named insured has the coverage as depicted on this form. Approved by: ili�Z 1� ,i!)6 / Print name of-uthorized .entative or licensed agent of Insurance carrier) Approved by: M 02/09/2016 ignature) (Date) Title: Telephone Number of authorized representative or licensed agent of insurance carrier:(877)677-0428 Please Note:Only insurance carriers and their licensed agents are authorized to issue Form C-105.2, Insurance brokers are NOT authorized to issue it. C-105.2 (9-07) www.web.state.ny.us W31F3J07 DSBC LLC n` 144 Edward Street Suite #9 k Buffalo, NY 14201 Phone: 716.207.8972 • dsbcllc.rachel@gmail.com February 2nd, 2016 City of Buffalo Office of Licenses 65 Niagara Square, Room 301 Buffalo, NY 14202 Dear Sir or Madam, Here is a list of properties that my company, DSBC LLC, will be managing within the city of Buffalo. Address #of Units Owner 183 Bryant St, Buffalo, NY 14222 1 Buffalo Land Holding Co LLC 185 Bryant St, Buffalo, NY 14222 1 Buffalo Land Holding Co LLC 177/179 Bryant St, Buffalo, NY 14222 2 Buffalo Land Holding Co LLC 82 Hodge St Buffalo, NY 14222 1 Buffalo Land Holding Co LLC 133 Hodge St, Buffalo, NY 14222 2 Buffalo Land Holding Co LLC 135 Hodge St, Buffalo, NY 14222 2. Buffalo Land Holding Co LLC 230 W Utica St, Buffalo, NY 14222 2 Buffalo Land Holding Co LLC 236 W Utica St, Buffalo, NY 14222 2 Buffalo Land Holding Co LLC 142 Dutton Ave, Buffalo, NY 14211 1 Buffalo Land Holding Co LLC 398 Lincoln Parkway, Buffalo, NY 14216 11 400 Lincoln Associates LLC 144 Edward Street, Buffalo, NY 14201 9 144 Edward St LLC Sincerely, • Rachel Saunders DSBC LLC 144 Edward Street, Suite#9 Buffalo, NY 14201 DSBC LLC 144 Edward Street, Suite #9 Buffalo, NY 14201 • #1 (Rev. 1/93) Single Page Communication to the Common Council J 004r 1 k� To: The Common Council: Date:February 18,2016 From: Department of Permit&Inspection Services Division: Office of Licenses Subject: [: Property Management License [: TPM OF WNY LLC I Type in Upper and I [: Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. (Item No.xxx, C.C.P.xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 265 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Property Management License for VINCENT TORTORA/TPM OF WNY LLC and find that as to form is correct. I will cause an investigation into the applicant for which said application for a Property Management License is being sought and no License will be issued until all required approvals from the Police Department and Law Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of VINCENT TORTORA/TPM OF WNY LLC, the attached thereto for. This request is submitted for your approval or whatever action you deem appropriate. EFERRED TO THE COMMITTEE NLEGISLATION. Type Department Head Name: JAMES COMERFO Type Title: COMMISSIONE Signature of Department Head: Ii JC:PS:jp Interdepartmental Memo \&1) Date: February 18, 2016 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Property Management License Per City of Buffalo Ordinance Chapter 254,the following is a check list of requirements for Property Management License application to the Common Council: Application List of Managed Properties U Law Department U Police Department Police Record Check '1' Director Permit & spection Services 1)ate CITY OF BUFFALO PROPERTY:MANAGEMENT LICENSE.APPLICATI N tv--\ I Initial Fee/Renewal Fee$75.All license fees are non-refundable.The license expires each.year oriNovember 3:0 .Issuance of ei I • of Buffalo Properly Manager's License in no way pre-empts any requirements of any State or Fed'erat rutes,regulations and/or Individuals who engage in the property management of three(3)or more rental units in.the City of Buffain must obtain a Property Management License per City Ordinance Chapter 265.Property Management includes but not limited to • advertising or soliciting of apartments or rental units for rent•tenant review and screening*collecting and/or oversigi of_rental profits a conducting and/or arranging general repairs and maintenance of residential properties la Buffalo. Corporations,LLCs,or partnerships must attach a list of ALL officers,members,and partners with contact information, Applic.i t Name • Applicant phone • Applicant Address State Zip • Business Name ` Business phone • Plevi , • Business Address • State Zip 23 r� s �- �'u,�—� ,� .. 1� • 1Ie— .- . NO YES: Answer each of the following questions. • . 0 A. Have you been found guilty of any crime or offense,criminal or civil? ❑ B. Is there a criminal or civil'charge pending against you? . ❑ j C. Are there existing and/or pending City of Buffalo Housing Court proceedings against • properties you own/owned and/or manage/managed in the City of Buffalo? riS ❑ D. Is there an open claim against you or your company left unsatisfied? E. Do you have employees? ❑ F. Will you be performing general repairs and maintenance of properties in the City of Buffalo? 1 G. Will you be performing landscape/snow removal services? Attach Supporting Documentation with application •P1: . Government'issued Identification Card of applicant 2 Utilitbillhofithe-applicants(s)°hoine address • 3. Police background check obtained at Buffalo Police Department Headquarters 74 Franklin St. eral Liability;.Insuranc in_Certificate form with 301 City Hall Buffalo NY 14202 as certificate holder 5. If you answered YES to E,submit Workers'Compensation Insurance,301 City Hall Buffalo NY 14202 must be certificate holder.Acceptable forms of proof of Workers'Compensation Insurance:C105.2,U-26.3,SI-12, • GSI-105.2. Contact your insurance carrier to obtain one of these forms, z6 AtyouG swered 11/4:p to E,Certificate of Attestation of Exemption from NYS Workers'Compensation Coverage (CE-200). This form is obtained online at http://www.wcb.ny.gov. 7. If you are requesting a waiver of the City of Buffalo License fee attach copy of one the following licenses: New York State Real Broker,New York State Associate Real Estate Broker,or Real Estate Salespersons. 8. Provide a list of properties you or your company will be managing in the City of Buffalo.Include Property address,Total Number Of Units per property,and Property Owner(whether owned by an individual or a corporation).Update this list with o 0 • -: h time you add or remove properties. Signature: % = -- D NOTE:False statements made he • are punishable as a Class A misdemeanor pursuant.to Sectio 210.45 of the al Law. SWORN.BEFORE ME THIS Mail application with fee and supporting documentation to: ?S'l 1 may of a r 24 Office of Licenses 65 Niagara Square Room 301 Buffalo,NY 14202 Commi per of 6 eeds or notary public For questions,please call us 716.851.4078 • MARY C.CHAN T Notary Public,State of New York S 602119(.0(1" Registration No.01CH5057271 .Qualified in Erie County My Commission Expires March 18,? ±..dI ACCPR O CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/13/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT James Wright Wright Insurance Agency, Inc PHCNN.Ext): (716)867-6666 IFA C.No:888-875-2134 PO Box 755 E-MAIL ADDRESS:wrightinsurance@roadrunner.com INSURER(S)AFFORDING COVERAGE NAIC# WIlliamsville NY 14231 INSURERA: ATLANTIC CASUALTY INS CO, 42846 INSURED INSURER B: CHARTER OAK FIRE INS CO. 25615 TORTORA PROPERTY MANAGMEMENT INC INSURERC: GUARDIAN LIFE INS CO OF AMER 64246 23 ALLEN ST INSURERD: INSURER E: BUFFALO NY 14202-1407 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYYI LIMITS GENERAL LIABILITY 1410561 10/13/201410/13/2015 EACH OCCURRENCE $ 1MM DAMAGE TO RENTED 100K X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE x OCCUR -MED EXP(Any one person) $ 10K PERSONAL&ADV INJURY $ 1MM GENERAL AGGREGATE $ 2MM �GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2MM X I POLICY n IF fl LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS — AUTOS NON-OWNED PROPERTYMAGE HIRED AUTOS Aerrciiet $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION ub-1c841946 08/15/2014 08/15/2015 X TORY IMITS °R - AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1OOK OFFICER/MEMBER EXCLUDED? N NIA B (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100K If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500K NYS DISB BENENIFITS 900474 8/15/2014 08/15/2015 STATTORY C DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF BUFFALO AUTHORIZED REPRESENTATIVE 301 CITY HALL BUFFALO, NY 14202 James Wright/JFW ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025/7nlnnw n1 Thm AC fRr1 Innn arm rmnicfmrmrl marlre of A(`ARr1 P-147C(REV.3/96) r'-' APPLICATION RELEASE FORM • • E '( ' I a1 i - , TO BE MAILED TO: r , t i`=�; ; 1fJ 1:').-. Buffalo Police Department 2U i I'i NOV ri 12 ,F i`s q: 28 Identification Section 74 Franklin Street Buffalo,New York 14202 There is a$10.00 fee to process this data. By mail,payment MUST be made by money order. DO NOT send cash through the mail. In person,payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped,self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public(or)Commissioner of Deeds,as listed on the bottom of his application. Without total compliance to these instructions,you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: V//4 G,_,/,,, (- To C- R( MAIDEN NAME: SEX: 1 RACE: 1. CURRENT ADDRESS: (-:) F-A, / Ec_..,'��� O d , /9-e.,(. ; DATE OF BIRTH: / ^ ^ SOCIAL SECURITY NUMBER: , ,..3 c REASON FOR REQUEST: e, II tiu, v�V�-(..,C7 (j, / t SIGNATURE OF APPLICANT: DATE: •— ( -t' 0(37 STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On t e 1a4'U Day f V yob& 20 Before me personally appeared 0 Offit4 i l� at) To me known to be the same person described in,and who Execu ed the foregoing instrument and acknowledged the executions they f. RUFFALO, NY liallA fanT MACE DEPT, 41 Notary Public/Commissioner of Deeds *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL*********************** RECORD ATTACHED VERIFIED BY: I\ /�)J�//�(J/�j� LI r t. / 1 DATE VERIFIED ll//9///V NO RECORD ON FILE NOTE:USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. M h Number Year of Address of Units Construction 1 2026 Hertel Ave. Buffalo, NY 14207 6 1920 2 391 Herkimer St. Buffalo, NY 14213 2 1900 3 118 Merrimac St. Buffalo, NY 14214 2 1913 4 127 Vermont St. Buffalo, NY 14213 2 1900 5 46 Winter St. Buffalo, NY 14213 2 1900 6 224 Vermont St. Buffalo, NY 14213 4 1920 353 Plymouth Ave. Buffalo, NY 14213 4 1900 8 254 Landon St. Buffalo, NY 14208 2 1890 9 190 Breckenridge St. Buffalo, NY 14213 2 1880 10 315 Linwood Ave. Buffalo, NY 14209 6 1920 11 242 Norwood Ave. Buffalo, NY 14222 3 1894 12 294 Normal Ave. Buffalo, NY 14213 2 1900 13 33 Winter St. Buffalo, NY 14213 2 1910 14 62 Lawrence PI. Buffalo, NY 14213 2 1920 15 49 Massachusetts Ave. Buffalo, NY 14213 1 1823 16 369 Breckenridge St. Buffalo, NY 14213 2 1900 17 1259 West Ave. Buffalo, NY 14213 3 1900 18 1261 West Ave. Buffalo, NY 14213 2 1900 19 893 Prospect Ave. Buffalo, NY 14213 2 1905 20 244 Vermont St. Buffalo, NY 14213 2 1900 21 340 Mystic St. Buffalo, NY 14220 2 1925 22 129 Weiss St. Buffalo, NY 14206 2 1900 23 51 Folger St. Buffalo, NY 14220 2 1948 24 437 Fargo Ave. Buffalo, NY 14213 2 1827 25 36 Fargo Ave. Buffalo, NY 14201 2 1875 26 283 14th St. Buffalo, Ny 14213 4 1900 n� , 0043 \1r SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 24, 2016 FROM: DEPARTMENT: Department of Permits& Inspections Services SUBJECT: [:Request Approval of Renewal Agreement between [:City of Buffalo and Environmental Education [:Assocaites (UNYSE)for Asbestos Air Sampling [:Project Monitoring PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) Permission is hereby requested for Your Honorable Body to approve the renewal of the agreement between the City of Buffalo and Environmental Education Associates(UNYSE)for Asbestos Air Sampling and Project Monitoring Services as per the terms of the existing contract: Contract Amount: $500,000.00 Your consideration toward this request is greatly appreciated SIGNATURE DEPARTMENT HEAD TITLE : REFERRED TO THE COMMITTEE James Comerford, Jr ON FINANCE. Commissioner /35 f RENEWAL AGREEMENT BETWEEN THE CITY OF BUFFALO AND ENVIRONMENTAL EDUCATION ASSOCIATES UNYSE FOR ASBESTOS AIR SAMPLING AND PROJECT MONITORING SERVICES THIS RENEWAL AGREEMENT, made the 24thh day of February 2016, by and between The CITY OF BUFFALO, a municipal corporation of the State of New York having its principal offices at 65 Niagara Square, Buffalo, New York 14202, (hereinafter called the "CITY"); and Environmental Education Associates UNYSE, having its principal offices at 346 Austin Street, Buffalo, New York 14202, (hereinafter called "the Contractor"). WITNESETH WHEREAS the City of Buffalo, New York, hereinafter called "the City," by its Commissioner of Permit and Inspection Services and Environmental Education Associates UNYSE, hereinafter called "the Contractor" did enter into an agreement dated November 13, 2012, which is made a part hereof an annexed hereto as Exhibit A, together with an Addendum thereto dated July 25, 2013, which is made a part hereof an annexed hereto as Exhibit B; and WHEREAS the Agreement and the Addendum thereto were executed as a result of a Request for Qualifications ("RFQ") entitled "Asbestos Air Sampling { and Project Monitoring Services," dated October 24, 2012; which is { incorporated hereto by reference. WHEREAS the parties agreed upon an initial contract term of two (2) years with an option to renew for an additional two-year period; and WHEREAS the renewal term of two (1) years began November 13, 2014 and will expire on November 13, 2015; and \°6 WHEREAS the parties intend to continue their mutual obligations pursuant to their established agreement; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City and the Contractor agree to continue their mutual obligations and duties as provided in the existing Contract and Addendum for one (1) renewal term for one (1) year which shall begin on November 13, 2015. 2. The City and the Contractor have not agreed to nor do they hereby make any other changes to their existing agreement. THE CITY OF BUFFALO BY: DATE: 2/2 /16 JAMES (IP. COMERFORD, JR. COMMISSIONER OF PERMITS AND INSPECTION SERVICES APPROVED AS TO FORM ONLY BY: DATE: CORPORATION COUNSEL ENVIRe, MENTAL EDUCATION ASSOCIATES UNYSE BY: A DATE: 6�,C ANDRE k.) J. MCCLELLAN PRESIDENT, ENVIRONMENTAL EDUCATION ASSOCIATES DBA- UPPER NEW YORK STATE ENVIRONMENTAL . • . • . . . . . • . • • • • GA2i "--- . \ . . ... • i . ' - .. • .ADDENDUM TO•4t6IIPX. higNI:Oximiwgice:: biTY Or BtIFFA.LOND .A . • ENViRONMENTAL EDIJCAlliON AsSOCIATRi 402 14)R AsiaTa0 lig THIS AancEramr,made fog&day...0 .....:2013,by and between , . . • • • • • The CITY.OF BUFFALO,ittumicipal covoration ofIke State of New York having its . ' • • .1 principal offices at 6$Niagara Squat*Buffalo,New York 14202,0sreinafter called the • . . .. • • Twin); • • c • . . . • . . . •. . . . . . . . . i • • 1 . . Environmental Education Ass°elaies WYSE,having ilt principal offices et 346 Austin , • 1 — Sheer,Buffttlo,New York 14202,(heleinafter called"the Codractor"). • 1 . . • . WITNESETH • . . • ' ' . 1 i . •• WHEREAS the City of Buffalo,New York,hereinafter called"the City,"by its Comitissionar • . . . of Periult and.htspection Services and Envitomnental Education Asiuciates UNYSE,hereinafter called"the Contractor"did enter into an agreement dated that?day of Novønjber,2012,and , . - •WHEREAS tits City and the Contractor intend tofulfill their annual ageement pursuant to that I .. agreement and ". • . i. • , 1 . WHEREAS. certain Irregularities within the written agreement have keen dram to the attention •• ofthe City and the Contractor,and NHEREAS the City and the COnfractor desire to clarify theircatuel obligations, ' • THEREFORE,it is hereby AGREED that • . . • . ' 1, Ilds ADDENDIRvi shall be incorporated and annexed t the original agreement dated the . • . ! . . 13th November 2012. •• . .. . . - • .. . .. • 2 The Contractor shall maintain and provide proof ofgeteral liability insurance,for which the City of Buffalo shall be named as a certificate.holder,coverage Emits for which shall .. • .ben()less than$1,000,000 per occurrence and$2,000,000 in the aggregate. • .. . . .. • • ' . ' • • • . • • • . . • . . • : • . . . . .. . • ' . ' . • . • off :- 3. The,laws of the Mato of New York Ault govern ell;ioter rrotutioirs of this contract,and • I • • the appropriate vole and,Jurisdiaticin for any:litigatieA vrhgoh may a- o herounder vii11 J b ein.those courts located wit i the County o;FBrxe,gtate of.New York,regardless of we' place • of business,residence or incorporation of the Contractor. I 4: The Contractor takes notice of arol shall comply with..SBCT!ON 22g43, Labor Law, • . 'i+ovlsiofs in Contracts Prohibiting Dieorimination cn.Account'of babe,Creed,Color or • National Origin in Parployorent of Citizens!Upon pubic Works;which sets forth certain 3 raquixomentsuponpublic.contraatore,as follows. Every'contract for or on brletf of the ✓hate or a nanicipaiity far the construction, I • Alteration or repair of any public building or public wale or for the manufacture,rale or. • ' • .distribution.of Material's, equipment or.supplies shall contain provisions by which the. , I contraotor witbi the state or municipality agrees: • • (a) That in t`:he hiringof employees for the erg; p rtbanc$ of work wader this ' • : contract•.or any subcontract hereunder, no contractor, subcontractor, nor any. : person acting on behalf of each contractor or subcontractor,shall by reason of ' • 11 7 race, creed, color, disability, sex or national origin discriminate against any• citizen the state of New York who is qualified and available to perform the work to which the employment relates; • • (b)That no cortractor,subcontractor,nor anyperaon on his/her behalf shall, . • .in manner,discriminate against or intimidate any employee hired for the • performance of work under this contra** en account of race, creed, color, • •disability,sex oroational origin; . CO)Thret there may be deducted fmm'the aunt payable to the contractor by the state or munioipaiitiy under this contract a penal'tit of fifty dollare for each pardon far each calendar day during which such person wan disoriented against or • intimidated in violation of the provielons'of the contract; ' • ' (di That this contract may be canceled or terminated by the.state or municipality, and all moneys due or to become due hereunder my be forfeited,for a second or : any subsequent violation of the terms or oondiliorn of this section of the contract;. and • • (e) The aforesaid provisions of this•section covering•every contrapt for or on behalf of the state or municipality for the mamrfaotere;sale or distribution of materials,equipment or supplies shall be limited to operations performed within the territorial limits of the state of New York, . • • • ' • . • ' k - : • • . . 1 i • ' : • . . . . . . . . . . . 1 . . . • . . .. • • . . . , . . The Contactor has stibmitted the eite.fr standfai ilesn2A"Afarmative Action. ,, - . ! Statement and takea natio ofgle City's lidillintigliplel4 willeh*keg Mil& • . contraotor will work toward a hoihrestutilignt ioh goal forrillority busbusi eaterprisc of • — . 25%and WOMee.iNeilleSS oraterpriseief54.;Theiii,gods elrall be itilizoil•for all • •••• . - . , - • purchasing,inefessiminiseitideas aid imitrilotion,. : . : . . • . - . . 6. The CPptraetor has submittedCitya.standind Vos-Collusion Cancation"and • • . • takes notice ofitsiegrdrimeins, • • • • • . • • •. 7. The Contraetin keg submitted the City's standard'Sling Wage Commission Applioari6o , . :. - 1 • • . for Contract'With the City of Buffalo"arid takes Wel ens reqpiesmeaw. • i 1 • • • . • _ . . _ • • ' • gxcept as expresslk set forth within this ADDENDUNI,thepaflos lave not agreed to modify the • • • . term and conditions ofthe Rampant dated the 13th ds,ofNovemher,2012:- - . 1 _ • • ' • . 1 • . • • ' • ' . • • . • • TRI3 city OF BUFFALO - . • •;:• 1 • . . • . ' . ' . , BY:,69.0p4--;/...,;-:%._______,45%._DATE:4/21_4, .. . • . • ! • I • JAMS, .COMBRFORD,II .. t '• • • - . • COWIIVIISSIONER OF PERIM AND ENTSPECZION SERVICES . . • - •• 1 . ; • I • - ' • . • . . . • : •.• I APPROVED AS TO FORM ONLY • • • • • • . • . • . . ' • ' I i BY, ., . • ,,, . • • . . , . • ,' g /AT' , • DATE.,. V i• 7 • • . • • , . • CORPORATION COUNSE L ' a h•:ht..% .'...1....k.,••ii•,I ;I,•:• ..14•1•01.;•ilk71•41111stilogtind - • • • . DEPARIPtigkiT O 0 F n.. ,1.11'.i' tilli) PONTBOL . . • 'nitwit° " .. klk.t ' .' " ' • . .. ." ..iit'„7001•1:onun; • 1 • i_..10isittihr::a44 .. • • . ••• • •• . . . , • . ••• ' • 04/1) .607147C"'IACiT INT67"-40.0.01fq 7 ' Datetk . It ,„,, .................. ..... .,...• •,,,,,i.. .)„,,,...ii. . 1 40UNT$Lao an (1.!4•10-i--:::'':: • 7,7-Q,,,rvii •IT•—".."--"'"":"---- --- ""n"--------'""4"...-""' • ..I. . . • . . ••••••••:••".•.• . • • • •• • •.••• • • • • I • I . • • I . . • . • • . • I • • • . • . . • • • • • i -• I,7:. , . . • '42 ' • $ . . . i ii . . 1 . . EVIED11- !A NTAL EDUCATION ASSOCIATES UNYBE ...i , • ..,ii . . ...,,, • . BlErk, ur ,-• • . DATE: 1izs-: 1,2 1 • _ , . . • . , . . AN-01)3w J.1..-'-`.----- . •. ' • ' , ' '''; ":.'&'''''••• Ivitc-i-i-14./AN . . . I , •' ': PRESIDENT;ENVIRONMENTAL EDUCATION ASSOCIATES • • I : . i • 1 • • DBA-UPPER NEW Yo STATE ENVIRONMENTAL . . . , , . . . i . . . • I • , .. ' • . . . . i • . . I . . . . . . I , ' . . . • . . . • . I , . . , . . . , . • 1 • . • . . • - • . , . . . . ' • • . . . . • . . , • . , • , , . . . . . . . I • , ' . • • . . . . . . . ; • . . , . . . . . .• • . • , . . .. . . . . • . . . 1 . . . . 1 . • . . . • . i , • . • . . . . . . • • ' . . . . • . . • • • i ' . . . . .. . . . I . • • - • . . . ' ' ' • . . . 1 ! . i . . I , • . I I • . , • 1 ' • • { 4, • 1 • I t I ,. r i f • . • • • • • day of 1 2012? between. 1 • .... { N . - • 1 l' • . A'muriilaa,pal corpoxe .on•&a 4510.0un1t of:mss 1 1. .&ad State of New Yo4,, hereinafter called the " ty" kr its i i `i • • Co :asjcner of Permit and %lapsati,gn • I •1 ,Services herei,naftet naked the ''Othei LsejulnBrrr r' • 4 r party of the tint • - • • • • Environmental Education Ae o ates , • s t • 346 Austin Street ' --,• Bufta1os New 'York 14101' i A Ccmlr$ey authorized to do business in the City of Buffalo; State of 1 • New if:pa hesainifter ta1],ed•the contreatarrr. gureuant to the order of the Coimnie ioner of Penett and,tnapeation • • • Services the following proceedings for ASbaatoe Sµxve o, Asbestos Air Saiap],ing and Project Monitoring Services gee ass foi1mws: • • Total Contract•amqunt ie not to exceed live hundred thousand . dollars ($500,000.00) to be paid from account 36655206 445100. • ' ,. Breakdown of aebeatoa surveys, daily air sanp];ng and project • monitoring is as follows: • • •• • • • • ( • • I ✓�, ' 4 -- Aimed Upon Foe to Pump lutFtOaded a • ;760,00 ' • • ; AtJlll-farroiterBuA *• • A4nfrO$ W-gnaaim • !Ufa)*-2.(1nttguffaw 70.#,iD •� - ,UI Y-Onelltolytienfg a NO 1 .AiegcrfGailyiptiVP0&Ona&V Story NuttBuikHng. 111100 i r t ,' YIIG&.f/iaMO&My-5 (tStWltrB • $ ,00 • • itetter418 Nti ..11voand Ono lit?S ;y4l RIM!fR ' . AS0000•111JR ?na&Ona HattrptmyFrame•lVat 6idkc i 710.00 • • `, ., . • ., • ,I • I • • AIR 11014151011111 :� Budgrotal Fra,AlFatsmenteVr athplfap • 100,00 • Finaltlnating A Cln ForAuNgiton A►rSarspling .Ie pO • Piejaot MonitorAir Sarflpilo Hour Rota gi 83inpI Ar0$rula ' `' 189,00 • Pne]a.MentorAtrbanging Rato&ample/matteis ' : 94,00 • •' *eel inepactian 00,00 u , • 1i . . • • • • • • • • . 1 • ' , • 1 1 ' ' • - . . . . -,I I . • :, \ • . it • A . . . . . . • • \‘6 1 .$ . 1. ' . .. • i ... . . . i • I i . 1 . ) . . . WITNEnnatt . . • • • • '.1.! . .. ,• . . I 1. . AU:Oita!and Contractor., in connitairation of the predises and-of tha ' i tt ma- al covenantee agreeniente ail ConditiOse. .1.1s04,1)0fter contained,— 1 • 1 I* AWES is faliows; • i i • f 1 . . fk-RtCbM 1. CO Ki.....4.... ..at• OMB . The Ciiy shall furnish to the I • 1 Contractor so.oh fust are:Wings or explanat/4:ina av mny /Pa neSlessa.V. 1 to detail:4r illuactr.ata the work to be done, and the Contrast'or•shall . • 1 1 • I onforsa to the stitia as p4r.ii or 1.44 §on,Uagt, 411'4retringti11.4-.411P•00 iI sPemsfithatiOna.ars and remain OA property.of•the City. The pion I. , .. I and requiretents d the contract dcommits altkill be blazdipg upon.pp . . . partiea,hereto.an 1 'though Ionia set gooth in gull., l'n qua or. . . , iI co, ntlict or indonhtetehcy,lietwaen tlin,protlipion of•the egreameet 04 III those of the spaolifipatfi.035, the prevtE inionathe agreement and those. , - of the speoipcatiohs, the prov1sigps of the agranment shall govern,' . . , . • - • • 1 . • .I I • .- , • ' — , • 1 , ARTICLE 2. WORN TO DBLWEELNOD. The Coritradtsr 'Shall furnish all the .. 1 pin , labor servioes, materiels, Supplies, stmipmant, transporroe* ties . and other facilities and.things aecassery or proper for or incidental ! I . to! ii.striot and full accordance with the requiremente of the'oorltrast •. • documents sad with.suoh. further details'and isetrost:ions as the • tionmanioner may from time to time issue tor the•purpose of Insuring the thorough oetpietion a the work of the City, - , . . • . ' • . • ARTIC.T4 3. ••• , .s• ‘ •; ON 01. OV.IIIPANTS AllbRIT!. The contractor affirms • • • • that the contrpt documents.and the sites of the proposed work and the • •te,rritory norrbunding WO bites were oerafelly examined by him before making a proposal that.the ContraCtor was falai informed regardiiIg all • • the'conditions affecting the work to be dons smiths labor and • • . • materials to be garnished ter the cokAplation or the contract, and that . • • no claimwilt be,laada againet the City Py Contractor in relation • . • • thereto. 'Contractor ag rees to include the City. of Buffalo as• • •' • additional insured (and as 1- loaa payee as applicable) on the . contractor's required insurance policies, • . - . . ' • • • . . . . ., . . . , . • MITT= :i. 02 -Oa' C01411,ITIONI• The Contract= shall commendwork . . . . immediately after receipt of a written notice signed by the . . • . Commissioner and shall finish the work is its entirety as agreed to in . . • the contract. . . ;.- . . . . . . !.. • . . . ; . ' . . . • . • ' ' . . . . . . . . . • ; . i• A '1thra S, d,014_,_ ___ 'TO•flE _PAID.00imukcWR. In eateideration of the. • feithft L trerif9011an06 of this agreement by'the ntetor, th© City•will.pay ! •;1 to thio•Coat/Actor. the .auie:riot to exceed five'lameraid thousand dollars ,•000.0D eoprovided in the c ontraot — � ($500I � . -bub� �, however to:deductions asp . documents, .1340h:p yment to be;lade woe an ssdigidw7l baaia out of funds raise ' , d t tuloat aside or a hltentvise ev37s7isu meet aid defray the expenses •of.the wok or improvement, and shall be.gayable.oar upon} the certification of.:the•CO asioner that the work orixevement has:keen•ovtpple ci•and has . { been b am/opted tedat a Y on behalf of•the.City.ale paylie on'tlil,s cloatw.t and 1 no oer:tifitiatre *hall'he deemed on the part of the nity of defective - workmanship or improper raatsraal,a weed by_"the Coatraator in the performative of thin pont32aoti, oar as :at waiver Of any either kaaanb(of this contract. . • re't afpayment will be *de under this a reale t its Contractor snail ! bl t1h '+'4eliver•to the City wr; t ten verified statements provided for in• o -- r I' yr rilige.ala defined in Article •2, section 96-19. oitd and Contract! of • Che•+ob rter Os dinanaee of the City of Buffalo, certifying to the mints than: . Tine,dl Yiiippi.d'by each.Centraotore or.4is•anbootitraotana Moder this agrseaant • . tciz.! Gly'$y weekly wages to•x11, laborata, workmen and m atha:tios Toyed I ander.thy•mgreement for pa:foxaaemic of the:work at the site thereof or to -- •! .I. ;AbetRttr oiie for materiels, equipment,or auppliea delidetb4 do the site di. j , •work. i 11 tttx O. AC, 'P^'k Pk':'N.. •• ..t.11, itpon the cart~; L='ation by lite . • • 1 CorallitaSiMat of the aamp•Lete.gaxtorm•t,Ae of:the agreement and the aooeptanuo • • i• of the work on behalf of the;ilitl►r the ccanpenhatinbt agaeeol inion tie sunder - ' shell be paid tb't ae•Co it,mi tdr:. I• • ' • ; ` jr . 1 . t ' o - ARTZCLN 7. L'IN4 gA PJiit! DS! CT1r. The aonaptanoa by the Cotrector of 4 e the•fine .payment alisll be and shall. aerate AV a r a.1•eapa to the City of . • Buffaloaall an end all liability for 671 t6icga dome.or perforaed far • or•relating to the work and for each act and neglecrt of the pity or others ' relaiiug to or•ariainy out of the woak. , I Y . A171PIoi+N 8. 9A10 LLn'!'I0N or AeRSICONT. The City emy, at its option, deoleia ' • ,_ • the Contractor, default•.and cancel this agreement for any of the following resume; , • 1.. .Failare to Commence Work – if the Contractor fails to begin work . when notified td do so or fails to complete work in a timely mltener. '' • 2. lneolvenoy – If the Contractor becomtes i;,iuolvent. • • . ' • t 3• _Bankru• Gy- zf proceedings in_ban'sruptay are instituted by'or.• ' agatnet the Contractor. . • __ d, Btppie a)taxtr p,xuceediltge - If pzooeedinge supplementary to eweoutten are issued against the City. i I • • , r. . : � J • i • ' . .-T,.- _,� PlC141 n the 004w:icCor ata1.1 cams;axl.operatiopa • OA the Nark bx imgxoa4tenta herein•epeotfiierl for three f9) . conaecnti a days. ' . 1 6• ail -';q - the ilontreato eha3 L Rotaagot treks .e 'Atrgeffiant .TC x, convey, : i�Xet, .or ot}he ee di$PoSp ci' this gY96Ai0IlL' 0> lig•.rihe► t•ttla;ar i�ttteae tktdttain; or his•npai6x tc:e�cepufe the - 1 same tiio any ether.petason,'Tinto•ox corpoxStbn.Bittlotit the pt:eatiibus • ' ' • l . UUnehft•in vWtthng of ttit.c(i.ty,. -.The ii& nt'of'this oorkraot to 1 NIX•�arao}t, fir.*,em gtjvppnatign by hills a.p oggeol. ego••sabre tined to•• .! AeAy *r the Awe Coni neat s abaolet y.ppshili tedi' td.the a . . nhaoting c ►y'part Of the float or eexdioes uhgelr thte . >StohVgalo1 to et&+ suo s varaon, firp or vPgcetion is abspluhay • . . •• RF.0':0114€, keg A=i?Nogded WW1 not..ice• uai!a and • •the City pair Wawa y loth&pm-kat ie of thin Wee twit cr of . • •i . the #'s3Citg is si+5�tit'�!dtintn iii Villa at 'ktit cf aro; atifhu.t on•hhe;part Of # i - 1 . . no Contractor. • 1 , • UTTGtiE 9, 117.01110 at Any tittle there shall bs'avicenc of a lien..or: oialm • - i • ' I 1. •i filed against'the Coatmacher4 the City ahall•have the.right to retain out of ! • . ; j .any payment thesi.dile or" tbtsmft*•to-baaolr!a due, en amount alffieient to 1 completely in► #:ty the City.agrat•au4i lien or olaiu. should there prove ' to be•such lien Q • ie,�ie 44 ter Ana p, meet is mads, the Cottzaator end the • • i surety or sureties on the.lerfo nos bond agrees to pay to the City all - ' monies tat the latter gay tib oomileileci to pay it diaottergittg the same. • • j . • i •1111TXCLE lb, ?N ffii$XY t7� Y•4•The Contractor anal finder nify and save. . • . ' hsrmlees the City, its offices and einglayeea, from any and all damages, ' ; darner eats, a:time:and doste.because of•ho$ity 41uriso or•si,aknesa, ! . • timidity detath', 'ifubtaL,neti hl, anY Pescara;► or psraob's, Wad from damage to or ' • 1006 of p opezt r, ino.Zuding lose of use thereof, arising dI.reotlyj or • indireomy.put cd' ma tia�ntniad in tl$n contract and caused by the - • • - •negligauce of,the Contractor, hie officers, employees, or servants, .or the • negligence,'lichee or p enLva, of the.City, its officers or eniplayaaeb, or • . from'any combination of. the.foregoing causee. The Contractor shall protest • • from damage.all water, sewer, gas or other pipe and conduits and all 1. • .• hi:elude, polos, winces 'or'otsher property liable to biome displaced Or daamdghd by reason of the pei: faxmahoe of the work under this °ctttveat and shall indemnify the Cl-by against any o7.aim or eoeo= thereof. .The whale or • . • • • • • so munh of the remise due or to b000ao due under this comtraot no atoll be Considered necessary by the Commissioner, may, at the option of,the Citic, be • •retained by it until all .suits or °lasses for danagee shall have been nettled • • • or othem see diegosed of as evidence to that affect t'.urni;ahod to the • • •satisfeotion-of the Commissioner I • • • I I • • f • jAAT LC; 11, Mp�1Gp � A$•d13�i Orn�xtamrR :tPo�79rr waxkmHa o= j j • �chdrLt o in f:hA P•I9Y the 1y9;1 � gu ontYa0�Qx yr other•person•'dci rg Px } aontreoting to-do the whOls•or a•pert of the tto»k••rout nplatedd by this •• • . f aontxac* shall t o Ver• teed or retiuirail to'work more than five (53 days in • 3 i.. ahX.oris Whet arca t in ! • '1 F., t1 Ox firer i;b,1444 os of gxt xao? a9py'ery $er�aYr tga?ucliag Fixe; • Pr x lC. •:pnnh labpttec•,rroarkman or meahanio . • i • • toys h&r the Contractor, ant raabbr ox other person on, about 41;upon • i . the work to be perfoilied uir's'teh'thiis contract, east1,be paid the T,iving 4ge ' . as,stated in'AstiO3 e 5 ae a4r�gd 1hergin,' - • Li i la. the hjX1g o. OV105tie ;for a P4pfolenaa•of the work under this • • !. ,' cntract ora,pubnoetxaat hereunder the:Contractor, atheontraot o^'a•person' • acting arbeTrtlf•of fife ctinfeactioki at' elifebefr'acter shall not, by iesoon • • b.0@� oxssct, c�S�.Q$ or rational.•o i iil� t3igor that&against;a oittze of the j I . . United btateg of Yeaeriaa who•iio !slit led:end bailable•ho perform the work • • — to Yfbiah the •empiciement reg ettseey• e Contractor, eubtOutre:ator or.a person ' • ' catling on behalf Of tire Octtthrautoi or sfiibaaritrantur shall not itt any mariners diaoxiajnate o,ininet or infinpt.date•spy e n cyee hired for the performance of the work under'this•Contreot on aesssGu t a race, oread, color or national ' ' - • ..origin. 'The tion uant'or &fides that there lily be deducted from the amount. payable by thi City'urt r tiltis Ooiltrad$ a penalty.of five dollere (MOO) for • • • eaoh,psreon for gavh c vffar tiAy.ilgrdng whir&•such pexscis was discriminated • against o, intiioidatd in,violation of the provioiuns of this contract. i • ' • • ARTSfL5 12.'i¢ORE•22.VG CO l 5llfitlT$ON –•This cont raet shalt be•void and of no • affect'unless'the Contractor shall seance hos aneatton insurance for the • • benefit of, and keep ineured during the term of this contract, the emli!oyese • engaga<l an the work perforeed tteraunder as fixe xogiairod to be insured ay't he •. • provisions of Chapter 41 Of the Laws of 1914 of the State of New York known • • as the t9ar men's Compensation Law, and the acts emendatory thereto. • s AnTY.One 1.8. lit:FUa gp T>n;3TxE'YOli0if3•iP8P5Jc ule`3t,p 0190tit::.Ya�r�n>sIot• • upon.'refusal by the•Conteastor, or.if.the Contraohoz le a firm, partnerahia • • or corporation upon refusal of a•pereon who is a manbar, partner, director or °Meet 'of any finis, partner ship or officer of any firm; partnership or • • • • corporation of which the Contractor is also a member,'partner, office, or . case , where talked before a Grand Jury, head of a city department, or. other city.agency,. which is empowered to compel the attendance•of witnesses • and wading iia.that under oath, to testify in'an investigation concerning any hrapsaotitn or contraot had with.the 'state. any leittjca1 subdivision • • thereof, a public authority.or with any public department, agency, or • official of the state or any other political anteivisien thereat or of a • puhlie authority, to sign a waiver of ammzini.ty against subsequent criminal •• . • • • .prosaontion or to Annswer'.any relevant questions concealing ouch transection • • or aontraot, the contractor, such other person, and any firm, partnership or • • coxsoratiot of which he is a member, submitting bide. to or receiving awards from or entering into any contracts with the City for•goods, work or aervioaa • • • H i for.a;period. n �! ve �, . j' ( } z A 8.l9 •r' AIA it at the op•F+f n d�' ttig CL�y X141',be.conseled or terminated'without Angara:10W irege1t.1►;or•daces Utt } aQlit oi"6uiib oe>iCelaiin o tsxritsitici yaSA, .hQsrer,•that . .. • @ Y .gt:104i@ d d,�gpQd or iial gone.p.for-te Alanval7.ati90.'. Rri a ddn ieha7 i 'he km, 31RTX01,s 14, Ah .• : WN.el.a..a u kk,+ ;. ,t. •-,i11 grieStLong, .ditiFerancea, 41 •• a co i rovers es:whish eilijir 1,t°lAth'iiihii'he-City end•thematxaotor, in r000renoe to.the I'>:adduga%or r ,q a ''49 the *MA0 ii ent'ad mearn ng.Q • • i any:o¢the PrgX 4pw cit� e #o en'bpi ncitoottient or specification, et in ralovao a.1 o he•took*®raised a leie 41011txeatos: or the compensation to • • • be paid fhore oi' ,.. e31 be gait/. aia Aty tic torriedellet of Pe lite end • Inspections exkio�ra a City s'�q!( and hip dab aidd shall be final, : ! ' binding andnAgeivah e'W on the pe isa•bevotc: ,. y t j r i S ,1 r•• , ' :;v • . • . �, , A , • . • • 1 . • • • • • . • . I . . q` I[, 7 P 1 • t\ 1 1 • • 1 t .F I i tl f' .i a _' 2 1414"Ni g ,, { � +'fig' ', t tattradlott*tuna gIt1 0 'jj daHo9 trdp �yat?oiaitp4•ght.hod 0 m ik ndtand tit th9 �edx atts. ii `:' " r i . il . . ' .I - 1'• • 1 'S • r . 1 MEITzNR. or MOOD AND IAA�'�ONO exam. • `• By. • �• .iAed. • t • j 134411 p•1,-.- AM OF ENP2iDOXIDMAT,NDITOFAMIN ADM • S •. I • , t • J Y • • 1 . . 4... t . 1 • I 0 1 • 1 i I - , 1 _. •- • ' '':: .':....:'':''' I. , ... : .. . .,,. .,,.., „,.:.: :.,r, t. - . • '6 . • .: • •••:i •••,,:. ..,:•.:::. ...1::.;;::: .: .. - • , • I . - 1 . . . , ..'' '' .'L...:.'':•.i•••:P•'•••••:•••::::'-: ' ":s..;,;ir,:ic,:uqlo: :,,:,:,,;,.-,,,-:„.,, ..;., . . . . ' Clv-q i . 0-i::.''.:"'• -. ... • ' ligtttiit''''''': ': ' • ..- • . :, :... - -. . . . . .... ... . ..,_,... :... .. ._ _ .....„.,, ... ..• ).-100)*90.f.itterit440 Atiovio.§:PF:vitos .,,., • : :, •i ••: ! :...';• ••,!;:- "E'lir::!;1••t'i.:'X.:Rf1ttiii1, '.' ::: '. ..,,,.. :.:.1 •1: . : • ,..,i,:.; : • . _ • .. -J.!..';AYAtik0A49:t o .,‘,01,141. ,„,,.-p;?!.., - - .A.0.40404100.1404140 * 0 *140-010P404 • -- .:,, .4..„ , • '',...r Eli '' .....,.,„ ••••;••••,,:.„,...:,:v.g,,,-,,-T-,,,,,---cob•+,:i.z.,4:-.44.1-•:,,:. s,r - • •' • , ' '''' iir.' i. :: -0410. -....9*-40...44-'P);,1.1.,!':.'9'iii111. -.0•Nillii.piliNAH-414141gHtli.ii„.•:,,f)iti;!•61,9.':i..00,i Kr1'.1:•::1; .1-...0,..,Ii.:-.0:1,,o:.. __, ,. ;t.:,.-- i'• • . • •lubt•iiturooleicooloitioffoxiioNtabo.:theow-fig,. • .. ., !;.,:-',. . ,: ,. ., . . •,.:.• .:., --.: -,..,:....., ;:,,....,.. .!:1.:...:.:.,,j:y.,..,,,,:i•,:,..:. .:2z;I:!J::,,,,4.:',.%•7.2v.:R•!,_,„_•eq.,..E...,,,: -• - „- .,. .. ,:: -,•• • • .- " -• ' - -••- •,--?•••,,,-...,,...4,w,-,..:If.1.:R,•,:,,;.,,,,,,i4.,?..a,.,,,,.,,,v, ,• - : • •.: :... ..: .. • • i. '11j4ity:00,(46):000:00,i,kottpitiOitidiiitoNWOR0040:040.01,1,04.40: :ii, si,.:, . , ii.oiiiiiikeg4114iiigOiiiiiitiflpit04(514444404.0.:iikti.40.0403#440* . iiii4i., iitiiibia. biliOfijiiiiitifeW*Wattitiegtif.000:0***0*10110•34: ... .:. . 1 f .0 ..)1:0:tii.4i.iiitiiIMINiii.':.604., 104.C..:r1gitli*:100gi. 1.046:- • :L. .Vailititt6itaik*Iiiiiiii*Oil650140;b4,1iii .'liii:000,0404:101'411:60.;•::,-- ' '. • ...; ::,: : 1 1j..c:..r.:6-11blisifif.i4tOr' AMC V;(1:-L...::0401101104--, -;''41;'• 'fr4:4`'' ....'''4..6i.....:'''.. :: '. '-(l! I . :!.':!:'.9.1'.f.r 1 147;;:,i'l-,•-4!h.geilir ii-ifi ',',1,..;--i ltgie0gMfatiffillortablitsit(11 :,. , :,, -n,,:e'•17}'.1;-".''....:. ..:'''''''.'''V ...i:e*„..e.•-.'''I's.''...:,i•'-:!......7.:•i7 gfir.,,;:.,,.•:i-A.;;Z,,4,.4.4 :4•'....''' .'-'" ''.•'-"''''...;11G : : •• gittafigrIt ' • '. • : '• • '....' '' ' ..••''' ,r...:':' '•. gr.. .0.trUitOiCAUONA.04..gcg9:41'..0*******Ost be prooeit$i itom0-41. ., . . i';,:•- i i )...plia....te.::::'0.Via. 1. 6-. tit:at 3/40.;'111110..AiP,".'tiis141itt..),..4.,;....4,Y. yoro.:..:#,g......epso.:pr.010.8.stotit ...eigiiiii!.•,i4:44iiitki.iiii. si..,000'.0114,4104000$; PATt.0oEtinotition. . ,,,. soomorty-pw .. . - : . ,. .: ......, :.000.4tovi040,WP0.000:0.:4$06;4littOW*14***tOtAlctegi, . . . *46.iiieiitt0.411411044Pf140;4000400kiaiili011iftiiid*It . , . 1,400104010gitliailtag414101atleO . • • litiotk •. I. . :. 1 . tlkAbitieti0..tiit416060;00061-0001.0cerf-0440004:04#01404 s .. ,. teit0108i I:IVO-0,49*r fropt*Otitityg'**wog:otNititti.,itid-fintit*Form- . . litfoitlipt4tion."dontpititrOu of abatementgoffyitig • .. ......:.- .1 • ' . , ••....• ....•,,•,, ••... •, ' MOO*0.6ktoi Aitionigle4.:04101).y R11,4gp contrast"*tosoOt(Tic.g) . I ' " . ; f: . ..i1.0110:40ggatgAtbaelit Itaittatlift., „ R • , . • CO.40411:001:02.4100114 glittail:0100.300.100.a70.-in badibatethen..t. work areas . .. .:114010•0111inOndenietit 4.1040:.41)Ate1ptAd tiviti...0oi.p.M•oot4if Wip144 , .' • - • iiiiitogi*crii4fitsilotivtit*atiditit0 tioataiiattifa00:viipo:smptg upon ,...._ . . • .... • . ti:410.op...bliabotopieot ftp4v4494pm. . : . . . • : . . . . ' Alitayoe keitair am.:Rofnue:wipe.g poplos ugpgilatue atoroic absolvion .0.0trootty ykiAS)i . , '. i . • . I • Vtvi.i4ate atidAtbiniti ttoii.toles•oft°projo,dlqe,:pot doctunootin Ail I electronic fount AntiuOludoiritie follovii. 00.0faitiattom, li i ' • . . . . . . i, . i . • . • J . • 1 . ,, , • . • O 0 4 #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: February 10,2016 From: Department of Economic Development,Permit&Inspection Services Division: Office of Licenses Subject: [: Second Hand Dealer [: 1983 SOUTH PARK(SOUTH) I Type in Upper and I [: Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. (Item No.xxx, C.C.P.xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1983 SOUTH PARK and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of LAURIE MAGYAR The attached thereto for LAURIE MAGYAR/LAURIE'S GIFTS AND TREASURES. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. • Type Department Head Name: JAMES COME'Jr ORD Type Title: COMMIS ION:R Signature of Department Head: JC:PS:jd Interdepartmental Memo Date: February 10,2016 To: James Comerford, Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Second Hand Dealer at 1983 SOUTH PARK Per City of Buffalo Ordinance Chapter 254,the following is a check list of requirements for Second Hand Dealer application to the Common Council: Application Application Notification U Building U Fire Zoning U Police Department Police Record Check l f .,/ 16 Direct Perm : Inspection Services •ate } CITY OF BUFFALOe° SC 65 Niagara Sq. City Hall Room 301 Buffalo,NY 14202 ,PI 1 kA_ ," Phone(715) 851-4078 Fax(716)851-4952 1L b yF� �"�' All information on this form is public record J a(0~1 c,rvoF - BUSINESS.LICENSE APPLICATION �'�> � ,a,fee fee • 0 Used Car Dealer $262.50 0 Tire Handler I $118.00 Tire Storage Information COMIVXQ,. COUNCIL,REQUIRED 10-1000 tires. Inside Storage _yes no r� e� u rzby �1,#'�25. i s.�try �,.. 0 r*1 ay��!t it e r 1.1 Z,00) 0 Tire Handler II $262.50 Outside Storage yes _no NIANIA ® y�• ® t i e' . t` Include NYS Environmental Conservation Law . 1a rl-ate.�° ,. :,at,,xdi.: ?r\ APPLICANT NOTIFICATION ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed by Council Personnel by the applicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. License Application Address j 763 36L iA4 i k 4 ve Buffalo,NY X31'/0 A17 010 DELAWARE DISTRICT— 1405 City Hall ELLICOTT DISTRICT- Darius G.Pridgen 1315 City Hall FILLMORE DISTRICT- David A.Franczyk 1408 City Hall LOVEJOY DISTRICT- Richard A.Fontana 1316-A City Hall MASTEN DISTRICT- 1414 City Hall NIAGARA DISTRICT- David A.Rivera • 1504 City Hall NORTH DISTRICT- Joseph Golombek Jr. 1502 City Hall .. SOUTH DISTRICT- Christopher P.Scanlon 1401 City Hall UNIVERSITY DISTRICT- Rasheed N.C.Wyatt 1508 City Hall r; 7J,, M Councyl Personnel I - ' . 1 e r r 7:. .• . x � :1:1-, -..11:6,:.,,,A • r..r . -..-,-,-';':: -.'1,:,Vr„,:41',V1 6c.f,, B r<I thl...Scryrro. • i - � v� lr � F1 t� e,g71r. � �, � 4 �t • S i A . + r Y'-147C(REV.3/96) APPLICATION RELEASE FORM TO BE MAILED TO: BUFFALa Pact, DEP Buffalo Police Department EUF ,�(a,Nrr�er�r Identification Section 2015 DEC _ . 74 Franklin Street } P{ �� Buffalo,New York 14202 Q There is a$10.00 fee to process this data. By mail,payment MUST be made by money order. DO NOT send cash through the mail. In person,payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped,self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public(or)Commissioner of Deeds,as listed on the bottom of his application. Without total compliance to these instructions,you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: 1-A Ug/E. !'`a 9 yo, R (gAt�i teL AIDEN NAME: AarigeEsdo SEX: P_ fl CLe Q ` RACE: W A ; ..i, Q... CURRENT ADDRESS: d //' 4 . I Ji I. ` - 4. . - . DATE OF BIRTH: SOCIAL SECURITY NUMBER: - REASON FOR REQUEST: b 45-/ /2 Q.5S SIGNATURE OF APPLICAN • Ci_4./.-4.....-D �( DATE: 0 ' � STATE OF NEW YORK ) �/ 020 COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the 4-rtt Day of /the I 20 16- Before me personallya J- 1L(�,(� /j/j ►ryeA ppeared '" e �ja +1 a rII �LK To me known to be the same person described in,and who Executed the fore oinrii�Inktru g g went and ackno ledged the executions the :of. BUFFALO,NY / / C.J6 r / POLICE DEPT. NO RECORD Notary Public/Commissioner of eds *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL*********************** 1-1 RECORD ATTACHED VERIFIED BY: TT—AC/LI VO; DATE VERIFIED: /0/1/// 7NO RECORD ON FILE NOTE:USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. - 004(GO #1 (Rev. 1/93) Single Page Communication to the Common Council )6° To: The Common Council: Date: February 10,2016 From: Department of Economic Development,Permit&Inspection Services Division: Office of Licenses Subject: [: Second Hand Dealer [: 1983aka 1985 SOUTH PARK(SOUTH) I Type in Upper and I [: Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. (Item No.xxx, C.C.P.xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1983 SOUTH PARK and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of RICHARD MAGYAR The attached thereto for RICHARD MAGYAR/SOUTHEND FURNITURE. This request is submitted for your approval or whatever action you deem appropriate. • REFERRED TO THE COMMITTEE ON LEGISLATION., Type Department Head Name: JAMES COMERF 0,' A Type Title: COMMI ,NE Vw Signature of Department Head: JC:PS:jd 161 Interdepartmental Memo Date: February 10,2016 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Second Hand Dealer at 1983 aka 1985SOUTH PARK Per City of Buffalo Ordinance Chapter 254,the following is a check list of requirements for Second Hand Dealer application to the Common Council: Application Application Notification U Building U Fire Zoning U Police Department Police Record Check )) Il� Direct Permit Inspection Services Dat- • ' CITY OF BUFFALO PY, _SLAC a,-_,=----11,: 0 65 Niagara Sq. City Hall Room 301 Buffalo,NY 14202 '' Phone (715) 851-4078 Fax(716) 851-4952 ), , 1 0 0 a1 s ill. co All information on this form is public record c_ - BUSINESS LICENSE APPLICATION fee fee ❑Used Car Dealer $262.50 0 Tire Handler I. $118.00 Tire Storage Information C MIVION COUNCIL REQUIRED 10-1000 tires Inside Storage yes no "Second Hand Dealer; $118.00 0 Tire Handler II $262.50 Outside Storage yes _no COMMON COUNCIL REQUIRED Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability ❑ Scrap Processor $78.75 Insurance at least$50,000 both for personal 0 Flee Market fee COMMON COUNCIL REQUIRED injury and property damage,must contain 10 1-10 tables $ 78.75 day cancellation clause with the certificate 11-25 tables $155.00 O Wholesale Junk Dealer $262.50 +26 tables $210.00 COMMON COUNCIL REQUIRED holder as City of Buffalo,Office of Licenses COMMON COUNCIL REQUIRED Room 301,Buffalo NY 14202 Corporation Name Business Phone(N(6) Sti F-ocLi-cf Business Name(dba) SO La N\_N)0 Ft IQ N,4- re- Business Fax ( ) - Business Address(no PO Box) /Q 83p 0 Let-H pa v'f._ pUI. 8 V p.A(0 ," ti, /efz,z„c) Av,A.-. N3 Mailing Address(if different) NYS Tax ID# g1 b'?`ftz Z..6 Business Website E-Mail Owner(s)/Principal Partners Applicant(last,first) M 4-&.y -i2 LQ\c-kcLt/'d Home Phone Home Address: (PO Box not acceptable) / 9 4 /4-e44 6 c dL sr A t,9(-FFQ.Ccs M yl /qz2c. Date of birth Place of Birth iR t,F F4 (c) /V- l/ Co-Applicant(last,first) S Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. 4...Q A t ,,- -AAA,Jaki•-C, C sw ��to�before�me I am aware of the obligation to provide timely notice of any change in required Subscr'bed and this ;`71-..d off= "C,,, O (ti 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 Commi iioner of Deeds in and for the with the business. City of Buffalo,New York 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. Print Name i'Ztait.a.✓`& Lit 04alciccu'' Signature 14 ('`c-- Date b-C, WYE x b�j> 4. 7,...,-,,,:,,,,,_, tt k?:-�.�,tu. .:;,. * lr .„, s :4x _ fieie ` L ,a,c r1 �- ._ { 0 �;.t`11i t 35 §'' 33 �'!,1 ai - xt ,s147fi}}5 .F d pFJ t 7. 1 . �, r r:i ''":v.... _t�� -, cy - fes' • • • • S. , . i nn APPLICANT NOTIFICATIOIN ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed by Council Personnel by the applicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. i<ikpie License Application Address r 1 � ��tiT` P Buffalo,NY )9`2 2.c� DELAWARE DISTRICT- 1405 City Hall ELLICOTT DISTRICT- Darius G. Pridgen 1315 City Hall FILLMORE DISTRICT- David A.Franczyk 1408 City Hall LOVEJOY DISTRICT- Richard A.Fontana 1316-A City Hall MASTEN DISTRICT- 1414 City Hall NIAGARA DISTRICT- David A.Rivera 1504 City Hall NORTH DISTRICT- Joseph Golombek Jr. 1502 City Hall SOUTH DISTRICT- Christopher P. Scanlon 1401 City Hall UNIVERSITY DISTRICT- Rasheed N.C.Wyatt 1508 City Hall (1.)2-t.t* PA council Pers nel • P-147C(REV.3/96) APPLICATION RELEASE FORM TO BE MAILED TO: 8UEFALQ POLICE t7" Buffalo Police Department Q.i' Identification Section L615 DEC . 74 Franklin Street } ' 0 Buffalo,New York 14202 There is a$10.00 fee to process this data. By mail,payment MUST be made by money order. DO NOT send cash through the mail. In person,payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped,self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public(or)Commissioner of Deeds,as listed on the bottom of his application. Without total compliance to these instructions,you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: j(1\0,4 (1j • ( ,c t MAIDEN NAME: SEX: /Pt/A `e RACE: e ' G9 CURRENT ADDRESS: '14 A-M4ag 5T. f DATE OF BIRTH: SOCIAL SECURITY NUMBER: _ REASON FOR REQUEST: }. SIGNATURE OF APPLICANT: Ajj DATE: 11,1 t l STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the I-h Day of ' 20 ) Before me personally appeared Lh' r G C . n7 G elt r" To me known to be the same person described in,and who Executed the foregoing instrument and ac o vledged the executions thereof. BUFFALO, NY I. POLICE DEPT. Notary Public/Commissioner of Dads ****** **** *******RECORD ATTACHED TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL*********************** Eis-j RECORD ATTACHED VERIFIED BY: - I , c DATE VERIFIED : 12 I Li I•-1 S NO RECORD ON FILE NOTE:USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. 1 -O\ BUFFALO POLICE DEPARTMENT CRIMINAL INVESTIGATION REPORT DATE OF INQUIRY: 12/04/201512:05:5 THE FOLLOWING REPORT IS NOT BASED ON FINGERPRINT IDENTIFICATION AND INCLUDES ONLY ERIE COUNTY ARRESTS. NAME:MAGYAR, RICHARD DATE OF BIRTH. RACE:White SEX:M ADDRESS:218 OAKMONT ST BUFFALO, NY 00000 BUFFALO, NY 00000 SOCIAL SECURITY#: PCN: 03757049 NYSID: BOOKING/ALIAS NAMES: MAGYAR, RICHARD J MAGYAR, RICHARD WARRANT/WANT INQUIRY-REFER TO WARRANT#: • THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION RECEIVED FROM LAW ENFORCEMENT AGENCIES WITHIN ERIE COUNTY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 02/02/1984 BUFFALO POLICE DEPARTMENT VTL 509-1 REFER TO: BUFFALO POLICE DEPARTMENT • NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED,A NEW INQUIRY SHOULD BE MADE. PAGE: 1 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY& URBAN AFFAIRS March 1,2016 • 0 0 �� <<y 114 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE BUFFALO COMMON COUNCIL DATE: February 25, 2016 FROM: DEPARTMENT: ADMINISTRATION, FINANCE, POLICY&URBAN AFFAIRS SUBJECT: [: Buffalo Municipal Housing Authority Grant in Aid Agreement PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx.C.C.P.xx/xx/xx The City of Buffalo's Grant in Aid 2015-2016 Budget appropriated funding in the sum of $250,000 for utilization in assistance to the Buffalo Municipal Housing Authority (BMHA). Attached hereto for your Honorable Body's review is the proposed grant agreement between the City and BMHA for the issuance of said grant funding. Pursuant to the terms of the proposed agreement, BMHA shall utilize the grant monies to assist in the funding of the operating deficit related to the Frederick Douglass Associate partnerships (Frederick Douglass Associates, LP, Frederick Douglass Associates II, LP, Frederick Douglass Associates III, LP). The operating deficit will be calculated before any interest of soft loans and depreciation. For the partnerships that have a mortgage on the property (FDA II, FDA III),the operating deficit will be calculated after debt service of the mortgages. Consistent with Article 7 of the Buffalo City Charter, the proposed agreement further provides that as a condition of the agreement for the payment of the grant funds, BMHA shall accept audit by the City Comptroller of the performance of the terms of the agreement. The department of Administration, Finance, Policy & Urban Affairs respectfully requests that this Honorable Body authorize Mayor, Byron W. Brown to execute the proposed agreement with BMHA for provision of$250,000 in grant funding, consistent with the terms and conditions described herein. ':EFERRED TO THE COMMITTEE Thank you for your consideration in this matter. , FINANCE. matter. N(61i, /�_ ' DEPARTMENT HEAD TITLE: ' issioner, Donna J. Estrich AGREEMENT Made this day of February, 2016 by and between THE CITY OF BUFFALO, a domestic municipal corporation, having its principal office at 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York (the "City"), and Buffalo Municipal Housing Authority (hereinafter "BMHA"), having its principal office at 245 Elmwood Avenue, in the City of Buffalo, County of Erie and State of New York. WHEREAS, the City of Buffalo's Grant in Aid 2015-2016 Budget appropriated funding in the sum of$250,000 for utilization in assistance to BMHA (the"City Funding"); WHEREAS, the City and BMHA desire to enter into this Agreement to facilitate the City Funding to assist BMHA, subject to the actual availability of the funding for these purposes. WHEREAS, BMHA shall utilize the grant monies to assist in the funding of the operating deficit related to the Frederick Douglass Associate partnerships (Frederick Douglass Associates, LP, Frederick Douglass Associates II, LP, Frederick Douglass Associates III, LP). The operating deficit will be calculated before any interest of soft loans and depreciation. For the partnerships that have a mortgage on the property (FDA II, FDA III), the operating deficit will be calculated after debt service of the mortgages. NOW,THEREFORE,in consideration of the foregoing, IT IS HEREBY AGREED FIRST: BMHA agrees to provide the City with supporting documentation demonstrating its proposed utilization of the City Funding in advance of receipt of the City Funding. SECOND: BMHA agrees that the City shall determine whether to provide the City Funding in part or in whole, in the City's sole discretion. The availability of the City Funding shall be subject to actual funding availability and/or appropriation as determined by the City. THIRD: BMHA agrees to allow the City of Buffalo Comptroller and or other City staff to audit its books and records when the City deems it necessary, or upon request of the Common Council. BMHA shall maintain a record and receipts of all expenditures relating to the utilization by.BMHA of the City Funding. FOURTH: BMHA hereby agrees to defend, indemnify and save harmless the City of Buffalo from and against any and all claims against it of whatsoever nature, including but not limited to attorneys' fees, arising out of BMHA's receipt and expenditure of the City Funding. BMHA shall provide evidence of BMHA's General Liability insurance providing for a minimum coverage limit of one million dollars ($1,000,000) per occurrence for all liability and damages, including but not limited to, bodily injury, personal injury, property damage, in furtherance of the indemnification to the City provided by BMHA under this Agreement. The City of Buffalo shall be named as an additional insured and certificate holder on a certificate of insurance evidencing said General Liability insurance policy. BMHA, if applicable to BMHA's particular situation as determined by the City, shall also secure Workman's Compensation Insurance and } Disability Insurance for the benefit of, and keep insured during the life of this Agreement, such employees as are necessary to be insured in compliance with the provisions of the State of New York Workmen's Compensation Law and New York State Disability Insurance rules. The City of Buffalo shall be named as a certificate holder on certificates of insurance evidencing such coverages, said certificates of insurance to be on the New York form. In the alternative, the City shall in the City's sole discretion accept BMHA's self-insured program protection/indemnity and or exemption certificates, as may deemed appropriate by the City, if applicable. FIFTH: This Agreement may be modified by the parties in writing, but may not be altered, modified or rescinded orally. City of Buffalo APPROVED AS TO FORM ONLY: By: By: Byron W. Brown, Timothy A. Ball, Mayor Corporation Counsel Buffalo Municipal Housing Authority APPROVED AS TO FORM ONLY: By: By: Dawn Sanders-Garrett, David Rodriguez, Executive Director General Counsel • • STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO ) On this day of , 2016, 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 instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO ) On this day of , 2016, before me the undersigned, personally appeared Dawn Sanders-Garrett, 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 he acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public • Ji 3f SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 02/12/2016 FROM: DEPARTMENT: Administration and Finance SUBJECT: [:2"d Quarter Gap [: [: [: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) Attached is the 2nd Quarter Gap for the City of Buffalo The projection for the 2nd Quarter Gap is for a positive balance for fiscal year 2015-2016 SIG TURF DEPARTMENT HEAD TITLE : Commissioner of Administration, Finance, Policy and Urban Affairs REFERREn6 NTOFI'NflAlt4EcCETMITEE SC\iI FROM THE COMMISSIONER OF PARKING March 1,2016 • MULTIPLE PAGE COMMUNCIATION TO THE COMMON COUNCIL DATE: February 25,2016 TO: THE COMMON COUNCIL FROM: DEPARTMENT: PARKING SUBJECT: (: Approval of contract with EZ TAG Corporation (: for the supply of an electronic writer system for the City of Buffalo PRIOR COUNCIL REFERENCE: Item No. 1740 C.C.P. 9/2/14 Item No. 2445 C.C.P. 12/8/15 TEXT: Attached for your Honorable Body's review and approval is a contract with EZ TAG Corporation to supply the City of Buffalo with an electronic ticket writer system to be used for issuing tickets. Such services shall be provided at the rate $0.47 per ticket, all inclusive. The Division of Parking Enforcement is requesting that approval be granted to allow the Commissioner of Parking to execute the attached extension agreement, which will allow services to continue through March 31, 2016. Your Honorable body previously extended the contract on September 2, 2014 and December 8, 2015. The Division of Parking requests an additional extension, in order to complete the full process of establishing a new contract for an electronic ticket writer system. A Request for Proposal (RFP)for an Automated Hand Held Ticket Writer System was prepared, following the previous extension of this contract, however the Division of Parking delayed issuing the RFP. The Division of Parking has since issued an RFP to rebuild the City's existing pay and display machines. This RFP was issued on October 19, 2015. Since the request for the last extension,Ber-National Automation, Inc., was selected as the vendor. To ensure compatibility, the Division had to select the vendor,prior to issuing the RFP for the Automated Hand Held Ticket Writer System. Now that the first step in the process is complete,the Division is requesting an extension until June 30, 2016 to complete the RFP distribution and selection process,to establish a new contract for an Automated Hand Held Ticket Writer System. As this process continues,the Division of Parking is requesting that you approve an extension agreement with EZ TAG Corporation to supply the City of Buffalo with an electronic ticket writer system until a new vendor is selected and approved. • Thanking you in advance for your prompt consideration to the above request. DEPARTMENT HEAD NAME: Kevin Helfer TITLE: Commissioner of Parking /4(‘ SIGNATURE OF DEPARTMENT HEAD: v)-(1 AGREEMENT ELECTRONIC TICKET WRITER THIS AGREEMENT,made the day of 2016,by and between The CITY OF BUFFALO, a municipal corporation of the State of New York having its principal offices at 65 Niagara Square, Buffalo,New York 14202, ("CITY"); and EZ TAG CORPORATION, a business corporation having its principal offices at 113 Barksdale Professional Center,Newark, DE 19711 ("EZ TAG"). WITNESSETH WHEREAS,the CITY and EZ TAG entered into a contract Agreement dated June 10, 2009 for the supply of automated products and services for an electronic ticker writer system to be used by BUFFALO Division of Parking Enforcement for the issuance of tickets, attached hereto and incorporated as Exhibit A; and WHEREAS, said Agreement provided for service to be provided through and including September 9, 2010; and WHEREAS, said Agreement further provides that the parties,upon mutual consent,may renew the Agreement for four(4) additional one-year terms; and WHEREAS,the CITY and EZ TAG exercised the renewal provision of the Agreement in a Contract Renewal Agreement, incorporated herein; and WHEREAS,the CITY and EZ TAG entered into a Contract Renewal Agreement for a term from September 10, 2010 through September 9, 2011, incorporated herein; and WHEREAS,the CITY and EZ TAG entered into a Contract Renewal Agreement for a term from September 10, 2011 through September 9, 2012, incorporated herein; and WHEREAS,the CITY and EZ TAG entered into a Contract Renewal Agreement for a term from September 10, 2012 through September 9, 2013, incorporated herein; and WHEREAS,the CITY and EZ TAG entered into a Contract Renewal Agreement for a term from September 10, 2013 through September 9, 2014, incorporated herein; and WHEREAS,the CITY and EZ TAG entered into a Contract Renewal Agreement for a term from September 10, 2014 through March 9, 2015, incorporated herein; and WHEREAS,the City and EZ TAG entered into a Contract Renewal Agreement for a term from March 10, 2015, extending through March 31, 2016; and WHEREAS, said Contract Renewal Agreement is set to expire on March 31, 2016, and is not subject to further renewal; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The CITY and EZ TAG agree to continue the mutual obligations and duties for provision of an electronic ticket writer system, for a term, retroactively extending from April 1, 2016 through June 30, 2016; and 2. Such services shall be provided according to the terms prescribed by the Agreement between the CITY and EZ TAG, effective September 10, 2009, attached hereto and incorporated herein as Exhibit A; 3. The lease price to be paid by the CITY shall continue at its current rate of Forty-Seven Cents ($0.47)per Ticket all inclusive for each ticket issued by the City of Buffalo. 4. EZ TAG shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code § 96-19),throughout the time period this Agreement is in effect. The Ordinance applies to contracts in which the City pays or receives over$50,000 and the employer has at least ten employees. It does not apply to contracts for professional services. Compliance includes: • 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. • Submitting quarterly reports to the Living Wage Commission, including the name, address, classification,period of employment and wage rate of all employees covered by the Ordinance. • 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. • 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 Contractor. 1R Violating the Ordinance will enable any aggrieved employee to file an action against the contractor for damages and/or a grievance with the City's Living Wage Commission. The City has the discretion to terminate the contract and pursue any other legal remedies if Contractor fails to comply with the Ordinance. 5. This Agreement shall in no other manner alter or modify the terms and conditions of the Agreement of September 10, 2009 or of the Contract Renewal Agreement, all provisions of which shall continue unchanged except as specifically provided in this Agreement; and 6. The CITY may cancel this Agreement at any time upon 30 days' notice to EZ TAG. APPROVED AS TO FORM ONLY BY: TIMOTHY A. BALL, CORPORATION COUNSEL THE CITY OF BUFFALO BY: KEVIN HELFER, COMMISSIONER OF PARKING DATE: EZ TAG CORPORATION BY: DATE: Approval of Contract with EZ Tag Corporation for the supply of an Electronic Writer System for the City of Buffalo (Parking) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Parking, dated February 25, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to execute an extension agreement with EZ Tag Corporation to supply the City of Buffalo with an electronic ticket writer system to be used for issuing tickets, and will allow services to continue through March 31, 2016. The Division of Parking requests an additional extension to order extension in order to complete the full process of establishing a new contract for an electronic ticket writer system. PASSED AYES 9,NOES 0 C:\UsersUmcinslaAppData\toca1\J icrosoft\Windows\Temporary Internet Files\ContentOotlook\OX32QV W6\Con[rnct extension-EZ Tag.docx 3IA . • . •. .'SAYE*. N0 * * * FEROLETO * * * * * * F FONTANA * * * * * * . FRANCZYK * * * * * * GOLOMBEK . * * * . * * * . . PRIDGEN '. * * • * * * * RIVERA •� * * . * * * * , � SCANLON * * * • * * • WING() * •� * * • * . .* . • WYATT * * * • • * * * [ ] * * * [MAJ- 5] * q *D * . * [3/4 - 7] . FROM THE CITY CLERK March 1,2016 OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics O _ 65 NIAGARA SQUARE zyre Q ROOM 1308 CITY HALL TIANNA M. MARKS BUFFALO, NEW YORK 14202 PHONE: (716)851-5431 Deputy City Clerk =5= ._ J- FAX: (716)851-4845 _ 47 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics February 19, 2016 Item 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 February 2, 2016 No. 289 Waiver of Fees for New York Army National Guard Driver's Training Was presented to the Mayor on February 5, 2016, and returned to the City Clerk on February 16,2016 without approval or disapproval Respectfully submitted, -L4.1 1,t (14a, Gerald A. Chwalinski City Clerk RECEIVED AND FLED L,,\A .., • City Clerk's Departmelit BUFFALO February 5,2016 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. 289 PASSED February 2,2016 Waiver of Fees for New York Army National Guard Driver's Training Gerald A Chwalinski City Clerk ' 4 FEB 26 MAYOR • t :k {a dl 00 January 26th, 2016 Sponsored by: David A. Rivera,Niagara District Council Member Re: Waiver of Fees for"New York Army National Guard Driver's Training" Whereas,New York Army National Guard will be holding a driver's training course for their soldiers; and Whereas,the training course will be held on Friday, February 19th—Sunday, February 21st located at Front Park; and Now, Therefore,Be It Resolved,that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and Be It Further Resolved,the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and the Mayor's Special Events Office. 11/ David A. Rivera Majority Leader Niagara District Council Member } PASSED it 61 v)--vo i • * AYE * NO * . * * . FEROLETO * * * * * * FONTANA * * * . * * * • . FRANCZYK * * * * * * • GOLOMBEK. * ** . * * * PRIDGEN * * * * * RIVERA • * * • * * * * • SCANLON * * . * . * * • * WINGO * • * . * * * WYATT * * * * * * [ I . * q * 0 * [MAJ- S] * [2/3 - 6] * * * [3/4 - 7] . i { I 1 OFFICE OF THE CITY CLERKrg'P GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics =p=- -0_ 65 NIAGARA SQUARE ROOM 1308 CITY HALL - I" - _1 - BUFFALO, NEW YORK 14202 TIANNA M. MARKS 1_ 1 _ PHONE: (716)851-5431 Deputy City Clerk =5=,...::. __ =J= _ FAX: (716)851-4845 MILLY CASTRO `CITO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics February 23, 2016 Item 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 February 16, 2016 No. 406 Waiver of Fees for 2016 Ice Man Run No. 408 Waive Special Event and all Permit Fees for the"Old Neighborhood" St. Patrick's Day Parade No. 409 Waive Fees-Easter Egg Hunt-Club 49' er No. 413 Waive Event Fees for Star Swimming Program Swim Team Practice Was presented to the Mayor on February 19, 2016, and returned to the City Clerk on February 22, 2016 without approval or disapproval Respectfully submitted, ‘4. n 4-u_deef;(1(1„thfl,„,v,„ Gerald A. Chwalinski City Clerk A City Clerk's Department BUFFALO February 19, 2016 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. 406 PASSED February 16,2016 Waiver of Fees for 2016 Ice Man Run Gerald A Chwalinski City Clerk _ - I ................................. .,..... -1 t ,.-'-.' -•, -r A. , ',, VIV '1 f-•- $ (_71 jil‘, r...,) MAYOR i , I ! 1 90406 RESOLUTION 2/5/2016 By: Mr. Fontana Re: Waiver of Fees for 2016 Ice Man Run Whereas: On Saturday, February 27th 2016 Endurance America will be hosting the Ice Man Run at the Delaware Park Ring Road; and Whereas: The purpose of this event will be to raise money for the Heart Animal Rescue and Adoption Team, a 501(c)3 volunteer organization dedicated to caring for neglected, injured, abandoned, and abused animals in Western New York; and Whereas: Heart Animal Rescue and Adoption Team is a self-funded organization that receives no government funding. Now, Therefore,Be It Resolved: The Common Council hereby requests a waiver of any permit and application fees associated with the Ice Man Run. Richard . Fontana Lovejoy District PASSED e,c) (9%, • • • '7-,,)50,0 • • • • • * AYE * NO * * * * • FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK. . * * * * * * . PRIDGEN • * * * * • RIVERA * * * SCANLON * * * • . * * • WINGO • * • * * • * * • * WYATT * * [ I . * * a * [MAJ.- 5 ] * * * • [2/3 - 6] . * * [3/4 - 7•] . • • • •• • City Clerk's Department BUFFALO February 19, 2016 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. 408 PASSED February 16,2016 Waive Special Event and all Permit Fees for the "Old Neighborhood" St. Patrick's Day Parade Gerald A Chwalinski City Clerk k M E MAYOR ;r- 1 4 €: g a`))' RESOLUTION In the Common Council of The City of Buffalo, On February 2, 2016 Council Member Franczyk submitted the following resolution: Waive Special Event and all Permit Fees for the"Old Neighborhood" St. Patrick's Day Parade Whereas, The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; Whereas, the parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with the Old First Ward and Valley neighborhood; Whereas, The parade route is Leddy Street to South Park Avenue from Hamburg Street to Smith Street, Smith Street to Elk Street, Elk Street to South Park Avenue, Hamburg Street to South Street to Louisiana Street: Now,Therefore Be It Resolved that The City of Buffalo Common Council— 1) Waive the Special Event application fee and all permit fees associated with the 2016 Old Neighborhood St. Patrick's Day Parade to be held on March 19, 2016; 2)That copies of this resolution be sent to the Department of Public Works, Special Events and Permits and Inspections. PASSED Da'id A. Franczyk y Fillmore District Council Member DAF/jp Page 1 of 1 1Y . * AYE* NO * * * * FEROLETO * * * * * * FONTANA * * * * FRANCZYK * * * * * * GOLOMBE * • * * * PRIDGEN • * * * * * RIVERA * * • * * * * SCANLON * * WINGO * * * * * * WYATT * * • * * [ ] . * * * [MAJ- S ] * 1 * * [2/3 - 6] * * * [3/4 - 7•] - • 131) City Clerk's Department BUFFALO February 19, 2016 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. 409 PASSED February 16, 2016 Waive Fees-Easter Egg Hunt-Club 49' er Gerald A Chwalinski City Clerk APPROVED FEB 1 9 2016 r- MAYOR 4 9 sb RESOLUTION ` By: Mr. Golombek Date: February 16,2016 Re: Club 49'er Annual Easter Egg Hunt -- Waive Fees Whereas: The Club 49'ers are a social group that meets in the Riverside section of the City of Buffalo and Whereas: Since their founding,the Club 49'ers have had a commitment to community service; and Whereas: The Club 49'ers have conducted an annual Easter Egg Hunt for the children and families of the Riverside and Black Rock communities for many years; and Whereas: This year the annual Club 49'ers Easter Egg Hunt will take place on Saturday, March 26, 2016 in Riverside Park; and Whereas: The annual Easter Egg Hunt is a free event and all activities are free for the community; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve waiving all fees associated with the Club 49'ers annual Easter Egg Hunt for Saturday, March 26, 2016, at Riverside Park; and Be it Further Resolved: That copies of this resolution be sent to the Department of Public Works Parks & Streets and the Corporation Counsel. Jov.ph olombek, Jr. ce9 r" 4'.,} • "hi') , * AYE* NO * . * * * . FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * _ * * * GOLOMBEK * * * * * * • PRIDGEN * * • * * * * RIVERA * * . * * SCANLON * * * * * * WINGO * . * . * * * WYATT * * * * * * [ i . * 61 * * [MAI- 5 ] * * 0 * . [2/3 - 6] * * * [3/4 - 7] . i City Clerk's Department BUFFALO February 19,2016 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. 413 PASSED February 16,2016 Waive Event Fees for Star Swimming Program Swim Team Practice Gerald A Chwalinski City Clerk P At i tt9 i#' 4 W {y , t Ff0 3.9 ;016 RESOLUTION Sponsors: Christopher P. Scanlon Date: February 5,2016 Subject: Waive Event Fees for Star Swimming Program Swim Team Practice WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Star Swimming Program Swim Team Practice will take place February 10, 2016— February 12, 2016, February 17, 2016 —February 19, 2016, and March 3. 2-16 —March 4, 2016 from 7:00pm—9:00pm at the Connors-Kait-Harrity Memorial Pool (aka Caz Pool); and WHEREAS, Star Swimming Program Swim Team Practice provides swimming instruction to 80 children in the area and allows them to train and compete in the sport of swimming; and WHEREAS, The Star Swimming Program Swim Team Practice is beneficial to the health of local children who train,participate and compete in swimming. NOW, THEREFORE,BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests Department of Public Works (Parks Department) waive the $3 per swimmer per day fee applicable to the Star Swimming Program; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works. Christopher P. Scanlon President Pro Tempore South District Council Member PASSFD * AYE* NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK. * * * * * * PR1DGEN . * * * RIVERA * * * * * * SCANLON * * * * * * WINGO * . * * * * WYATT * * * * * * [ ] * * * [MAJ- 5 ] * * � [2/3 - 6] * * * [3/4 - 7] 004 5 No. Liquor License Applications • Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 84 Parkside Av = N1A Robert Davidson Donald ShatzE 665 Main St Mezza Peter Eid 1263 Clinton St The Old School Tavern Charle Rhodes Jr 698 Main St N/A Ryan Keppel. RECEIVED AND FILED (9n March 1,2016 REQUEST FOR WAIVER OF THE 30 DAY MUNICIPALITY NOTIFICATION Date 02/19/2016 To the Mayor of the City of Buffalo: Please be advised that a waiver of the 30 day notification is being requested by MAGNOLIA EVENTS LLC, LOCATED AT 199 LINCOLN PKWY, BUFFALO,NY 14222 for an ON PREMISES LIQUOR, WINE &BEER license in a RESTAURANT. This request is made to expedite the licensing process. The principals for this application are: ROBERT JASON DAVIDSON 160 HINMAN AVE BUFFALO NY 14216 716-380-0247 DONALD MICHAEL SHATZEL 821 AUBURN AVE BUFFALO,NY 14222 716-863-9966 LANDLORD: BUFFALO OLMSTED PARKS CONSERVANCY 84 PARKSIDE AVE BUFFALO,NY 14214 716-838-1249 Thank You, If such waiver is granted, please fax, e-mail or forward it to: Roberi Heil -Liquor License Consultant 5008 Mount Vernon Blvd. Hamburg, NY 14075 FAX : 866-910-5025 E-MAIL : myteambob@gmail.com If you have any questions please contact me at 716-512-5018 02/19/2016 RE: MAGNOLIA EVENTS LLC 199 LINCOLN PKWY BUFFALO, NY 14222 STATEMENT OF CURRENT AND PROPOSED LICENSE TYPE TO WHOM IT MAY CONCERN: MAGNOLIA EVENTS LLC CURRENTLY HAS A CATERER'S LICENCE. WE ARE NOW APPLYING FOR AN ON PREMISE LICENSE. THANK YOU 2/9/2016 New York State Liquor Authority 2` Y • k 6 --v -, L •:4.e r. 'ice t.. !a� l , .„,#{ .i€- -- s r- ,,,/,;-.--,,,,,r y ,,,,f ,4311s,?.VV�S tis § g x r:' . �- i 6p 14. �, , � -h..---„,:..,,,,,,,,,,,,.4, s > 3a{ .FS urC y Y x� ✓ e l' __ $ �r Sant a ir , t 5 ' ,1 y . i � - .'§.s to - 5 � ;, i �"`" :` S.; fes} -'" - tii it, E - � i 13 .� t a L .t . .;.,1 ' 'i..s i "_" � ., �� -.s-; s I z, -'4.A.„,,,-,:',4 Z x Y rbS � ,"c y 1 f y H ;4'. - ` - .. ,,' <;i` „,::::-4. 0-,L,` „` _.r ,...,r4.7”,_ �:.. < F� 4 # ,,x+n Rs.t., ,, rot 7 . k-gs e .q r 1 � _ �.,..,, :_F • , ...kms w—a--.. _,..' -�.teaF.4 �... � � , '�sS-r,..i ,,. .zs �4 ��h,�. .fix ...,�.. ,, � i >"4-r•- ",,V4.5.4,,Lr"Iiiit-IileJ7 , Forms Quick Find: Wholesale Forms Retail Forms '�, s. ,L $'` mV ',Os Help y F r ! t I : Public Query-Results i '40''''l Itntrtiktikala Andrew M.Cuomo,Governor License Information Vincent G.Bradley,Chairman Serial Number: 3154977 Kevin Kim,Commissioner License Type: CATERING ESTABLISHMENT Home License Status: License is Active Public License Query Credit Group: 4 Filing Date: 06/06/2014 Wholesale Effective Date: 08/19/2014 Expiration Date: 07/31/2016 FAVIRt� $ tPremises Information { -a�, '`fi DAVIDSON, ROBERT JASON (JASON) Principal's Name: �, .p t t SHATZEL, DONALD M (MICHAEL) �" K ,4 � 9 Premises Name: MAGNOLIA EVENTS LLC `"t F- , Trade Name: r��` ,- ,1 ,�� .gi'-_: �� d Zone: 3 ,, .} t,, -, 0 4, Address: 199 LINCOLN PKWY K'� f `,) ; opla-rev 01/22/16 OFFICE USE ONLY 16( 49 0 Original 0 Amended Date (7_71NEW°YORK State Liquor Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a °aoaruri'rY. Local Municipality or Community Board Authority (Page 1 of 2 of Form) 1. Date Notice Was Sent: 02/12/2016 1a.Delivered by: Certified Mail Return Receipt Requested 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License ❑ New Application ❑ Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ®Class Change For New applicants,answer each question below using all information known to date. For Renewal applicants,set forth your approved Method of Operation only. For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants,attach a list of the current and proposed corporate principals. For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation. For Class Change applicants,attach a statement detailing your current license type and your proposed license type. 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:BUFFALO Applicant/Licensee Information 4. License Serial Number,if Applicable: PENDING Expiration Date,if Applicable: 5. Applicant or Licensee Name: MAGNOLIA EVENTS LLC 6. Trade Name(If any): N/A 7. Street Address of Establishment: 199 LINCOLN PKWY 8. City,Town or Village: BUFFALO ,NY Zip Code:14222 9. Business Telephone Number of Applicant/Licensee: 716-868-0088 10. Business Fax Number of Applicant/Licensee: N/A 11. Business E-mail of Applicant/Licensee: events@magnoliabuffalo.com 12. Type(s)of Alcohol sold or to be sold: ❑Beer&Cider 0 Wine,Beer&Cider Z Liquor,Wine,Beer&Cider 13. Extent of Food Service: ® Full food menu; ❑ Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: Restaurant(Full Kitchen&Full Menu required 15. Method of Operation: ❑ Seasonal Establishment ❑ Juke Box Z Disc Jockey ® Recorded Music ❑ Karaoke (Check all that apply) ►� Live Music(Give details:i.e.rock bands,acoustic,jazz,etc.): ® Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑Topless Entertainment ❑Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other(specify): 16, Licensed Outdoor Area: ❑ None ® Patio or Deck ❑ Rooftop ❑ Garden/Grounds ® Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other(specify): Page 2 OC opla-rev 01/22/16 OFFICE USE ONLY ° 49 0 Original 0 Amended Date NEWYORKS$�tL' Lit�UC?f" Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Meow oRr , , Local Municipality or Community Board Authority Local 2 of 2 of Form) 17. List the floor(s)of the building that the establishment is located on: 2ND FLOOR&3RD FLOOR 18, List the room number(s)the establishment is located in within the 2ND-utility,kitchen,storage,banquet,restroom,coat,mechanical, building,if appropriate: meeting,3RD-banquet,restrooms,office,reception,storage 19. Is the premises located within 500 feet of three or more on-premises liquor establishments? QYes QNo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? Qi Yes Q No 21. If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee. N/A 22. Does the applicant or licensee own the building in which the establishment Is located? 0 Yes(If Yes SKIP 23-26) ®No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: BUFFALO OLMSTED PARKS CONSERVANCY 24. Building Owner's Street Address: 84 PARKSIDE AVE 25. City,Town or Village:BUFFALO State: NY Zip Code:14214 26. Business Telephone Number of Building Owner: 716-838-1249 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: 28. Street Address: 29. City,Town or Village: State: Zip Code: 30. Business Telephone Number of Representative/Attorney: 31. Business Email Address: 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-under Penalty of Perjury-that the representations made in this form are true. 32.Printed Name: ROBERT JASON DAVIDSON Title LLC MEMBER Signature: X Page 3 opla-rev 09/30/2013 OFFICE USE ONLY 0 49 0 Original Q Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Local Municipality or Community Board Division of Alcoholic Beverage Control State Liquor Authority (Page 1 of 2 of Form) 1. Date Notice was Sent:(mm/dd/yyyy) Ga. p-71 2-27/ 6 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License xf New Application ❑ Renewal ❑Alteration ❑ Corporate 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 647'1 or' d _ .¢<--O Applicant/Licensee Information 4. License Serial Number,if not New Application: Expiration Date,if not New Application: 5. Applicant or Licensee Name: W`G'Z7-A?1 ,J C, 6. Trade Name(if any): 4f/E-Z 7. Street Address of Establishment: a i � �r 8. City,Town or Village: F4/,0 rNY Zip Code: /107 9. Business Telephone Number of Applicant/Licensee: ( 7/ V�,/—70 10. Business Fax Number of Applicant/Licensee: /� 11. Buisness E-mail of Applicant/Licensee: �2- -�,�UfAit? O 740,1 coivi 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 V Liquor,Wine&Beer „ „ Restaurant(Sale of food primarily; Tavern/Cocktail Lounge/Adult Venue/Bar(Alcohol 13. Extent of Food Service:( X One) ( Full food menu;Kitchen run by chef) Elsales primarily;Meets legal minimum food availability requirements) ARecorded Music ❑ Live Music 0 Disc Jockey []Juke Box ❑ Karaoke Bar ❑Stage Shows ❑ Patron Dancing(small scale) 0 Cabaret,Night Club(Large Scale Dance Club) ❑ Catering Facility 14. Type of Establishment: ❑Capacity of 600 or more patrons ❑Topless Entertainment 0 Restaurant El Hotel ("X"all the apply) ❑ Recreational Facility(Sports FacilityNessel) El Club(e.g.Golf Club/Fraternal Org.) ❑ Bed&Breakfast ❑ Seasonal Establishment None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure 15. Licensed Outdoor Area: ("X"all the apply) ❑Sidewalk Cafe ❑ Other(specify): Page 1 bpia-rev09/30/2013 OFFICE USE ONLY ()-(\D 49 O Original O Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Local Municipality or Community Board Division of Alcoholic Beverage Control (Page 2 of 2 of Form) State Liquor Authority 16. List the floor(s)of the building that the establishment is located on: ( �pai\9D 17. List the room number(s)the establishment is located in within the r� building,if appropriate: 18. Is the premises located with 500 feet of three or more on-premises liquor establishments? '7� Yes ❑ No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation?1.i 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: 66'r�,i i/11171.�� � Lp 22. BuildingOwner's Street Address: s'bc. 'Drug/40 /O 144 .�i�r�- 30 - 23. City,Town or Village: L 0 (State: wrAum Zip Code: /�2.-o 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: Mi tDi'2,4/ 26. Attorney's Street Address: I gat.ate; .i`.e • 27. City,Town or Village: 7o,.�f(e) State: Zip Code: //1/.17 28. Business Telephone Number of Attorney: 0/9 )7p- '7i1P 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-under Penalty of Perjury-that the representations made in this form are true. i = i r 29.Printed Name: PG+ f ►Pit Title g _ 6 Signature: X ct:z ' S • Page 2 rev 10/23/13 OFFICE USE ONLY49 Q Original Q Amended Date ��� - State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Local Municipality or Community Board Division of Alcoholic Beverage Control �P, age 1 Rf 2 of ntrt e_„ State Liquor Authority 1. Date Notice was Sent:(mm/dd/yyyy) 02/12/2016 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License ❑X New Application ❑ Renewal ❑ Alteration ❑ Corporate 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,NY Applicant/Licensee Information 4. License Serial Number,if not New Application: Expiration Date,if not New Application: 5. Applicant or Licensee Name: The Hollywood Tavern,LLC 6. Trade Name(if any): The Old School Tavern 7. Street Address of Establishment: 1263 Clinton Street 8. City,Town or Village: Buffalo ,NY Zip Code:14206 9. Business Telephone Number of Applicant/Licensee: 716-713-7514 10. Business Fax Number of Applicant/Licensee: 11. Buisness E-mail of Applicant/Licensee: drod383@yahoo.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 ❑X Liquor,Wine&Beer Restaurant(Sale of food primarily; Tavern/Cocktail Lounge/Adult Venue/Bar(Alcohol 13. Extent of Food Service:("X"One) ❑ Full food menu;Kitchen run by chef) 0 sales primarily;Meets legal minimum food availability requirements) ❑ Recorded Music ❑ Live Music ❑ Disc Jockey OX Juke Box ❑ Karaoke Bar ❑ Stage Shows ❑ Patron Dancing(small scale) ❑ Cabaret,Night Club(Large Scale Dance Club) ❑ Catering Facility 14. Type of Establishment: ❑ Capacity of 600 or more patrons ❑ Topless Entertainment ❑ Restaurant ❑ Hotel ("X"all that apply) ❑ Recreational Facility(Sports FacilityNessel) ❑ Club(e.g.Golf Club/Fraternal Org.) ❑ Bed&Breakfast ❑ Seasonal Establishment 15. Licensed Outdoor Area: C None ElPatio or Deck ❑ Rooftop ❑ Garden/Grounds EIFreestanding Covered Structure ("X"all that apply) ❑ Sidewalk Cafe ❑ Other(specify): Page 1Prmt Form rev 10/23/13 OFFICE USE ONLY (f 0 Original Q Amended Date ►1�(0 49 State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Local Municipality or Community Board Division of Alcoholic Beverage Control State Liquor Authority (Page-2 of 2,,of For j 16. List the floor(s)of the building that the establishment is located on: Main or ground floor and basement 17. List the room number(s)the establishment is located in within the building,if appropriate: 18. Is the premises located with 500 feet of three or more on-premises liquor establishments? ❑ Yes ❑X No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation?n 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) n No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: The Madster LLC 22. Building Owner's Street Address: 10991 Angling Road 23. City,Town or Village:North Collins State: New York Zip Code:14111 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: 26. Attorney's Street Address: 27. City,Town or Village: State: Zip Code: 28: Business Telephone Number of Attorney: 29. Business Email Address of Attorney: 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-under Penalty of Perjury-that the representations made in this form are true. 30.Printed Name: Charles W.Rhodes,Jr. Title Sole Member Signature: X l 60, 4...G1,0114 3r, Page 2 Print Form q opla-rev 01/22/16 OFFICE USE ONLY �� 49 0 Original 0 Amended Date yoRR �i� � Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a 5rA*EOF Local Munici;•alit or Communit Board \OIPPORTUNITY Authority (Page 1 of 2 of Form) 1. Date Notice Was Sent: 2/23/2016 1 a.Delivered by: Certified Mail Return Receipt Requested 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License ® New Application 0 Renewal [J Alteration D Corporate Change [] Removal 0 Class Change For New applicants,answer each question below using all information known to date. For Renewal applicants,set forth your approved Method of Operation only. For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants,attach a list of the current and proposed corporate principals. For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation. For Class Change applicants,attach a statement detailing your current license type and your proposed license type. 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:Buffalo City Clerk's Office Applicant/Licensee Information 4. License Serial Number,if Applicable: Pending Expiration Date,if Applicable: Pending 5. Applicant or Licensee Name: Matinee,LLC 6. Trade Name(if any): N/A 7. Street Address of Establishment: 698 Main Street 8. City,Town or Village: Buffalo ,NY Zip Code:14202 9. Business Telephone Number of Applicant/Licensee: 716-359-2977 10. Business Fax Number of Applicant/Licensee: N/A 11. Business E-mail of Applicant/Licensee: mainstmatinee@gmail.com 12. Type(s)of Alcohol sold or to be sold: 0 Beer&Cider ®Wine,Beer&Cider ❑ Liquor,Wine,Beer&Cider 13. Extent of Food Service: Full food menu; ® Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: Bar/Tavern 15. Method of Operation: Q Seasonal Establishment 0 Juke Box Li Disc Jockey ® Recorded Music Li Karaoke (Check all that apply) ® Live Music(Give details:i.e.rock bands,acoustic,jazz,etc.): various types of music 0 Patron Dancing 0 Employee Dancing [] Exotic Dancing D Topless Entertainment Video/Arcade Games [] Third Party Promoters 0 Security Personnel 0 Other(specify): 16. Licensed Outdoor Area: El None 0 Patio or Deck fl Rooftop Li Garden/Grounds Li Freestanding Covered Structure (Check all that apply) Li Sidewalk Cafe Li Other(specify): Page 2 opla-rev 01/22/16 OFFICE USE ONLY �7p 49 0 Original 0 Amended Date 9A 1r ,> Standardized NOTICE FORM forProviding 30-Day Advanced Notice to a t_ _ cwP° ,u,.: , I , inidtV Local Municipality or Community Board' (Page 2 of 2 of Form) 17. List the floor(s)of the building that the establishment is located on: Ground Floor 18. List the room number(s)the establishment is located in within the N/A building,if appropriate: 19. Is the premises located within 500 feet of three or more on-premises liquor establishments? ()Yes ONo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? ()Yes 0 No 21. If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee. N/A 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes(If Yes SKIP 23-26) Q No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: Harold D.Kopp 24. Building Owner's Street Address: 700 Main Street 25. City,Town or Village:Buffalo State: NY Zip Code:14202 26. Business Telephone Number of Building Owner: 716-863-7616 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: Chester A.Menkiena 28. Street Address: P.O.Box 241 29. City,Town or Village: Buffalo State: NY Zip Code:14225 30. Business Telephone Number of Representative/Attorney: 716-628-0191 31. Business Email Address: camconsult17@gmail.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-under Penalty of Perjury-that the representations made in this form are true. 32.Printed Name: Ryan E.Keppel Title Sole LLC Member Signature: X 'ifs./ Page 3 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets&Parks- X Police- Stephanie Feliciano Scott Seifert Benjamin McDonald Michael. Muffett Vanessa Rowe 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. til9"1 March 1,2016 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ,�� TO: THE COMMON COUNCIL DATE: February 12. 2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : UNPAID LEAVE OF ABSENCE I : PRIOR COUNCIL REFERENCE: (IF ANY) I : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Cell Block Attendant Stephanie Feliciano, assigned to City Court Lock-Up,has been granted an extension to her medical leave of absence without pay for the period of 29 days commencing February 2, 2016 through March 1, 2016. Crime Scene Technician Scott Seifert, assigned to the Crime Scene Unit,has been granted a personal/employment leave of absence for the period of one year commencing May 5, 2016 through May 5,2017. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e(10/12) • 1 ? +.t } i * i tbaw fiYY Ripr ® 1 H5 � tt ,N., t ; 5ys, rr : . r ?:�h _ . f,. tip x 3 . ,�1. ¢C +' DATE: C ,6 / 2 0 16 ` NAME: LS/reel-or-v.0 Fe,//C I Ue1() RANK: (1Z67.11'° *SSN XXX-XX- 6 7 3-8 ASSIGN: *LAST FOUR(4)DIGITS ONLY* TYPE OF LEAVE: EDUCATIONAL ❑ MATERNITY 0 EMPLOYMENT ❑ PERSONAL 0 FMLA(SEE BELOW) ❑ MEDICAL IR (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMITTENT FMLA IS A IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: EV k Lvi c i 0,A. DATES OF LEAVE: - 0!(ip BEGINNING DATE: .- I ; i G/ END DATE: , 0, .a-L. _... / ,_//I y f C- 1 Zv15- RETURN TO WORK LATE: g?la7L/r,r,,ggit a� -- --- LENGTH OF LEAVE: 01 ' 17Pitt, i3 h y ..c 10 / rvi.0/1-1-1-1 EMPLOYEE SIGNATURE • i VED/❑DENIED (APPRO CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) fip CN . l -� '3 LI(INSPECTOR DATE APPROVED/0 DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTME TAL EQUIPMENT) . P% /. COMMISSIONER OF POLICE DATE cc: ORIGINAL-ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL rnmAnANDING()FFTCPR P-12e(10/12) • "318.$:0:;;:itsTzioiti vtom 1,J� DATE: 2/51 2°14° NAME: U .6i\ J V� RANK: *SSN: XXX-XX- 19 nc ASSIGN: Csv *LAST FOUR(4)DIGITS ONLY* TYPE OF LEAVF4: EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT PERSONAL ❑ FMLA(SEE BELOW) ❑ MEDICAL ❑ (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERM1TIhNT FMLA IS A IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT A 1TBNDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: redk 61/41 tko'lo1ul Hz aali(k.Pee,elloet4If DATES OF LEAVE: BEGINNING DATE: cj ' 20/6 END DATE: 5 L'7 20/7 RETURN TO WORK DATE: S 6 2O1 LENGTH OF LEAVE: l Y eat EMPLOYEE SIGNATURE PPROVED/❑DENIED ( "ROYAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE ROVED/❑DENIED (APPROV OND TIONED UPON SURRENDER OF DEPART NT EQUIPMENT) COMMISSIONER OF POLICE DATE cc: ORIGINAL-ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ,cj TO: THE COMMON COUNCIL DATE: February 16.2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : 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) PO Benjamin McDonald, assigned to the D-District,has been granted an extension to his military leave of absence without pay for the period of 16 days commencing February 11, 2016 through February 26,2016. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e(10/12) 11 k 1' s " raF x �jttt r d g LW .r� a i J F WJNM -�}}}c\ 1,12 _ J DATE: NAME: 1,-"114,74't,f/A.) A Ae,,%r rn 'i RANK: /DO *SSN: XXX-XX- ASSIGN: A ,.r L X3 _yr *LAST FOUR(4)DIGITS ONLY* TYPE OF LEAVE: EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA(SEE BELOW) ❑� MEDICAL ❑ (MUST ATTACH MEDICAL g MILITARY (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMITTENT FMLA IS A IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL . WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: e--Z7-6-'..21/1/,04.1 10,-- A/1k/ 77;42-X2-4/1 Zzie' DATES OF LEAVE: BEGINNING DATE: r ///i � END DATE: ,g4/1l& ? RETURN TO WORK DATE: �=-1/ 7//& �� / PLS • LENGTH OF LEAVE: �/9�. / �. j��'2 j11�� -r� EMPLOYEE SIGNATURE t ® � .C' ti fR }APPROVED/❑DENIED (APPROV -CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR / DATE 7 • ROVED/❑DENIED (APPROVAL C• D UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) ,royrdig 16 , C ISSIO' R OF POLICE r ` DATE • cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER 7INGLE PAGE COMMUNICATION TO THE COMMON COUNCIL A IA TO: THE COMMON COUNCIL DATE: February 17.2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : UNPAID LEAVE OF ABSENCE I : I : PRIOR COUNCIL REFERENCE: (IF ANY) I : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Michael Moffett, assigned to the E-District,has been granted a medical leave of absence without pay for the period of 27 days commencing February 16,2016 through March 13, 2016. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: _j__-,0-Dy { P-12e(10/12) A e3R t : : DATE: O ! I f 1 1 ) u2 )1 NAME: C•, 1(; .0 TR.T- `" RANK: ..pt.-.) *SSN: XXX-XX--11O i 11 ASSIGN: Q I,T)k, - *LAST FOUR(4)DIGITS ONLY* TYPE OFLEAVE: EDUCATIONAL 0 MATERNITY 0 EMPLOYMENT 0 PERSONAL 0 FMLA(SEE BELOW) ❑ MEDICAL ' `` MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH // DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMR TITENT FMLA IS A ISA 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: DATES OF LEAVE: //�� BEGINNING DATE: V a/ 161 1 Q END DATE: t he //C, RETURN TO WORK DATE: 03//11461 LENGTH OF LEAVE: ' e1,/�(4-5 /�r1/(/�wc/ 1 r �ff EMPLOYEE SIGNATURE PPROVED/❑DENIED APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) .„2/(1! --2//:) . /11-‘, POLICE INSPECTOR DATE • s PYKU V ED/0 DENIED APPROVAL ! i 1 TTIO.'-e .1'ON SURRENDER OF DEPARTMENTAL EQUIPMENT) • 547 e /4 A , COMMLSSIO i OF 'OLICE DATE , cc:QRIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ak°\ TO: THE COMMON COUNCIL DATE: February 19. 2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : 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) RT Vanessa Rowe,assigned to the A-District,has been granted a personal leave of absence without pay for the period of one year commencing February 22,2016 through February 22, 2017. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police s��Pz� �� SIGNATURE OF DEPARTMENT HEAD: ,„ A P-12e(10/12) 0 t "��'. ��f�F;s`a �� �} f' 's�'a i�;a9kT'l��• fir '�'Y' ��.�", a� 4Y 'A:4' � K6trri7S'kl� �H i ,�Asn s-fi �� `�, } ,y�f ,�.,�iKf� .R �b a ,.1:\'D_ Z S �'..D .al�`y 4ll "I.. r,'''''''1'p � 3e�'O.,L nlll P, 9 61 �Y� a t�%b F''' '" '', 4k !'" , T.If. a ' ,)s - r ..,-.)-n .k r k b :., i tC ,,."t t,161;'';`�FJr urt,641!'�aR`th: DATE: /8 — 16 NAME: I/i e.5. a? t • eylAtc :RANK: „Olft44 ._.. *SSN: XXX-XX- ci1e)/ ASSIGN: ///42/Y!1...� *LAST FOUR(4)DIGITS ONLY* • • TYPE OF LEA VFi: EDUCATIONAL ❑ MATERNITY 41/ • EMPLOYMENT 0 PERSONAL FMLA(SEE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY 0 (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMITTENT FMLA ISA IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR CARE OF CHILD,SPOUSE; • PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF 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 TH8 START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATIONOF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL '-t1 r-a EXPLANATION OF LEAVE).--) _.. .4.. .-r, • • co i:;rii '; DATES OF LEAVE: • c ' BEGINNING DATE: 2-22. _ lb , END DATE: 3.. '22 ` /7 RETURN TO WORK DATE: LENGTH OF LEAVE: / Gil rit CCe:9-ta,t;' ., 0:-)Palte-, • C • EMPLOYEE SIGNATURE �I,;'ARPROVED/0 DENIED (APP OVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) • C:,3 0ii/,‘ POLICE INSPECTOR DATE jAPPROVED/0 DENIED (APPROVAL/21‘ CO HAD UPO SURRENDER OF DEPARTMENTAL EQUIPMENT) ' -.�/.-1� '/7 -----\--_- - e:.1 ', ( oti✓ ..--- //b COMMIS IpNER OF:OLICE r( DATE cc; ORIGINAL-ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL r %15(T A A T.mR.T(:CIVATrIll, 00467 d'\1 No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED March 1,2016 r' Y11l #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE February 18, 2016 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE [: [: ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on February 17, 2016, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy Sr., Vice Chairman Christopher Roosevelt,Assistant Vice Chairman Absent: Eleanor Petrucci, Secretary DEPARTMENT HEAD NAME: Oluwole A. McFoy,P.E. TITLE: General Manager r: ' SIGNATURE OF DEPARTMENT HEAD: Oit 00 46' #4(Rev 7-07) 7\9� 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: ct cun.r.t18, 2016 in the Department of Common Council Division of Ellicott Council District to the Position of Legislative Aide Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 40,407 LAST JOB TITLE 1777 NAME Tawana Richardson . LAST DEPARTMENT m110 DATE ADDRESS 858 E. Ferry Apt 206 LAST SALARY 15.00 CITY&ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX-XX-8843 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY&ZIP LAST 4 DIGITS OF SSN. XXX-XX- . ADOPTED BUDGET ORG. CODE 10103001 TITLE CODE NO 2690 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5647 SALARY RANGE OF POSITION 40,407 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: • NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: c.ebruar 18, 2016 A / SIGNATURE OF APPOINTING AUTHORITY: i//j A _if,,,;_ , , ._ ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGETte\(•••61, #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) 0 , <. CI#4(Rev 7-07) 9190 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: February 23, 2016 in the Department of Common Council Division of Ellicott Council District to the Position of Sr. Legislative Assistant to the Councilmember Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNGLASSIRED Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 51,379 LAST JOB TITLE 3580 NAME Felicia M Stanley LAST DEPARTMENT A102 DATE ADDRESS 143 Goulding St LAST SALARY $45,893 CITY&ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX-XX-8220 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 10103001 TITLE CODE NO 3699 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5640 SALARY RANGE OF POSITION $51,379 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: . • NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: February 23, 2016 SIGNATURE OF APPOINTING AUTHORITY: jV..,/,L/t e a (14,414,k ORIGINAL+2 COPIES TO: CITY C'ERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) 1.)(() 004 /0 No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Rivera moved the approval of the appointments to the position of Council Intern. ADOPTED. March 1,2016 #4(Rev 7-07) 0A1'14-11121( i94 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: cAft,ary'18, 2016 in the Department of Common11Council Division of Lovejoy Council District to the Position of Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 13.06/hr LAST JOB TITLE NAME Brian Slisz LAST DEPARTMENT DATE ADDRESS 355 Gold Street LAST SALARY CITY&ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX-XX-5169 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 10102001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5605 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tianna NI. Marks TITLE OF APPOINTING. AUTHORITY: Deputy City Clerk DATE: .41,(k4rti: 18, 2016 SIGNATURE OF APPOINTING AUTHORITY: ,. /.AutA. 1.M11, 44...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) 0 4 I (p91\ No. Appointments-Mayor's Youth Opportunity& Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. March 1,2016 38) ik2i #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: FEBRUARY 23, 2016 in the Department of EXECUTIVE Division of MAYOR to the Position of INTERN IX 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) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME COLLEEN YOUNG LAST DEPARTMENT DATE ADDRESS 140 LINWOOD AVE. APT. D5 LAST SALARY CITY&ZIP BUFFALO, NY 14209 LAST 4 DIGITS OF SSN. XXX-XX-3291 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 10301001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DATE: FEBRUARY 23, 2016 SIGNATURE OF APPOINTING AUTHORITY: 6,3 , ORIGINAL+2 COPIES T ITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) tl" '?Y a 'PG\ 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. March 1 2016 #4(Rev 7-07) trc,) 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: G I R L t h (p 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) TEMPORARY Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 24,377 (Step 11) LAST JOB TITLE NAME Vunnal Blair LAST DEPARTMENT DATE ADDRESS 263 Florida LAST SALARY CITY&ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX-XX-6702 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 15050001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-173 SALARY RANGE OF POSITION $24,377 -$34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ., Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2/18/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES O: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) #4(Rev 7-07) \\fi\IV\/1 Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo,I transmit this certification of appointment(s)or promotion(s).I further certify that the person(s)named in Schedule"A"have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: „I 0'36 (CP in the Department of Public Works, Parks & Streets Division of Streets to the Position of Street Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT • Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starting Salary of $ 24,377 (Step 11) LAST JOB TITLE Laborer II Seasonal NAME Denzel Floyd LAST DEPARTMENT DPW DATE 2/16 ADDRESS 487 Northland LAST SALARY $13.06 hr. CITY&ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX-XX-5186 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 5010 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-141 SALARY RANGE OF POSITION $24,377 -$36,978 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: • NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2/18/16 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) E POSITION ALLOCATION MAINTENANCE FORM 411 .0/ Title Superintendent Street Sanitation Department/Division Public Works,Parks&Streets,Division of Streets i I Start Date a 1 I i. , Original PR No. 2014-227 6\)-)4 \ i Title Code Na. 5021 i Salary $42,186(Step 1) 1, Budget Function No. 52002601-411001 Reason for appointment(check one) E Status Change El Reinstatement ❑ Replacement El Extension i Type of Status Change(check one) El From Temporary to Provisional El From Temporary to Permanent I, El From Provisional to Permanent El From Contingent Permanent to Permanent I. Other 1' Type of Appointment: Classification 1l Permanent El Exempt i. El Contingent Permanent IlZ1 Competitive i Provisional El Non-Competitive ii El Temporary i El Seasonal FE922'1611:560?sBCSR i' i' Comments: I Employee Information: 1! i Name Michael Dziamski SS# XXX-XX-4251 i` Address 1041 Backus Rd. DOB City Derby State New York Zip Code 14047 / / I Signature of Appointing Authority Date l' '-.----- ('':15---L_.---(--- t i6-.c --/f(,.ei i S' nature of Director of Budget Date 1 A --- ()I-- ignatur�'of Adm. Director kr". vil Service Date _ 1i Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form,City Clerk and Budget 1 Al 0- NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS March 1,2016 Initiative Measure#1, "Buffalo Cannabis Act" INITIATIVE MEASURE NO. 1 SHORT TITLE "Buffalo Cannabis Act" SUMMARY STATEMENT This initiative, if passed, will make it lawful under the City of Buffalo charter for a person 21 years of age or older to: possess up to two ounces of marijuana for personal use; grow no more than six cannabis plants with 3 or fewer being mature, flowering plants, within the person's principal residence;; transfer without payment(but not sell) up to one ounce of marijuana to another person 21 years of age or older; and use or sell drug paraphernalia for the use, growing, or processing of marijuana or cannabis. *Grow, Manufacture, Process, Distribute, and Sell Industrial Hemp LEGISLATIVE TEXT BE IT ENACTED BY THE City OF Buffalo THAT this act may be cited as the"Buffalo Cannabis Act" Therefore it shall be lawful, and shall not be an offense under the City of Buffalo charter,for any person twenty-one(21)years of age or older to "(A) Possess, use, purchase or transport marijuana weighing two ounces or less; "(B) Transfer to another person twenty-one years of age or older, without remuneration, marijuana weighing one ounce or less; "(C) Possess,grow, harvest or process, within the interior of a house or rental unit that constitutes such person's principal residence, no more than six cannabis plants, with three or fewer being mature,flowering plants, provided that all persons residing within a single house or single rental unit may not possess,grow, harvest or process, in the aggregate, more than twelve cannabis plants,with six or fewer being mature, flowering plants; "(D) possess within such house or rental unit the marijuana produced by such plants; Provided that, nothing in this subsection shall make it lawful to sell, offer for sale or make available for sale any marijuana or cannabis plants." (b)The following new paragraphs are added to subsection(a) after paragraph (1), and the remaining paragraphs are renumbered accordingly: "(2)The terms `controlled substance' and `controlled substances,'as used in this Code, shall not include: "(A) Marijuana that is or was in the personal possession of a person twenty-one years of age or older at any specific time if the total amount of marijuana that is or was in the possession of that person at that time weighs or weighed two ounces or less; "(B) Cannabis plants that are or were grown, possessed, harvested, or processed by a person twenty one years of age or older within the interior of a house or rental unit that constitutes or at the time constituted, such person's principal residence, if such person at that time was growing no more than six cannabis plants with three or fewer being mature flowering plants and if all persons residing within that single house or single rental unit at that time did not possess, grow, harvest or k1(0( . process, in the aggregate, more than twelve cannabis plants, with six or fewer being mature, flowering plants; or "(C)The marijuana produced by the plants which were grown, possessed, harvested or processed by a person who was, pursuant to subparagraph (B) of this paragraph, permitted to grow, possess, harvest andprocess such plants, if such marijuana is or was in the personal possession of that person who is growing or grew such plants,within the house or rental unit in which the plants are or were grown. Notwithstanding the provisions of this paragraph,the terms `controlled substance'and `controlled substances'as used in this Code shall include any marijuana or cannabis plant sold or offered for sale or made available for sale. ``(3) Notwithstanding any other provision of this Code, no district government agency or office shall limit or refuse to provide any facility service, program or benefit to any person based upon or by reason of conduct that is made lawful by this subsection. "(4)Nothing in this subsection shall be construed to require any district government agency or office, or any employer,to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of any such agency, office or employer to establish and enforce policies restricting the use of marijuana by employees. "(5) Nothing in this subsection shall be construed to permit driving under the influence of marijuana or driving while impaired by use or ingestion of marijuana or to modify or affect the construction or application of any provision of this Code related to driving under the influence of marijuana or driving while impaired by marijuana. "(6) Nothing in this subsection shall be construed to prohibit any person, business, corporation, organization or other entity, or district government agency or office,who or which occupies, owns or controls any real property, from prohibiting or regulating the possession, consumption, use, display, transfer, distribution, sale, transportation or growing of marijuana on or in that property. Whereas Industrial Temp has less than I%TI-IC, and can not produce a psychoactive affect when consumed. Therefore it shall be lawful under the Buffalo Cannabis Act to Grow, Manufacture, Process, Distribute, and Sell Industrial Hemp h �c Boll1-tv\y , us..E- ce,1/4 (0 co.o, . 6t-s REFERRED ERRED TO THE COMMITTEE .. OKI LEGISLATION. Nu' " 9 What is Relay For Life? � � ` ` ` Relay For Life is an exciting local activity driven by teams i= r ' '* , , :4-47,7444" from all walks of life who raise funds, both individually and , - , as a group, in many unique and fun activities both prior to .3 ' and during Relay. The culmination of Relay is an overnight - '' _ _ `, :111::: r: event where teams come together, decorate their ,. campsites with a theme and celebrate. We celebrate life, �f. s Nr � survivors and hope. At the event there are activities that :r ���� energize the night as scores of people walk the track r 1' continuously during the night because "cancer never •......0.1t:14"44, -� ' ''` iiiiirri sleeps." 1 4..� , , .:gym , y.��P .0 Relay is a time of celebration where the entire community r joins together to show their support for survivors and the ,, Arne fight against cancer while enjoying activities, entertainment, camaraderie, and food. At every Relay, new friends are made, old friends are hugged, and hearts are touched by RELAX the magic that is Relay. It is an event like no other. FO ,LIF ' " 0n ' till --- .._ How did Relay For Life start? Our Signature Activity began in 1985 by Dr. Gordy Klatt in Tacoma,Washington who walked around a track for 24 hours and raised $27,000. Since then Relay For Life has grown into a spectacular annual event held in 19 countries, on 6 continents, and over 4,700 communities. Today Relay For Life is the largest nonprofit fundraising activity in the world with over 2.25 million participants. While each community's Relay For Life is unique, its greater power lies in the synergy created by all the Relays taking place worldwide. How does Relay For Life recognize Survivors? The most inspiring moments of a Relay For Life evening center around the survivors who are our honored guests. Relay begins with the Survivor's Victory Lap where they are cheered as they walk around the track. They are recognized in their own community and honored for their strength and perseverance. Their courage helps the community see that cancer survivorship is real—that we are making progress in the fight against cancer. What is the Luminaria Ceremony? When the sun goes down, hundreds of luminaria—candle lit paper bags - light the way under the stars to remember those lost to cancer, those who are currently battling it, and those who have fought cancer and won. As everyone walks the track in silence there is the time to reflect on dedicating ourselves to finding a cure. The luminaria that light up the night symbolize the hope with which we all continue to fight. A Is Relay For Life only about fundraising? ,,�4 � ,' t � ,�� No. Relay connects you to the support your American •' Cancer Society provides both nationally and locally. Pl.";'' i* ,�','k ''z%t �, . ' ,' `'k'''j,, Through Relay, you will become more knowledgeable ��„ • ',, '=�rii; .!, •L. y about cancer prevention and early detection. You will also n „ '� . : learn more about the services available for cancer patients � r` Yr"v ,a�..:,:•,4i..44 "` r y •sa • 5 � ���_.. r 4°+� ,t , 7 �N't, 1::....4 ; ' rt 4, and their families as well as opportunities to become more v• A , '• w i,, `,s s�+z1P4 k. + Involved. . �' 1 °z f;� By 2015, the American Cancer Society aims to prevent ', ; • ,i{,, • ,:i°•, 3 r close to five million deaths from cancer, avoid six million ' ���;• , • ,. .�, 19 ,-1,11",kr ,x'=' new cancer diagnoses and measurably improve the quality •�``�.+-a» Eta` 3avk'.� ,a.S4,,sj,Yi�R�. Yt ;',4,: of life for those with the disease. Your support is bringing-:• • us closer to realizing these challenging goals. S., i ' ,.litwah ` EEERR .. io THE COMM -TEE Deni Se. Pfrnbcut5Y10 -f'4cL a 4/11#-tCt Co ,Nhff1 el Gin ti9ec, Re,temy For IP G G4 (VI OfIN aSp✓1 , AMtr icdkil G•rtcr SoCi Lovejoy Village Association 02/19/2016 To: City Clerk Buffalo NY Re: Discretionary Funds Measure Addendum Request. Request for Late Filing My group is calling for an addendum to the Discretionary Funds Measure to include Further Oversight into How these funds are requested and dispersed. It has come to my attention that a City of Buffalo Council member can circumvent the oversight procedure put in place by the City Comptroller by"Not Disclosing" who the End Recipient of the Funds will be by only Identifying the "Vendor" as the "Recipient" not the actual "Recipient" This is a flaw in the system that can cause abuse or theft.We are requesting that an additional measure be inserted to the Original Discretionary Funds policy to keep this from happening and to remove the temptation to request Discretionary Funds in the manor that does not identify the end user of the funds. , . hilip L Beavers Jr. Executive Director Lovejoy Village Association RECEIVED AND FLED Lovejoy Village Association 716-861-1445 Office "Stewart of the Next 100 years" 1160 E. Lovejoy St www.LovejoyVillage.org www.LiveLovejoy.com 0 0 4 7 V Love'o Village 02/19/2016 To: Buffalo City Clerk Re: Common Council Measure. "Late Filing Request" To the Common Council City of Buffalo we are formally requesting an installation of Multiple Plate Readers be installed to in a configuration that will recognize plates coming in and out of the E. Lovejoy Neighborhood. When the pilot program was initiated in the Broadway Bailey to Broadway and Memorial St. section of the city it forced All the Criminal Element out of that area into a relatively close neighborhood E. Lovejoy. When a building is demolished the demo company is ordered have an exterminator bait the surrounding area to keep the vermin from infesting in close proximity to their former location.This is the problem the city installed these readers and it forced all the drug dealers in to our secluded neighborhood. The infestation is bad and now with the Latin Kings making a play for this area there will surely be a War for this turf the residents of this area are not willing to be in the middle of. We are demanding that the - Pla - Readers be installed ASAP. Thank You -7 Philip L Beavers J : 7 Executive Director Lovejoy Village Association RECEIVED AND FLED 1 � Lovejoy Village Association 716-861-1445 Office "Stewart of the Next 100 years" 1160 E. Lovejoy St www.LovejoyVillage.org www.LiveLovejoy.com 0 0 kT7 3 Lovejoy Village Association 02/19/2016 Our Mission: The mission of The Lovejoy Village Association is to work with businesses and residents to improve the quality of life for our entire community. Our Vison: The Lovejoy Village Association is a hub for community involvement that enhances the unique urban character and business history of this community. Our commercial district is economically challenged, and it requires vacant store front agree to rent these properties. Right now the business district is walkable,clean, safe, and ready to attract new residents and businesses. Creating a welcoming attitude and distinct sense of community is the goal of this association. We plan on Building on the past success of the largest Businessman's association in Buffalo. WHO &WHAT IS THE LOVEJOY VILLAGE ASSOCIATION In 2004,The Lovejoy Village Association was founded by a partnership of business owners and residents that share a commonality to share Quality of life in a Neighborhood we can all be proud of. The New Lovejoy Village Association harkens on the Past where Lovejoy was the Largest Then in 2015 it received its not-for-profit status, and began serving citizens of The Lovejoy District Buffalo NY. The purpose of The Lovejoy Village Association is to preserve and protect the unique architecture, history and nature of E. Lovejoy Street and its surrounding residential streets by increasing civic involvement and encouraging neighborhood revitalization.The long-term goals of the organization are to strengthen the economic competitiveness of the neighborhoods commercial districts based on its proximity to the growing Buffalo Niagara Medical Campus and to the New State Funded Riverbend Facility this in an effort to Re-Neighbor E. Lovejoy district with New Home Owners and Solid Renters we are creating a community that is centric in education focused on creating a child friendly community environment coupled with many niche businesses. We are working to improve the quality of life in the surrounding residential streets as the business district grows.Short-term goals are to identify and implement mechanisms that foster economic growth and prosperity, to promote stabilization of the neighborhood, and to work with governmental offices and community based groups that can have a positive impact on the area and our city. A main goal is to create a true "Walking Community Vibe",we will work with the city to bring improvements to city owned infrastructure and maintain historically significate properties. Lovejoy Village Association 716-861-1445 Office "Stewart of the Next 100 years" f3 1160 E. Lovejoy St www.LovejoyVillage.org www.LiveLovejoy.com Lovejoy Village Association 02/19/2016 C° In 2016 The Lovejoy Village Association hopes to hire its first executive director.The hiring will be made possible utilizing a partnership with the Local Initiatives Support Corporation (LISC) and the City of Buffalo.The Executive Director of The Lovejoy Village Association is charged with ensuring the continued revitalization of the Lovejoy Village.This is being done by using a comprehensive approach to revitalization based on the 2015 Main Street Initiative model known as the four-point approach.The four-point approach involves setting up committees that look at urban design, promotion and marketing, economic restructuring, and organization.This along with our first grant award of$275,000 Our Committees: To fulfill its mission,the Lovejoy Village Association is creating a number of active committees. Each committee is composed of a combination of board members, professionals, and community members that will be charged with the task of developing and implementing programs and projects to improve the quality of life in the Lovejoy Village. Our current plan for the new committees include: Design, Economic Development, Marketing, and Neighborhoods. The purpose of this letter: We are seeking Formal Recognition from the City of Buffalo to legitimize our efforts and to introduce ours group as the Neighborhood liaison for the residents of E. Lovejoy and the city to help facilitate change and action on the most pressing matters that our residents are concerned with. We are currently drafting a Neighborhood Standards that complement the City's own set of standards. This will establish a quality of life standard that we will expect the property owner's adhere to in the E. Lovejoy Business and Residential District. We will be introducing this Set of Standards to the Common Council in the next 2 weeks. Phi ' -:'- - Jr. xec ive Direc r 2 Lovejoy Village Association • RECEIVED AND FLED Lovejoy Village Association 716-861-1445 Office "Stewart of the Next 100 years" 1160 E. Lovejoy St www.LoveiovVillage.org www.LiveLoveioy.com 00 4 7 4111614 RQADLESSTRAVELED PRODUCTIONS - -BUFFALO.NEW YORK February 24, 2016 Executive&Artistic Director Scott Behrend Council President Darius G. Pridgen Managing Director City of Buffalo Common Council Gina Gandolfo-Lopez 1315 City Hall Literary Director Jon Elston Buffalo, NY 14202 Board of Directors Re: Ellicott Development,500-512 Pearl, and 329-331 Franklin Ellen Hassett Cahill,Chairman Monish Bhattacharyya,Vice Chair Dear Council President Pridgen and Councilmembers; Joan Rice,Treasurer Robert Hairston,Secretary I write to you today in my capacity as Chairman of the Board of Directors of Road Less Donna Hutchison Cicero Traveled Productions(RLTP). I would like to express my full support for Ellicott Dr.Gary DiNezza Development and of its 500-512 Pearl Street project.At present,the Council is Bernhard J.Huber discussing the merits of further pursuing possible local landmark status for a structure Carolyn Human located at 331 Franklin Street (alternatively referred to as 329 Franklin and commonly Brenda Weber-Miller referred to as the Bachelor). In concert, I would like to submit the following. Dr.William Reynolds Hank Sokol As approved by the City of Buffalo Planning and Zoning Boards, Ellicott's 500-512 Pearl Sarah Tanbakuchi Lamontwilliams Street project preserves a remarkable building of historic and architectural significance. This building, located at 500-512 Pearl Street and commonly referred to as the former National Advisory Board Buffalo Christian Center, houses the new Road Less Traveled Theater. RLTP moved into Alec Baldwin the space just over six months ago,following the sale of the public building housing our Eric Bogosian operations. RLTP patrons and constituents, of all ages and backgrounds, as well as the Scott Ellis City of Buffalo,County of Erie,and virtually every area foundation have been highly A.R.Gurney supportive both of Ellicott Development's willingness to provide us with a new home Stephen McKinley Henderson and of RLTP's hard work in transitioning to the new space—thus remaining in the James Rebhorn* Downtown Buffalo Theatre District, central to our non-profit mission of accessibility.The approved 500-512 Pearl Street project exemplifies Ellicott Development's dedication to Mailing Address preserving structures of significance as well as the company's dedication to community PO Box 542,Buffalo,NY 14205 cultural assets such as RLTP.The building located at 331 Franklin does not merit Performance Space landmark designation nor does it merit obstruction of the 500-512 Pearl Street project. 500 Pearl St,Buffalo,NY 14202 Box Office&Subscriber Line (716)629-3069 I am proud of our City,grateful to be of service to our community in my capacity as Web Board Chairman, and thankful to the Council for its consideration of these facts. roadlesstraveledproductions.org Twitter Respectfully, @RLTPPLAYS TO THE Facebook v REFERRED ON Road Less Traveled Productions Ellen Hassett Cahill COMMITTEE Chairman, Board of Directors LEGISLA TION Associate Member of National Cc: Scott Behrend, Gina Gandolfo Lopez Np New Play Network 6Y/ 0 t7 800-900 Main Street Restaurant Association ,i \ c/o Preservation Pub 948 Main Street Buffalo, NY 14202 Ph.: 716/332-0510 Mr. David A. Franczyk Fillmore District Common Council Member 1408 City Hall, Buffalo NY 14202 Dear Mr. Franczyk, This is an exciting time in the Fillmore District. We are proud to be part of this moment, and are excited to support, in particular, the growth of the medical campus. Obviously, we recognize the increased development here as potentially benefiting our businesses, and our employees and families who depend upon our success. Such significant development requires adjustment, particularly by those who live and work in the neighborhood, or by those who commute through our neighborhood. Parking and lane restrictions would be examples of these adjustments, but they also necessitate the examination of a resulting problem. You are already aware of the ongoing need to pay attention to the latest boon to Buffalo: the almost ubiquitous food trucks. People love them. But the city has had, at times, to regulate and enforce some elements of their deployment, particularly as they impact stationary restaurants which find, and require, deep roots in the communities they serve. More recently, we have noted so-called canteen trucks in the neighborhood which are regularly parking in front of our restaurants and in restricted areas, most notably intersections. It is our understanding that some of these canteen trucks are selling pre-packaged foods without pre-orders and, it seems in some cases, without licenses. It is important that you consider the following: 1.) We not only serve the ongoing construction, which we understand has in some cases legally hired canteen trucks, but we are a stable influence in this neighborhood and intend to stay here Ij once the development of the medical campus is complete. 2.) Canteen trucks, inasmuch as they park in front of our businesses and within lanes of foot- traffic (illegally), jeopardize our businesses and our standing in a community we intend to sustain. 3.) City Ordinance requires that food trucks be at least 150ft from any restaurant. Even under ordinary circumstances the same should apply to canteen trucks for all the same reasons. Thank you for your service and representation on.this • portant is /63 Representing PreservationPubRepre- iting Roly oly r •,fy/ • Rep esenting CoCo Representing Loved y Pi za Cc:, , Mayor Brown Kevin Hilfer Chief Patterson Members of Common Co cil� � 1,r , , /JG F �r l y Is IC s!r. to, ii�� C / N LEGISLATION. f) x. 80 _4:10:',:t7 ..----'- --- --.4‘ O=-`--:,/, ---' `- ,_- Common Council COMMITTEES fi =�ti Q_ Common♦ �1 { Claims 1,6= Community Development,Chair -t 1 = CITY OF BUFFALO y p ,, J_ Legislation =__�- SPECIAL COMMITTEES `CATY- Budget BURR Joseph Golombek,Jr. Education North District Council Member MSEC Waterfront Development 65 Niagara Square,1502 City Hall SENIOR LEGISLATIVE ASSISTANT Buffalo,NY 14202-3318 Sandra Frieday-Lewis Phone:(716)851-5116 • Fax:(716)851-5648 ASSISTANT LEGISLATIVE AIDE E-mail:jgolombek@ch.ci.buffalo.ny.us Michael Mazgajewski 23 February 2016 Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 Dear Mr. Chwalinski: Please file the attached article regarding an alternative option for public broadband that we should look at for Buffalo and refer to committee for discussion. Your assistance is greatly appreciated. Sincerely, .44 ) U. Joseph Golombek, Jr. North District Councilmem i-r Enclosure 61L) City-owned fiber plus private sector service providers: a better public broadband model for cities? FEBRUARY 3, 2016 BY ESME VOS5 COMMENTS Two U.S. cities, Santa Cruz (California) and Westminster (Maryland) have chosen a different model for public broadband deployment: one that separates the ownership of the underlying fiber infrastructure from the service layer and that does not place all of the risk and costs on the private service provider. This is not the model that most US municipalities follow and one can see the results: Americans pay a lot of money for average to below-average broadband service and theycomplain about the lack of choice (it's the cable guy or the telecom guy). For over ten years, cities have opted to deploy their municipal wired and wireless broadband networks using the "franchise" model. Under this (old) model, the city issues an RFP seeking a company to build out a broadband (wired and/or wireless) network at the company's own cost and deliver broadband service to residents and businesses. The city pays nothing and thinks it's being very clever, but it creates a monopoly yet again, as cities did when, decades ago, they awarded one cable company a monopoly to provide cable TV service to households. The franchise model imposes all of the risks and costs on one firm and therefore ensures that the only companies that can afford to roll out high-speed broadband service are large incumbent cable and telecommunications firms, not small, local enterprises. There's a better way. The "shared risk" model —where the city pays for and owns the broadband infrastructure and leases out capacity to service providers — is more appealing to residents and businesses. Under this model, end users can choose from a variety of service providers and even in the case where the city hires one service provider, it can always terminate the contract if the provider does not meet levels of service specified in the contract. The shared risk model makes it more attractive for private firms, especially small, local ones, to participate in delivering high-speed broadband to their communities. Two cities that follow the shared risk model Santa Cruz, California (a surfer's paradise and quirky little city on the coast in Northern California) is investing $52 million in a fiber broadband network and has selected Cruzio, a local ISP and one of the oldest Internet service providers in California, to serve as network operator and service provider. Santa Cruz is home to the University of California at Santa Cruz and despite its proximity to Silicon Valley, it does not have gigabit fiber broadband access. Many tech professionals live in Santa Cruz, in addition d to students and professors. Santa Cruz residents and businesses are excited about the rollout of fiber broadband service in their city. Westminster, Maryland (45 minutes from Baltimore and one hour from Washington DC) has entered into a fiber-to-the-premises partnership with Ting Internet in which the city pays for and owns the fiber, while Ting pays the city to lease the fiber network and deliver services. Westminster has redundant fiber connections to the Baltimore Internet POP—connections. Using this model, the city does not have to enter the broadband service business, where it has no expertise, and it will receive money by leasing its network. Ting does not have to make a large investment in infrastructure, thereby incurring fewer risks in its Westminster venture. The shared risk model in Westminster gives residents and businesses an alternative to the incumbent cable and telecoms companies in the region. Further reading on public broadband options The New America Foundation has published a document entitled The Art of the Possible: Overview of Public Broadband Options. This document summarizes the different network ownership and governance models for municipalities, an overview of broadband technologies (including their advantages and disadvantages), and business models for publicly owned networks. AI 1 �5 Fiber Provider 5L {Abri t Hu "Cobble] neer Optic Share this: • • 11111111111111111111111111111111111111111111111111111• • lickto em61iliths.to a'frien ff(Opens in new; indow) • Related REFER ED TO THE COMMITTEE ON O gaagUNITY DEVELOPMENT. TELECOMMUNICATIONS MIS PUBLIC WORKS CORPORATION COUNSEL Los Angeles issues RFI for fiber and wireless broadband networkApril 7, 20141n "City& County WiFi Networks" Seattle broadband report recommends municipal networkMay 25, 20051n "WiFi News" San Francisco's Fiber-to-the-Premises Study ReleasedJanuary 31, 20071n "Fiber Broadband" FILED UNDER: CITY & COUNTY WIFI NETWORKS, FIBER BROADBAND 0046f , Maxine Insera 0 74 Wellington Rd. Buffalo,NY 14216-2809 0-vatvz, 711-7 —'Res ' 1 1 , 24 , / /, a! tx,c4._ v'2-- “,- , 7) /6,1 ,e. ylt..4} .4e,5_,..-ed.( , fitA,L,646 ,:--g-,"2/10-7-rtA-- r ajii -} i pai r APtt:s - .../ Rzi nceita_, - a — 717/0_5) U r7 ) iota ' • ' --.ii. ieut- _ , .. , 4 / - , 1 ayti)Le . , ) d „2 2„70-2,,i(t_, 1 1 z ; 14-ec:_ , , -(-4)--ra-Geg , -77-4...x.- . , , . Lt/ 77) c a-ee.-e4 5 )7 nt.e._ ' 1A---) 2a4ce..-- t , /L -- ' ( ; / / o,, 0 7?6e, Al; d."4,t/ & & L , 44, , e'' >it e--e-A--c --i-- tir), _.-e i.,, 7.1u,a-- :4_ Lef-e-b- 4,t,-1( ;IF (eta-_ , -.7)..4,....„e_.-p-vtrt - t•-*_-.. 0,11.1" CZT6a rAti / ll,/ /. frx.01,) /14_e___ 1 Z4)-6- /L ' <_(. ' -"- •zi -rir_t_c-,_. ,-e J rOle PliMastrnoS 'VI ii- 1..le.i 1.-- MEADERS,--144k.S' 1 RL7-iFIERRrn TO '17-2 COMMITTEE 4 ON LEGISLATION. 0 0 4 82. February 6, 2016 531 Dodge Street Buffalo, NY 14208 Darius G. Pridgen - Council President Ellicott District Common Council Member 1315 City Hall, Buffalo NY 14202 Phone: 716-851-4980 ♦ Fax: (716)851-6576 Email: dpridgen@city-buffalo.com To Whom It May Concern: Mr. Zaid A. Alhariri is planning to take over the lease and management at the Dodge Express Market (529 Dodge St.). Mr. Alhariri has lived, worked Market at the Market for a number of years, connected with the community, and is very approachable. After discussion with Mr. Alhariri, he informed this writer that he plans to keep operation of the Market's business hours the same, insure that produce and sales items are updated, keep the environment cleaned, and hire local residents as opportunities become available. At this point, this writer will indorse that Mr. Zaid A. Alhariri be able to take over the lease for the Dodge Market. If there are any questions, please contact me. Sincerely, Paul E. McDougald Zaid A. Alhariri Community Block Club #3 President Dodge Express Market (716)381-2038 pemcdougald@gmail.com RECEIVED AN* FLED fi 00 4 83 The TOuffato (Common Council CHRISTOPHER P. SCANLON =5'E-4-= CHAIRMAN SOUTH DISTRICT COUNCIL MEMBER — -0=_ FINANCE 65 NIAGARA SQUARE,1401 CITY HALLvrigrimf3' Q= TRANSPORTATION BUFFALO,NY 14202-3318 I 3y` WATERFRONT DEVELOPMENT PHONE:(716)851-5169 ♦ FAX:(716)8514294 COMMITTEES �- E-mail:cscanlon@city-buffalo.com BUDGET CIVIL SERVICE LEGISLATIVE ASSISTANTS PEGGY SHEA March 1,2016 JUSTIN STEINWANDEL Dr.Kriner Cash, Superintendant Buffalo Public Schools 65 Niagara Square,Room 712 Buffalo,NY 14202 Dear Dr. Cash: Thank you for your letter dated February 29, 2016 addressing the Buffalo Common Council's concerns regarding the safety of students on school busses. I could not agree more with your sentiment that student misconduct is an issue that not only requires supervision on busses,but professional intervention by trained faculty and staff inside of schools.I fully support expanding both the staffing of bus aides AND student support services provided in schools. As you stated in your letter, adequately staffing busses would require the hiring of an additional 312 new bus aides at an approximate cost of$4 million. I certainly will enthusiastically join you in advocating for funding increases at the state level.However,I am aware that these funding increases may not be awarded,in which case,the district will look to the Buffalo Common Council for increased funding. While I am not wholeheartedly opposed to increasing funding to the Buffalo Public Schools, especially in areas pertinent to the safety of students, as a representative of the taxpayers of the City of Buffalo, I must first insist on seeing a detailed breakdown of how the $70 million currently allocated by the Common Council is being spent by the district. It would be irresponsible for the honorable body I serve on to increase funding without a thorough understanding of how taxpayer dollars are currently being used. I respectfully request that you provide the Buffalo Common Council with the appropriate documentation detailing how the $70 million allocated by the council is being used as soon as possible so that we can discuss it in detail at the next Buffalo Common Council Education Committee meeting scheduled for Thursday, March 10, 2016 at 1:30pm. Please feel free to contact me with any questions at 716-851-5169 or cscanlon@city-buffalo.com. I look forward to working with you to find a solution to the current bus aide staffing shortage. Sincerely, hristopher P.Scan+ President Pro Tempore RECEIVED AND FILE* South District Councilmember cc: Buffalo Common Council Members Buffalo Board of Education Members t"�rnB u ffa/o � '' 4 NB The North Buffalo Organization Inc. • January 27, 2016 Joel P. Feroleto Delaware District Council Member 1405 City Hall Buffalo,NY 14202 Dear Councilman Feroleto, After many discussions with the residents of North Buffalo and much deliberation amongst our board of directors,The North Buffalo Organization strongly supports the passage of the Buffalo Green Code. The Green Code emphasizes the importance of the character of our neighborhoods and does away with the antiquated idea of separation of uses in favor of mixed-use walkable neighborhoods. This is consistent with the goals of The North Buffalo Organization to improve the quality of life for our residents. As such we strongly recommend approval. As with any large and complex undertaking,we understand that not every person or organization will be 100 percent satisfied with the end product. Understanding this,we endorse the current draft of the green code, despite having a few recommended changes.We take to heart the adage to "not let the perfect be the enemy of the good". With that said,we recommend the following four changes: 1. Zone Kenmore and Delaware Avenue as N-3C and N-3E instead of D-S. Currently, Kenmore Avenue and Delaware Avenue have a hodgepodge of different zones,ranging from N-3C and N3-E to D-S. We need to answer the important question of"what do we want these important commercial streets to look like in 25, 50, or 100 years?"The streets need to be zoned to reflect those community goals. a. Kenmore Avenue.It appears as though each lot on Kenmore was zoned to reflect the type of building presently onsite, this results in inconsistency between neighboring blocks. We recommend that the D-S zoned lots on Kenmore Avenue be changed to N-3E in order to more properly reflect our neighborhood's vision for the future of Kenmore Avenue. b. Delaware Avenue. Delaware Avenue between Avery and Tioga Avenues is zoned as N-3C or N-3E;we believe this is appropriate. However,north of Avery and south of Tioga are zoned D-S. This designation would allow a developer to demolish such beloved neighborhood institutions as Oliver's Restaurant and City Creatures Animal Hospital, among others, and replace them with strip-malls. This is unacceptable.We envision a future for Delaware Avenue where the current core of two and three-story THE NORTH BUFFALO ORGANIZATION INC. 2 Wallace Avenue I Buffalo, NY 14214 I info@northbuffalo.org I www.NorthBuffalo.org mixed-use buildings is complemented by similar new builds.We recommend that Delaware Avenue be zoned as N-3C and N-3E exclusively in order to move toward that goal over time. 2. Change the minimum lane width to 9 feet and maximum lane width to 10 feet on our city streets. Current research indicates that lane widths of greater than 10 feet encourage speeds in excess of 35mph. Lanes of greater than 11 feet are consistent with highways and typically support traffic at speeds in excess of 55mph. Such wide lanes are not appropriate to city neighborhoods because they encourage speeding,which jeopardizes the safety of pedestrians,bicyclists, and motorcyclists. North Buffalo is a walkable, family-friendly neighborhood, and its streets must be designed with the safety of all users as the paramount consideration. The Green Code identifies a target speed of 25mph or 25-30mph for each of the following street types: Residential Streets,Mixed-Use Streets,Residential Avenues, Mixed-Use Avenues,Residential Boulevards,Mixed-Use Boulevards, and Multiway Boulevards. We recommend travel lanes on each of these types of street be between 9 and 10 feet,which is consistent with the most recent NACTO safety standards for urban areas, in order to ensure that the design speed equals the target speed. 3. Eliminate the "shopfront" building type city-wide, or at minimum on Hertel and Delaware Avenues. This single-story commercial building type is not compatible with the future of the vibrant walkable neighborhood of North Buffalo. Two and three-story buildings on our commercial streets provide the vibrancy and commercial options that are important for our neighborhood's continued success. Second and third floor apartments provide housing options for the needs of our diverse residents,while second and third floor offices provide needed employment opportunities. 4. Prohibit billboards on Hertel, Delaware, and Kenmore Avenues. Billboards,known as "Off-premise Signs"in the green code,provide visual clutter to North Buffalo and do not belong on the many small commercial buildings in the neighborhood. They are tacky and overpower the historic architecture and beautiful landscapes of North,Buffalo. Billboards are not allowed in N-2C and N-2E zones,but are allowed in N-3C zones with a special use permit.As a result, Elmwood Avenue is protected from this visual clutter,but Hertel is not. We recommend that billboards be banned on Hertel, Delaware, and Kenmore Avenues. The above changes will perfect an already very strong Green Code. Please take these changes into consideration as you work with the various executive departments that are responsible for the code. The North Buffalo Organization is ready to discuss these recommendations further if needed. Thank you for your work on this important project and we look forward to its speedy adoption. Sincerely, REFERRED TO THE CO TTEE LATIoN. ordan Then Board Member The North Buffalo Organization THE NORTH BUFFALO ORGANIZATION INC. 2 Wallace Avenue I Buffalo, NY 14214 I info@northbuffalo.org www.NorthBuffalo.org Lal,Dinash From: Alex Bitterman <alexbitterman@gmail.com> Sent: Tuesday, February 23, 2016 10:22 AM To: Lal,Dinash Subject: Green Code Support Dear Dinash, This note comes in strong support of the Green Code currently under discussion in the city. From a professional standpoint, I strongly urge its quick adoption(the city has been dragging its feet too long on approving this noteworthy and revolutionary) as it will enhance walkability and motility around the city. Significant improvements will be realized by the removal of minimum parking requirements. This vital change will improve walkability and equity and letting the market, rather than zoning regulations, determine the size of parking lots and how our citizens use the urban space. This is a chance for Buffalo to shine and to be a forward-looking leader with regard to codes and zoning. It has my strong support. Sincerely, Alex Bitterman, MArch, PhD Chair Department of Architecture & Design Alfred SUNY College of Technology Alfred, New York Proprietor Inspector M International Home Inspections http://www.inspectorM.com Editor-in-Chief Multi: The Journal of Responsible Design and Architecture http://www.multi-journal.orq. Associate Editor Critical Studies in Men's Fashion http://www.intellectbooks.co.uk 1 Lal,Dinash From: Hess, Daniel <dbhess@buffalo.edu> Sent: Tuesday, February 23, 2016 10:36 AM To: Lal,Dinash Subject: Green Code comments I strongly encourage that the Green Code be adopted immediately. I especially would like to lend strong support for the removal of minimum parking requirements in the Green Code. This is a major step forward in Buffalo where parking is oversupplied and surface parking interrupts cityscapes and reduces pedestrian conveniences. In a city like Buffalo which was development-starved for many years, the market,not zoning laws, should be used to determine how many off-street parking spaces are needed. No minimum parking requirements in the zoning code will improve contextual urbanism and Buffalo and allow Buffalo to be a leader in urban equity, since everyone, whether or not the own/drive an automobile, currently pays for ample"free"parking in Buffalo through higher costs for goods and services. By way of support, I also include an article I wrote one year ago that was published in The Buffalo News (Going green: Pedestrian accessibility enhances urban vitality in Buffalo, February 22, 2015) http://www.buffalonews.com/opinion/viewpoints/going-green-pedestrian-accessibility-enhances-urban-vital ity- in-buffalo-20150222 City planners have used the development of a new city zoning ordinance,the Green Code—to be adopted in the coming months—to reinvigorate planning for pedestrians in Buffalo. The Green Code encourages walkable design by increasing urban density and enhancing the attractiveness of streetscapes. By de-emphasizing automobile access and parking, reflecting the wishes of many residents during public outreach events, the Green Code promotes walkability, bicycle access and transit-oriented development. Compact and walkable neighborhoods, from which residents can easily reach a variety of daily needs on foot, were a building block of Buffalo's successes during the 20th century. Despite decades of population decline and disinvestment, key ingredients of those walkable places—neighborhood character, diversity of buildings and pedestrian-friendly sidewalks and street crossings—remain as vital components of Buffalo's urban places To encourage more walking and less driving, public leaders, city officials and researchers throughout the United States first used environmentally motivated arguments to encourage people to walk more and drive less, since walking trips are energy-neutral and non-polluting. Recently, communitywide health benefits have influenced a shift toward walking, since "active"travel and exercise can improve individuals' cardiovascular health and lower body mass indices while at the same time connecting people to communities. Why do people choose to walk? They do so primarily for two reasons. "Necessity" walkers lack alternatives and usually do not own automobiles, and walking is their primary travel mode. "Lifestyle" walkers generally own automobiles but prefer to walk for certain trips, including fitness and recreation, but also shopping and other utility trips and travel to work or school. Urban density and presence of amenities are necessary to increase walking rates for both groups, and social class and education are associated with walking behavior. 1 Recent U.S. Census data suggests that 31 percent of households in Buffalo do not have a vehicle available—one of the highest rates among U.S. cities—a statistic that has long been linked to low incomes and high poverty rates. Only 30 percent of households in Buffalo are "conventional"two-vehicle households. With the link between healthy lifestyles and sustainable transportation capturing public attention, many people are rediscovering the attraction of living in a walkable neighborhood. Walkable neighborhoods allow residents to choose non-motorized transport—both walking and biking—for some of their travel needs, and make public transit more efficient. A national survey conducted by the Pew Foundation determined 48 percent of Americans prefer compact and walkable neighborhoods compared to other alternatives. In Buffalo, commercial corridors and neighborhood centers—including the Elmwood Village, Grant Street, Hertel Avenue, Broadway and South Park Avenue—are surrounded by high-density housing and serve as neighborhood anchors. Housing for a range of income types keeps neighborhoods diverse. Compactness in Buffalo is achieved through small lot sizes and "double"houses. With 67 percent of dwellings in Buffalo built before 1940, driveways and garages were less prevalent on private property when neighborhoods were established. "Younger" cities than Buffalo (Las Vegas, Phoenix) have more post-World War II development and tend to have far less pedestrian infrastructure and walkable features than Buffalo. Walkable neighborhoods in Buffalo have recently received national attention. WalkScore, an organization that measures walkability nationwide and provides data to the real estate industry, assesses how pedestrian-friendly a place is by evaluating population density and roadway characteristics such as block length, intersection crossings and relative ease of reaching important destinations. Buffalo recently scored in first place on a list of cities with neighborhoods that are both walkable and affordable. Reasonable housing prices can be found in Buffalo in many places with convenient accessibility. The characteristics of affordability and walkability are mutually reinforcing as they serve to attract residents, revitalize neighborhoods and build community. Convenient opportunities for walking can encourage—among citizens, residents and visitors—participation in local economies and may enhance people's relationships with their surroundings. New research suggests high levels of walkability reflected in WalkScores are associated with higher economic performance of cities and their neighborhoods. Walkability is enhanced by its relation to other non-motorized travel opportunities. In recent years, Buffalo has supported a home-grown car-share organization, Buffalo Car-Share, which now has 20 vehicles and 850 members. City leaders have expanded the number of on-street bicycle lanes and have commissioned a Bicycle Facility Master Plan for Buffalo. The Green Code will enhance further walkability and bicycle access by improving connections and refining streetscapes. (Buffalo's seven-year-old Complete Streets policy, which requires that all travel modes be considered during street reconstruction projects, will move toward fuller implementation in the Green Code.) Developers are currently working to convert Buffalo's old industrial buildings into residences. Much of this activity is occurring downtown and in a swath of land on the near East Side running north to south parallel to Main Street. From these places, there is ample opportunity for residents to walk to work downtown. An expanding Buffalo Niagara Medical Campus promises to reinvigorate walkable neighborhoods that surround it. Vacant lots located downtown and in places that immediately surround downtown offer the potential for new buildings, and the Green Code encourages small-scale development and does not require off-street parking. Such walkable places can be attractive to singles, families, retirees and empty-nesters. AARP and other advocates for older adults lobby throughout the United States for walkability and argue that safe and convenient walking environments are critical to age-friendly urban spaces. 2 (G`(K Naturally,there is room for improvement in Buffalo's walkability. More amenities are needed for residents, and it is hoped that the Green Code will encourage the development of small businesses and neighborhood development. The addition of new pockets parks and playgrounds will attract walkers, especially in neighborhoods that are now being reinvigorated with new housing. Walking is not a convenient option or even a possibility for many trips, especially for those involving cargo, chauffeuring children or covering great distances. But in a walkable neighborhood design for accessibility and convenience, even those who rely on driving for most of the travel may choose to walk for some trips, such as a buying a newspaper or a quart of milk. After years of stagnant growth and languishing development, Buffalo is now at the cusp of leading American cities in reinventing how citizens and residents interact with urban space and the relationship between economic development and urban vibrancy. These potential changes are significant and analogous to the decisions made in Portland, Ore., in the 1970s that ushered in a new model of regional governance, setting the stage for urban growth and envied by urbanists from around the world. When the Green Code is adopted, Buffalo could topple Portland from its long-seated throne as the "best" planned city, and may help Buffalo regain its glory days as a hotbed for civic engagement, walkable and connected neighborhoods, and urban vibrancy. Daniel Baldwin Hess is an associate professor in the Department of Urban and Regional Planning at the University at Buffalo. • Daniel B. Hess, PhD Associate Professor Department of Urban and Regional Planning University at Buffalo, State University of New York Phone:(7.16).829-5326 E-mail: dbhess(aibuffalo.edu Web: http://ap.buffalo.edu/People/faculty/department-of-urban-and-regional-planning- faculty.host.html/content/shared/ap/students-faculty-alumni/faculty/Hess.detail.html •3 Going green: Pedestrian accessibility enhances urban vitality in Buffalo - Opinion- The B... Page 1 of 3 ecco Tuesday January 12,2016 The Buffalo News.com(I) Opinion .. -47— k rt4, r� t ,.,, , 1;111.1' ''' ' - 4,y1:73') , ''' ' . f,� t t re'Jet � r ° L.1 a',: *.4 1 t x':- ',e ,.asigiff,.,A .z .,,,,, ,, w4 L.M ,, ,, "i!tk,:..7. ., ,,,,_?....7.;:„..,m,.,: ,:,,,,,,,,..„0,-„.., ,..„,c,: _..": ,,,... , t . 0, 4.. .t,..,1.,./.1„,1,,,,44,1„,.0.„. ,,.. ... • ,, V , , s im- dY ., ' Tom' ,, � :�" � J r�i ,-..., 4,6,y.... 4. It ..,,, a sas I,:,4e,,,,,.,444 4 ` f ,f tt '� fi L Y Going green:Pedestrian accessibility enhances urban vitality in Buffalo Buffalo's Green Code will enhance urban vitality and promote healthy living by encouraging walking,bicycling and public transportation By Daniel Baldwin Hess SPECIAL TO THE News Updated:February 19,2015,05:16 PM published:February 22,2015,12:01 AM City planners have used the development of a new city zoning ordinance,the Green Code—to be adopted in the coming months—to reinvigorate planning for pedestrians in Buffalo.The Green Code encourages walkable design by increasing urban density and enhancing the attractiveness of streetscapes.By de- emphasizing automobile access and parking,reflecting the wishes of many residents during public outreach events,the Green Code promotes walkability,bicycle access and transit-oriented development. Compact and walkable neighborhoods,from which residents can easily reach a variety of daily needs on foot,were a building block of Buffalo's successes during the 20th century.Despite decades of population decline and disinvestment,key ingredients of those walkable places—neighborhood character,diversity of buildings and pedestrian-friendly sidewalks and street crossings—remain as vital components of Buffalo's urban places. To encourage more walking and less driving,public leaders,city officials and researchers throughout the United States first used environmentally motivated arguments to encourage people to walk more and drive less,since walking trips are energy-neutral and non-polluting.Recently,communitywide health benefits have influenced a shift toward walking,since"active"travel and exercise can improve individuals'cardiovascularhealth and lower body mass indices while at the same time connecting people to communities. Why do people choose to walk?They do so primarily for two reasons."Necessity"walkers lack alternatives and usually do not own automobiles,and walking is their primary travel mode."Lifestyle" walkers generally own automobiles but prefer to walk for certain trips,including fitness and recreation, but also shopping and other utility trips and travel to work or school.Urban density and presence of amenities are necessary to increase walking rates for both groups,and social class and education are associated with walking behavior. http://www.buffalonews.com/apps/pbcs.dll/article?avis=BN&date=20150222&category=O... 2/23/2016 Going green: Pedestrian accessibility enhances urban vitality in Buffalo - Opinion- The B... Page 2 of 3 Recent U.S.Census data suggests that 31 percent of households in Buffalo do not have a vehicle available —one of the highest rates among U.S.cities—a statistic that has long been linked to low incomes and high poverty rates.Only 3o percent of households in Buffalo are"conventional"two-vehicle households. With the link between healthy lifestyles and sustainable transportation capturing public attention,many people are rediscovering the attraction of living in a walkable neighborhood.Walkable neighborhoods allow residents to choose non-motorized transport—both walking and biking—for some of their travel needs,and make public transit more efficient.A national survey conducted by the Pew Foundation determined 48 percent of Americans prefer compact and walkable neighborhoods compared to other alternatives. In Buffalo,commercial corridors and neighborhood centers—including the Elmwood Village,Grant Street,Hertel Avenue,Broadway and South Park Avenue—are surrounded by high-density housing and serve as neighborhood anchors.Housing for a range of income types keeps neighborhoods diverse. Compactness in Buffalo is achieved through small lot sizes and"double"houses.With 67 percent of dwellings in Buffalo built before 1940,driveways and garages were less prevalent on private property when neighborhoods were established."Younger"cities than Buffalo(Las Vegas,Phoenix)have more post-World War II development and tend to have far less pedestrian infrastructure and walkable features than Buffalo. Walkable neighborhoods in Buffalo have recently received national attention.WalkScore,an organization that measures walkability nationwide and provides data to the real estate industry,assesses how pedestrian-friendly a place is by evaluating population density and roadway characteristics such as block length,intersection crossings and relative ease of reaching important destinations.Buffalo recently scored in first place on a list of cities with neighborhoods that are both walkable and affordable. Reasonable housing prices can be found in Buffalo in many places with convenient accessibility.The characteristics of affordability and walkability are mutually reinforcing as they serve to attract residents, revitalize neighborhoods and build community. Convenient opportunities for walking can encourage—among citizens,residents and visitors— participation in local economies and may enhance people's relationships with their surroundings.New research suggests high levels of walkability reflected in WalkScores are associated with higher economic performance of cities and their neighborhoods. Walkability is enhanced by its relation to other non-motorized travel opportunities.In recent years, Buffalo has supported a home-grown car-share organization,Buffalo Car-Share,which now has 20 vehicles and 85o members.City leaders have expanded the number of on-street bicycle lanes and have commissioned a Bicycle Facility Master Plan for Buffalo.The Green Code will enhance further walkability and bicycle access by improving connections and refining streetscapes.(Buffalo's seven-year- old Complete Streets policy,which requires that all travel modes be considered during street reconstruction projects,will move toward fuller implementation in the Green Code.) Developers are currently working to convert Buffalo's old industrial buildings into residences.Much of this activity is occurring downtown and in a swath of land on the near East Side running north to south parallel to Main Street.From these places,there is ample opportunity for residents to walk to work downtown.An expanding Buffalo Niagara Medical Campus promises to reinvigorate walkable neighborhoods that surround it.Vacant lots located downtown and in places that immediately surround downtown offer the potential for new buildings,and the Green Code encourages small-scale development and does not require off-street parking.Such walkable places can be attractive to singles, families,retirees and empty-nesters.AARP and other advocates for older adults lobby throughout the United States for walkability and argue that safe and convenient walking environments are critical to age-friendly urban spaces. Naturally,there is room for improvement in Buffalo's walkability.More amenities are needed for residents,and it is hoped that the Green Code will encourage the development of small businesses and neighborhood development.The addition of new pockets parks and playgrounds will attract walkers, especially in neighborhoods that are now being reinvigorated with new housing.Walking is not a convenient option or even a possibility for many trips,especially for those involving cargo,chauffeuring children or covering great distances.But in a walkable neighborhood design for accessibility and convenience,even those who rely on driving for most of the travel may choose to walk for some trips, such as a buying a newspaper or a quart of milk. After years of stagnant growth and languishing development,Buffalo is now at the cusp of leading American cities in reinventing how citizens and residents interact with urban space and the relationship http://www.buffalonews.com/apps/pbcs.dll/article?avis=BN&date=20150222&category=O... 2/23/2016 Going green: Pedestrian accessibility enhances urban vitality in Buffalo - Opinion- The B... Page 3 of 3 1-G between economic development and urban vibrancy.These potential changes are significant and analogous to the decisions made in Portland,Ore.,in the 1970s that ushered in a new model of regional governance,setting the stage for urban growth and envied by urbanists from around the world. When the Green Code is adopted,Buffalo could topple Portland from its long-seated throne as the"best" planned city,and may help Buffalo regain its glory days as a hotbed for civic engagement,walkable and connected neighborhoods,and urban vibrancy. Daniel Baldwin Hess is an associate professor in the Department of Urban and Regional Planning at the University at Buffalo. Copyright 1999-2016-The Buffalo News copyright-protected material. • http://www.buffalonews.com/apps/pbcs.dll/article?avis=BN&date=20150222&category=O... 2/23/2016 4 85 i\ 266 Hartwell Road \ e Buffalo, NY 14216 1,),' February 22, 2016 • Buffalo Green Code Mayor's Office of Strategic Planning • D c( IIV[ • 920 City Hall • r�F33i!! D Buffalo, NY 14202 `^L" Re: Comments on proposed Buffalo Green Code and Local Waterfront Revitalization Plan (LWRP) To Whom It May Concern: It seems the proposed Green Code before us includes Outer Harbor development allowance for 25%of space for buildings with additional 25%of space for parking. I strongly object! Lack of protection for very sensitive Outer Harbor and Great Lakes ecology would be a stunning mistake with negative outcomes, not only for • Buffalo and its residents, but also for the larger Great Lakes eco-system,an international fresh water resource shared by the United States and Canada. • • It seems to me the entire Outer Harbor area,including parcels currently owned by NYPA, should be designated parkland. The Niagara River areas under US jurisdiction should be limited to ecologically-sensitive development that is 100%publically accessible. I support efforts to preserve the Niagara River Corridor Globally Significant Important Bird Area and to obtain federal designation as a marine sanctuary. The Green • Code should facilitate these priorities,not inhibit them. Please note public input from ECHDC meetings held in July 2014 clearly demonstrated overwhelming preference for NO residential development on the Outer Harbor. The public's preferences have been ignored by New York State's quasi-authority body,the Erie Canal Harbor Development Corporation. City of Buffalo elected officials and staff should'not ignore their.people. • Outer Harbor Terminals A and B might be re-purposed as park amenities. The Freezer Queen property, now in private hands,should be taken under eminent domain and the owner appropriately compensated. That action would remove a potential ecological threat from over development and creation of residential sprawl that • would compete with downtown and other nearby,existing and planned residential. Tourists do not travel to see condos. LaSalle Park is a poster child for those who suggest townhouses and condos are good for parks and greenspace. The City of Buffalo sold land to a private owner;townhouses were built immediately adjacent to LaSalle Park. Following that encroachment,the small restaurant,which offered rest rooms accessed from outside,was demolished. Thisoccurred in during the 1990's. No comparable park user accommodations have { been provided. Additionally,the long-standing band shell is mostly unused because of townhouse residents' complaints. • Thank you for considering*comments and rec n ,.a ions. • i Sincerely, • .[� WSWG ` '�a�rilIT EE Lynda K.Stephens• cc: Mayor Byron Brown,Council President Darius Pridge Delaware:Council Member Joel Fero e •other . Council Members;Congressman Brian Higgins,State Senator Marc Panepinto,Assemblyman Sean Ryan 00486 5`A� n (CouncttC(Commonn EDUCATION 744. COMMITTEES • CITY OF BUFFALO J_= CIVIL SERVICE =4 COMMUNITY DEVELOPMENT MINORITY BUSINESS ENTERPRISE LEGISLATIVE ASSISTANT ULYSEES O. WINGO, SR. FRANK GARLAND III MASTEN DISTRICT COUNCIL MEMBER OFFICE ADMINISTRATOR 65 Niagara Square VEOLA D.BROOKS City Hall 1414 Buffalo,NY 14202 Phone:(716)851-5145 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Ulysees 0.Wingo Sr. Date: Feb 23, 2016 RE: Buffalo News Article Regarding School Bus Safety I would like to file the attached information for the next Common Council meeting to be held on March 1, 2016 Thank You, Hon. lysees 0.Wingo Sr. Masten District Council Member CA4 Tuesday February 23,2016 The Buffalo News.com(I) 6D City & Region State probing allegations of abuse on Buffalo school buses Updated:February 23,2016,11:07 AM Published:February 23,2016,11:07 AM The State Education Department will investigate recent claims of sexual abuse on Buffalo school buses, state Sen.Tim Kennedy said Tuesday. In a letter to Kennedy,Education Commissioner MaryEllen Elia said she has directed the Pupil Transportation Safety Institute to investigate the allegations of abuse taking place on school buses.The institute is responsible for reviewing all allegations of fraud,waste and abuse in pupil transportation operations. Kennedy called for a state investigation after allegations recently surfaced that a 6-year-old student at a private school was sexually assaulted by an older student while riding home on a Buffalo school bus that lacked a bus aide in December. A separate,but similar,complaint was made in November about an incident on another Buffalo school bus without an aide. Police and school officials are still investigating. "We have a responsibility to ensure that our students'safety is a top priority,"Kennedy said in a prepared statement,"and if the safety standards of our school buses are found to have been inadequate in this circumstance,I trust that the Commissioner will expand her investigation to look at the greater gaps and the need statewide." Copyright 1999-2016-The Buffalo News copyright-protected material. REFERRED TO THE SPECIAL IEDUCATION COMMITTEE ON• 004 ' ,,,,„\f =SE (A CHAIRAN -- (Common Council EDUCATION COMMITTEES CITY OF BUFFALO J' _G=__j_T—YOF COMMUNITY DEVELOPMENT MINORITY BUSINESS ENTERPRISE LEGISLATIVE ASSISTANT ULYSEES O. WINGO, SR. FRANK GARLAND III MASTEN DISTRICT COUNCIL MEMBER OFFICE ADMINISTRATOR 65 Niagara Square VEOLA D.BROOKS City Hall 1414 Buffalo,NY 14202 Phone:(716)851-5145 MEMORANDUM . TO: Gerald Chwalinski FROM: Council Member Ulysees 0.Wingo Sr. Date: Feb 22, 2016 RE: Concerns Regarding The Relocation of Tapestry Charter School I would like to file the attached information for the next Common Council meeting to be held on March 1, 2016 Thank ou, /Agirseya. .... Uly ees O.Wingo Sr. Masten District Council Member cp SE�1 O Common Counctt EDUCHAATION -:: , � EDUCATION of------ F- ;'4_ COMMITTEES -*P-=; -7.- __- CITY OF BUFFALO CIVIL SERVICE =_ ' — COMMUNITY DEVELOPMENT C�T Y0� FINANCE ULYSEES O. WINGO, SR. MINORITY BUSINESS ENTERPRISE I WATERFRONT DEVELOPMENT MASTEN DISTRICT COUNCIL MEMBER LEGISLATIVE ASSISTANT 65 Niagara Square,City Hall 1414 Buffalo,NY 14202 FRANK GARLAND III Phone:(716)851-5145 OFFICE ADMINISTRATOR VEOLA D.BROOKS February 19,2016 Tapestry Charter School Expansion In the past weeks, my colleagues and I at the Buffalo Common Council have received numerous letters from parents about the proposed expansion impacting K-5 students at Tapestry Charter School to 345 Olympic Avenue. I would like to express my thoughts regarding the stated concerns. Parents have expressed opposition to the move because they fear problems of traffic and traffic pollution, parking, bussing,green space, outdated interior, learning environment,and overall safety.After reading the"FAQ's Regarding 345 Olympic Avenue"provided by the Leadership Team at Tapestry Charter, I am certain that this expansion is in the best interest of not only the current students of the school, but the education community of Buffalo, NY and the Masten District community as well. In 2014,the Tapestry Charter Board of Trustees met and created a five-year strategic plan that focused on continuing the success of the School's fiscal and programmatic growth. In keeping with their"small school atmosphere,"they developed a plan for slow and prudent growth that would cap at 80 students per grade level. In order to achieve this goal,it became clear that some type of expansion was inevitable. However, the true challenge would be to provide a site that would meet their needs while remaining fiscally responsible. The site at 345 Olympic Avenue was decided on only after closely comparing fifteen different sites throughout The City over a four year period. Former Buffalo Public School #78 that currently sits at 345 Olympic Ave was built in 1927 and is a 95,000 square foot red- brick structure. This building offers interior features that will easily help in establishing an incredible learning environment once necessary renovations are made. There will be classrooms for every teacher, offices and rooms for support staff, a 655-seat auditorium,a 4,100 square foot gymnasium,and four large sky-lit rooms that can be used for arts and dance studios. By establishing unique spaces for their elementary, middle, and highschool programs that are aligned with the Common Core grade clusters, Tapestry Charter School will not only be able to provide flexible work spaces that will allow the students to thrive academically, but they will also be better able to address specific developmental needs. While it is understood that having siblings at two separate learning locations could present inconveniences for some families,Tapestry Charter School is entertaining ideas to make this transition easier. Providing sibling shuttle buses to help transport the students will not only assist parents, but also alleviate potential parking and traffic issues. Additionally, having separate start times would contribute to a more efficient pick-up and drop-off. The idea that the overall safety of the students would be compromised at the proposed location is inaccurate. Tapestry Charter School will continue to follow its existing mission statement,which is to provide a challenging and rigorous education in an environment that emphasizes diversity, compassion, collaboration, community, creativity and leadership, so that students are academically and socially prepared to meet demands of further education while maturing into productive and caring adults with a lifelong passion for learning. In conclusion, as District Council Member of the Masten District, I welcome the proposed efforts and assure the current families of the school,that the neighborhood of Masten will do everything in our power to assist in the transition of Tapestry Charter School into their new home should 345 Olympic Avenue achieve the necessary votes. Thank ou, / 40/,x.. FFRED TO THE COMMITTEES ON EDUCATION AND COMMUNITY `i, � C • DEVELOPMENT Ho 'Ulysees 0.Wingo, r. Masten District Common Council Member 0 /I S 9)6" Participatory Budgeting Buffalo Update February 29, 2016 Dear Common Council Members: Since the Council included funding for participatory budgeting ("PB") in the City's Budget last May, Participatory Budgeting Buffalo has been working hard to develop and implement the PB process. $150,000 was allocated into two accounts,one which was restricted to contracting for goods or services with $100,000, and another account that was more flexible to spend on capital projects and/or programming. A steering committee was comprised of over 25 Buffalo residents, community leaders, Council Members and staff to develop ideas and make decisions on what the process would look like. Democratic decisions were made on whether to have a City-wide process or focus on neighborhood or Council district. Decisions were made to limit the spending to capital infrastructure projects,and allow some funds for programming. We decided who could participate, how they would participate, and who would be able to vote in this process. Every decision made was a result of a vote amongst the Steering Committee. Decisions were made looking at demographic statistics, need and feasibility, and best practices from PB processes in other cities. Ultimately,the decision was made to focus on one Councilmatic district due to the limited funds available and for that district to be Masten, due to need of infrastructure and programming for Masten residents and the feasibility of implementing the process. The Steering Committee met every week from September—October to make these decisions. Starting in November, the Steering Committee held General Assemblies,where the participatory budgeting process was introduced and brainstorming amongst attendees generated ideas for how this funding could be spent.Our 6 General Assemblies engaged over 100 residents of the City, most of whom were Masten residents. From these 100 residents, we solicited assistance in the Budget Delegate process. Budget Delegates are responsible for turning the raw, broad ideas from General Assemblies into concrete, detailed projects that can be placed on a ballot for the people to vote on.The 20 Budget Delegates have been meeting weekly since December to decide which projects are feasible and meet the needs of the people of Masten. From over 600 ideas,the delegates have filtered them down to about 20 projects to be listed on the ballot. In the past few weeks we have been meeting with the Department of Public Works and Community Organizations that would be responsible for implementing these projects. Budget delegates have learned how much it costs to pave a street, install a light post, run an after-school program, and plant a community garden. Now we are headed towards the final phase,which entails introduction of the final proposed projects during a Project Expo and Masten residents voting on which projects they would like to see funded in their neighborhood.The voting process will be a week-long event(March 21-26)with multiple voting locations and times across Masten.Voters are eligible by simply being a resident of Masten over the age of 14,or attending a school in Masten. No registration is required, and eligibility will be confirmed by proof of address (license, school ID, utility bill, etc). The voting process will kick off on Monday, March 21 at Delavan-Grider Community Center with a Project Expo.We hope all Council Members will be in attendance.Thank you. Since el , Lro REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. Natasha Soto,Chair of Participatory Budgeting Buffalo \\9°\)CI ✓ • 0 O ti. S EA( CHAIRMAN Common Council EDUCATION COMMITTEES _ =`.- CITY OF BUFFALO 's J- CIVIL SERVICE COMMUNITY DEVELOPMENT MINORITY BUSINESS ENTERPRISE LEGISLATIVE ASSISTANT ULYSEES O. WINGO, SR. FRANK GARLAND III MASTEN DISTRICT COUNCIL MEMBER OFFICE ADMINISTRATOR 65 Niagara Square VEOLA D.BROOKS City Hall 1414 Buffalo,NY 14202 Phone:(716)851-5145 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Ulysees 0.Wingo Sr. Date: Feb 29, 2016 RE: Letter to First Student Regional Vice President Frank Luciano Also cc'd: Kriner Cash-Superintendent,Buffalo Board of Education Shawn McCabe-Area GM,First Student-Amherst Stacy Magna-First Student,Office of the Regional Vice President I would like to file the attached information for the next Common Council meeting to be held on March 1, 2016 Than You, 1:1114r "mile WI' o .Ulysees 0.Wing: r. Masten District Council Member (i) 0 k 0 9 Counttt CHAMAN -1-1,1 il•-..,T11; ' ' -e,1... Common Counc ----- EDUCATION ��, - COMMITTEES 1. t, CITY OF BUFFALO CIVIL SERVICE C�TY_�� COMMUNITY DEVELOPMENT -_—_ FINANCE ULYSEES 0. WINGO, SR. MINORITY BUSINESS ENTERPRISE WATERFRONT DEVELOPMENT MASTEN DISTRICT COUNCIL MEMBER LEGISLATIVE ASSISTANT 65 Niagara Square FRANK GARLAND III City Hall 1414 Buffalo,NY 14202 OFFICE ADMINISTRATOR Phone:(716)851-5145 VEOLA D.BROOKS First Student Inc. 705 Central Ave Ste 300 Cincinnati OH 45202 February 25,2016 Dear Mr.Frank Luciano, In light.of recent incidents of alleged sexual abuse of students on City of Buffalo school buses, myself and other local lawmakers have asked The City and State Education Department to launch investigations into these allegations. The mother of one of the alleged victims has reported that when asked about the video footage on the day of her son's reported attack, she was given conflicting accounts as to what was captured on video surveillance camera. First, she was informed that the video didn't show anything. Then, it was conveyed to her that there was no video. Finally, she was told that the video had"timed out." I am struggling trying to make sense of how the video surveillance system that was installed on approximately 700 BPS school buses that were intended to provide additional peace of mind for parents and administrators could have failed us. According to your website, "video cameras on school buses provide a way for school districts to objectively record incidents and in many cases, reduce their prevalence." Rodell Notbohm, General Manager of Apollo Video Technology, the company that installed the video equipment, stated "this gives school district administrators access to the tools and technology necessary to respond to any incidents that may occur and enhance safety on board the buses, the RoadRunner solution will provide the district with video,audio recording and pertinent information in the event of an incident." I believe that more transparency leads to more accountability and that our children, our most vulnerable residents, deserve an in-depth evaluation of our bus video system, so that proper measures are taken to ensure their safety when they ride school buses. I am asking that you provide my colleagues and me with a comprehensive assessment explaining proper protocol regarding surveillance video retention, video storage sites,video reliability including"timeout"issues, and video access availability to help us better understand this malfunction. This letter will be filed with The City of Buffalo to be discussed at our next Committee on Education meeting that will be held on March.10t, 2016 at 1:30pm. Please have a representative in attendance to make a presentation to the Common Council and to answer questions. I look sward t..hearing back from you, REFERRED TO THE SPECIAL. /Aph, �' �T % COMMITTEE EDUCATION on. lysees S.Wing:, r. ' Masten District Council Member 00t 10 ,)6 —WE,A,( - CHAIRMAN C , 'Oj=- (Common n Counttt EDUCATION 0-,j-_,,4; =Q COMMITTEES '' f CITY OF BUFFALO J CIVIL SERVICE — = COMMUNITY DEVELOPMENT =C_j_rY_p_F= MINORITY BUSINESS ENTERPRISE LEGISLATIVE ASSISTANT ULYSEES 0. WINGO, SR. FRANK GARLAND III MASTEN DISTRICT COUNCIL MEMBER OFFICE ADMINISTRATOR 65 Niagara Square VEOLA D.BROOKS City Hall 1414 Buffalo,NY 14202 Phone:(716)851-5145 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Ulysees 0.Wingo Sr. Date: March 1, 2016 RE: Letter to Tapestry School Board Members I would like to file the attached information for the next Common Council meeting to be held on March 1, 2016 Thank ou, 4..._ tif 40 111.,-,eii* Hon. lysees 0.Wingt1 r. Masten District Council Member /)11U tr)06.fr 03) O` 'Common Connttt EDUCAT CHAIRAN 0- — J, ION u'°= COMMITTEES =tici _ CITY OF BUFFALO CIVIL SERVICE Air :::0=T @ = COMMUNITY DEVELOPMENT FINANCE ULYSEES O. WINGO, SR. MINORITY BUSINESS ENTERPRISE WATERFRONT DEVELOPMENT MASTEN DISTRICT COUNCIL MEMBER LEGISLATIVE ASSISTANT 65 Niagara Square City Hall 1414 FRANK GARLAND III Buffalo,NY 14202 OFFICE ADMINISTRATOR Phone:(716)851-5145 VEOLA D.BROOKS February 29,2016 Dear Board Member, After a recent vote was conducted by your board, the decision was made for Tapestry Charter School to remain at its current site, 65 Great Arrow Ave, instead of expanding the program to 345 Olympic Avenue. As Council Member of the Masten District, I make every effort to provide my constituents with transparency. In doing so, I am requesting that each of you provide a personal explanation as to why you voted to deny this expansion. Board Members, I struggle to understand how you came to this conclusion, knowing the inadequacies that exist at your current location. There are teachers operating out of closets, while others are facilitating small group sessions in hallways. Students requiring state mandated one-on-one services are meeting with their instructors under stairwells. Music classes are being held in mobile trailers. Due to the size of the gym,the school track team practices in the hallways. The need for change at Tapestry Charter School is evident; however, after years of research, what appeared to be a clear and fiscally responsible solution was voted down by you and your fellow board members. What compelling and overwhelming information did you receive in the days leading up to the vote that was undetected by the leadership that conducted extensive research? How were you able to vote "no" on this expansion when the feedback that fueled your decision was comprised of only a small percentage of parents whose race represents a minority of your programs' families? Not only did you fail to act in the best interest of the students by deciding against this expansion,you also turned your back on your administration. You placed your principal, who has served your program since its inception, on administrative leave after she expressed her concerns against your decision. In an effort to rationalize the board decision,I am asking for three things: 1. Provide individual explanations via email or verbally at the next Education Committee meeting as to how you arrived at your decision to vote against expansion at 345 Olympic Avenue 2. Hold a re-vote after ALL parents have had the opportunity to provide input in the future of Tapestry Charter School 3. Have Dr.Thomas Ramming, step down as Chair of the Board of Trustees due to irresponsible governance. This letter will be filed with The City of Buffalo Common Council to be discussed at our next Committee on Education meeting to be held on March 10th,2016 at 1:30pm. I look •rward to hearing back from each of you, .� REFE RED TO THE SPECIAL i , am. / i� ' COMMITTEEON DUC,A,TION Hon.Ulysees O. Wingo,Sr. Masten District Council Member PETITIONS March 1,2016 0 0 4 _ J. Gugino, Agent, Use 204 Allen to continue Restaurant Under New Ownership in the Allen St Special Zoning District (Fill)(Hrg 03/08) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD (A V OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk 5EA=C= 65 NIAGARA SQUARE Registrar of Vital Statistics O =0_ ROOM 1308 CITY HALL TIANNA M. MARKS =� OW '`�' _ .1 = BUFFALO, NEW YORK 14202 Deputy City Clerk -S l =J= PHONE: (716)851-5431 V`.::11=--- --;*= 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: 9oLL P1llan To be held in the Council Chamber, 13th Floor, City Hall On: c' --- -.—` £j At 2:00 pm *PLANNING BOARD MEETING WILL BE AT-4:00 pm Room 901 ON 3— 7 —/ *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COMMON COUNCIL WILL DELAY YOUR PROJECT Phone number for Planning Board 851-5085 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. )........... Signe (Age ,Owner) 6 ioj ( a 7/k i/37c1PrintN5 � C\ Phone# (p' 7e5r Date off" RS--i (.., . ATTENTION I/ CONTACT THE COUNCILMEMBER IN YOUR DISTRICT Fra il Z\.'/ IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON 3 /,r IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL ) -;:9-3.--/ TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE City of Buffalo USE Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)'851-5472 1).\ Report Date 02/25/2016 11:50 AM Submitted By FLD Page 1 • A/P# 233270 •a.;•s�}' .3 �" :3. €:zj.":�: `, �:§ *4..�i= .g_<��:,.. €�:<�` �. ' ea �, -�:�3Y €S� n� r _ �.� s �— .. :., Stages Date/Time By Date/Time -By Processed 02/25/2016 11:49 DIGEF Temp COO Issued COO Final Expires Associated Information Valuation Type of Work #Plans 0 Declared Valuation 70000.00 Dept of Commerce #Pages 0 Calculated Valuation 0.00 - Priority ® Auto Reviews Bill Group SOW-G Actual Valuation 100.00 Square Footage 0.00 Name Description of Work ***RESTRICTED USE PERMIT(PUBIC HEARING)REQUIRED 511-57C.(3)***TO CONTINUE RESTAURANT UNDER NEW OWNERSHIP IN THE ALLEN STREET SPECIAL ZONING DISTRICT.NO PHYSICAL,MECHANICAL,STRUCTURAL OR USE CHANGES UNDER THIS PERMIT.SEE NOTE IN SUPPLEMENTARY LOG. Parent A/P# Project# Project/Phase Name Phase# Size/Area Size Description • �`.s.a.c •-�c��€ �, :"`� �_�:� ���; `ems �`��`� . ., Okifira i e_ �.F €'3...,•• ,�i�i;� l>� �d,.s�€s...�1I'?€:....,;,. :s`_',;fie ._. --ea. � ;, ..,-.,�.... .o-. ...,.rn< .:�.,,� . _,�.,..�,-.,a..�:..,. ,.-,.::�.�.,�..:�-.e��.....,G;�.-.� ",�;o-.-gym�,� .w,�... Address 204 ALLEN BUFFALO NY 14201 Location c�.., 3,s ,�.`x<a�:u,.�� e 3s e_..;I�zesx�,!��','i:��:�„�:,,a n,�.:s, ..��-F...e ,_.��€,�.�_€,E2-..�97"`a��.s.. �� ,....�._��e...�_�z�:;u3� �;;�,�•�k _...��?���.��=;.�Y= �,U._�,... Contact ID AC379285. _ Name _ INCORPORATED Mailing Address 204 ALLEN ST - Organization City BUFFALO State/Province NY ZIP/PC 14201 Country USA fl Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 12/27/2012 To Contact ID ACI258805 Name KEPA THREE LLC Mailing Address Organization City 204 ALLEN ST State/Province BUFFALO NY ZIP/PC 14201 Country a Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC61558 Name KEPA THREE,LLC Mailing Address 204 ALLEN ST Organization City BUFFALO State/Province NY ZIP/PC 14201 Country USA Q Foreign Day Phone(716)310-8074 x Evening Phone Fax Mobile# Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo USE Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)1351-5472 f VY Report Date 02/25/2016 11:50 AM Submitted By FLD Page 3 4€a .rGl.. , .:: . E 3 ,, <.. ,<., . < .w ],<i .x., ,P .^ F H .„' �_�3: :' . €'...a ��5 *..:.$#� 3 i.�. J ::... 3.F',, ._:�.. ,,s,'.;;F _:. z � *�•� , .:-s r : �. y-:' --?v_.:�=.c rc.. t 1�':. .� '.�_ ,� :. �}d 7. .a.. u; 3... �- -x3 a, *... : a..k '� '' J I .. � ..�3 x 5 x-.., 11 .,.,ff' 5. „H. � .R.. 'y.'.:;L:.-. 3'. .. �.3,,,. ,.� S . .... E F F...,..� 4 .z:.:. z'1"?.:..;.;73 ; } -:ye: i,, :. 3 lr a I -z-r..n u......> 3 3,F._�1..Y ... 9� E <,.,.4 a..0 1.,. � v.s.,. .3 ., 3:a....., �. <s.. a„53 �.; :.:4 �; �cxa . � #a.; ,. rx �€ 3 ��-:.-s � �..: ;..t. €, .:,,, 9 €.sz.,..,. y ... .a a 6.i • :'. e< .:-..:�„ v �,•;€..' .�c'� as.a� u.,�F x,.;�t., -�,.a��...�., 711426 PRES#1 PRESERVATION BOARD REVIEW Waived Check Conditions Conditions Successful MD MULTI-DWELLING PROPERTY Approved,OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 a._ �.�'�< %F � a f •x'.`9;3;..: �1N--.:.. x�. - x :a:3� A .64= 3s �s a ..:..'3-?uc ;-�$ : ��... �.a,��J# - 34_=u .-,.<,a .. s _ia.,.,¥ r,,,r @€.t. - ,..r4�,., 3^�-i6.-,.-�.,�.?. p ...�r ...,�a H• .... -.�._ �...,.- „Y} 3�v_ t s:'� r�--. s r� -. -� -_-:� � ..<:..:�._. .���``3,=�'s;'F�i#s���s"3d;,�s���€ ''.9�"_s� -� � ra�"��� �'"�°�'��= .`'°�' 3€�':-' ���:a��� ..�,'s� _ia�.���,�°€�--_�� 4 �€`t,�.•������� :�� `� _��:'�.?.� �.a..e���a��a._�s3€;�.. PERMIT FEE U 100.00 APPLICATION FEE U 50.00 Total Unpaid 150.00 Total Paid 0.00 �.a, t,- ... y=am.�.,„ `},t~,sa€ ....:.' �.- s ,•.: .:<::..3"' T s_3x .:,s.x'•-- 3s:s, a a '5:.; s r s: .:.< € y.. .,"-� 3 .-.:-• 3� <:as��.a<��-�. � �°” .:3a a ��I a}�.:,., `� =z'�=-,,..€•.� �..�::;: :.<* § ,,..-.'a, �?a,.�J�_��' �- .�:,„ .,v=,�#. Ya.wl:e� s. .�:,��•� ...�.> a r.�#Y r a��c.,s- -. �... �c .:-� �?,< �_.. '�.,. �x..,,�.e r�,:.a.a�,, x��.,€ a ":",3 � -,c'_.:s� �s.€.. '1$`s ,3.,�., q.-. _:'a_,.� a 3:: There are no Inspections for this Report ....�, t;.^�,•�2-au--a�.a.a..,�/ji��i.---..J,-:1€���:5:.rsa,�w.r...'_._:,,�....._.6...))gg§�.i�:.��..`�fy,�..'.�3`Sa�:-��.'-j€,a<.�a::S.-.a...-,-.,��.rVi,--va`..„x>,,y,�;:.aar.�.�:.�.,.s-�;'._:`�„sr,.�.�}:...Y�§_<..-...,.."�:.,.t.'_e's".-`z€a.t�._..4a.3n€:xy,�-,s�:.;-teat�.tssf.;-�,..H.:}.:'°�t�:i,1<,,awt?.,.;..-:-,.:-s�ti-.,_#,,.>o"a..:.x,3.szt.'�.'`�..3`,'''.�-",.?t.,-<,�,*t3.;.-:"s.�,.'sa,�.<,-.,,<4•:.�.a'•o-'��€€;..�sVi��'.-t;-.:,_.�.s3.,;.s_�,�y..".:..-`vs_e'�=:s-,_(.:...3$..�x,_'a€,_•���3;+--<"�.53s__�,.,,_..:,--.,.aa;_'�;�F..3-�-_1srx��<5y4sid„'.a..s,.�'�:3+l.s:s.._-,v�.,.”aa.:,.,.,s..��...,€e€'sY sa.:.a-.5.`}.. ',—1.7q . fi� �'�t>s '€ �s€r0:)4 a-� ..sr.3a4 ?.w,.:.:x:n`33r$ ''*-11';64.44%-i "'✓ "'��...a44%.,.€-i °' ne}'�.�-:'-_aak`�$„.°..,,5R.'x3'6�.5;..";z�s"._#+_'s3a°'�a33-'37'-z a�-axs.a.y.45..<.'.":,3:-s=..aa�•yaz�.i;,...a84a3�'�:�.-,.Ja,'a,r'�.-P-,w�-�,xr�#'ask1fi'-:.,. .-..1..,.V.4 43:..k<3..�fxa .,s,-_` ., i;i4x< .:4:4444]:44,44.444 -,,,� . - :.4.�.�y� aF,t•ss-, _a!:4,;: �-:<a,a• :-� a4,N_3�.�r e -mer a. ..: '-, ,�--�-�;,:s=�s��.&�s� €s= a-' ." �-�'�_ ,��'r- _, �.a� .::� �€.3 ,a�.�#�.�f.., ��:..'�:?:aa;��-�.:'�:-�� '>'# :�`..€:.���s -. �c,=•- .�s_�;a�; ��. .r,� _�i�;w k�..,.,,�:�u...�tb,.3,,.:t,.a',.a 711426 PRES 1 Incomplete ® 02/25/2016 11:49 NO EXTERIOR WORK 711427 CC APP 1 Incomplete ❑ 02/25/2016 11:50 711425 LANDMARK 1 Incomplete ® 02/25/2016 11:47 NO EXTERIOR WORK UNDER THIS PERMIT. Detail 1. PRIOR REQUIRED APPROVALS ... Modified By digef Modified Date/Time 02/25/2016 11:45 Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey(con't) Permit Office ❑ Arts Comm.Approval ❑ Subdivisions ❑Asbestos Survey ❑Asbestos Abatement ❑ Special events Common Council Q Bond/Certified check ❑Assessment Combination ❑ First Insurances Check City Engineering ❑Admin Office/Apts R4 ❑ Public Works approval LJ❑ Curb Cuts ❑ Beauty Parlor R2 Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy/Marquee ROW Lease showing Use encroachment ❑ Rodent/Vermin Bait ❑ Oversize Trucking ❑ Freestanding Sign ❑ Sewer/Water Cut ❑ Sewer Retention ❑ Plumbers'Cuts ❑ Human Service Facility ❑ Simple Demolition ❑Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval Tree over 4"at 4' ® Restricted Use Permit ❑ City Planning Other ❑ Zoning/Use Check Citywide Site Plan ❑ Thruway Sign approval Preservation Board ❑ Subdivisions Environmental Review ❑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 0 Flood Plain 0 Title Held 0 Water Retention OO iq - , M. Roland, Agent,Use 337 Ellicott for Expansion of an Existing Patio for Brewery (Ell)(No Hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD Vkc OFFICE OF THE CITY CLERK GERALD A.CHWALINSKI City Clerk Registrar of Vital Statistics 4Q4 ®,_ 65 NIAGARA SQUARE IN ,_, ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 TIANNA M. MARKS .►1 l_� r Deputy City Clerk y ' J- PHONE: (716)851-5431 ff FAX: (716)851=4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 331 CARS Na • of Age /Owner/Phone# Address of Business Project RDA 33`1 Ell c( LL( cio RD Qo ?l(,-�33 - aAa(o The Attached Permit is for Common Council Approval. No Public Hearing is required as Determined by the Permit Office. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD Committee on Legislation 2:00 pm on (ahs I a0 is City Planning Board meeting 4:00 pm on Mo.&134L_ 1 abt MESSAGE TO APPLICANT:Please contact the City Planning Board (851-5085)to determine whether or not you need Planning Board approval. Failure to appear before the Planning Board will delay your project. CONTACT The Councilmember in your District 0,1/k. Phi c,.c 'r �tsty, 1315 I `{gib IF THE ITEM IS APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON 1\k0i-N et- t c , te If approved at the Full Council meeting the item will go to the Mayor for Approval.The Mayor has until Kohe4•. Q1a I4 to Return the item to the City Clerk's Office. City of Buffalo ,, OUTDORCAFE Building Applicatio 65 Niagara Square (7 6 ' ( 7 Y/_ Buffalo,NY 14202 (716)851-4949 Fax(716)851-5472 /`-tel t.30 Report Date 02/25/ 016 12 35 F M . .. Submitted By Mike Castro:: , f �u •. Page ' A/P# 233272 Stages Date/Time By Date/Time By Processed 02/25/2016 12:01 CASTM Temp COO Issued COO Final Expires Associated Information Valuation Type of Work #Plans 0 Declared Valuation 2000.00 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 Work Common Council approval required(no fee or hearing)for expansion of an existing sidewalk patio for Brewery. Parent A/P# Project# Project/Phase Name Phase# Size/Area Size Description 011,4 ' Fj • Address 337 ELLICOTT BUFFALO NY 14203- Location Contact ID AC79143 Name DOROTHY ALBARELLA,THOMAS& Mailing Address Organization City 54 KENT AVE State/Province BLASDELL,NY ZIP/PC 14219 Country 0 Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC360865 Name ISKALO 337 ELLICOTT LLC Mailing Address 5166 MAIN ST Organization City WILLIAMSVILLE State/Province NY ZIP/PC 14221 Country USA 0 Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 05/25/2011 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 • OUTDORCAFE Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)851-5472 1)" Report Date 02/25/2016.12:35 PM Submitted By Mike Castro? Pagg 3 , • s a, e 4 1•Vv •s e E FAT ) Business D.B.A. Big ditch brewing co Length 0.0 Width 0.0 Location of Patio: ® Front ❑ Left Side ❑ Right Side ❑ Rear Total Area 0.0 sq.ft. If There Is A Raised Deck Deck Height above grade ft, Does the Patio have its own exiting? (Required)®Yes ❑ 1 step-No handrails required, no guardrails required. Is this required exiting adequate for the patio area El Yes ❑ 2 steps or more-Handrails required each side of stairs; Does the patio involve or affect required exiting from the building'® Yes no guardrails required until deck is 30"or more in height. e 6 Width of public sidewalks/walkways remaining for pedestrian passagft. ❑ Deck 30"or more in height Type of patio boundaries: Handrails and guardrails required. expansion of existing square tube railing. Tread width(=Exit Width) in. Number of Tables: 0 Number of Chairs: 0 There are no Items in this list No Employee Entries a;. No Log Entries I Hydrant HURON ✓1 REE1- Light Post l'-9" 19'-9" Parking Meter HC Ramp 0, i j''. i Cl D 0 D D! V 1 • y Stop //1 j t- Bus G Post / Et . 6 •. 6 ..; . . . att . 111I! n sem: Iron Patio i •♦• ■ ■ • • ■ ® • n ■ NM In1.1 � I n I NUNN . 5 , H ' Q� ----- 46.� U;� I ♦ O I I i no_ononniinI�t.ao E''''.1 ,1 i rz, 11 II ISI' II i • I ' iii r t it I' 1 I l; I II ----\_ cn == I H'' ' 1111111IIII., HI 0 ----:.. ;: ....>„,,q_ s -;.4, ........'GQ'I0 _.�.;.4c?m2-2�`qi�'�• Yam.�s Wil" i-yc�• Vf ~IIII 1...1 i zl II1 .1 1 r'_ wIl r I I 1 ] i' I , I I . Ir------- , lq I I I I o x I� x. l I L I— I J I1 I�;:Ise! Iron Patio 1 I I ! I11111 Railing j —, I I c i 11 A ,® I I I I Parking 1 ® - - Sign I! ��� ,I . I lin' t vv. or ik- to, / z z/ z' ,- -I— -11- I , PAT-to � bib I I Big Ditch Brewing Company-Patio 337 Ellicott/55 E Huron Street,Buffalo,NY 5-19-2015 0,3.K.^;1o.°.. REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) 0 0 4 X13 Appoint Truck Driver(Prov)(Laws)(Step 12)(Pol) (ccp# 16-322,02/16) Mr. Wyatt moved: That Communication 322 of February 16, 2016, be received and filed and that the Provisional appointment of Dwain Laws, 427 Cornwall Avenue, Buffalo, NY 14215, to the Position of Truck Driver at the 12th step of$24,377.00 is hereby approved. PASSED AYES - 9 NOES-0 (fl/a Recommended by the Committee on Civil Service 1 ✓ * AYE * NO * * * * • FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK• * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * SCANLON * * * * * * WINGO * * . * * * * WYATT * * * * * * [ ] * * * [MAJ- 5 ] * 9. *V [2/3 - 6] * * * [ 3/4 - 7] • 00494 Appoint Police Lieutenant(Perm)(Banaszak,Anaya,Kokotailo,Mayes,Whitenight,Lloyd)(Pol) (ccp# 16-324,02/16) Mr. Wyatt moved: That Communication 324 of February 16, 2016, be received and filed and that the Permanent appointment of Derrick R. Banaszak, 5887 Monaghan Lane, Clarence Center 14032 Kenneth Anaya, 233 Rockdale Drive, Amherst, 14228, Jon J. Kokotajlo, 134 Baitz Avenue, Buffalo 14206, Thomas R. Mayes, 5400 South Park Ave. #G-1. Hamburg 14075, Jason R. Whitenight, 121 Kathy Lane, W. Seneca 14224, Andre M. Lloyd, 16 Preston Road, Buffalo 14215 to the Position of Police Lieutenant at the flat starting salary of$81,343.00 is hereby approved. PASSED AYES-9 NOES- 0 • Recommended by the Committee on Civil Service �� sty‘,.., t._,,, --? . co,6 I li • • • * AYE * NO * * * * • FEROLETO * * * * * * FONTANA * * * * FRANCZYK * * * * * GOLOMBEK . * * * . * * * PRIDGEN * * * * • RIVERA * * * • SCANLON • * * * • WINGO * • * . * • * * WYATT * * • * * * c ] . * [MAJ- 5 ] * � * ' V [2/3 - 6] * * [3/4 - 7] i • 004 ` 5 Appoint Police Lieutenant(Cont Perm)(Smith,Nigrelli,Roach,Goodspeed)(Pol) (ccp# 16-325,02/16) Mr. Wyatt moved: That Communication 325 of February 16, 2016, be received and filed and that the Contingent Permanent appointment of Vickie L. Smith, 32 Bame Avenue, Buffalo 14215 Peter C. Nigrelli, 160 Bloomfield Avenue, Buffalo 14220, Lashondra M. Roach, 162 Goembel, Buffalo 14211, Mark M. Goodspeed, 145 Shedandoah, Buffalo 14220 to the Position of Police Lieutenant at the flat starting salary of$81,343.00 is hereby approved. PASSED AYES -9 NOES-0 Recommended bythe Committee on Civil Service ,/ _— -- - Zvi t4 • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * * * * * • WINGO * • * * * * * WYATT * * * * * * [ ] * * * [MA.J- 5 ] * G1 *D [2/3 - 6] * * * [3/4 - 7] OO4 Appoint Detective(Perm)(Drabik,Benitez,Lorenzo))(Pol) (ccp# 16-326,02/16) Mr. Wyatt moved: That Communication 325 of February 16, 2016, be received and filed and that the Permanent appointment of William Drabik, 903 Girdle Road, Buffalo 14052 Donna M. Benitez, 201 Willow Breeze Road, Tonawanda, 14223 Jose L. Lorenzo, 217 Prospect Avenue, Buffalo 14201 to the position of Detective at the flat starting salary of$73,485.00 is hereby approved. PASSED AYES -9 NOES- 0 Recommended bythe Committee on Civil Service -`—. • • • • • * AYE * NO * * * * FEROLET.O * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK * * * PRIDGEN * * * * * • RIVERA * * • * * • SCANLON * * * * * WINGO • * • * * * * WYATT * * * [ ] . * • * r * [MAJ- 5 ] 1 Q * * • [2/3 - 6] • [3/4 - 7] 064el7 9st Appoint Detective(Cont Perm)(Shea)(Pol) (ccp# 16-327,02/16) Mr.Wyatt moved: That Communication 327 of February 16, 2016, be received and filed and that the Contingent Permanent appointment of Anthony 0 Shea, 19 Susan Lane, Tonawanda, NY 14220, to the Position of Detective at the Salary of$73,485.00 is hereby approved. PASSED AYES -9 NOES- 0 Recommended by the Committee on Civil Service Le Ul,� . 5 * AYE * NO * , * * * . FEROLETO * * * * * * FONTANA * * * * * * . FRANCZYK * * * * * * GOLOMBEK . * * * * * * PRIDGEN * * * * RIVERA * * • * * * * SCANLON * * * * * * WINGO * . * * * * * WYATT * * * * * * [ ] . * * * . [MAJ- S ] * q * C * [2/3 - 6] * * * [3/4 - 7] i 0041 ,6 , t) Appoint Fire Captain(Perm)(Osinski,Benton)(Fire) (ccp# 16-329,02/16) Mr.Wyatt moved: That Communication 329 of February 16, 2016, be received and filed and that the Permanent appointment of Matthew Osinski, 2317 Staley Road, Grand Island 14072 Steven Benton, 4 John Paul Court, Buffalo 14206 to the Position of Fire Captain at the Salary of$80,508.00 is hereby approved. PASSED AYES-9 NOES-0 Recommended by the Committee on Civil Service r 12(19 * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN • * * * * * * RIVERA * * • * * * * SCANLON * * * * * * WINGO * * * * * * WYATT * * * * * * [ ] * * * [MAJ- 5 ] [2/3 - 61 * * * [3/4 - 7] 3 00 ` ' `199`i, Y • Appoint Chief Building Inspector(Prov)(Max)(Collins)(EDPI) (ccp# 16-333,02/16) Mr. Wyatt moved: That Communication 333 of February 16, 2016, be received and filed and that the Provisional appointment of Ronald Collins, 153 Choate Avenue, Buffalo, NY 14220 to the Position of Chief Building Inspector at the Maximum Salary of$61,425.00 is hereby approved. PASSED AYES-9. NOES- 0 Recommended by the Committee on Civil Service /2,4 'f 3 • • • * AYE * NO * * * * • FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * . PRIDGEN • * * * * * * RIVERA * * * * * • SCANLON * * * * * * • WINGO * • * * * * * WYATT * * * * * * * * * [MAJ- 5 ] * * (� . [2/3 - 6] * * * [3/4 - 7] • z d 00560 '14 Appoint Parking Enforcement Officer(Perm)(Inter)(Clyburn)(Pkg) (ccp# 16-334,02/16) Mr. Wyatt moved: That Communication 334 of February 16, 2016, be received and filed and that the Permanent appointment of Anthony Clyburn, 210 Brunswick Blvd, Buffalo 14208 to the Position of Parking Enforcement Officer at the Intermediate Salary of$29,830.00 is hereby approved. PASSED AYES-9 NOES-0 Recommended by the Committee on Civil Service • • • * AYE * NO * * * * • • FEROLET.O * * * * * * • FONTANA• * * * * * FRANCZYK * * * * * * • GOLOMBEK . * * PRIDGEN * * * * RIVERA * * • * * * SCANLON * * * * WINGO * * * * * • WYATT * * * • * * * * * * [MAJ- 5 ] * ( * Q • [2/3 - 6] * * * [ 3/4 - 7] . • FINANCE (RICHARD A. FONTANA, CHAIRPERSON) } 0050 3 Report on Emergency Rehabilitation Loan Program(Compt) (ccp#16-174, 02/02) Mr. Fontana moved: That abov t m ee he..s-atne-Ahd hereby is eeeived.and Filed • 3.D(7PTED 11 y • JAL---Lek Recommended by the Committee on Finance • • • Mr. Fontana moved that the above item be recommitted to the Committee on Finance. ADOPTED • • { COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) • 00610L qii)°\ Permission to Designated Developer— 124 Maryland—Former Roberto Clemente Clinic (Ell)(Strat Plan) (Item No. 303, C.C.P., Feb. 16, 2016) 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 The Belle Center, and/or a corporation,partnership or other legal entity to be designated by The Belle Center(the "Developer"), as Developer of 124 Maryland, the former Roberto Clemente Clinic (the "Property"),to be used to expand the services of The Belle Center to provide day care, school aged child care before and after school, 21st Century Community Learning Center, Evening Program for high school students and AmeriCorps National Service, and also to provide special needs children with People Incorporated, English Language Learners Classes and Food Pantry Services, subject to but not limited to the following terms and conditions: a. The designation will expire eighteen(18)months from the date the Common Council approves designation. b. Payment of a designation fee of Five Hundred Dollars ($500.00)per month by Developer to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. c. In addition to the designation fee, the Developer will also be responsible for maintenance of the grounds in the form of snow and ice removal, grass cuffing, and cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.). d. In the event the Developer shall exercise its option to acquire said property pursuant to the Contract of Sale, said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the property within the designation period or in the event a mutually satisfactory Land Disposition Agreement"(LDA") cannot be agreed upon, Developer shall forfeit all fees pain on account, the City shall retain all such fees and the Developer shall have no further rights with respect to the Property. e. The successful negotiation of a Land Disposition Agreement("LDA") for approval by the Common Council no later than eighteen(18)month from the date the Common Council approves the designation. f. Submission by the Developer of a detailed site plan of the project for the property at 124 Maryland for approval by the City of Buffalo Planning Board(if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. \Z$ g. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. h. Submission of a colored rendering of the project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate,prior to entering a Contract of Sale and prior to Common Council approval. i. Individuals and/or corporations having outstanding taxes,water bills,parking tickets, user fee and/or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation. j. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said documents to be in form and substance acceptable to the City in the City's sole discretion. k. That the Contract of Sale will require that the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, agrees to provide the City of Buffalo and any and all other effected utility companies with any easements,rights and access arrangements, that may be necessary, satisfactory to the City and the other effect utility companies in their sole discretion. 1. The purchase price to be established in accordance with Article.27 of the City of Buffalo Charter. The purchase price of the Property shall be based upon a real estate appraisal to be obtained and paid for by the Developer, which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by the Common Council. m. Upon signing the contract for sale, there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit, in the amount of ten percent(10%) of the agreed upon purchase price. n. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth(5th) of each month,beginning in the month following this designation. o. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. p. The designation and the Contract of Sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. q. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the Property, for the purpose of determining,to Developer's satisfaction,the suitability of the Property for Developer's intend use, and/or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (C.E.R.C.L.A.) 42 USC ss 9601 et seq.;the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state or local law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, rule or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractors accessing the Property. r. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action. s. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, has agreed that all levels of the project will include the certified Minority and Women-Owned Business Enterprise participation. t. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, 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 woman owned business enterprise (WBE)utilization goal of 5% of the project construction cost, to the extent that it is economically andtechnically feasible to do so. u. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines,terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions,the City will give written notice to the Developer via certified mail and allow the redeveloper two (2) weeks to cure. That the Common Council hereby approves to extend the designation of The Belle Center in collaboration with the Buffalo Municipal Housing Authority, with a mailing address of 104 Maryland Street, Buffalo,New York 14201, and/or a corporation,partnership, or other legal entity to be designated by the Developer and approved by the City of Buffalo, as Developer of the above-referenced Property on the above terms and conditions; and the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of the Property to the Developer for the development of the project on the Property; and that the Contract of Sale/LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. PASSED AYES 9,NOES 0 Recommended by the Committee on Community Development 9Vis. � Ch rman T;\wp60URP\COUNCIL\2016 Meetings\3-1-16 meeting\Committee\Permission to Designate Developer-124 Maryland.docx • { 'AV) * AYE * NO * * * * FEROLETO * * * FONTANA * * * * FRANCZYK * * * GOLOMBE . * * * * * PRIDGEN * * * * * * RIVERA *• * * * SCANLON * * * * WINGO * . * * * * * WYATT * * * * * * [ ] . '� [MAJ- S ] * Lu* v * [2/3 - 6] * * * [ 3/4 - 7.] w ,r„ 5 0 J D. Madyn-Oppose Proposed Development at 1415 Fillmore(Mas) (C.C.P. #15-2386,Nov 24) Mr. Golombek Jr., now moves that the above item be Received and Filed. ADOPTED 9,4_4APArl‘.9.1( Recommended by the Committee on Community Development } 4 5 D. Smith-Recommendations for Zoning Changes (C.C.P. 15-2089, Oct 13)(#12-106, 5/1)(#11-61, 4/5) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. Adopted. Recommended by the Committee on Community Development l Chairman OO5O Y. Suarez-Concerns C3 Block Club Streets (C.C.P. #15-1715, Sept 1) Mr. Golombek Jr., now moves that the above item be Received and Filed. ADOPTED CaVY.4 91-42-11C) Recommended by the Committee on Community Development \I) OOKOG D. Smith-J.Hutchings-Buffalo Outer Harbor Site and GBSEC (C.C.P. #14-691,Apr 1) Mr. Golombek Jr., now moves that the above item be Received and Filed. ADOPTED C?)11)-e/A 9442trarl.n Recommended by the Committee on Community Development J. Golombek-Article-$7.5M Commitment to ECC Affirmed (C.C.P. #12-34,Mar 6) Mr. Golombek Jr., now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development Y‘ LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) 0 0 /0 '"S 0 SEQRA Site Plan Approval—Northland Corridor Redevelopment and Western New York Workforce Training Center(Masten)(Strat Plan) (Item No. 305, C.C.P., Feb. 16, 2016) 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 does hereby adopt the Negative Declaration for the Northland Corridor Redevelopment and Western New York Workforce Training Center at 537 East Delavan Avenue; 631, 644, 664, 683, 688, 690, 741, 767 and 777 Northland Avenue; and 126 and 128 Dutton, Buffalo,New York, in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617, et seq., as amended. Adopted. Recommended by the Committee on Legislation -*„..,?-' airman \ f C:\OsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Oodook1OX32QV W6\SEQR Northland Corridor Redevelopment.docz . 0050 5J,\ V:Panagopoulos, Owner, to Use 1900 Hertel to Reopen a Takeout Restaurant in the Hertel Avenue Special Zoning District(Univ)(DPIS) (Item No. 348, C.C.P., Feb. 16, 2016) 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 V. Panagopoulos, Owner, to reopen a takeout restaurant under new management located at 1900 Hertel in the Hertel Avenue Special Zoning District. PASSED AYES 9,NOES 0 Recommended by the Committee on Legislation P C.airman • C\Users'lmcinsld\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Reestablish restaurant 1900 Hertel.docx • '1,9/ • • • • • • .* AYE* NO * * * * . FEROLETO * * * FONTANA * * * * FRANCZYK * * * * * * • GOLOMBEK. . * * * * * • PRIDGEN * * * * * * RIVERA • *• * - * * * • • SCANLON * * * • * * • • • WINGO • * • * * • WYATT * * * . • * [MAJ- 5 ] * ** V • [2/3 6] [3/4 - 7] . • • 3 • • • 005 0 NYSDEC-SEQR Lead Agency Coordination-Request for Info Battaglia Transfer Station-1037-1055 Seneca St (C.C.P. #16-394,Feb 16)(#13-56,2/19) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED @1.6*21,0c-PSe--SL Recommended by the Committee on Legislation ` ‘ 0 0 - I. NYSDEC-Susp of SEQR Process-Battaglia Demo Inc-1037-1055 Seneca St (C.C.P. #16-395,Feb 16)(#13-57,2/19) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 0 0 Restaurant Dance License III (new)—245 Allen Street(Fill)(DPIS) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the Common Council hereby denies the application of Mark Goldman d/b/a Calument Art Café of Buffalo, Inc. for a Restaurant Dance Class III License, located at 245 Allen Street(Allen Street Hardware). Denied. Recommended by the Committee on Legislation rit , C-hairman • C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContenLOutlook\OX32QV W6\restaumnt dance license III-245 Allendocx • C • * AYE * NO * * * * • FEROLETO * * * * * * FONTANA * * * * * * . FRANCZYK * * * * * * GOLOMBEK * * * * * * , PRIDGEN ' * * * * * * RTVERA * * • * * * SCANLON * * * * * * • WINGO * * * * * * WYATT * * * * * * [ ] * * * [MAI- 5 ] * . . -* i [2/3 - 6] * * * H [3/4 - 7] j i i i 1 . 0 0 �v kJ Food Store License (New)— 1129 East Ferry (Fill)(DPIS) (Item No. 2161, C.C.P., Oct.27, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the Common Council hereby denies the application of Wafa Alsayyashi d/b/a Good Year Market Inc. for a new food store license located at 1129 East Ferry. Denim Recommended by the Committee on Legislation C rirman •C:\UsersUmcinski\AppDataV.ocalVvlicrosoft\Windows\Temporary Internet Files\Content.0utlook\OX32QV W6\Food Store License-new-1129 East Ferry.docx • • • * AYE* NO * FEROLET.O * * * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMIBEK * * * PRIDGEN . * * * • * * * • RIVERA * * • * * * SCANLON * * * * • . • WINGO * • * * * * WYATT * * * • * * [MAT- 5 ] * * * [ 23 - 6] * ` * / [ 3/4 - 7] . • 1 0 0 5 _I- ,Li Food Store License (New)— 1069 East Ferry (Fill)(DPIS) (Item No. 1977, C.C.P., Sept. 29,2015) Mr. Scanlon moved: That the above item be, and the same hereby is,returned to the Common Council with a recommendation for denial; That the Common Council hereby denies the application of Hail Ah Barman d/b/a New City Market for a new food store license located at 1069 East Ferry. Denial. Recommended by the Committee on LegislationJul" ,_,lrw C irm CS 1 . "V C:\Users\Imcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Food Store License-new-1069 East Ferry.docx r • • • t5 • • • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK . * * * * * * • PRIDGEN • * * * * * * RIVERA * * . * * * SCANLON * * • • * * • • WINGO * • * * • WYATT * * * . • * * [ ] * * * [MAJ- 5 ] [2/3 - 6] * *• * [ 3/4 - 7] . • 1 Prevent Concrete Crushing(Franczyk)(exc rec) (C.C.P. #12-80, Oct 2) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation P. Batttaglia-Req to Remove Temporary Hold on SEQR Process (C.C.P. #13-48,Apr 16) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED e,ketog Recommended by the Committee on Legislation ().‘)? SPECIAL COMMITTEES POLICE OVERSIGHT CHAIRMAN DAVID A. RIVERA a 0 ;4, y _, A 1 A. Bainey-Concerns Marijuana Arrests (ccp#15-1700, 09/01) Mr. Rivera moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Police Oversight (j..5i - 5 1 8 D.Rivera-Ordinary Disability Pension Filing (ccp#15-444, 03/03) Mr. Rivera moved: That the above item be the same and hereby is Received and Filed ADOPTED 010 c Recommended by the Committee on Police Oversight 1 0050 ,40 Language Access Plan for the City of Buffalo(Exc res's)(Rivera) (ccp#15-464, 03/03) Mr. Rivera moved: That the above item be the same and hereby is Received and Filed ADOPTED Afj Recommended by the Committee on Police Oversight i V RESOLUTIONS March 1,2016 00 5 20 .bk,0' Resolution Sponsor:Joel P. Feroleto RE:Waive Permit Fees for Independent Health's Kids Run in Delaware Park Whereas, The Independent Health Foundation will be holding its annual Kids Run in Delaware Park on Saturday June 4th, 2016 from 8am-11:30am; and Whereas, The Kids Run is a fun and free family event that provides the opportunity for the community to come together to be active and celebrate healthy living in an effort to help reduce obesity in the children and families of Western New York; and Whereas, The Independent Health Foundation is a 501(c)(3) not-for-profit that raises all the funds to implement this community-wide event, and hopes to use this money to make the race special for the children by giving them medals and trophies that will remind them of their accomplishment and commitment; and Now,Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Kids Run on Saturday June 4th, 2016; and Be it Further Resolved: That a copy of this resolution foe sent to the Department of Parks and Recreation and the Department of Special Eve, JoEL,,F •OL' O Del,// ar• D'.trict Councilmember PASSED lY , . . . . • i • • . 1-..);\ • . . , . . • . 3 . . • . . 3 • . . 3 . . . 3; • • • 31 . • . • 33 . . . . = . 3., 3 . • . • . . . . • . 3 - • . . .* A Y E*. NO . * * * . • FEROLET.0 * * * * * • FONTANA * * * • . • — * * FRANCZYK * * . * * * * , . • •• GOLOMBEK . * * * • * * * , . PRIDGEN • * * * , . • , • * * * : . RIVERA • *• * • * „ . . • _ • • * * * . . . s• • - SCANLON * * * • _ ... . ,„,-.. .. . .. • * * . * • . • . WINGO . • * • * * . . . . * * * WYATT * * * • • • • * * * [ ] , [MAJ— 5] • * .± . [2/3 - 6] * * *• • . [3/4 — 7.] . • . . ,, . . . . I 1 . 1 I • 1 i . . . 1 . • . 0057., 1 RESOLUTION By: Delaware District Council Member Joel P. Feroleto Re: Waive Permit and Special Event Fees for Save the Michael's of the World 5K Whereas: Save the Michael's of the World will host a community 5K run in Delaware Park on October 29`",2016 at 10:00 a.m. on Ring Road,which will include runners of all ages during National Red Ribbon Week; Whereas: The National Red Ribbon Campaign is the oldest and largest drug prevention program in the nation reaching millions of young people during Red Ribbon Week, October 23-31, each year; Whereas: Red Ribbon week has been used as a catalyst to mobilize communities to educate youth and encourage participation in drug prevention activities since its inception in 1988; Whereas: The Save the Michael's of the World Organization has been a leading advocate for the very principles Red Ribbon Week stands for, for the last five years. Now,Therefore Be It Resolved: That the City of Buffalo Common Council hereby waives any permit and Special Events fees associated with holding the 2nd Annual Community 5K Run in Delaware Park on October 29th, 2016 at 10:00 AM. Be It Further Resolved: That a copy of this Resolution be sent to the Departme f Special Events, and the Department of Permits and Inspections. , i IPASSED Joel P. Feroleto De aware District Council Member f . • 1,/k\ .*AYE *. NO * * * * . FEROLET.O * * * * * * FONTANA * * * . FRANCZYK * * . * , * * * • GOLOMBEK . * * * • . PRIDGEN . * * • * * * * . RIVERA * * • * • * * * • • SCANLON * * * • • • . • WINGO ' . * . * * * * WYATT * * * . • * * * [ ] . * * [MA.J- 5] - [2/3 - 6] * * * [3/4 - 7] •i i 1 RESOLUTION In the Common Council of The City of Buffalo, On March 1, 2016 Council Member Fontana submitted the following resolution: Providing Wheelchair and Motorized Scooter Availability For Visitors at Buffalo City Hall Whereas, in addition to being home to approximately 250,000 residents, the City of Buffalo attracts thousands of tourists each year; and Whereas, it is imperative that Buffalo City Hall, a primary tourist location and home to a host of city services, be able to accommodate any individual who may be in need of a wheelchair or motorized scooter, so they have the opportunity to enjoy all the resources that this historical building has to offer: Now, Therefore Be It Resolved that The City of Buffalo Common Council— 1) Requests the purchase of wheelchairs motorized scooters to be made available for use by any visitor to Buffalo City Hall. 2) Requests that copies of this resolution be sent to the Departments of Purchasing, Law Department, Clerk's Office and Building Superintendent. ADOPTED Richard A.Fontana Lovejoy District Councilmember rdf RAF/SPG Page 1 of 1 0 3`� BY: MR. FONTANA Transfer of Funds That, Pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation in be transferred and reappropriated as set forth below: From: 17303002-423001 NYS Employee Retirement $ 500,000 To: 13296005-466000 Public Works Building Supplies $ 100,000 13296006-443200 Public Works Building Repair $400,000 PASSED • • • • • .* AY-E.*. NO * * * * FEROLETO * * * * . * FONTANA * * *. • * FRANCZYK * * . * • * * * GOLOMBEK. . * * * * * , • PRIDGEN ' * * * • * * RIVERA. • * * * * * * . SCANLON * * * * * WINGO * • * * • . • * • WYATT * * * • . ••• * • [MAJ- 5 ] * ( • • [2/3 6] *• * * [3/4 7] . • i • i . • • • • • { . L , BY: MR. FONTANA Transfer of Funds That, Pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation in be transferred and reappropriated as set forth below: From: 17303002-423002 NYS Police &Fire Pension $ 750,000 To: 17221008-480205 Prior Year Claims $ 750,000 PASSE r • * AYE*. NO *• * * * FEROLET.O � * * * • . * * * FONTANA * * * * * • * . FRANCZYK * * . * * * * GOLOMBEK. . * * * . PRIDGEN • * * • * • RIVERA • * * . * SCANLON * * * * * WINGO •� * •� * * • * •* WYATT * * * . * * * [ ] . * * * [MAJ- s] . * 0( -±i0 . . [2/3 - 6] . * * * [3/4 - 7] o5 ° :' 111 RESOLUTION In the Common Council of The City of Buffalo, On February 18, 2016 Council Member David A. Franczyk submitted the following resolution: Fee Waiver for Explore& More Children's Museum Touch-A-Truck Event Whereas, with nationally recognized and award-winning programs and exhibits, Explore & More Children's Museum has become an important asset to the well-being of children and families in Western New York; and Whereas, Explore & More is a non-profit organization that depends on our community's support and generosity to continue offering vital programs available to everyone in the community; and Whereas, on June 5th, 2016 in the Buffalo News parking lot, Explore & More Children's Museum will hold their annual fundraiser "Touch-A-Truck." This event will offer families a variety of fun activities, including being able to play and interact in a variety of vehicles (dump truck, fire truck, police car, bulldozer, limo, etc.): Now, Therefore Be It • Resolved that The City of Buffalo Common Council— request that all fees associated with this fundraising event to include: Special Event, Garbage Totes, Tent and Street Closing signs fees be waived for the Explore &More fundraising event on June 5th, 2016; and Be It Further Resolved: that copies of this Resolution be forwarded to DPW, Special Events, and Fire. SSED {I / David A. Franczyk Fillmore District Council Member DAF/jp Page 1 of 1 • • . . 1)''' - .a • • • .* AYE *. NO * * * * FEROLETO • * * * * * * . i FONTANA * * * . * * * FRANCZYK. * * * * GOLOMBEK . * * * * * * • PRIDGEN • RIVERA *' * ' * * • � SCANLON * * * WINGO * � * * • * * * WYATT * * * • . • * . ** [ ] . ' * * * [MAT- 5] . * eLa ; [2/3 - 6] • [.3/4 - 7] . - • • • 1 . . 1 . { . . 010 5 2 ta � � ,\ Appointment of Legislative Aide Council Member Pridgen placed in nomination the name of Tawana Richardson, for appointment as Legislative Aide to the Ellicott District Office, effective January 18, 2016. A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: ADOPTED * AYE * NO * * * * FEROLETO * / * * * * FONTANA * , * * * * FRANCZYK * / * * * * * GOLOMBEK * * * * / * * PRIDGEN * , * * * * RIVERA * * * * SCANLON * * * * / * * WINGO * * J . * * * * WYATT * / * * * * * [MAJ- 5 ]] * Ci' * 0 * t _ [2/3 - 6 ] * * * [ 3/4 - 7 ] G1 , r 0OO5 i' Appointment of T n5 r L e Council Member Pridgen placed in nomination the name of Felicia M. Stanley, for appointment to Senior Legislative Assistant to the Ellicott District Office, effective February 23, 2016. A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: ADOPTED * AYE * NO * * * * FEROLETO * / * * * * * FONTANA * * * * 4 * * FRANCZYK * * * * / * * GOLOMBEK * * * 1 * * PRIDGEN * / * * * * * RIVERA * * * * ' : * SCANLON * / * * * * WINGO * * * * * WYATT * ` * * * * [MAJ - 5 ]] * lC * t [2/3 - 6 ] * * * [ 3/4 - 7 ] li4f) {`, i RESOLUTION In the Common Council of The City of Buffalo, On February 25, 2016 Council President Pridgen submitted the following resolution: Prohibit Use of Signature Stamp on Payroll Documents Whereas, in the absence of rules and regulations governing the use of signature stamps, The City of Buffalo has been exposed to potential misuse, either accidental or intentional, of department heads' principal authority to endorse documents by unsupervised subordinates; Whereas, Audit & Control, in an audit of Buffalo Fire Department payroll procedures, recently pointed out that such issues have already cost The City an unnecessary expense; and Whereas, this council, charged with the duty to safeguard the tax dollars of its citizens, finds it necessary to establish proper policies that can prevent similar scenarios, while maintaining better accountability within the various departments of The City: Now,Therefore Be It Resolved that The City of Buffalo Common Council— ].) Directs Corporation Counsel to draft and submit an ordinance amendment to The City Code that will prohibit the use of signature stamps on any documents necessary to record and verify documents related payroll for employees of The City of Buffalo; 2)Intends that such ordinance amendments will not prohibit the use of electronic signatures that can be deemed unique, verifiable, and produced as an electronic symbol or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record; and 3)Directs Council Staff to forward copies of this resolution to Corporation Counsel. ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION /L)(\ " Darius G. Pri it en Council Presid-nt Ellicott District Council Member DGP:me I ..CA Page of OO5 J Resolution By: Council Member Rivera February 19, 2016 Re: Bicycle/Pedestrian Advisory Board Appointment Whereas, Stephanie Bucalo is a resident of The City of Buffalo; and Whereas,Stephanie is an avid bicyclist and has worked on bicycle and pedestrian projects, including the Niagara Street Gateway Project as a canvasser for GO Bike Buffalo; and Whereas,the Bicycle/Pedestrian Advisory Board currently has vacancies; and Whereas, Stephanie has shown a committed interest in addressing the issues bicyclists and pedestrians face in Buffalo. Now,Therefore, Be It Resolved,the Common Council appoints Stephanie Bucalo to the Bicycle/Pedestrian Advisory Board; and Be It Further Resolved,the Common Council Staff is directed to send a copy of this resolution to the • Bicycle/Pedestrian Advisory Board. David A. Rivera Niagara District Councilmember AbOPTEly DAR:sm 0053 4'1 RESOLUTION In the Common Council of The City of Buffalo, On February 29, 2016 Majority Leader Rivera submitted the following amendment to the: RULES OF ORDER 1)Rule #5 "Regular Meeting" of The City of Buffalo Common Council Rules of Order for 2016-2017 is amended to read as follows: At the time fixed by Rule 1, the Council shall convene, the council president shall take the chair, and the following shall be the order of business: (1) Roll Call. (2) Pledge of Allegiance. (3) Invocation. (4) Felicitations and In Memoriam (5) Approval of journal of last meeting. (6) Communications from mayor. (7) Other official communications in the following order: (a) Mayor-Executive Departments. (b) Comptroller. (c) President of the Council. (d) Commissioner of Management Information Services. (e) Commissioner of Public Works, Parks, and Streets. (0 Commissioner of Police. (g) Commissioner of Fire. (h) Corporation Counsel. (i) Commissioner of Permit and Inspection Services. (j) Commissioner of Administration, Finance, &Urban Affairs. (k) Commissioner of Parking. (1) Commissioner of Community Services and Recreational Programming. (m) Commissioner of Human Resources. (n) Zoning Board of Appeals. (o) Commission on Citizens Rights and Community Relations. (p) Board of Education. (q) Buffalo Sewer Authority. (r) Buffalo Municipal Housing Authority. (s) Buffalo Urban Renewal Agency. (t) City Clerk. (8) Non-Official Communications. (9) Reports of Regular Committees. Page l of 2 (10) Reports of Special Committees and Sub-Committees. (11) Motions, Resolutions, and Notices. (12) Committee of the Whole. (13) Unfinished Business. (14) Announcement of Committee meetings. (15) Adjournment. Underlined material is new. Material in brackets [1 is repealed. ADOPTED David A. Rivera Majority Leader Niagara Council Member DAR:me Page 2 of 2 RESOLUTION Sponsors: Christopher P. Scanlon & Richard A. Fontana Subject: Establish City-Wide Conditions for Food Stores and Increase Fine Schedule WHEREAS, Hundreds of food stores, many of them corner stores or "delis," operate throughout the City of Buffalo; and WHEREAS, Although the intended purpose of food stores is to offer consumers convenient access to groceries, some of these stores become a breeding ground for illegal activity. While some offenses may seem minor, such as the sale of individual, unwrapped cigarettes, it has been the experience of the Buffalo Common Council Members that these minor offenses tend to be indicative of larger scale violations occurring; and WHEREAS, Currently, when violations are discovered, depending on the nature of the offense, fines are either issued by the county or state, or low denomination fines are issued the City of Buffalo's Department of Permits & Inspections; and WHEREAS, Due to the small nature of the fines issued by the City of Buffalo, these fines do little to deter additional, future violations from occurring; and WHEREAS, Ultimately, the purpose of any business is to create revenue. Therefore, increasing fine amounts and creating additional incremental increases after the first offense would discourage food store owners from operating in violation of city ordinances; WHEREAS, Furthermore, mainlining district specific conditions placed on food store licenses into the City Ordinance that regulates Food Stores would allow for a more thorough enforcement through the use of an updated fine schedule; and WHEREAS, Food stores that receive multiple increased fines for the same offense(s) would provide the Department of Permits & Inspections with a record indicating that the particular food store has a history of violating city ordinances, thus making it easier for the City of Buffalo to initiate legal actions on the operator's license. NOW,THEREFORE,BE IT RESOLVED, The Buffalo Common Council respectfully requests that the Law Department, the Bureau of Administrative Adjudication, and the Department of Permits & Inspections work with the Buffalo Common Council to establish city-wide, uniform conditions to attach to all food store licenses; and . NOW,THEREFORE, BE IT FURTHER RESOLVED, The Buffalo Common Council respectfully requests that the Law Department, the Bureau of Administrative Adjudication, and the Department of Permits & Inspections work witht e 6�A `' r ibC119 Buffalo Common Council to update the current fine schedule to include any new violations attached to food store licenses and to create an incremental increase for fines of repeat violations; and NOW,THEREFORE, BE IT FINALLY RESOLVED, The Buffalo Common Council directs the City of Buffalo Clerk to forward copies of this resolution to the Law Department, the Bureau of Administrative Adjudication, and the Department of Permits & Inspections. hristopher . canlon Richard A. ntana President Pro Tempore Lovejoy District Council Member South District Council Member ADOPT RESOLVES REFERRREMAINDER TO THE COMMITTEE ON LEGISLATION 0053 Resolution Sponsor: Christopher P. Scanlon Date: February 22,2016 Subject: Waive event fee in order for Buffalo Public School#72, Lorraine Academy, to host their 4th Annual Bully Free 5K and 1 Mile Fun Run WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the code;and WHEREAS: Public School#72 will be hosting this event on May 13`h1,2016;and WHEREAS: Bullying within our school has become a very serious issue;and WHEREAS: Without proper awareness events,such as the Bully Free 5K and 1 Mile Fun Run,getting the word out and combating these acts would likely never take place;and WHEREAS: Going through life with the fear of constant bullying can truly hinder a child's potential;and WHEREAS: As bullying in our has schools become more visible, the continued battle to stifle bully like acts is very important;and WHEREAS: Each year, Public School#72's Bully Free 5K and 1 Mile Fun Run hosts this event in order to get the word out on bullying in hopes of reducing the times in which it takes place within our schools., . Now,Therefore,Be It Resolved, That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works and the Department of Special Events waive all applicable event fees for Public School#72 and their 4th Annual Bully Free 5K and 1 Mile Fun Run event;and Be It Further Resolved, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events PASSED Christopher P.Scanlon President Pro Tempore South District Councilmember /-\\ . 15C1 • • • • • • .* AY•E*.. NO * * * * • • FEROLET.O * * • * * * FONTANA * * * • • • FRANCZYK * * * * * * •• GOLOMBEK . * * * . * * * • . PRIDGEN * * * • * * RIVERA • * * • * * * * • • • SCANLON * * *WINGO • * • * * • * . * WYATT * * * . . • . • [2/3 - 6] * * [3/4. - 7] . • • • RESOLUTION Sponsor:Christopher P. Scanlon Date: February 8,2016 Subject: Waive event fee for use of Cazenovia Park for Public School#72's,Lorraine Academy,Fun Day Whereas: : Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses,permits, and activities required or regulated under the provisions of various chapters of the code; and Whereas: School#72's Fun Day event will be held Friday,June 16`x',2016;and Whereas: In the past, School#72 has always respected the use of Cazenovia Park in the past;and Whereas: School#72 hosts Fun Day as a chance to thank the students for their hard work throughout the year and wish them a happy summer. Now,Therefore,Be It Resolved, That the Common Council of the City of Buffalo respectfully request that the Department of Public Works and the Department of Special Events waive all applicable event fees for School #72's "Fun Day" and their use of Cazenovia Park;and Be It Further Resolved, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events Christoph P.Scan ent Pro Tempore South District Councilmember [PASSED . • 1 • • .* AYE *. NO * f * * * • FEROLETO * * * * * * FONTANA * * * * * * . FRANCZYK * * * * * * . GOLOMBBI . * * * * * * P• RIDGEN •• * * � * • * * RIVERA * * • * * * SCANLON * * * • • WINGO • * • * * • WYATT * * * * * * [ ] * * [MAT- 5 ] * l *D [2/3 - 6] * * * [3/4 - 7.] . - • i . 0 05 3 Gv RESOLUTION In the Common Council of The City of Buffalo, On February 23, 2016 Council Member Wingo, Sr. submitted the following resolution: Renew-A-Buffalo Campaign to Promote Comprehensive Energy Policy Whereas, the troubling reality of the world's growing environmental problems has significant impact on the WNY region; Whereas, government, charged with the duty to represent and protect its citizens,cannot wait for the bleak tomorrow that a culmination of unsustainable energy dependence will bring to Buffalo; Whereas, many positive efforts to promote renewable energy, reduce the public's energy related-expenses, reduce greenhouse gas emissions, and promote the region's socially responsible sustainability have already begun; and Whereas, the people of WNY will be best served by a comprehensive local energy policy, developed an enacted through a collaborative effort from state and local government agencies,businesses, and citizens of Buffalo: Now,Therefore Be It Resolved that The City of Buffalo Common Council— ].) Is committed to protecting the both natural resources of WNY and d the people who work and live in the region; 2)In cooperation with Mayor Brown, seeks to bring together local government agencies, businesses, and citizens to tackle Buffalo's environmental challenges; 3)Pledges to enhance the existing work of our state and local leaders; 4)Will work to connect citizens with resources which can enable them to make more responsible energy choices; and 5) Plans to establish new programs and policies to help get The City closer to laudable goals of sustainability. ADOPTED OA- / /AP A% 1 ' ees I.Wingo, Masten District Council Member uow:me 11. #) Page i of 005 $q/ RESOLUTION In the Common Council of The City of Buffalo, On February 25, 2016 Council Member Wingo, Sr. submitted the following resolution: Safety of NY33 East Exit to Grider Street Whereas, the safety of motorists and pedestrians is a primary concern for government, requiring adequate legislation, enforcement, and public awareness; Whereas, in New York State,nearly 30%of traffic fatalities list speeding as a contributing factor to those accidents and that percentage has been increasing in recent years; Whereas, the NY33 East exit to Grider Street in Buffalo is a growing safety concern with 77 traffic accidents reported in the area from January 2014 to the present; and Whereas, safety solutions for this location will require the assistance of NYS Department of Transportation (DOT), which bears primary responsibility for NY33: Now, Therefore Be It Resolved that The City of Buffalo Common Council- 1) Requests DOT to review the design and traffic patterns of the eastbound exit to Grider Street from NY33 with regard to motorist safety; 2) Requests DOT to consider such measures as installation of signage that will encourage drivers to slow down earlier before the intersection; and 3) Directs Council Staff to forward copies of this resolution to The City of Buffalo Department of Public Works, DOT, NYS Senator Tim Kennedy, and NYS Assemblywoman Crystal Peoples-Stokes. ADOPTED offiii AA gift, /7,-/-mui*/mirwr .1 sees U. ing • Masten District Council Member uow:me 13( Page i of 1171 e ` •�' rev '` PKY�y any IIBMUJO9 • tib fi env e6p!JgweO • 0 03 E CI) OL�mak 4 . $ ��� AM� � . � At, w'� tc " = t, )?t � Y� teL`r - .- 'r� ullf7�' t Cn CIL) _ 1 tt,C-, 4„.0,11,;1 ,,CL C.,,,47C4-TPC,,-"4„,,e1,4-:,„;;',,,,,r414 4 �' � -, C1 ;� .x Id Sok ___:,,,.„,..... ......,,, e.-e-e4tere",40 y i a s = � Q a Ci CV 4= iJ:o!iLP0PI 1 t W J _ i. �r L �� NY any weyjna Q t ' F, T.... i. O , , sF 0 C4 ;� ii i - 1 i CD CU id�a;saaoM I �;t ; , € L' f 'I �o�6uhlCL CU aed 73 7111111(9 1 kr 1 ! I F ll I i� l • Id allse� „a i Q ca ' U c• co O A— c NT- co ca � 5. aci p >,N . % a - SGS -P2** ;a U- " spy ... C Q c 3 2 r '� W -cam Lp_......di ,,,9., e � J Q , 0 0 1 0 0 RESOLUTION �� In the Common Council of The City of Buffalo, On March 1, 2016 Council Member Wingo Sr. submitted the following resolution: Support for a Living Wage Whereas, the federal minimum wage has remained $7.25 per hour since 2009, while the actual cost of living has continued to rise; Whereas, in the world's wealthiest country, millions of full time workers continue to earn poverty level wages, putting their children and themselves at a lifestyle risk for health and d education concerns, including, but not limited to poor nutrition, unsafe or inadequate housing, lack of access to medical aid when needed, challenges to children's learning abilities and the therefore to their success in school; Whereas, studies show that an increase in minimum wage corresponds with an increase in jobs and has little or no negative effect on the employment of minimum wage workers; Whereas, that an increase in the minimum wage corresponds with an increase in jobs and has little effect on the employment of minimum wage workers; Whereas, that an increase in minimum wage generate billions of dollars in new consumer spending, adding a stimulus to the American economy; Whereas, New York State workers outside of New York City are receiving $9 as of December 31, 2015 and will rise to $15 per hour by the year 2021;and Whereas, Mayor Byron W. Brown, Mayor of the City of Buffalo announced that the City of Buffalo workers will have a minimum wage of $15 in the next fiscal year; Now Therefore Be It Resolved that Masten District Common Council Office i) Let the record show that the Masten District Council Office is in full support of raising the minimum wage to $15 an hour as it is a stimulus to the economy and will allow families to get closer to a sustainable living. ADOPTED Hon. ysees 0.Win , Sr. Ps Masten District Council Member UOW,Sr:fgiii 5\./ 031 BY: RASHEED N.C. WYATT Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional upon the person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Joseph S. Ahmed Donna M. Benitez Robert J. Delaney Jose L. Lorenzo Anthony Shea Total: 5 Adopted: 3/01/16 SLP-c` 63? BY: RASHEED N. C. WYATT Appointments Commissioner of Deeds That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Eric S. Alajko Valerie G. Foye James J. Messina TOTAL: 3 Adopted on 3/01/16 0 0 5 38 j�6o'�'Jl L..J BY: RASHEED N. C. WYATT Appointments Commissioner of Deeds That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Eric S. Alajko James J. Messina TOTAL: 2 Adopted on 3/01/16 AkS1s: \i 00q i))q(\ 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, March 8, 2016 at 9:45 o'clock A.M. Committee on Finance Tuesday, March 8, 2016 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, March 8, 2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday, March 8, 2016 at 2:00 o'clock P.M. Special Committees Committee on Education Thursday, March 10, 2016 at 1:30 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition,there may be meetings set up whereby the City Clerk's Office is not made aware;therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. 0t? -a No. Adjournment v, a On a motion by Mr. Rivera, Seconded by Mr. Scanlon,the Council adjourned at PM GERALD A. CHWALINSKI CITY CLERK March 1,2016