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Home My WebLink About16-0322ss SPECIAL SESSION March 22,2016 AT 12:50 P.M. 1. Call for Special Session R&F 2. Report of Bids—Tree Care of NY-Bailey Ave. Bridges APP 3. Report of Bids—Tree Care of NY—Caz Creek&Buffalo River APP 4. BMHA Grant in Aid Agreement APP 5. Adjourn R&F COMMON COUNCIL CITY HALL—BUFFALO SPECIAL SESSION March 22,2016 at 12:50 P.M. PRESENT : Darius G. Pridgen President of the Council, and Council Members Feroleto,Fontana,Franczyk, Golombek,Rivera, Scanlon,Wingo,Wyatt-9. ABSENT None. i * AYE * NO * * FEROLETO * * * * FONTANA * /* * * FRANCZYK * /* * * GOLOMBEK /* * * * PRIDGEN * /* * * RIVERA * / * * * SCANLON * /* * * WINGO ✓/ WYATT * j/* * Maj -5 * * * 2/3- 6 * * * 3/4- 7 * * * 1 too . GALL r Oi& s f C:_,T � 513.9" March 22, 2016 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo,New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 22, 2016 presented to you herewith, I hereby call a Special Meeting of the Common Council,to be held in the Council Chambers, City Hall, Buffalo,New York, on March 22, 2016 at 12:50 P.M. and waive the 24 hour notice for the following purpose: To receive and take appropriate action on all items regarding : 1. Report of Bids—Tree Care of NY—Bailey Ave. Bridges 2. Reportof Bids—Tree Care of NY—Caz Creek&Buffalo River 3. BMHA Grant in Aid Agreement Yours very truly, o C Darius G. Pridgen President of the Council March 18, 2016 Hon. Darius G. Pridgen President Common Council 1315 City Hall Buffalo,New York Dear Sir: WE,the undersigned, members of the Common Council,hereby request that you call a Special Meeting of the Common Council,pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. Report of Bids—Tree Care of NY—Bailey Ave. Bridges 2. Report of Bids—Tree Care of NY—Caz Creek&Buffalo River 3. BMHA Grant in Aid Agreement We request that this Special Meeting be held on March 22, 2016 at 12:50 P.M. ede,i.e(4, "mop, f•.- • I,. r a� a { Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council,to wit: JOEL P. FEROLETO RICHARD A. FONTANA DAVID FRANCZYK . JOSEPH GOLOMBEK DAVID RIVERA CHRISTOPHER SCANLON iULYSEES O. WINGO SR. RASHEED N.C. WYATT hereby agrees that twenty-four(24)hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 22, 2016 at 12:50 P.M. 04411717;111, ' tra° laMerf i7MardrilleY dip STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 22nd day of March 2016, before me,the subscribers,personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Commissioner of Deeds, in and for the City of Buffalo,N.Y. My Commission expires 12/31/16 March 22, 2016 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that,pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 18, 2016, DARIUS G. PRIDGEN,President of the Common Council,has called a Special Meeting of the Common Council,to be held in the Council Chambers, City Hall, Buffalo, New York, on March 22, 2016 at 12:50 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1. Report of Bids—Tree Care of NY—Bailey Ave. Bridges 2. Report of Bids—Tree Services of NY Caz Creek& Buffalo River 3. BMHA Grant in Aid Agreement Yours very truly, i c� a. C��1 n; �'� vl Gerald A. Chwalinski City Clerk City Clerk's Department BUFFALO March 22,2016 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. 2 PASSED March 22,2016 Report of Bids-Tree Care of NY Bailey Ave Bridges Gerald A Chwalinski City Clerk 3 APPROVED j f MAR 232016 redoulikLica, A.41 MAYOR ,�_...... O #1 (Rev. 1/93)SINGLE PAGE COMMUNICATION TO THE OMMON COUNCIL TO: THE COMMON COUNCIL Date March 9, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Report of Bid [Tree Care of New York, LLC [Bailey Avenue Bridges PIN 5756.34 [Over Cazenovia Creek&Buffalo River [Lovejoy District PRIOR COUNCIL REFERENCE: None This is to advise your Honorable Body that I requested informal bid proposal and recieved the following four bid Proposals on March 7, 2016 for the tree removal at site of Bailey Avenue Bridges over Buffalo River and Cazanovia Creeck project. It is necessary to advance the tree removal ahead of the project work to avoid restriction on the tree removal after april 1'due to endangererd species. Tree Care of New York, LLC $ 13,470.00 Eastwood Industries, Inc. $ 22,200.00 Tree Services of WNY, LLC $ 26,608.00 Schneck's Tree Removal,Inc. $ 56,400.00 I hereby certify that the lowest responsible bidder is Tree Care of New York, LLC and respectfully recommend that your Honorable Body authorize a contract award the amount of $ 13,470.00 Project is Funded by FHWA and the City of Buffalo as part of local Transportation Improvement Program(T.I.P.) . Funds for this project will be available in an account to be named later. EFE E TO TH MJF/sag r IN ',CE. Recommended: �6° j Title: Michael J. Finn, P.E., City ngineer PASSE O- DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works ks& Streets SIGNATURE OF DEPARTMENT HEAD: 7 Report of Bids—Tree Care of New York, LLC—Bailey Avenue Bridges over Cazenovia Creek and Buffalo River—PIN 5756.34—Phase II (Lov) (DPW) (Item No. , C.C.P., Mar. 15, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the tree removal at the site of the Bailey Avenue Bridges over Cazenovia Creek and the Buffalo River, with Tree Care of New York, LLC, with a total contract amount of$11,437.00. Under this agreement, two (2) trees will be planted for every one (1) removed. A minimum of thirty (30) trees with a three (3) inch diameter will be planted. This project is funded by FHWA and the City of Buffalo as part of Local Transportation Improvement Program (T.I.P.). Funds for this project will be available in an account to be named at a later date. PASSED AYES—9 NOES - 0 Recommended by the Committee on Finance Chairman C:\Users\clehnerV.ppData\LocahMicrosoft\Windows\Temporary Internet Files\ContenlOullookUSMLCIH5\Report of Bids-Tree Care Phase 2.docx * AYE * NO * * FEROLETO * * * FONTANA * * * * FRANCZYK * * 4 3 * GOLOMBEK * * * * PRIDGEN * * * * RIVERA * * * * SCANLON * * * * WINGO * * i * WYATT * * * • * Maj -5 * * * = a 2/3 - 6 !} 3 3/4 - 7 * * * Ii City Clerk's Department BUFFALO March 22,2016 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. 3 PASSED March 22,2016 Report of Bids-Tree Care of NY Caz Creek& Buffalo River Gerald A Chwalinski City Clerk c\.) APPROVED r 3-1 MAR 2 3 2016 IMA OR I , #1 (Rev. 1/93)SINGLE PAGE COMMUNICATION TO THE OMMON COUNCIL TO: THE COMMON COUNCIL Date March 22, 2016 FROM: DEPARTMENT:Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Report of Bid [Tree Services of WNY, LLC [Bailey Avenue Bridges—PIN 5756.34 [Over Cazenovia Creek&Buffalo River [Lovejoy District PRIOR COUNCIL REFERENCE:None This is to advise your Honorable Body that I requested informal bid proposal and recieved the following three bid Proposals on March 22, 2016 for the phase II tree removal at site of Bailey Avenue Bridges over Buffalo River and Cazanovia Creeck project. It is necessary to advance the tree removal ahead of the project work to avoid restriction on the tree removal after april 1St due to endangererd species. Tree Services of WNY, LLC $ 11,437.00 Eastwood Industries, Inc. $ 16,550.00 Tree Care of New York, LLC $ 34,53000 I hereby certify that the lowest responsible bidder is Tree Services of WNY, LLC and respectfully recommend that your Honorable Body authorize a contract award for the amount of $ 11,437.00 Project is Funded by FHWA and the City of Buffalo as part of local Transportation Improvement Program(T.I.P.) . Funds for this project will be available in an account to be named later. MJF/sag 6ai Recommended: ✓ PASSED Title: Michael J. Finn, P.E., City ngineer n A c(A DEPARTMENT HEAD NAME: Steven J. Stepniak • TITLE: Commissioner of Public Wo , Parks : . reets __— • SIGNATURE OF DEPARTMENT HEAD: Mr. Rivera moved to amend said item seconded by Mr. Fontana Tree removal Plant 2 trees for every 1 removed. The minimum of 30 trees, 3 inches in diameter. 1 1 1 * AYE * NO * * FEROLETO * * * * FONTANA * * * FRANCZYK * * J/* * GOLOMBEK * * * * PRIDGEN * * RIVERA * SCANLON * * * * 1 WINGO Ii * WYATT * * * * Maj - 5 * * * 2/3 - 6 3/4 - 7 Er 1 City Clerk's Department BUFFALO March 22,2016 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. 4 PASSED March 22, 2016 BMHA-Grant in Aid Agreement Gerald A Chwalinski City Clerk APPROVED MAR 232016 • Pf IP MAYOR 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 he terms and conditions described herein. ' E FE R ' :it TO Tit COM, ATTEF Thank you for your consideration in this matter. ! F '1 ANC _ PASSED SIGNATURE /� 41 / V/.A_ DEPARTMENT HEAD TITLE: -.4•1w issioner, Donna J. Estrich c\ 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 1 . Buffalo Municipal Housing Authority Grant In Aid Agreement (Admin&Finance) (Item No. 633, C.C.P., Mar. 15, 2016) Mr. Fontana moved: That the above item be, and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Mayor to executed the proposed Grant in Aid Agreement with the Buffalo Municipal Housing Authority(BMHA) for the provision of $250,000 in grant funding to assist in the funding of the operating deficit related to the Fredrick 'Douglass Associate partnerships (Frederick Douglass Associates,LP, Frederick Douglass Associates, II, LP, and Frederick Douglass Associates, III, LP). The grand funding is to be deposited into a separate account,not the general fund. The grant funding is to be utilized at the Frederick Douglass Housing Complex, and the BMHA shall account how the funds were spent to the Frederick Douglass Housing Complex. 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,the BMHA shall accept audit by the City Comptroller of the performance of the terms of the agreement. PASSED AYES-9NOES - 0 Recommended by the Committee on Finance Chairman Others\etch=\AppData\LmaaMicrosoft\Windows\Temporary Internet Files\Content.GudookU5MLCIH5\BMHA Grant In Aid Agreementdoca l i • i • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * • FRANCZYK * * * . * * ' GOLOMBEK * * * * * * 1 PRIDGEN * * * * * * RIVERA * * • * * * * • SCANLON * * * • * * WINGO * • * . * * * WYATT * * * 1 * * * [ ] . _ . * * • [MAJ- 5 ] * * ) 1 • [2/3 - 6] * * * I [ 3/4 7 ] 1 I i . No. • Adjournment —17 On a motion by Councilmember Rivera, Seconded by 1'• '1/01 , the Council •adjourned at J ; .1 n7' B" GERALD A. CHWALINSKI CITY CLERK i 1