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HomeMy WebLinkAbout16-0705 (2)/Sr/ Felicitations/In Memoriam Attached hereto are In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Prayers for Juan Rodriguez By Councilmember Fontana In Memoriam for Elva I. Tardi By Councilmember Rivera In Memoriam for Joseph Sinkiewicz By Councilmember Franczyk In Memoriam for Eileen Jaeckle By Councilmember Golombek In Memoriam for Victims of Plush, Orlando, FL By Councilmember Pridgen In Memoriam for All Service Men & Women and Civilians who gave their life fighting for the freedom of others By Councilmember Pridgen ADOPTED CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALM., - BUFFALO July 5, 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 June 21, 2016 were approved. [ MAJ - 5 ] [ 2/3 - 6 ] [3/4- 7] July 5, 2016 * AYE* NO * * * * FEROLETO * * * FONTANA * * * * FRANCZYK * * GOLOMBEK * * PRIDGEN * RIVERA * * SCANLON * * * * WINGO * * WYATT * * * * / * * * 1 FROM THE MAYOR July 5, 2016 f July 5, 2016 FROM THE MAYOR - EXECUTIVE DEPARTMENT 4 a FROM THE OFFICE OF STRATEGIC PLANNING .� 518 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 27, 2016 FROM: DEPARTMENT: Office of Strategic Planning SUBJECT: Authorizing the Mayor of the City of Buffalo, or a designated member of his staff or the Mayor's Office of Strategic Planning staff, to execute and deliver a signed lease agreement between the City of Buffalo and the following Broadway Market vendors for the purpose of doing business in the Broadway Market. The mission of the Broadway Market is to provide a venue where local farmers, merchants, crafters and artisans come together to provide a variety of locally made products directly to the community. The Broadway Market's environment promotes a greater sense of community, fosters local business development, educates about the importance of buying local, and encourages social gathering. The City of Buffalo seeks to implement leases through, the. Mayor's Office of Strategic Planning to promote stability in the market, have indemnifications and insurances for the City effectuated, and establish an income stream necessary for the on-going growth and maintenance of the Broadway Market. The following Broadway Market vendor leases are contained in Attachment A: Vendors who have been at the Broadway Market for more than one year: Broadway Optician — two year lease Daily News & Numbers — month to month lease Deb's Delights— production and sale of pickled items, salsa, jams & jellies - two year lease East/West Cafe — two year lease Famous Horseradish — two year lease Jackson Hewitt Tax Services — three year lease New Vendors: Keeping Traditions Perogi — production and sale of perogi — month to month WeRNuts — production and sale of roasted nuts — month to month The Office of Strategic Planning is requesting that Your Honorable Body: Authorize the Mayor of the City, or a designated member of his staff or the Mayor's Office of Strategic Planning Real Estate Division, to execute and deliver these leases and any other related documents and authorize the Mayor and other pertinent City personnel to take all steps and actions to work together in the spirit of co peration and open communications, consistent with law, with the primary goal of meeting a need of the City of Buffalo and the Broadway Market's small businesses in the Ci of Buff o. SIGNATURE: DEPARTMENT HEAD NAME: TITLE: Christie Nelson Director of Real Estate, Mayor's Office of Strategic Planning a�- 71 BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Broadway Optician c/o Irena Woszczak, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Term Size of Premises Base Rent Rent Permitted Use Governmental Authority CAM Floor Space Number 6 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Deemed to be 365 rentable square feet on market floor and 407 rentable square feet for storage/reception area. As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Optician office — eye exams, sale of eye ware and related items. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. The United States, the State of New York and any political subdivision thereof or any local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. 1 ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 652.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 46.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 3 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state 4 "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: 5 (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 112 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b). Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: ii_del td Btc,qq el(„0,4 CITY OF BUFFALO Address 7/e Q92- 93 75 Phone Number Its: GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours unless other arrangements have been made with Broadway Market Management. Broadway Optician hours of operation: 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 11 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside 12 only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every 13 Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT A BROADWAY MARKET FLOOR PLAN 1001C12 104 flo 116 1, EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN BROADWAY OPTICIAN 2016-2018 Sq. Ft. $/Sq. Ft. Year 1 Monthly Base Rent 365 $ 13.75 $ 5,016.00 $418.00 Storage/Wholesale 207 $ 6.90 $ 1,428.00 $119.00 Rent Base Rent Reception 200 $ 6.90 $ 1,380.00 $115.00 Area BASE RENT CAM (Retail) CAM (Storage) TOTAL CAM TOTAL LEASE Plus Monthly Electric $ 7,824.00 $652.00 $ 548.00 $ 46.00 $ 8,372.00 $ 698.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. > SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: BAKERY PRODUCTION B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and DAILY NEWS & NUMBERS c/o Gregg Robins_,, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Term Size of Premises Base Rent Rent Permitted Use Governmental Authority Floor Space Number 11 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. As of July 1, 2016 ("Commencement Date") and continuing on a month to month basis. Deemed to be 854 rentable square feet on market floor. As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Sale of money orders, lottery tickets, newspapers, soda, candy, and assorted household items. Utility payments are also accepted. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. The United States, the State of New York and any political subdivision thereof or any local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 979.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 69.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant' s Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances, of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 4 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules, and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Gregg Rob i s '` � �, By: 8179 Woodview Court Its: Williamsville, New York 14221 (716) 894-4900 (business number) GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 7(' RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours unless other arrangements have been made with Broadway Market Management Office. Daily News & Numbers business hours are the same as listed above. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. 11 III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. 12 Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use 13 the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 q�1 EXHIBIT A BROADWAY MARKET FLOOR PLAN 1 41 J 4: pi e1 41 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 DAILY NEWS AND NUMBERS Sq. Ft. $/Sq. Ft. Year 1 Monthly Retail Stand 854 $ 13.75 $ 11,742.50 $ 978.50 Storage/Wholesale $300.00 $ 25.00 Stand BASE RENT CAM (Retail) TOTAL CAM TOTAL LEASE Plus Monthly Electric 12,042.50 I $1,003.50 816.00 $ 68.00 816.00 $ 68.00 12,858.50 $1,071.50 LP EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand. selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ➢ OTHER: Sale of lottery tickets, newspapers, money orders, soda, candy, snacks and assorted household items. Utility payments are also accepted. B. The Tenant may also sell such additional products as listed below: ul BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Deb's Delights, Inc. , with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 34A and 34 C in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") through June 30, 2018. Size of Premises Deemed to be 144 sf on market floor and 504 sf in prep area rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Production, distribution and retail sales of homemade canned goods including various pickles, chili sauces, salsas, mustards, jams, pickled garlic and pepper jellies. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $458 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any 2 part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $32.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 3 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant' s contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including but not limited to attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state 4 "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: 5 (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and• approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. • Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 tk° ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $NA (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Debra Dechert By: 744 Center Street Its: East Aurora, New York 14052 (716) 474-4022 GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms andconditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, 11 ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 12 raj 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. 13 XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXH/BIT A BROADWAY MARKET FLOOR PLAN 1 101 103 fE 1.00 42 104 C 63. A C 61 13 A 4' 110 c 1i 05 43 41 tic tar kt 111 111 111 1 1111 Et_ 5, „ EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN DEB'S DELIGHTS Sq. Ft. $ISq. Ft. Year 1 Retail Stand # 1 144 $ 13.00 $ Storage/Wholesal 504 $ 6.00 $ e Stand #1 Cooler/Storage/ Case Rental Outside Cooler BASE $ RENT CAM $ ELECTRIC TOTAL LEASE 1,872.00 3,024.00 2016-2018 Monthly $156.00 $252.00 $600.00 $50.00 5,496.00 $458.00 385.00 $ 32.00 $720.00 $60.00 6,601.00 $550.00 tit EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ➢ OTHER: Production, distribution and retail sales of homemade canned goods including various pickles, chili sauces, salsas, mustards, jams, pickled garlic and pepper jellies. B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and East West Cafe c/o Selvakumar Selvadurai, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant") ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Term Size of Premises Base Rent Rent Permitted Use Governmental Authority CAM Floor Space Number _31 & 33 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Deemed to be _230 rentable square feet on market floor and _137 rentable square feet for storage area. As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Sale of East/West cuisine including sandwiches, wraps, seasonal cooked food items, soda, coffee and spices. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. The United States, the State of New York and any political subdivision thereof or any local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 7`, 60\ Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section i1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 442.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any 2 part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 31.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant' s Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 4 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 UI further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor bum anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ 0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Selvakumar Selvadurai By 3842 West River Road Its: Grand Island, New York 14072 (716) 262-4190 (cell) GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 V� RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market Hours unless other arrangements have been made with Broadway Market Management. East-West Cafe hours: same as listed above. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. 11 III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. 12 Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use 13 r\\ the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT A IBROADWAY MARKET FLOOR PLAN tot 143 IT 0 4 r E X 144 102 104 11 47 5 417 A 45 -43 41 C A 0; 4,44.44.44 03 110 10 4 II1 ILO 4 01. 1 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN EAST WEST CAFE Base Rent Coolers/Storage/Case Rental Storage/Wholesale Rent Cooler/Storage/ Case Rental BASE RENT CAM CAM (Storage) TOTAL CAM TOTAL LEASE Plus Monthly Electric Sq. Ft. $/Sq. Ft. Yearly 230 $ 13.75 $ 3,163.00 na na $ 600.00 137 $ 6.90 $ 945.00 $ 600.00 $ 5,308.00 1 $ 372.00 $ $ 372.00 $ 5,680.00 2016-2018 Monthly $264.00 $ 50.00 $ 79.00 $ 50.00 $ 442.00 $ 31.00 $ - $ 31.00 $ 473.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. ➢ RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: 4( BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Famous Horseradish c/o Zenon Skup, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 82 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be 400 rentable square feet on market floor and _200 rentable square feet for storage area. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale of fresh fruits and vegetables, horseradish, horseradish mustard and seasonal plants. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 677.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any 2 part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 48.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 1 ARTICLE 7 Tenant' s Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, 4 �V1 Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ 0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written TENANT: a� -". LANDLORD: By: GUARANTEE (If Required) CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 11 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 12 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing 13 whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No•product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT A BROADWAY MARKET FLOOR PLAN I 141 1073 1; , 100102 i16 130 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 FAMOUS HORSERADISH Sq. Ft. $/Sq. Ft. Yearly Monthly Base Rent 400 $ 13.75 $ 5,500.00 $ 458.00 Storage/Wholesale 200 $ 6.90 $ 1,380.00 $ 115.00 Rent Coolers/Storage/Cas $ 300.00 $ 25.00 e Rental Cooler/Storage/Case Rental 2 rooms BASE RENT CAM (Retail) TOTAL CAM TOTAL LEASE Plus Monthly Electric $948.00 $ 79.00 $ 8,128.00 $ 677.00 $ 576.00 $ 48.00 $ 576.00 $ 48.00 $ 8,704.00 $725.00 q-6 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. ➢ PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ➢ OTHER: Assembly of fresh produce & vegetable boxes for home delivery. B. The Tenant may also sell such additional products as listed below: AC RO D� fit....-� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 05/23/2016 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 INSURED DENNIS EVCHICH DENNIS EVCHICH AGENCY 100 PLAZA DRIVE SUITE E WILLIAMSVILLE ZENON SKUP FAMOUS HORSERADISH 991 Broadway Buffalo NY 14221 NY 14212 - COVERAGES CERTIFICATE NUMBER: CONTACT JulieAnn Sommer _NAME* PHONE (716) 688-7576 (AIC, 1-1114,cj.sommer@deinsurance.net INSURERISI AFFORDING COVERAGE INSURER A :Preferred Mutual INSURER B :ROCHDALE INSURANCE I INSURER C : 1 INSURER D : { 1 INSURER E : I IN,OUR F' a/c, No)•(716) 810-9233 REVISION NUMBER: NAIC # 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, ' "HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES..IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INVADDL SUBR POLICY EFF POLICY EXP . . t TR TYPE OP INSURANCE tyro 1M/n POLICY NUMBER IMMIDD/YYYY) IMMIDDIvvvvt LIMITS A 1 COMMERCIAL GENERAL LIABILITY X BOP 0100584010 05/15/2016 05/15/2017 CLAIMS -MADE x 1 OCCUR GEN'LAGGREGATE LIMIT APPLIES PER: POLICY l • IJE� LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED I 1 RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under OFSCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE Y/N NIA RWC3412619 05/01/2016 05/01/2017 EACH OCCURRENCE •• • $• DAMAGE TO RENTED oral' .. $ MED EXP (Anv one person) $ PERSONAL & ADV INJURY $ IGENERAL AGGREGATE $. 1 PRODUCTS - COMP/OP AGG $ $ COMBINED SINGLE LIMIT $ ridantl BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ X I STATUTE I FORH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CITY OF BUFFALO IS LISTED AS CERTIFICATE HOLDER AND AS ADDITIONAL INSURED CERTIFICATE HOLDER CITY OF BUFFALO CITY HALL' ROOM 920 65 NIAGARA SQUARE BUFFALO NY 14202 - CANCELLATION <.1,000,000 50,000 10,000 1,000,000 2,000,000 2,000,000 500,000 500,000 500,000 Al 168344 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and _Tax Services of America, Inc. dba Jackson Hewitt Tax Service, a corporation, organized under the laws of the State of Delaware with a principal place of business 501 North Cattleman Road, 3rd Floor, Sarasota, Florida 34232 Attention: VP, Lease Administration ("Tenant")with satellite office located at. 999 Broadway, Buffalo, New York 14212. . ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 1 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 01, 2016 ("Commencement Date") continuing through June 30, 2019. Size of Premises Deemed to be 425 rentable square feet on market periphery. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale of Tax Preparation Services and no other purpose. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $1,023.06 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. The monthly Base Rent shall increase by two percent (2%) annually, with an initial two percent (2%) increase on July 1, 2017 and an additional two percent (2%) increase on July 1, 2018. Normal Market Hours are Monday through Saturday, 8:00 am — 5:00 pm (see Market Rules & Regulations attached hereto) and Landlord provides onsite security 6:00 am — 6:00 pm ("Secure Market Hours"). In the event Tenant requires security beyond 6:00 am — 6:00 pm ("Secure Market Hours"), Tenant will be responsible for any costs and expenses related to additional security, it being understood that Tenant's business operations beyond "Secure Market Hours" will automatically require security for each extra hour. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30t of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas 2 Section 4.1 Use of Common Areas. Landlord hereby grants toTenantanon-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 73.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric is to be paid to Landlord by Tenant as billed monthly by Landlord per meter in the Premises. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is 3 otherwise deemed by Landlord -in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. 4 Each such general liability insurance policy or policies shall name Landlord as anadditionalinsured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. 5 (1)- To keepandmaintain the Premises and the surrounding -Common -Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or 6 other thing of any kind, other than neatly -lettered signs of reasonable sizeplaced onthefloor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Notices Any notice, demand, request or other instrument which may be or is required to be given under this Lease, whether by a party hereto or on behalf of such party by its legal representative, shall be deemed to be delivered (i) when received (or when receipt is refused) if deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received (or when receipt is refused) if delivered personally or sent by a nationally recognized overnight courier, all charges prepaid, at the addresses of Landlord and Tenant as set forth in this Section. Such address maybe changed by written notice to the other party in accordance with this Section. The parties acknowledge that copies of any notice sent by facsimile or e-mail are for convenience only, and shall not be deemed to be proper notice required hereunder. If To Landlord: The City of Buffalo 901 City Hall Buffalo, NY 14202 Attn: Kathleen T. Peterson (716) 851-5086 If To Tenant: Tax Services of America, Inc. c/o Jackson Hewitt 501 North Cattlemen Road, 3rd Floor Sarasota, FL 34232 Attention: Chief Development Officer and Tax Services of America, Inc. 501 North Cattlemen Road, 3rd Floor Sarasota, FL 34232 Attention: VP, Lease Administration" ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) (b) The vacation or abandonment of the Premises by Tenant; A failure by Tenant to pay, when due, any installment of Rent hereunder or any other 7 sum herein requiredtobe paid by -Tenant where -such -failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, 8 .„\ Landlord -may -continue -this -Lease in effect for--the-remainder of -the Term -and, -whether -or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to 9 Corporation -Counsel -for the-City_of-Buffalo-at--1100-City-Hall,-Buffalo, New York -14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. All disputes between Landlord and Tenant shall be venued in Erie County, New York. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ 0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. Tenant shall not have the right to assign this Lease without the prior written consent of Landlord, which such consent 10 shall -be -withheld, -granted -or -conditioned in Landlord's sole discretion. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: Tax Services of America, Inc. LANDLORD: CITY OF BUFFALO BY: Mai NSA Sv-bo By: Date: b )2 i S° Its: Address: Tax Services of America, Inc. C/o Jackson Hewitt 501 North Cattlemen Road, 3rd floor Sarasota, Florida 34232 Attention: VP, Lease Administration GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 11 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such 12 containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers 13 only).- 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII: Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 14 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. _ Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 15 EXHIBIT A BROADWAY MARKET.FLOOR PLAN 4W( 470 la II 41 13 a1 4= 11Q A SS A 4 a 110 NEL 31 rBR0ADwAY 1 BROADWAY MARKET RENT Tax Service of America Sq. Ft. Base Rent Retail BASE RENT Common Area Charge TOTAL LEASE Plus Monthly Electric BREAKDOW 2016 Monthly Yearly 425 $1,023.06 $ 12,276.72 $1,023.06 $ 12,276.72 $73.00 $ 876.00 $1,096.06 $ 13,152.72 \0 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. > OTHER: Sale of Tax Preparation Service. B. The Tenant may also sell such additional products as listed below: \\ ,gICaR p DATE (MM/DDIYYYY) �... CERTIFICATE OF LIABILITY INSURANCE 11/1/20161 10/30/2015 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 Lockton Companies 8110 E. Union Avenue Suite 700 Denver CO 80237 (303) 414-6000 INSURED Jackson Hewitt Tax Service, Inc. 1399969 10 Exchange Place, 27th Floor Jersey City, NJ 07302 CONTACT NAME: PHONE IFAX (A(C, No. Extl: LAIC. NO: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : American Zurich Insurance Company INSURER B : American Guarantee and Liab. Ins. Co. INSURER c :Zurich American Insurance Company INSURER') : INSURER E : INSURER F NAIC 40142 26247 16535 COVERAGES CERTIFICATE NUMBER: 13619830 REVISION NUMBER: XXXXXXX 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. IEXP LTR R I TYPE OF INSURANCE IAN DD Iswv_D POLICY NUMBER IBR MMIDIDY I IEFF MMIDDY I LIMITS A X COMMERCIAL GENERAL LIABILITY y N GLA9319559-04 B C CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT X LOG OTHER: AUTOMOBILE LIABILITY 'X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X UMBRELLA LIAB EXCESS LIAB X' SCHEDULED AUTOS NON -OWNED AUTOS X IOCCUR CLAIMSMADE DED 1 1 RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N N N GLA9319559-04 N NIA N AUC9319615-04 -. N WC9319560-05 11/1/2015 11/1/2016 11/1/2015 11/1/2016 11/1/2015 11/1/2016 11/1/2015 11/1/2016 EACH OCCURRENCE DAMAGE TO RENTED, PREMISES (Ea occurren.cet MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE I$ I$ 1$ 1$ 1,000,000 1,000.000 $ 10,000 1,000,000 2,000,000 2,000,000 PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT, $ (Ea accident) ' BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ EACH OCCURRENCE AGGREGATE X 1 STATUTE I 1 EORH E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Office 10805, 999 Broadway, Buffalo, NY 14212. CERTIFICATE HOLDER CANCELLATION 13619830 City of Buffalo 920 City Hall Buffalo, NY 14202 1,000,000 XXXXXXX XXXXXXX XXXXXXX $ XXXXXXX $ 15.000.000 $ 15.000.000 $ XXXXXXX $ 1,000,000 $ 1.000,000 $ 1.000.000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESBNiATJVE }� fbt1i ©1988J2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of March 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Mark Lancaster dba Keeping Traditions Perogi, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 61 A -D and 41 E in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of March 1, 2016 ("Commencement Date") continuing on a month to month basis thereafter. Size of Premises Base Rent Rent Permitted Use Governmental Authority CAM Deemed to be 200 rentable square feet for retail and 332 rentable space for production. As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Production and sale of perogi. Tenant' s use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant' s Permitted Use. The United States, the State of New York and any political subdivision thereof or any local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $383.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30t of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $27.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by- any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant' s use or occupancy of the Premises or the conduct or operation of Tenant' s business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. 4 The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. 5 Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the 6 removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant' s assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior 7 notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (1) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the 8 \1\ earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. hi the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord 9 all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: By: (Printed Name) Mark Lancaster Address: 8005 Prospect Station Westfield, New York 14787 Phone: 716-326-3100 GUARANTEE (If Required) CITY OF BUFFALO By Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLOOR PLAN I 10 10, i 51 ; 41tamsoalis,aarg I 8 8 9 9 a 7 ;10 EXHIBIT B BROADWAY MARKET TENANT Keeping Traditions Perogi Sq. Ft. Base Rent Main 200 Stand Production Main Stand Production 2nd Stand 132 RENT BREAK DOWN 2016 $/Sq. Ft. Year 1 Monthly $ 13.00 $ 2,600.00 $217.00 200 $ 6.00 $ 1,200.00 $100.00 BASE RENT CAM TOTAL LEASE Plus Monthly Electric $ 6.00 $792.00 $66.00 $383.00 $ 324.00 $ 27.00 $ 4,916.00 $410.00 `�� EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ➢ OTHER: Production and Sale of PEROGI B. The Tenant may also sell such additional products as listed below: RULES AND REGULATIONS OF THE BROADWAY MARKET 1. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 11 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks: Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries 12 after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations or assaults in the market or on market grounds this includes threats to vendors, employees, customers or other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product 13 \Y1 purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 BUSINESSOWNERS BPM 3100 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON -CONTRACTORS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE A. Additional Insureds Each of the following is added to Paragraph C. Who Is An Insured of BPM P 2 — Section 11— Liability but only as specifically described by the following: 1. Any person or organization for whom you are performing operations is also an additional in- sured, when you and such person or organiza- tion have agreed in writing in a contract or agree- ment that such person or organization be included as an additional insured on your policy. Such person or organization is an additional in- sured only with respect to liability for "bodily in- jury", "property damage", "personal and advertis- ing injury" caused in whole or part, by: a. Your acts oromissions; or b. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations or "your work" included within the "products - completed operations" hazard for the additional insured at the location designated and described in the written contract or agreement. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the fail- ure to render, any professional architectural, en- gineering or surveying services, including: a. The preparing , approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. Any state or political subdivision, subject to the following additional provisions: a. This insurance applies only with respect to the following hazards for which a state or politi- cal subdivision has issued a permit in con- nection with premises you own, rent, or con- trol and to which this insurance applies: (1) The existence, maintenance, repair construction, erection or removal of ad- vertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposure; (2) The construction, erection or removal of elevators; or (3) The ownership, maintenance or use of any elevators covered by this insurance. b.This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to: (1) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipal- ity; (2) "Bodily injury" or "property damage" included within the products -completed operations haz- ard; or 3. Any person(s) or organization(s) with a con - Voting interest in you but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own maintain or control while lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. 4. Any manager or lessor of premises to whom you are obligated by virtue of a written "Insured Con- tract" to provide insurance such as afforded by this policy, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of the premises leased to you. This in- surance does not apply to: BPM 3100 1207 Includes copyrighted material of ISO, Inc. with permission Page 1 of 3 ❑ INSURED COPY a. Any "occurrence" which takes place after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demolition operations performed by or for such additional insured. 5. Any person or organization as mortgagee, as- signee or receiver but only with respect to their, liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you. This insurance does not apply: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demoli- tion operations performed by or for such additional insured. 6. Any person or organization arising out of the ownership, maintenance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 7. A co-owner of a premises and covered under this insurance but only with respect to liability as co- owner of such premises. 8. Any person(s) or organization(s) who is the lessor of leased equipment to you, and required by the lease to be included as an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your mainte- nance, operation or use by you of equipment leased to you by such person(s) or organiza- tion(s). With respect to the insurance afforded these addi- tional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Any person(s) or organization(s) (referred to below as vendor) is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reason of the assumption of liabil- ity in a contract or agreement. This exclu- sion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, dem- onstration, testing or the substitution of parts under instructions from the manufac- turer, and then repackaged in the original container; Any failure to make such inspections, adjustments, tests or servicing as the ven- dor has agreed to make or normally under- takes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub - Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. (3) (5) (7) B. The following is added to Paragraph H. Other Insurance of BPM P 3 —Section III - Common Policy Conditions: Page 2 of 3 Includes copyrighted material of ISO, Inc. with permission BPM 3100 1207 0 INSURED COPY fib\ Primary Additional Insured — If a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in paragraph C. Who Is An Insured of BPM P 2 — Section II — Liability, this Other Insurance provision is applicable. This insurance is primary. This insurance is also non- contributory which means we will not seek contri- bution from other insurance available to the per- son or organization with whom you agree to in- clude in Who Is An Insured. BPM 3100 1207 Includes copyrighted material of ISO, Inc. with permission Page 3 of 3 ❑ INSURED COPY �...40 VETTVIN-01 DLISKOW A� Rte~ CERTIFICATE OF LIABILITY INSURANCE I DA 6/16/2016 TE Y) 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 License # BR -945027 Lawley -Tradition, LLC 3988 Vineyard Drive Dunkirk, NY 14048 INSURED Mark & Barbara Lancaster DBA Keeping Traditions Pierogi 8005 Prospect Station Road Westfield, NY 14787 COVERAGES 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. ICONTACT NAME: I PHONE 1 (716) 672-2193 (A/C, No. Ext): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A:MSAA Insurance INSURER B : I INSURER C : 1 INSURER D : I INSURER E : INSURER F : FAX No): 1 (716) 672-3497 CERTIFICATE NUMBER: REVISION NUMBER: 1 NAIC # INSR LTR TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS UMBRELLA LIAB X SCHEDULED AUTOS NON -OWNED AUTOS EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE Y/N ADDL SUBR POLICY EFF POLICY EXP INSR SAND POLICY NUMBER IMM/DDIYYM (MM/DD/YYYY1 X BPU3118Q N/A BPU3118Q 10/30/2015 10130/2016 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (E 10/30/2015 10/30/2016 I BODILY INJURY (Per person) BODILY INJURY (Per accident) IPPerROPERdent)TY DAMAGE (acci EACH OCCURRENCE IAGGREGATE IPER STATUTE IOTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Buffalo is additional insured as respects insureds lease of their premises (Non -Contractors Blanket Additional Insured Endorsement BPM 3100 1207). CERTIFICATE HOLDER City of Buffalo 920 City Hall Buffalo, NY 14202 1 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. AUTHORIZED REPRESENTATIVE [OA yd 4 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of June 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Pearl Omphalius, dba We R Nuts, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Term Floor Space Number 95 a & b in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. As of June 1, 2016 ("Commencement Date") continuing on a month to month basis thereafter. Size of Premises Deemed to be 200 rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all B ase Rent and Additional Rent. Permitted Use Production and sale of roasted nuts, nut butter and dried fruits and vegetables. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $158.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning'of end of the Term, Tenant shall pay `1130th of each" monthly 'installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $11.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of .this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or -negligence of Tenant or its- invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant' s business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. 4 The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. • (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. 5 Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior 7 notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be otherthan on account of the 8 earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ na (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of 9 Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: By: Pearl Omphalius (Printed Name) Address: 4589 Parker Road Hamburg, New York 14075 Phone: (716) 359-2711 GUARANTEE (If Required) LANDLORD: CITY OF BUFFALO By Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market Hours unless other arrangements have been made with Market Management. 1 a. We R Nuts hours of operation are: Production: Monday and Friday and additional days as needed, 8:00 am — 5:00 pm Retail: Saturday and days open for production 8:00 am — 5:00 pm 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise dr other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, 11 burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers 12 only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations or assaults in the market or on market grounds this includes threats to vendors, employees, customers or other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau ofNeights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. 13 XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 BROADWAY MARKET FLOOR PLAN EXHIBIT B BROADWAY MARKET RENT BREAKDOWN WeRNuts Base Rent Retail Base Rent Production BASE RENT Common Area Charge TOTAL LEASE Plus Monthly Electric Sq. Ft. 6/Sq. Ft. Monthly Yearly 2016 100 $13.00 $108.00 $ 1,300.00 100 $6.00 $50.00 $600.00 $158.00 $ 1,900.00 $11.00 $ 133.00 $169.00 $ 2,033.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. > OTHER: Production and retail sale of roasted nuts, nut butter and dried fruits & vegetables. B. The Tenant may also sell such additional products as listed below: C,r),(60 d L f nil/II.1/1���� `-0 � t5k ro 1v Av CERTIFICATE OF LIABILITY INSURANCE DATE (INSVDDIYYTY) 09/28120 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 Veracity Insurance Solutions, LLC. 260 South 2500 West, Suite 303 Pleasant Grove UT 84062 INSURED Pearl Omphallus, DBA WeRNuts 4589 Parker Road Hamburg NY 14075 1 CONTACT NAME: I PHONE t. (888)568-0548 t LAIC. No. E+d info©fliprogram.com INSURER(S) AFFORDING COVERAGE Great American Alliance insurance Co. FLIP Program Support E-MAIL ADDRESS: INSURER A : INSURER B : I INSURER C: I INSURER D : INSURERE: 1 INSURER F : AIC. Not: NAIL # 26832 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. FLTR TYPE OF INSURANCE AINSR BURR POLICY NUMBER (INM/UDIYY Y) IFF MMVDDJYYTY1 LIMITS GENERAL. LIABILITY A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE OCCUR IX GGEEN'LAGGRET'�GAE LIMIT APPLIES PER: POLICY f 13118i- Ii LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS n UMBRELLA LIAB II EXCESS UAB DED I, 1 RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory In NH) II yes, describe under DESCRIPTION OF OPFROMair.y, SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE YJN II NIA n. FE PL3843165-F012247 09/12/2015 09/12/2016 EACH OCCURRENCE $ UAMAGt I U HGVI tU PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE 1g (Per accident) $ EACHOCCUF AGGREGATE WC STATU- TORY LIMITS E.L. EACH ACCIDENT ER $ $ EL DISEASE - EA EMPLOYE $ E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space M required) Certificate holder had been added as additional insured regarding the above mentioned policy per attached Additional Insured - Designated Person or Organization (CG20 26, ED. 04 13) CERTIFICATE HOLDER City of Buffalo 920 City Hall Buffalo NY CANCELLATION 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 14204 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Lease Agreement between the City of Buffalo and Broadway Market Vendors for the Purpose of Doing Business in the Broadway Market (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 27, 2016, be received and filed; That the Common Council hereby authorizes the Mayor, or a designated member of his staff or the Mayor's Office of Strategic Planning, Division of Real Estate, to execute and deliver leases and any other related documents for the following vendors: • Broadway Optician — two year lease • Daily News & Numbers — month to month lease • Deb's Delights — two year lease • East/West Cafe — two year lease • Famous Horseradish — two year lease • Jackson Hewitt Tax Services — three year lease • Keeping Traditions Perogi — month to month lease • WeRNuts — three year lease That the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions to work together in the spirit of cooperation and open communication, consistent with law, with the primary goal of meeting the needs of the City of Buffalo and the Broadway Market's small business in the City of Buffalo. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\J5MLCIH5\Lease Agreement -COB and Broadway Market.docx * AYE* NO * FEROLETO * * * * * * FONTANA * * * FRANCZNIC ,-_____* * * GOLOMBEK. * * * * H* * PRIDGEN * * * RIVERA. * * * * * * -* ;.. WINGO * * it - * * 4 • WYATT * * * - - * * * COMMUNICATION TO THE COMMON COUNCIL To: Common Council From: Executive Date: June 30, 2016 Re: 2016 BURA Sub -recipient Agreements Prior Council Reference: Attached for your Honorable Body's consideration are the proposed new agreements for the Buffalo Urban Renewal Agency (BURA). BURA Subrecipient Agreements outline its role in the administration and execution of activities as it relates to federal funding under four entitlement programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With AIDS (HOPWA). BURA aids the City in addressing critical needs in housing, neighborhood revitalization, economic development, and public services for low- and moderate -income households and communities. Four subrecipient agreements between the City of Buffalo and BURA, for program administration and management of certain portion of CDBG, HOME, ESG, and HOPWA during the 2016 program year are submitted to this Honorable Body, with an option to renew for an additional year. BURA's role as sub -recipient allows the city to ensure compliance with these highly regulated programs, which includes spending resources in conformance with an approved five-year Consolidated Plan. BURA's Division of Community Planning works with the Mayor's Office of Strategic Planning to develop strategies for HUD and other funding sources. BURA staff assists developing the required plans that direct HUD investments; provides management for housing, demolition, community facility, infrastructure, and crime prevention programs; and assists the Division of Community Services with processing the high volume of public service contracts and invoices. The most recent Consolidated Annual Performance and Evaluation Report (CAPER) covers the period between May 1, 2014 and September 30, 2015, and includes the following accomplishments that BURA played a significant role in achieving: • 263 residential structures, with a total of 351 units, received emergency repairs and/or energy efficient improvements • 28 properties were weatherized. • 255 properties were demolished (in conjunction with city general funds, capital funds, and state grants) • 6 community centers received improvements • 9 parks and playgrounds were upgraded • 39 streets received resurfacing and • 19 sidewalks were replaced 3 • {29,85W persons participated in youth and senior programs • 5,681 persons received legal counseling and fair housing services • 640 individuals and families received assistance to avoid foreclosure • 4,832 individuals and families were provided with emergency shelter or transitional housing • 147 individuals and families were moved out of shelters into apartments • 154 individuals and families living with HIV/AIDS were given housing and supportive services I respectively request that your Honorable Body: (1) Approve the agreements for 2016 program year funds for the BURA CDBG, HOME, ESG, and HOPWA programs; and (2) Direct the Corporation Counsel and other appropriate city personnel to negotiate finalization of said agreements and other necessary documentation and agreements necessary for execution and implementation. SIGNATURE DEPARTMENT HEAD: Brendan R. Mehaffy, Esq. TITLE: Executive Director, Mayor's Office of Strategic Planning REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. 2 AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY ADMINISTRATION AND IMPLEMENTATION OF THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM June 30, 2016 HOME Investment Partnerships Program HOME Subrecipient Agreement Year 42 June 2016 Page 1 Table of Contents I. SCOPE OF SERVICES A. Use of the HOME Funds B. Schedule — C. Budget — D. Period of the Agreement — II. PROGRAM INCOME III. UNIFORM ADMINISTRATIVE REQUIREMENTS IV. OTHER PROGRAM REQUIREMENTS V. AFFIRMATIVE MARKETING VI. REQUESTS FOR DISBURSEMENT OF FUNDS VII. REVERSION OF ASSETS VIII. RECORDS AND REPORTS IX. ENFORCEMENT OF THE AGREEMENT X. RESERVED — [ SUBCONTRACTING ] XI. GENERAL ADMINISTRATION A. Levels of Accomplishment — Goals and Performance Measures - B. Staffing C. Performance Monitoring XII. RECAPTURE AND REALLOCATION OF SUBRECIPIENT'S ALLOCATION OF FUNDS XIII. PAYMENT XIV. NOTICES XV. SPECIAL CONDITIONS XVI. GENERAL CONDITIONS A. General Compliance B. "Independent Contractor" C. Indemnification D. Workers' Compensation and Disability Benefits Insurance E. General Liability Insurance F. Insurance & Bonding G. Grantee Recognition H. Amendments XVII ADMINISTRATIVE REQUIREMENTS A. Financial Management B. Documentation and Record Keeping C. Reporting and Payment Procedures D. Procurement E. Use and Reversion of Assets XVIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT HOME Subrecipient Agreement Year 42_June 2016 Page 2 XIX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights B. Affirmative Action C. Employment Restrictions D. Conduct XX. ENVIRONMENTAL CONDITIONS A. Air and Water B. Flood Disaster Protection C. Lead -Based Paint D. Historic Preservation XXI. SEVERABILITY XXII. SECTION HEADINGS AND SUBHEADINGS XXIII. WAIVER XXIV. LIVING WAGE REQUIREMENTS XXV. DEBARMENT AND SUSPENSION XXVI. COMPLIANCE WITH ALL LAWS XXVII. LAW AND FORUM XXVII. PROHIBITION AGAINST ASSIGNMENT XXIX. ENTIRE AGREEMENT Exhibit Al — Scope of Services — Program Delivery ■ Activity # 1 — Owner Occupied Housing Rehabilitation Programs (including Contract Management) ■ Activity # 2 — Multi -family Rental Housing Development — Rehabilitation and New Construction ■ Activity # 3 — Housing Acquisition/Rehab/Resale Program (including Contract Management) ■ Activity # 4 — New Construction Homebuyer Program ■ Activity # 5 — Community Housing Development Organization (CHDO) Operations Exhibit A2 - General Administration — ■ Activity # 1 — Certification and Recertification of Community Housing Development Organizations (CHDOs) ■ Activity # 2 — Coordination of the Environmental Review Process in cooperation with the Office of Strategic Planning ■ Activity # 3 — Coordination of Site and Neighborhood Standards Reviews in cooperation with the Office of Strategic Planning (new construction of multi -family rental housing only) ■ Activity # 4 — HOME Program Compliance Monitoring — Rental and Homebuyer Housing ■ Activity # 5 — Coordination of URA Acquisition and Relocation actions as applicable. ■ Activity # 6 — Management of the HOME loan portfolio and the return of Program Income to the Grantee ■ Activity # 7 — Management of the HOME program timeliness deadlines, including the two-year commitment and five or four year expenditure deadlines, as applicable. ■ Activity # 8 — HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews ■ Activity # 9 - Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) HOME Subrecipient Agreement Year 42_June 2016 Page 3 Exhibit A3 - General Program Requirements • Compliance with New HOME Regulations • Use of CPD Monitoring Guides - Handbook 6509.2 (Chapter 7) and Monitoring HOME Program Performance (HUD 2030 -CPD, October 2000) • Periods of Affordability • Income Targeting • Income Determinations Exhibit B - Scope of Services - Budget and Staffing Exhibit C - Other Program Requirements Exhibit D - Affirmative Marketing Policies and Procedures Exhibit E - Records to be Maintained Exhibit F - Request for Disbursement of Funds Procedure Attachment A -PR27 - IDIS Attachment B -Consolidated Plan and Annual Action Plan Goals and Performance Measures Attachment C -The Request for Proposal Process - HOME Program Funds Attachment D -HOME Project Underwriting - Minimum File Requirements - HOME Program Attachment E -2012 GUIDE FOR LANDLORDS Attachment F - Open Encumbered Activities HOME Subrecipient Agreement Year 42_June 2016 Page 4 AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY FOR ADMINISTRATION OF THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM THIS AGREEMENT, entered this day of . 2016 by and between the CITY OF BUFFALO, a municipal corporation having its principal office located at 65 Niagara Square, Buffalo, New York 14202 (herein called the "Grantee") and the City of Buffalo Urban Renewal Agency ("BURA") with offices at 65 Niagara Square, Room 920, Buffalo, New York 14202 (herein called the "Subrecipient"). WHEREAS, the United States Government, in accordance with the HOME Investment Partnerships Program (the "Program"), authorized by Title II of the Cranston -Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12701-12839) (hereinafter referred to as the "Act") recognized the need to supplement private and public spending for housing in the nation's metropolitan centers and to expand the supply of decent and affordable housing, particularly rental housing, for low and very low income Americans and; WHEREAS, the Grantee is the recipient of HOME Investment Partnerships Program Funds from the U.S. Department of Housing and Urban Development (HUD) under Catalogue of Federal Domestic Assistance No. 14.239, and the Grantee receives these funds under the Act and Regulations promulgated pursuant thereto (hereinafter referred to as the "Regulations"), in the form of a grant to support various community level programs and strengthen its ability to design and implement strategies for achieving an adequate supplies of decent, affordable housing; and WHEREAS, HUD has directed the Grantee to enter into a Subrecipient Agreement with BURA prior to any disbursement of HOME funds to BURA on behalf of the City of Buffalo; WHEREAS, BURA is designated by the Grantee as the Subrecipient of HOME funds and as the administrator of the HOME Program on behalf of the City of Buffalo; and WHEREAS the designation of BURA as the administrator of the HOME Program was approved by the Common Council at its meeting on . and WHEREAS the BURA Board has accepted this designation at its meeting on and has agreed to ensure the implementation of programs and management of projects eligible under the Act, and to administer said grant in accordance with the Regulations; NOW, THEREFORE, the Grantee and the Subrecipient do mutually agree, in consideration of the covenants, terms and conditions contained herein as follows: Definitions • BURA - is hereby defined as the City of Buffalo Urban Renewal Agency, a designated Subrecipient and administrator of the HOME Program on behalf of the City of Buffalo. The term "Approval by the City" or "Approval by BURA" or like term used in this Agreement shall in no way relieve the Subrecipient from any duties or responsibilities under the terms of this Agreement, or obligation State or local law or regulation. • DIRECTOR - is hereby defined as the Executive Director of the City of Buffalo Office of Strategic Planning. • HUD — is hereby defined and the U.S. Department of Housing and Urban Development • WORK - is hereby defined as all the administrative, professional, technical and program management services to be rendered or provided by the Subrecipient as described herein. HOME Subrecipient Agreement Year 42_June 2016 Page 5 0 • HOME - is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92 and amendments, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. • PROGRAM INCOME — is defined as gross income received by the Subrecipient directly generated from the use of HOME funds or matching contributions. When program income is generated by housing that is only partially assisted with HOME funds or matching funds, the income shall be pro- rated to reflect the percentage of HOME funds used. Program income includes proceeds from the disposition by sale of real property constructed with HOME funds or matching contributions. I. SCOPE OF SERVICES A. Use of the HOME Funds HOME funds provided under this contract will support staffing for the delivery of housing programs, administrative services, and program funding. The Subrecipient will be responsible for nroaram delivery and administration of HOME Program activities provided in the City of Buffalo Annual Action Plans covering the period of Mav 1.2008 throuah September 30. 2017. or through September 30, 2018 if a one year extension is mutually aareed to by the parties consistent with the terms and conditions herein. (City HOME Programs) in a manner satisfactory to the Grantee and consistent with any federal regulations and standards required as a condition of providing these funds. Funds will be used as specified within the Annual Action Plans for each year covered under this contract. The Annual Action Plans identify the funding amounts and uses for specific programs and activities (affordable rental or homeowner housing development, owner occupied housing rehab, CHDO projects and operating reserves, administration), the number of housing loans to be provided or minimum rental or homeownership units to be created, a budget for each program and the anticipated completion dates. The Subrecipient will follow the guidelines provided within the Office of Strategic Planning Housing Programs, Policies and Procedures Guidebook in the delivery and administration of HOME programs and projects funded under this Agreement. In the event that there is any inconsistency between the Guidebook and the HOME regulations, the regulations will be followed. The City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including for-profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will comply with the requirements of 24 CFR 92.504 as appropriate. The Subrecipient will be responsible for the disbursement of funds for eligible HOME activities, including all Open HOME activities noted in Attachment F, and all new activities funded under the Annual Action Plan projects cited in this Agreement. BURA will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee, Involved in the scope of services allowable under this agreement is the ability for BURA to act as a developer of HOME projects subject to execution of a developer agreement between the City of Buffalo and BURA. Responsibility for disbursement of funds will include the payment of pre development related soft costs within twenty four (24) months of the specific HOME agreement for a project (pursuant to 24 CFR Section §92.206 (Eligible project cost)). The scope of work performed by BURA under the agreement includes the setup of sub - funds, sub -grants and related funding activities through the Integrated Disbursement and Information System ("IDIS") subject to procedures and protocols established by the Grantee. HOME Subrecipient Agreement Year 42_June 2016 Page 6 The City HOME Programs include the following activities eligible and tasks as allowed or required under the Regulations: Program Delivery - Programs and Related Tasks are fully described in Exhibit Al. • Activity # 1 — Owner Occupied Housing Rehabilitation Programs (including Contract Management) • Activity # 2 — Multi -family Rental Housing Development — Rehabilitation and New Construction • Activity # 3 — Housing Acquisition/Rehab/Resale Program (including Contract Management) • Activity # 4 — New Construction Homebuyer Program • Activity # 5 — Community Housing Development Organization (CHDO) Operations General Administration - General Administration Tasks are fully described in Exhibit A2 • Activity # 1 — Certification and Recertification of Community Housing Development Organizations (CHDOs) • Activity # 2 — Coordination of the Environmental Review Process in cooperation with the Office of Strategic Planning • Activity # 3 — Coordination of Site and Neighborhood Standards Reviews in cooperation with the Office of Strategic Planning (new construction of multi -family rental housing only) • Activity # 4 — HOME Program Compliance Monitoring — Rental and Homebuyer Housing • Activity # 5 — Coordination of URA Acquisition and Relocation actions as applicable. • Activity # 6 — Management of the HOME loan portfolio and the return of Program Income to the Grantee • Activity # 7 — Management of the HOME program timeliness deadlines, including the two-year commitment and five or four year expenditure deadlines, as applicable. • Activity # 8 — HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews • Activity # 9 - Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) B. Schedule — the Subrecipient will provide for delivery and administration of these programs for the as of the date of execution of this Agreement through September 30, 2017 C. Budget — See Exhibit B for Budget and Staffing Details — Total funds available to be disbursed by BURA for HOME Program Activities, not including future program income is $14,716, 901.60 as per the IDIS PR27 Report dated June 16, 2016 (Attached as Attachment A) Detailed budgets are presented in the Annual Action Plans for each year. Disbursements Fiscal Year Total Authorization Disbursed Grant Balance Fiscal Total Year Authorization Grant Balance 2010 5,073,088.00 631,934.36 2011 4,476,638.00 2,231,894.46 2012 2,772,819.00 2,445,537.10 HOME Subrecipient Agreement Year 42_June 2016 Page 7 2013 2,627,890.00 2,365,101.00 2014 2,711,001.00 2,461,319.52 2015 2,398,152.00 2,166,487.16 Balance to be Disbursed - Prior Agreement 20,059,588.00 12,302,316.60 Program Years 2016 2,414,585.00 2,414,585.00 estimated award Award for 2016 TOTAL 22,474,173.00 14,716,901.60 - TOTAL PROJECTED AUTHORIZATIONS THROUGH 2016-2017 PROGRAM YEAR The total allocation awarded to BURA for administration, operations and housing programs for all open years ending with the 2016 allocation is $14.716.901.60 includina funds of $241.458.50 identified for administrative and operating expenses not including Program Income. All unexpended funds previously identified in prior subrecipient agreements between the Grantee and Subrecipient are carried over to this Agreement. Complete information regarding the Use of HOME funds awarded through these allocations is provided in Exhibit B, the Annual Action Plans, including amendments and the Consolidated Annual Performance and Evaluation Reports (CAPERs). Information provided includes the amounts and uses for specific programs and activities, the number of housing projects funded or loans made or projected, and any requirements for matching contributions, the tasks to be performed, a schedule for completion and a budget for each program. Contract services may include legal services, Technical Assistance and Financial Accounting Services. Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. Requests for modification across budget class items or to add budget cost categories should be submitted in writing to the Executive Director of Strategic Planning (Director). Such modifications shall result in no change in the total amount or the terms of this contract. The last budget modification must be submitted on or before fifteen (15) days prior to the end of the contract term unless otherwise directed by the Director. The Director will decide in his/her sole discretion whether such modification will be allowed based on regulatory and budgetary requirements. ❖ BURA may propose revisions to the budget and the transfer of funds between annual action plan line items (for example, from owner -occupied housing into major rental projects) to ensure compliance with HOME commitment deadlines and OSP priorities. Such budget revisions will be effective upon approval of the Executive Director of OSP and the Commissioner of Admin and Finance. OSP will file an amendment to the Annual Action Plan to reflect all transfers that meet the criteria for a Substantial Amendment as defined by the Citizens Participation Pian. Rolling over funds from unencumbered project balances from one year to subsequent years for similar activities within the same target area does not constitute a substantial change. ❖ In the event funds are not yet available from the United States Department of Housing and Urban Development (HUD) for the City to reimburse BURA for salaries and benefits incurred under the Agreement, the City shall pay those expenses from prior year funding sources identified as for BURA payroll subject to receipt by the City of all necessary documentation it deems necessary to pay those expenses. HOME Subrecipient Agreement Year 42_June 2016 Page 8 [ Matrix Code 21 H - HOME Administration/Planning Cost of PJs (subject to 10% Administration Cap) Costs allowed under this agreement include reasonable costs of overall program administration, management, coordination, monitoring, and evaluation as defined by 24 CFR 92.207. Such costs include, but are not limited to, necessary expenditures for the following: 1. Staff and overhead costs incurred in the administration of the HOME Program 2. Travel costs incurred for official business in carrying out the program; 3. Administrative services performed under third party contracts or agreements, including such services as general legal, architectural, engineering, accounting, environmental, real estate brokerage, and audit services; 4. Other costs for goods and services required for administration of the program, including such goods and services as rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space; 5. Staff and overhead costs directly related to carrying out the project, such as work specifications preparation, loan processing, inspections, and other services related to assisting potential owners, tenants, and homebuyers; 6. Staff and overhead costs directly related to providing advisory and other relocation services to persons displaced by the project, including timely written notices to occupants, referrals to comparable and suitable replacement property, property inspections, counseling, and other assistance necessary to minimize hardship. These costs may be charged as administrative costs or as project costs under § 92.206 (d) (6) and (f) (2), at the discretion of the Grantee. 7. Public information. The provision of information and other resources to residents and citizen organizations participating in the planning, implementation, or assessment of projects being assisted with HOME funds. 8. Fair housing. Activities to affirmatively further fair housing in accordance with the participating jurisdiction's certification under 24 CFR Part 91. 9. Indirect Costs. Indirect costs may be charged to the HOME program under a cost allocation plan prepared in accordance with OMB Circulars A-87 or A-122 as applicable. 10. Preparation of the consolidated plan required under 24 CFR part 91. Preparation includes the costs of public hearings, consultations, and publication. 11. Other Federal requirements. Costs of complying with the Federal requirements in subpart H of this part. Project -specific environmental review costs may be charged as administrative costs or as project costs in accordance with § 92.206(d) (8), at the discretion of the participating jurisdiction. D. Period of the Agreement — Services of the Subrecioient shall commence on October 1 2016 and end on the 30th day of September, 2017 unless otherwise extended by mutual aareement of the parties and pursuant to the terms and conditions of this aareement.. In addition, the Agreement shall remain in effect during any period that the Subrecipient has control of HOME assets, defined as program income, receivables and real or personal property funded through the HOME Program. The Grantee and Subrecipient may mutually agree to extend the term of this agreement and the provisions herein to cover any additional time period during which the Subrecipient is responsible for reporting or compliance measures or remains in control of HOME funds or other assets, including program income. In addition, the parties may agree to extend the term of this agreement for an additional one (1) year term to include the 2017-2018 Program Year. Any extension under this section is subject to any and all approvals required by the City of Buffalo. The expenditure of HOME funds is subject to Federal deadlines and could result in the loss of the HOME Subrecipient Agreement Year 42_June 2016 Page 9 Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the Subrecipient that activities will be completed as expeditiously as possible and that the Subrecipient will make every effort to ensure that activities will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds. This agreement may be extended annually for additional one year terms upon the mutual agreement of the parties. II. PROGRAM INCOME The Subrecipient is not permitted to retain HOME program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with HOME Regulations. Any existing HOME Program Income of BURA shall be remitted to the Grantee upon execution of this agreement. The Subrecipient shall return all future program income generated by HOME Program activities undertaken at any time since the inception of the HOME program but prior to the execution of this agreement to the Grantee on a monthly basis for redistribution by the Grantee. The Subrecipient agrees that any HOME program income on hand when the agreement expires or received after such expiration shall be returned to the Grantee as required by the HOME Regulations. Program income includes, but is not limited to: • Proceeds from the sale or long-term lease of real property acquired, rehabilitated or constructed with HOME funds or matching contributions; • Income from the use or rental of real property owned by a PJ, state recipient or subrecipient that was acquired, rehabilitated or constructed with HOME funds or matching contributions, minus the costs incidental to generating that income; • Payments of principal and interest on loans made with HOME or matching funds, and • proceeds from the sale of loans or obligations secured by loans made with HOME or matching contributions; Interest on program income; 1. Program Income (PI) returned to the Grantee will be reallocated to BURA for payment of eligible expenses as allowed under 24 CFR 92. The Grantee may allocate 10% of program income for Administrative Expenses and will establish a subfund for Program Income Admin as provided by HUD Guidance released in December, 2012. BURA shall identify the Program Income to the Grantee with sufficient detail to enable the Grantee to properly receive, record and disburse funds pursuant to the regulations. Program Income shall be returned to the Grantee within 45 days of the end of the month during which such income was collected. Recaptured Funds NOTE - Any amount recaptured as a result of a homebuyer property being sold within the affordability period must be used for HOME projects in accordance with all HOME rules. Recaptured funds are a return of original HOME investment and are technically not program income. Therefore, unlike program income, 10 percent of recaptured funds cannot be used for planning and administrative costs. III. UNIFORM ADMINISTRATIVE REQUIREMENTS The Subrecipient shall administer its program in conformance the applicable uniform administrative requirements at 24 CFR 92.505, specifically, with OMB Circulars A-87, "Cost Principles for State, Local and Indian Tribal Governments". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. In addition, the Subrecipient shall also comply with the following provisions of 24 CFR Part 85 that are applicable to Governmental Entities acting as Subrecipients under the HOME Program - ■ 85.6 Additions and exceptions • 85.12 Special grant or subgrant conditions for "high risk" grantees HOME Subrecipient Agreement Year 42_June 2016 Page 10 1"� \' • 85.20 Standards for financial management systems 85.22 Allowable costs ■ 85.26 Non-federal audit ■ 85.32 Equipment ■ 85.33 Supplies • 85.34 Copyrights • 85.36 Procurement ■ 85.44 Termination for convenience ■ 85.51 Later disallowances and adjustments • 85.52 Collection of amounts due IV. OTHER PROGRAM REQUIREMENTS The Subrecipient will ensure that all activities and programs identified in the Scope of Services are carried out in compliance with all Federal laws and regulations as required under 24 CFR 92 Subpart H. (Other Federal Requirements) as follows - 24 CFR 92.350 -Other Federal Requirements a. The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to participants in the HOME program. The requirements of this subpart include: nondiscrimination and equal opportunity; disclosure requirements; debarred, suspended or ineligible contractors; and drug-free workplace. b. The nondiscrimination requirements at section 282 of the Act are applicable. These requirements are waived in connection with the use of HOME funds on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 Stat.108). 24 CFR 92.351 -Affirmative Marketing; Minority Outreach Program 24 CFR 92.352 Environmental Reviews — the Subrecipient will ensure that the Grantee has completed the Environmental Review Process as required under 24 CFR Part 58 and that no funds are committed to a HOME activity or project before completion of the environmental review and approval of the request for release of funds. 24 CFR 92.353 - Displacement, Relocation, and Acquisition 24 CFR 92.354 - Labor 24 CFR 92.355 - Lead-based paint 24 CFR 92.356 - Conflict of Interest 24 CFR 92.358 - Consultant Activities Additional information regarding these requirements is Attached as Exhibit C V. AFFIRMATIVE MARKETING The Subrecipient will ensure that affirmative marketing activities proposed or undertaken for all rental and homebuyer activities and programs that will contain 5 or more HOME -assisted housing units are consistent with the City of Buffalo Affirmative Marketing Plan (see Exhibit D for additional information). VI. REQUESTS FOR DISBURSEMENT OF FUNDS As provided in Exhibit G (attached hereto), the City of Buffalo will release funds to BURA as Subrecipient for disbursement to eligible third parties. This disbursement process applies to all activities cited In the Scope of Services, including Activity # 8 relating to IDIS and disbursements HOME Subrecipient Agreement Year 42 June 2016 Page 11 thereunder. BURA may not request that funds be disbursed by the Grantee under this agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Program income must be disbursed before new HOME funds are drawn. The City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including for-profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92, and for eligible administrative and operating expenses. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will ensure compliance with the requirements of 24 CFR 92.504. I. Administrative and Program Funds - a. Administrative Costs and Expenses It is expressly agreed and understood that the total amount to be paid by the Grantee for administrative costs and expenses of the subrecipient under this agreement shall not exceed $1,200,000.00 Drawdowns for the payment of eligible administrative costs and expenses shall be made against the line item budgets specified in Section I herein and in accordance with performance. The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a monthly basis. The Subrecipient shall submit duly executed vouchers upon forms which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shall be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. b. Payroll Notwithstanding the above paragraphs covering payment of general expenses, payment of Subrecipient salaries and wages shall be made on a bi-weekly basis in accordance with Section 18.2 of the Collective Bargaining Agreement between the Subrecipient and Local 815. In the event that the regularly scheduled day of payment is a holiday, payment shall be made upon the day preceding. c. Program and Project Funds — The Subrecipient will be responsible for the disbursement of funds for specific HOME activities as provided in this Agreement and will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee. HOME funds for eligible expenses for program and project activities will be provided directly to owners, developers, sponsors, CHDOs, and for-profit and not-for-profit entities by the Subrecipient unless otherwise indicated in this Agreement. Program funds available for HOME activities and projects shall not exceed $14,716,901.60 not including Program Income and as adjusted to correct the 2016 HOME award currently estimated to be $2,414,585.00 Project expenses shall be paid by the Grantee based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted to the Grantee through the Office of Strategic Planning on forms specified by the Grantee with adequate and proper documentation of eligible costs incurred in compliance with 92.206 and necessary for HUD IDIS disbursement requirements. All such expenses shall be in conformance to an approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. Disbursement of Funds a) HOME funds are issued only as advances for, or reimbursement of, eligible project expenses incurred according to an approved project budget. HOME funds disbursed for verified allowable construction or construction -related expenses for any unit shall not exceed the maximum HOME subsidies per unit allowed under 24 CFR 92, or the actual total rehab or development cost of the HOME -assisted units, whichever is lesser. Draw requests must documented by submission of an AIA form or Progress Payment request. HOME Subrecipient Agreement Year 42 June 2016 Page 12 If any funds are due based on this Agreement, the Grantee agrees to issue such funds within a reasonable time after inspection and approval by BURA. A final invoice shall be submitted upon completion. Final payment shall be made after BURA has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, b) The City of Buffalo and/or BURA shall have the right to review and audit all records pertaining to any payment by the Grantee. Said records shall be maintained for a period of five years after completion and final payment. VII. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient must transfer to the Grantee any HOME funds on hand at the time of expiration, and any accounts receivable attributable to the use of HOME funds. The use and disposition of real property and equipment under this agreement shall be in compliance with the requirements of 24 CFR Part 85 and 24 CFR 92 as applicable, In all cases in which equipment acquired, in whole or in part, with funds under this agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this agreement shall be (a) transferred to the Grantee for the HOME program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non -HOME funds used to acquire the equipment]. VIII. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 92.508 that are pertinent to the activities to be funded under this agreement. Such records shall include but not be limited to records identified in Exhibit E as the responsibility of the Subrecipient. Progress Reports and Other Reports Subrecipient hereby agrees to provide in a timely manner all necessary progress reports and other reports required by Grantee on forms to be provided by Grantee. This will include the submission of monthly or quarterly reports to track the progress of its activities and programs identified in Exhibit A and the status program or project funds. IX. ENFORCEMENT OF THE AGREEMENT If the Subrecipient materially fails to fully perform and carry out any of the terms, covenants, and conditions of this agreement, and more particularly if the Subrecipient refuses or fails to administer the HOME program with such diligence as will ensure compliance with the HOME regulations the Subrecipient shall be in default and notice in writing shall be given to the Subrecipient of such default by the Grantee. If the Subrecipient fails to cure such default within such time as may be required by such notice, the Grantee at its option terminate and cancel the contract. In the event of such termination all funds awarded to the Subrecipient pursuant to this agreement shall be immediately revoked and any related approvals shall immediately be deemed revoked and canceled. In such event, the Subrecipient will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the funds will no longer be available under this agreement. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. In accordance with 24 CFR 85.43 and 85.44, the Grantee may suspend or terminate this agreement if the Subrecipient materially fails to comply with any terms of this agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; HOME Subrecipient Agreement Year 42_,June 2016 Page 13 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this agreement; 3. Ineffective or improper use of funds provided under this agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this agreement may be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The Grantee will utilize guides provide in the CPD Monitoring Handbook 6509 Rev 6 Chg 1 (Chapter 7) and revisions, and Monitoring HOME Program Performance (HUD -2030 -CPD, October 2000) to ensure acceptable performance by the Subrecipient in the delivery of housing programs and administrative activities and certify compliance with HOME regulations. X. RESERVED — [ SUBCONTRACTING ] XI. GENERAL ADMINISTRATION D. Levels of Accomplishment — Goals and Performance Measures - The levels of accomplishment to be used in reporting are housing units created or rehabilitated and persons or households assisted, The Subrecipient shall also track funds leveraged from other non -HOME sources for multi -family housing development projects and homebuyer activities. The Subrecipient agrees to provide program services as detailed in the Program Delivery Activities described in Exhibits Al and A2 which contain specifics as to deliverables required of the Subrecipient. The HOME Program goals and performance measures are more fully described and listed in each of the City's Annual Action Plans and are summarized in the Attachment A. The Grantee shall require documentation and reporting from the Subrecipient to support the completion of these activities. The Subrecipient will report the accomplishments for the activities listed in Exhibit A in HUD's Integrated Disbursement Information System (IDIS). E. Staffing A list of primary staff assigned to the Housing Programs and activities specified in Section I (Scope of Services) is attached as Exhibit B. Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to the prior approval of the Director. F. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards for program and project activities as stated above as well as the General Administration tasks as provided herein.. Substandard performance as determined by the Grantee will constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time (not to exceed thirty days) after being notified by the Grantee, contract suspension or termination procedures will be initiated. The Grantee will monitor the performance of the Subrecipient based on goals and performance standards as stated above along with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the Grantee will constitute noncompliance with this agreement. HOME Subrecipient Agreement Year 42 June 2016 Page 14 l4\ The Subrecipient agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the Grantee, or the Grantee's internal auditor(s) access to all records related to performance of activities in this agreement. XII. RECAPTURE AND REALLOCATION OF SUBRECIPIENT'S ALLOCATION OF FUNDS If Subrecipient fails to ensure the expenditure of program or project funds with regard to the goals, or the completion of administrative tasks, according to the terms of this Agreement, the, Grantee at its sole discretion may recapture a portion or the entire Subrecipient's total funding allocation. The portion recaptured will be equal to Grantee's estimate of the amount of funds that would be needed to ensure completion of the work according to the projected schedule. XIII. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement shall not exceed $12,302,316.60 for all open program years including 2015, plus an additional $2,414,585.00 as the estimated award for 2016, for a total amount of $14,716,901.60 not including Program Income. This amount shall be adjusted upon confirmation of funding for 2015. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Section I herein and in accordance with performance. The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a monthly basis. The Subrecipient shall submit duly executed vouchers upon forms which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shall be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. XIV. NOTICES 1. Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: City of Buffalo 65 Niagara Square Buffalo, NY 14202 Attention: City of Buffalo Corporation Counsel And City of Buffalo Urban Renewal Agency 65 Niagara Square 920 City Hall Buffalo, New York 14202 Attention: BURA General Counsel 2. Notice to Subrecinient for Additional Information From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. HOME Subrecipient Agreement Year 42_June 2016 Page 15 3. Notice to Subrecinient of Change in Procedures for Reimbursement If any additional requirements not in effect at the time of execution of this Agreement are subsequently required by the City in order to process requests for reimbursements and/or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change, the requirements in effect at the time of the execution of this Agreement, or which were later amended through notice to the Subrecipient pursuant to this provision, shall be followed by the parties. XV. SPECIAL CONDITIONS This Section Intentionally Left Blank XVI. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 92 (the U.S. Housing and Urban Development regulations concerning the Home Investment Partnerships (HOME) Program including subpart H of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 352 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. The intergovernmental review process at 92.357 does not apply. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Indemnification The Subrecipient hereby agrees to defend, indemnify and save harmless the Grantee against any and all liability, loss, damage, suit, charge, attorney's fees and expenses of whatever kind or nature which the Grantee may directly or indirectly incur, or be required to pay by reason or in consequence of the intentionally wrongful or negligent act or omission of the Subrecipient, its agents, employees or contractors. If a claim or action is made or brought against the Grantee and for which the Subrecipient may be responsible hereunder in whole or in part, then the Subrecipient shall be notified and shall handle or participate in the handling of the defense of such matter. D. Workers' Compensation and Disability Benefits Insurance This agreement shall be void and of no effect unless the Subrecipient shall secure compensation for the benefit of, and keep insured during the life of this agreement, any and all employees as are required to be insured under the provisions of the Workers' Compensation Law of the State of New York or the state of the Subrecipient's residence, whichever may apply. The Subrecipient shall provide proof to the City, duly subscribed by an insurance carrier, that such Workers Compensation and Disability Benefits coverage have been secured. In the alternative, Subrecipient shall provide proof of self-insurance or shall establish that Worker Compensation and/or Disability Benefits coverage is not required by submitting the then current and required New York State Workers Compensation Board's form. HOME Subrecipient Agreement Year 42 June 2016 Page 16 E. General Liability Insurance The Subrecipient shall obtain at its own expense general liability insurance in the amount of at least One Million Dollars, for protection against claims of personal injury, including death, or damage to property, arising out of the administration of the City HOME Programs. Said insurance shall be issued by a reputable insurance company, authorized to do business in the State of New York. Said insurance shall also name the City of Buffalo as an insured. The Subrecipient shall provide the Grantee with a certificate of insurance from an authorized representative of a financially responsible insurance company evidencing that such an insurance policy is in force. Furthermore, the Subrecipient shall provide a listing of any and all exclusions under said policy. The insurance shall stipulate that, in the event of cancellation or modification the insurer shall provide the Grantee with at least thirty (30) days written notice of such cancellation or modification. F. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase fidelity insurance covering all employees. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance as applicable. If directed by the Grantee, the Subrecipient shall maintain a performance bond to secure fulfillment of all the Subrecipient's obligations under the Agreement, up to the amount of Subrecipient's administration budget contained in this Agreement. The Grantee may also require additional protections to insure performance. Reasonable written notice of the requirement of a performance bond or other assurances of performance shall be provided to the Subrecipient. G. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this agreement. H. Amendments The Grantee or Subrecipient may amend this agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this agreement. The Grantee may, in its discretion, amend this agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. XVII ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 92.505 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-87, "Cost Principles for State, Local and Indian Tribal Governments". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. HOME Subrecipient Agreement Year 42_June 2016 Page 17 B. Documentation and Record Keeping The Subrecipient shall document project and participant eligibility and shall maintain all records required by the Federal regulations specified in 24 CFR 92.508 that are pertinent to the activities to be funded under this agreement. Such records shall include but not be limited to records identified in Exhibit E as the responsibility of the Subrecipient. 1. Client Data - The Subrecipient shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate -income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. Annual income shall be determined as defined in 24 CFR Part 5 for Homeownership programs. For rental projects, BURA will determine which definition to use on a project by project basis as allowed under 92.203(c). 2. Project Requirements The Subrecipient will ensure compliance with 24 CFR Subpart F as applicable for the type of project assisted, and will maintain documentation regarding — a. the minimum and maximum per unit subsidy b. Project underwriting (as applicable) and subsidy layering c. property standards applicable to the project or activity d. term of the affordability period e. rental project requirements, including: i. fixed and floating units ii. occupancy by low income households iii. tenant selection and termination of tenancy iv. initial rents and utility allowances v. HOME rent limits and guidance on rent adjustments vi. prohibited lease terms vii. over -income tenants viii. conversion of rental units to homeownership, as applicable f. homeownership project requirements, including: i. eligible households ii. eligible properties, including types of properties, property values and purchase price iii. principal resident requirement iv. application of resale or recapture requirements 3. Retention All records pertaining to each fiscal year of HOME funds must be retained for the most recent five year period, except as provided below. a. For rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. b. For homeownership housing projects, records may be retained for five years after the project completion date, except for documents imposing recapture/resale restrictions which must be retained for five years after the affordability period terminates. HOME Subrecipient Agreement Year 42_June 2016 Page 18 (\\ c. For tenant -based rental assistance projects, records must be retained for five years after the period of rental assistance terminates. d. Written agreements must be retained for five years after the agreement terminates. e. Records covering displacements and acquisition must be retained for five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with § 92.353. f. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the laws of the State of New York and Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. The Subrecipient shall notify Grantee of receipt of any FOIL requests within three (3) business days of the receipt by Subrecipient of same. 5. Close-outs The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this agreement shall remain in effect during any period that the Subrecipient has control over HOME funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient is not permitted to retain HOME program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with HOME Regulations. Any existing HOME Program Income of BURA shall be remitted to the Grantee upon execution of this agreement. The Subrecipient shall return all future program income generated by HOME Program activities undertaken at any time since the inception of the HOME program but prior to the execution of this agreement to the Grantee on a monthly basis for redistribution by the Grantee. The Subrecipient agrees that any HOME program income on hand when the agreement expires or received after such expiration shall be returned to the Grantee as required by the HOME Regulations. HOME Subrecipient Agreement Year 42_June 2016 Page 19 Program Income (PI) returned to the Grantee will be reallocated to BURA for payment of eligible expenses as allowed under 24 CFR 92. The Grantee may allocate 10% of program income for Administrative Expenses and will establish a subfund for Program Income Admin as provided by HUD Guidance released in December, 2012. BURA shall identify the Program Income to the Grantee with sufficient detail to enable the Grantee to properly receive, record and disburse funds pursuant to the regulations.. Program Income shall be returned to the Grantee within 45 days of the end of the month during which such income was collected. Program income includes, but is not limited to: • Proceeds from the sale or long-term lease of real property acquired, rehabilitated or constructed with HOME funds or matching contributions; • Income from the use or rental of real property owned by a PJ, state recipient or subrecipient that was acquired, rehabilitated or constructed with HOME funds or matching contributions, minus the costs incidental to generating that income; • Payments of principal and interest on loans made with HOME or matching funds, and • proceeds from the sale of loans or obligations secured by loans made with HOME or matching contributions; Interest on program income; Recaptured Funds NOTE - Any amount recaptured as a result of a homebuyer property being sold within the affordability period must be used for HOME projects in accordance with all HOME rules. Recaptured funds are a return of original HOME investment and are technically not program income. Therefore, unlike program income, 10 percent of recaptured funds cannot be used for planning and administrative costs. 2. Indirect Costs Prior to charging any indirect costs under this agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures The Grantee will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Specifically, the Subrecipient shall submit the following reports: a. Monthly Progress Reports regarding the status of Open HOME projects, including evaluations of any projects that are nearing completion or have stalled or are behind schedule. b. Quarterly Reports detailing the results of HOME Multi -family housing monitoring. c. The subrecipient will update its HOME activities on HUD's Integrated Disbursement & Information System (IDIS) to complete the Annual Grantee Performance Report submitted for the City's Consolidated Annual Performance & Evaluation Report (CAPER). d. The subrecipient will review standard IDIS reports with the Grantee on a monthly basis, including the HOME Deadline Compliance, Status of HOME Grants (PR27), Status of HOME Subrecipient Agreement Year 42 June 2016 Page 20 HOME Activities (PR222) and others as appropriate. The above reports shall be submitted to the Executive Director of Strategic Planning. D. Procurement 1. Compliance - The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 85.36. 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose of program administration and costs must be reasonable. E. Use and Reversion of Assets The use and disposition of real property and equipment under this agreement shall be in compliance with the requirements of 24 CFR Part 85 and 24 CFR 92 as applicable, which include but are not limited to the following: 1. Upon expiration, cancellation or termination of the agreement, the Subrecipient must transfer to the Grantee any HOME funds on hand at the time of expiration, cancellation or termination and any accounts receivable attributable to the use of HOME funds. 2. In all cases in which equipment acquired, in whole or in part, with funds under this agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this agreement shall be (a) transferred to the Grantee for the HOME program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment Tess the percentage of non -HOME funds used to acquire the equipment].percentage of non -HOME funds used to acquire the equipment]. XVIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 92,353 governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 353 that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a HOME -assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. XIX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with Article 15 of the New York State Human Rights Law, and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community HOME Subrecipient Agreement Year 42,June 2016 Page 21 Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination Equal Employment Opportunity and Affirmative Action (EEO/AA) Statements During the performance of this Agreement, the Subrecipient agrees as follows: A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non-discrimination clause. B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City's contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise proved by law. F. In the event of the Subrecipient's non-compliance with the non-discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. G. The Subrecipient will include the provisions of Paragraphs A through F above in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the Office may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Office, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 3. Land Covenants HOME Subrecipient Agreement Year 42_June 2016 Page 22 This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the programs assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not it so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Minority or Women -Owned Businesses (MBE/W) It is the policy of the City that equal opportunity to participate in City or Subrecipient procurements is provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the City are placed with minority and woman owned business enterprises, the Subrecipient agrees to take affirmative action to the fullest extent consistent with sound procurement principles and applicable law(s) and identify qualified enterprises, business and/or firms; and to solicit bids and quotations from them, and in making awards and purchases, to give equitable consideration to these enterprises, businesses and/or firms.. Such action shall include, but is not limited to: a. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. b. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. c. The Subrecipient or its designee shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of thirty (30 %) minority business enterprises. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications HOME Subrecipient Agreement Year 42 June 2016 Page 23 The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, CMI Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C.276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5), the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this agreement. The Subrecipient agrees to comply with the Copeland Anti - Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing Tess than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to HOME Subrecipient Agreement Year 42 June 2016 Page 24 include the following language in all subcontracts executed under this agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the HOME -funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the HOME -funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals HOME Subrecipient Agreement Year 42_June 2016 Page 25 kri The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 85.36(b) (3) and 92.356, which include (but are not limited to) the following: a. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. b. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. c. The Subrecipient shall comply with the provisions of 24 CFR 92.356 as follows: a. Applicability. In the procurement of property and services by participating jurisdictions, State recipients, and subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. b. Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decisionmaking process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME -assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. c. Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. d. Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to HOME Subrecipient Agreement Year 42 June 2016 Page 26 further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: 1. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 2. An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exception is sought would not violate State or local law. e. Factors to be considered for exceptions. In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: 1. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; 2. Whether the person affected is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; 3. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; 4. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; 5. Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and 6. Any other relevant considerations. f. Owners and Developers. 1. No owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or non-profit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy a HOME -assisted affordable housing unit in a project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. 2. Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f) (1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the owner's or developer's HOME - assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: i. Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; HOME Subrecipient Agreement Year 42 June 2016 Page 27 ii. Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; iii. Whether the tenant protection requirements of § 92.253 are being observed; iv. Whether the affirmative marketing requirements of § 92.351 are being observed and followed; and v. Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. The Federal Government also reserves such right pursuant to 24 CFR 85.34 to reproduce, publish or otherwise use and to authorize others to use, the work or materials for Federal governmental purposes the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 7. Religious Activities The Subrecipient agrees that funds provided under this agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. XX. ENVIRONMENTAL CONDITIONS HOME Subrecipient Agreement Year 42 June 2016 Page 28 A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; ■ Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; ■ Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 92355, and 24 CFR Part 35, Subpart B (General Lead -Based Paint Requirements), Subpart J (Rehabilitation), Subpart K (Acquisition, Leasing, Support Services or Operation) and Subpart R (Methods and Standards for Lead Based Paint Hazard Evaluation and Hazard Reduction Activities). Such regulations pertain to all HOME -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XXI. SEVERABILITY If any provision of this agreement is held invalid, the remainder of the agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect. XXII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement. XXIII. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act HOME Subrecipient Agreement Year 42_June 2016 Page 29 with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XXIV. LIVING WAGE REQUIREMENTS A. Subrecipient and its agents shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code Sec.96-19) (Ordinance), if applicable. Compliance includes: a. Paying all covered employees a living wage. Covered employees are all employees, full or part-time, employed in, on, or for the project or matter subject to the agreement, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. b. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. c. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. d. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and/or a grievance with the City's Living Wage Commission. The Grantee has the discretion to terminate this agreement and pursue any other legal remedies if Subrecipient and/or its agents fail to comply with the Ordinance. XXV. DEBARMENT AND SUSPENSION The Subrecipient certifies, by the signing of this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. Assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or Subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR 5.105 and 24 CFR 92.350 XXVI. COMPLIANCE WITH ALL LAWS The Subrecipient agrees that, during the performance of the work required pursuant to this agreement, the Subrecipient and all employees working under its direction, shall strictly comply with all local, state or federal laws, ordinances, rules or regulations including but not limited to 24 CFR Part 85, Administrative Requirements for Grants and Cooperative agreement to State, Local and Federally Recognized Indian Tribal Government for controlling or limiting in any way their actions during their said performance of the work required by this agreement. Furthermore, each and every provision of law, and contractual clause required by law to be inserted in this agreement shall be deemed to be inserted herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party this agreement shall be forthwith physically amended to make such insertion or correction. Failure to comply may result in the City enforcing any remedy set forth in Section 24 CFR Part 85, Section 43. XXVII. LAW AND FORUM This agreement shall be governed by and under the laws of the State of New York and the Charter and Code of the City of Buffalo. The parties further agree that Supreme Court of the State of New York, held in and for the County of Erie shall be the forum to resolve disputes arising out of either this agreement or work performed according thereto. The parties waive all other venue or forum selections. The parties may agree between themselves on alternative forums. XXVII. PROHIBITION AGAINST ASSIGNMENT The Subrecipient is prohibited from assigning or otherwise disposing of this agreement or any of its HOME Subrecipient Agreement Year 42 June 2016 Page 30 contents, or of its right, title or interest therein, or of its power to execute such contract to any other person or corporation without the previous consent in writing of the Grantee. XXIX. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this agreement. IN WITNESS WHEREOF, the parties have duly executed this agreement on the date first written above. CITY OF BUFFALO BY CITY OF BUFFALO URBAN RENEWAL AGENCY BY STATE OF NEW YORK) COUNTY OF ERIE ) ss: On the day of in the Year 2016, before me, the undersigned, personally appeared . personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF ERIE ) ss.: On the day of in the Year 2016, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. HOME Subrecipient Agreement Year 42 June 2016 Page 31 Notary Public 111 Exhibit Al — Scope of Services — Program Delivery HOME funds provided under this contract will support staffing for the delivery of housing programs, administrative services, and program funding. The Subrecipient will be responsible for program delivery and administration of HOME Program activities provided in the City of Buffalo Annual Action Plans covering the period of May 1, 2008 through September 30, 2016 (City HOME Programs) in a manner satisfactory to the Grantee and consistent with any federal regulations and standards required as a condition of providing these funds. The City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including for-profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will comply with the requirements of 24 CFR 92.504 as appropriate. The Subrecipient will be responsible for the disbursement of funds for eligible HOME activities, including all Open HOME activities noted in Exhibit H, and all new activities funded under the Annual Action Plan projects noted in this Agreement. BURA will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee, BURA will not commit HOME funds to a project until all necessary financing is secured, a budget and schedule is established, underwriting and subsidy layering is completed and construction is scheduled to begin within twelve (12) months). Signatories to written agreements must date the document in order for it to constitute a valid agreement. Signatures of the primary parties must be notarized to confirm the signature date. For the term of the Agreement, BURA shall originate and manage the HOME funded loans and grants associated with the following programs up to the amount of the allocation as identified in the respective Annual Action Plans filed with the City of Buffalo Common Council: Program Delivery - Programs and Related Tasks The Subrecipient shall provide for the delivery of the following programs: • Activity # 1 — Owner Occupied Housing Rehabilitation Programs (including Contract Management) • Activity # 2 — Multi -family Rental Housing Development — Rehabilitation and New Construction • Activity # 3 — Housing Acquisition/Rehab/Resale Program (including Contract Management) • Activity # 4 — New Construction Homebuyer Program • Activity # 5 — Community Housing Development Organization (CHDO) Operations Schedule — the Subrecipient will provide for delivery of these programs during the contract period. Anticipated completion dates are specified within each Annual Action Plan Service Areas — The Subrecipient will provide for delivery all programs and tasks outlined below within the corporate boundaries of the City of Buffalo. HOME Subrecipient Agreement Year 42 June 2016 Page 32 Activity # 1 — Owner Occupied Housing Rehabilitation Programs (including Contract Management) The City of Buffalo's Owner Occupied Housing Rehabilitation Loan Programs are funded primarily by the Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Programs and include activities to be implemented with approximately $3,000,000 in CDBG, HOME, Lead Hazard Reduction, and New York State Affordable Housing Corporation Program dollars. In some cases, private resources, and in-kind services may also be utilized. The Programs offer financial assistance to households who qualify under the federal low and moderate -income guidelines. Funds are available to rehabilitate one- to four -family owner -occupied residences within designated target areas, as well as for partial financial assistance to new and existing owners of properties needing repairs, and for the correction of emergency conditions such as repair of a broken water, sewer or gas line, replacement of a non-functioning furnace or hot water tank, upgrades from fuses to circuit breakers if a hazard exists at the electrical panel, and repair of a leaking roof and system components. Lead based paint hazards are remediated, as needed. Specific guidelines for individual programs are established by the Office of Strategic Planning. Output — During the term of this Agreement, the Subrecipient will - 1. Assist in the processing and close out of all applications for rehabilitation assistance in the OSP active loan inventory. 2. Facilitate the processing of additional applications within the limits of the funds allocated for these programs. Not all applications will result in loan closings and rehab completions. 3. Ensure the timely completion of rehab and lead remediation work in units and structures assisted through the City of Buffalo Block by Block (AHC) program in compliance with all NYS requirements. Training — The Subrecipient will ensure that staff assigned to deliver the Program are trained, or receive training, appropriate to the position, including, but not limited to and as appropriate, training in the determination of income eligibility for the CDBG and HOME programs; NYS housing code standards, as needed; enforcement of OSP rehab standards, Uniform Physical Conditions Standards (UPCS) and acceptable work practices for the remediation of lead based paint hazards; the use of work specification writing software; and other training as suitable to provide for the efficient and professional administration and delivery of the Program. The Subrecipient will continue to administer and monitor performance under the existing contract with Belmont Housing Resources for WNY (the Rehab Program Administrator) to ensure delivery of these Owner Occupied Housing Rehab Programs. The contract expires on December 31, 2016 The Rehab Loan Processing Stages and responsible parties are summarized as follows — Responsible Party Activity Community Based Organization (CBO) staff located in city neighborhoods work with individual homeowners to prepare applications for owner occupied housing rehab programs offered by OSP (Office of Strategic Planning) / BURA (Buffalo Urban Renewal Agency). Programs include, but are not limited to — ■ Emergency assistance (CDBG funded) • HOME funded Target Street rehab loans, NYS Affordable Housing Corporation (AHC) Matching Funds Program, 50/50 Rehab Program (for homebuyers and CBO/BURA existing owners located outside target areas); CBO staff complete the Application Referral Tracker and submit the names and addresses of potential applicants to the OSP Division of Housing for pre-screening (ownership, prior loan delinquencies, and conflict of interest requests) and approval to proceed to the next stage of processing. If cleared to proceed, OSP rehab program support staff establishes a temporary file for each address reviewed and requests an CBO/BURA Environmental Review from Division of Planning staff. HOME Subrecipient Agreement Year 42_June 2016 Page 33 Following the prescreening, the Division of Housing authorizes the CBO to submit completed application packages for acceptable candidates to the Rehab Program Administrator (Belmont Housing Resources for WNY). Each package must include the Contractor Selection Form identifying the contractors that the owner would Tike to CBO/BURA bid the job. The Rehab Program Administrator reviews the application and supporting documentation regarding income eligibility, ownership and principal residence and notifies the CBO of preliminary approval/denial. The initial loan program type is Belmont identified by the CBO with final concurrence by the Rehab Program Administrator. The Rehab Program Administrator notifies the owner of the determination and Belmont acceptance into the program The Rehab Program Administrator construction analyst (CA) orders a Lead Paint Risk Belmont Assessment (if applicable for target street and other non -emergency programs). Following review of the Assessment, the Rehab Program Administrator construction analyst meets with the owner and prepares the job specifications and preliminary cost estimate. For HOME funded projects, the construction analyst completes the Property Belmont Compliance Inspection Report to identify those items that require correction. The Rehab Program Administrator confirms with the owner the names of those contractors that will be invited to bid the work. A minimum of three contractors are invited to bid. Those to be invited are selected by the owner at the time of application at Belmont the CBO. The Rehab Program Administrator releases the bid packages to the selected contractors who then visit the property to survey the job requirements. Three bids are returned to the Rehab Program Administrator for review and contractor selection. Each package will include the Home Owner Certification That Contractor Has Met with the Property Belmont Owner which must be signed by the owner at the time of the site visit. The Rehab Program Administrator reviews the bids and accepts the bid from the lowest Belmont responsible bidder. A request for a determination of the after -rehab property value is submitted to the Department of Assessment and Taxation along with a copy of the specifications and bid package for any property scheduled to be assisted under the HOME -program. Following BURA the review, a copy of the determination is added to the application file. The Rehab Program Administrator submits a completed encumbrance package to OSP for review and funding. The package includes: 1. the encumbrance cover page with applicant info (name, address, CBO), loan type, loan set up details; 2. a copy of the application form along with summary income information; 3. a copy of the Contractor Bid Review Report; and 4. a copy of the selected bid with all signatures, except the owner, who signs at the closing; and 5. the Property Compliance Inspection Report (for HOME- Belmont/BURA assisted properties only) Housing staff review the package to ensure that — ■ the bid is correctly totaled ■ work item descriptions and pricing are acceptable and, in the case of HOME - assisted properties, that code requirements are met based on the initial Property Compliance Inspection Report • the determination of income based on identified household factors appears to be accurate • the contractor is not debarred BURA • the environmental review has been completed HOME Subrecipient Agreement Year 42 June 2016 Page 34 Documentation regarding ownership, contractor debarment and the environmental review are added to the encumbrance package. The completed package is submitted BURA for assignment of an IDIS number. An IDIS number is assigned by the appropriate staff member based on funding source. Staff assigning IDIS numbers includes the CDBG Program Manager for CDBG funded loans and the HOME Program Coordinator for HOME funded loans, or other OSP staff members, as appropriate. The assigned IDIS number is then referenced in two locations on the encumbrance cover page (at the top for easy identification, and at the bottom where the funding year and local account number are also noted). The IDIS number is used by FCA (the Subrecipient Accounts management division) to assign the TOMSNARDI account number and link the IDIS and TOMSNARDI reference numbers BURA for easier application tracking. For the HOME program, an activity is set up in the IDIS system and the total HOME funds required are identified as part of the set up action. This results in the assignment of an IDIS activity number. For the HOME Program, no HOME funds are actually set aside or committed to the HOME activity at this time since no HOME Agreement has BURA been executed yet. The Loan details are entered into the Hansen System and FCA TOMSNARDI to ensure the availability of data for the CAPER. A request to establish a MUNIS account is submitted to the Office of Strategic Planning and the Department of Audit and Control to prepare for the eventual disbursement of funds to the contractor through the Subrecipient. The Rehab Program Administrator is notified of IDIS and FCA account BURA/COB numbers to verify that the loan is ready to close. The Rehab Program Administrator prepares the closing docs as appropriate (Truth in Lending Disclosure, Note and Mortgage, HOME Written Agreement, etc.) and schedules the loan closing. If applicant eligibility recertification is required, the Rehab Program Administrator contacts the owner to collect updated household income BELMONT documentation. The Rehab Program Administrator closes the loan. After the 3 -day rescission period, the Rehab Program Administrator submits a copy of the closing package to OSP for final review and filing of the mortgage with the Erie County Clerk and, for HOME funded projects, execution of the HOME Agreement by the BELMONT/COB City of Buffalo. For CDBG funds loans, after the 3 -day rescission period, the Rehab Program Administrator issues a Notice of Contract Award to the selected contractor. The contractor is required to submit a valid permit to the Rehab Program Administrator prior to the issuance of the Notice to Proceed. For HOME funds loans, these actions are delayed until the Rehab Program Administrator has been notified that execution of the BELMONT HOME Agreement by the City of Buffalo has been finalized. Following the encumbrance and the issuance of the Notice to Proceed, the Rehab Program Administrator monitors the job, prepares, verifies compliance with all work write-up and specification requirements, and submits the Request for Progress Payment to BURA for processing. BURA completes a site visit to confirm the accuracy of the BELMONT/BURA Request for Progress Payment report. HOME Subrecipient Agreement Year 42_June 2016 Page 35 The Request for Progress Payment form is submitted to the Subrecipient identifying the items completed as per the specifications and the total amount to be paid. Both the Rehab Program Administrator construction monitor and the homeowner sign the form certifying that the work is acceptable. The Subrecipient reviews the request for consistency with the line items costs identified in the specifications and prepares a request to the Office of Strategic Planning and the Department of Audit and Control to issue a check for payment for the items completed. Funds are released to the Subrecipient (BURA) and a two party check is issued to the homeowner and the BURA contractor. Upon completion of the job, The Rehab Program Administrator submits a request for the final progress payment, signed by the owner and the Rehab Program Administrator monitor, to the OSP Construction Monitor. The OSP Construction Monitor conducts a site inspection at the property and reviews the specifications and, if applicable, completes the Property Compliance Inspection Report. If all work is acceptable, the OSP Monitor authorizes the final payment be released to the contractor. If correcting work is needed, the Rehab Program Administrator construction analyst/monitor and the contractor are notified by the OSP Construction Monitor of any `punch list" items that need attention. After any necessary corrections have been made, a second site visit is conducted and payment to the contractor may be authorized by the OSP Construction Monitor. A request for final payment is submitted to the Department of Audit and Control. The case is flagged for entry as "Completed" in IDIS following issuance of the BURA final payment. After the job has been completed, the Rehab Program Administrator returns the completed file (original application, complete income and ownership documentation, Property Compliance Inspection Report (for HOME funded projects), risk assessment, cost estimates, contractor selection and bid documents, copies of all closing docs, etc.) BURA to OSP for file close out and scanning into the Laserfiche system. The Subrecipient shall conduct desk monitoring of Belmont for compliance with the terms of the existing contract as each application is presented for encumbrance and will advise Belmont of any necessary corrections or changes required as appropriate. The Subrecipient shall conduct one formal on-site monitoring visit within each twelve month period. Results of the monitoring, including any findings or concerns, shall be transmitted to the Grantee. The most recent on-site monitoring was conducted in April of 2016. Monitoring is ongoing as individual cases are reviewed and completed. HOME Subrecipient Agreement Year 42 June 2016 Page 36 Activity # 2 — Multi -family Rental Housing Development — Rehabilitation and New Construction The Subrecipient shall provide for program delivery and administration of the Multi -family Rental Housing Development Program including all activities necessary to ensure compliance with HOME Program regulations for the development of such housing. The Subrecipient will follow the City of Buffalo Office of Strategic Planning Housing Programs Policies and Procedures Guidebook in the performance of these duties. The Subrecipient will perform the following tasks in support of the Multi -family Rental Housing Development Program, including, but not limited to the following activities: 1. Monitoring of on-site construction progress (including reviews of requests for progress payments and disbursement of funds) and affirmative marketing and rent -up activities; and project closeouts according to the terms of the individual HOME Agreements for all HOME projects currently underway - 2. Coordination of the Request for Proposals (RFP) Process, including preparation of the RFP, review of preliminary proposals submitted in response to the RFP and presentation of eligible projects to the City of Buffalo Office of Strategic Planning for decisions regarding selection of candidates for funding. • See also Attachment B 3. Review and underwriting of complete application packages submitted by candidates selected for funding to ensure compliance with the requirements of the HOME program and the City of Buffalo. The Subrecipient will follow City of Buffalo Office of Strategic Planning written policies and procedures for underwriting projects, evaluating the development and fiscal capacity of developers, and ensuring that there is adequate need for projects based on neighborhood market conditions (see Attachment C). If necessary, the Grantee may procure the services of a third party to undertake these evaluations. 4. Coordination of activities to ensure - a. completion of the environmental review process by the Grantee; b. completion of the site and neighborhoods standards reviews, as applicable c. compliance with URA requirements, as applicable d. compliance with one-for-one replacement requirements, as applicable 5. Monitoring of developer/applicant activities relating to - a. property acquisition activities, as applicable; b. lead, asbestos, mold and other required testing and/or remediation; c. the bidding process and selection of contractors and subcontractors 6. Working with the developer/applicant to ensure outreach and recruitment of qualified contractors to work in the program and compliance with City of Buffalo and HUD MWBE and Section 3 requirements 7. Collaboration with the developer/applicant in the preparation of construction budgets; HOME Subrecipient Agreement Year 42_June 2016 Page 37 f 8. Collaboration with the developer/applicant in finalizing all development and construction financing sources and uses 9. Preparation of final recommendations for funding to the City of Buffalo Office of Strategic Planning 10. Preparation and execution of HOME Agreements and related closing documents for projects selected for funding and coordination of all closing activities 11. Evaluation of the readiness of each project before execution of the HOME Agreement or setting it up in IDIS as a HOME activity to ensure compliance with the four- or five-year year completion requirement (as applicable to funds appropriated in 2012 or prior years). 12. NOTE: The Grantee will ensure that individuals responsible for entering data in IDIS have the appropriate documentation or written approval from Grantee staff responsible for compliance to confirm that the underwriting review, the assessment of developer capacity and fiscal soundness, and the examination of neighborhood market conditions have been conducted. For the FY 2012 HOME appropriation, the IDIS certification will require the Grantee to enter the name of the person responsible for ensuring compliance with these requirements. The Grantee and the Subrecipient are aware that false or fraudulent statements or claims made in IDIS in regard to the Grantee's certification that these assessments have been conducted are subject to criminal or civil penalties. 13. Submission of a complete funding package to the Office of Strategic Planning and the Department of Audit and Control to initiate establishment of the MUNIS accounts and the commitment of funds in IDIS for the HOME project. 14. Issuance of the Notice to Proceed; 15. Monitoring construction at each site a minimum of three times each week. Duties to include daily start and finish meetings with contractors; 16. Tracking construction progress; 17. Coordinating project scheduling to ensure completion within established timeframes; 18. Meeting with inspectors, ensuring quality control; 19. Preparing fully documented progress payment requests for submission to the Office of Strategic Planning and the Department of Audit and Control 20. Disbursement of funds for allowable expenses. 21. Documenting change order requests; 22. Daily troubleshooting as needed; 23. Monitoring marketing activities to ensure timely rent -up of the properties to eligible tenants, including outreach to the community; 24. Obtaining the occupancy reports providing names, address, beneficiary data and income eligibility of each participant for use in grant reporting and approval of loan issuance; 25. Preparation of performance reports on no less than a quarterly basis, which tracks the progress of construction and ensures proper file maintenance; 26. Participation in City of Buffalo or HUD review meetings; 27. Obtaining project closeout documentation as specified in the HOME Agreement, including, but not limited to - a. The Lead Based Paint Clearance Report b. Final Section 3 and M/WBE reports in a format to be provided by BURA c. Certification that the project meets the requirements for compliance with Section 504 of the Rehabilitation Action of 1973 and the Fair Housing Act as applicable to the HOME program. d. The Certificate of Occupancy and Certificate of Completion e. The initial occupancy report — f. Lien releases from all project contractors and subcontractors g. The Cost Certification Audit HOME Subrecipient Agreement Year 42 June 2016 Page 38 28. Submission of the closeout report and applicable documentation to the City of Buffalo Office of Strategic Planning to facilitate completion of the project in IDIS. 29. Ongoing project monitoring as noted in Exhibit A2 Activity # 4 — HOME Program Compliance Monitoring — Rental and Homebuyer Housing In addition, the Subrecipient will work with the City of Buffalo Fair Housing Officer to ensure that, for all rental development projects, the owner's tenant selection policies comply with the HOME requirements as 24 CFR 92.253(d) regarding how and when HOME funds may be used for special needs populations, specifically 92.253 (d) Tenant selection. An owner of rental housing assisted with HOME funds must comply with the affirmative marketing requirements established by the participating jurisdiction pursuant to § 92.351(a). The owner must adopt and follow written tenant selection policies and criteria that: 1. Limit the housing to very low- income and low-income families; 2. Are reasonably related to the applicants' ability to perform the obligations of the lease (i.e., to pay the rent, not to damage the housing; not to interfere with the rights and quiet enjoyment of other tenants); 3. Limit eligibility or give a preference to a particular segment of the population if permitted in its written agreement with the participating jurisdiction (and only if the limitation or preference is described in the participating jurisdiction's consolidated plan). i. Any limitation or preference must not violate nondiscrimination requirements in § 92.350. A limitation or preference does not violate nondiscrimination requirements if the housing also receives funding from a Federal program that limits eligibility to a particular segment of the population (e.g., the Housing Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter Plus Care program under 24 CFR part 582, the Supportive Housing program under 24 CFR part 583, supportive housing for the elderly or persons with disabilities under 24 CFR part 891), and the limit or preference is tailored to serve that segment of the population. ii. If a project does not receive funding from a Federal program that limits eligibility to a particular segment of the population, the project may have a limitation or preference for persons with disabilities who need services offered at a project only if: A. The limitation or preference is limited to the population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain housing; B. Such families will not be able to obtain or maintain themselves in housing without appropriate supportive services; and C. Such services cannot be provided in a nonsegregated setting. The families must not be required to accept the services offered at the project. In advertising the project, the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible persons with disabilities who may benefit from the services provided in the project. 4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant -Based Assistance: Housing Choice Voucher Program (24 CFR part 982) or an applicant participating in a HOME tenant - based rental assistance program because of the status of the prospective tenant as a holder of such certificate, voucher, or comparable HOME tenant -based assistance document. 5. Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and 6. Give prompt written notification to any rejected applicant of the grounds for any rejection HOME Subrecipient Agreement Year 42_June 2016 Page 39 Activity # 3 — Housing Acquisition/Rehab/Resale Program (including Contract Management) The Subrecipient shall provide for program delivery and administration of the Housing Acquisition/Rehab/Resale (ARR) Program (including management of existing contracts between the Subrecipient and community based organizations) and all activities necessary to ensure compliance with HOME Program regulations for the development of affordable homebuyer housing. The Program is an acquisition/rehabilitation/resale program for low and moderate and middle income homeowners. The goal of the program is to rehabilitate existing vacant one and two family structures within designated target areas to ensure compliance with local housing codes and federal lead based paint remediation standards; and to sell these properties upon completion to qualified purchasers under the guidelines of the HOME Program. The Subrecipient will work with City development partners (not-for-profit agencies or CHDOs) in the creation of affordable units. Currently Nine structures will be addressed through the HOME CHDO Program. Additional projects may be identified within the term of this contract. HOME Subrecipient Agreement Year 42 June 2016 Page 40 For selected projects the Subrecipient will ensure completion of the tasks required to implement the acquisition/rehabilitation/resale program through the provision of technical and other assistance to each CHDO or entity or through direct action, as necessary, including, but not limited to the following activities: Activity 1 Selection and screening of properties 2 Order environmental tests (lead, asbestos, mold, etc.) 3 Coordinate lead, asbestos, mold, etc. remediation 4 Prepare work write-ups, specifications and working drawings 5 Prepare preliminary budgets 6 Coordinate bidding 7 Coordinate contractor selection 8 Finalize budgets 9 Finalize development / construction financing sources / uses 10 Issue the Notice to Proceed 11 Monitor Construction - Monitor construction at each site a minimum of two times each day. Duties to include daily start and finish construction meetings; tracking construction progress; coordinating project scheduling to ensure completion within established timeframes; meeting with inspectors, ensuring quality control; assisting the BURA project manager in preparing progress payment and change order requests; daily troubleshooting as needed. Ensure daily project supervision and coordination with Belmont 12 Construction Monitor' 13 Review, approve and disburse contractor payments 14 Marketing - Responsible for all marketing activities including outreach to the community, sales, and homebuyer eligibility certification 15 Obtain Certificates of Occupancy / Completion 16 Review and approve buyer applications and subsidy calculations 17 Prepare closing documents and transfer title to purchasers For CHDO or CBO sponsored projects, the Subrecipient will provide technical assistance and monitor all aspects of each project, including activities described above. The Subrecipient will enforce the Six or Nine Month Deadline for Sale of Homebuyer Units as applicable under the revised HOME regulations.) Any HOME homebuyer unit for which funds were committed prior to August 23, 2013 that is set up under a 2012 or 2013 Action Plan project that is not sold to an eligible homebuyer within six months of construction completion must be converted to a HOME rental unit or the PJ must repay the HOME Investment. For all other homebuyer projects for which a commitment is executed after August 23, 2013, if there is no ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with §92.252. The Subrecipient will ensure compliance with these deadlines and will provide technical assistance in the event that a unit must be converted to a HOME rental unit. HOME Subrecipient Agreement Year 42 June 2016 Page 41 \k'' Activity # 4 — New Construction Homebuyer Program The Subrecipient shall provide for program delivery and administration of the New Construction Homebuyer Program including all activities necessary to ensure compliance with HOME Program regulations for the development of such housing. The Subrecipient will perform the following tasks in support of the New Construction Homebuyer Program, including, but not limited to the following activities: 1. Monitoring of on-site construction progress (including reviews of requests for progress payments and disbursement of funds) and affirmative marketing and sales activities; and project closeouts according to the terms of the individual HOME Agreements for HOME projects currently underway — 2. Coordination of the Request for Proposals (RFP) Process for new projects, including preparation of the RFP, review of preliminary proposals submitted in response to the RFP and presentation of eligible projects to the City of Buffalo Office of Strategic Planning for decisions regarding selection of candidates for funding. a. See also Attachment B 3. Review and underwriting of complete application packages submitted by candidates selected for funding to ensure compliance with the requirements of the HOME program and the City of Buffalo. The Subrecipient will follow City of Buffalo Office of Strategic Planning written policies and procedures for underwriting projects, evaluating the development and fiscal capacity of developers, and ensuring that there is adequate need for projects based on neighborhood market conditions (see Attachment C). If necessary, the Grantee may procure the services of a third party to undertake these evaluations. 4. Coordination of activities to ensure - a. completion of the environmental review process by the Grantee; b. compliance with URA requirements, as applicable c. compliance with one-for-one replacement requirements, as applicable 5. Monitoring of developer/applicant activities relating to - a. property acquisition activities, as applicable; b. lead, asbestos, mold and other environmental testing and/or remediation; c. the bidding process and selection of contractors and subcontractors 6. Working with the developer/applicant to ensure outreach and recruitment of qualified contractors to work in the program and compliance with City of Buffalo and HUD MWBE and Section 3 requirements 7. Collaboration with the developer/applicant in the preparation of construction budgets; HOME Subrecipient Agreement Year 42 June 2016 Page 42 8. Collaboration with the developer/applicant in finalizing all development and construction financing sources and uses 9. Preparation of final recommendations for funding to the City of Buffalo Office of Strategic Planning 10. Preparation and execution of HOME Agreements and related closing documents for projects selected for funding and coordination of all closing activities 11. Evaluation of the readiness of each project before execution of the HOME Agreement or setting it up in IDIS as a HOME activity to ensure compliance with the four- or five-year year completion requirement (as applicable to funds appropriated in 2012 or prior years). 12. NOTE: The Grantee will ensure that individuals responsible for entering data in IDIS have the appropriate documentation or written approval from Grantee staff responsible for compliance to confirm that the underwriting review, the assessment of developer capacity and fiscal soundness, and the examination of neighborhood market conditions have been conducted. For the FY 2012 HOME appropriation, the IDIS certification will require the Grantee to enter the name of the person responsible for ensuring compliance with these requirements. The Grantee and the Subrecipient are aware that false or fraudulent statements or claims made in IDIS in regard to the Grantee's certification that these assessments have been conducted are subject to criminal or civil penalties. 13. Submission of a complete funding package to the Office of Strategic Planning and the Department of Audit and Control to initiate establishment of the MUNIS accounts and the commitment of funds in IDIS for the HOME project. 14. Issuance of the Notice to Proceed; 15. Monitoring construction at each site a minimum of three times each week. Duties to include daily start and finish meetings with contractors; 16. Tracking construction progress; 17. Coordinating project scheduling to ensure completion within established timeframes; 18. Meeting with inspectors, ensuring quality control; 19. Preparing fully documented progress payment requests for submission to the Office of Strategic Planning and the Department of Audit and Control 20. Disbursement of funds for allowable expenses 21. Documenting change order requests ; 22. Daily troubleshooting as needed; 23. Monitoring marketing activities to ensure timely sale of the properties to eligible homebuyers, including outreach to the community; 24. Reviewing all homebuyer application packages to confirm the correct calculation of direct subsidy assistance for purchase or closing costs 25. Reviewing and all closing documents prior to closing 26. Maintaining the New Construction database and entry of homebuyer names, address, beneficiary data and income of each participant for use in grant reporting; 27. Preparation of performance reports on no less than a quarterly basis, which tracks the progress of construction and ensures proper file maintenance; 28. Participation in City of Buffalo or HUD review meetings; 29. Obtaining project closeout documentation as specified in the HOME Agreement, including, but not limited to - a. Final Section 3 and M/WBE reports in a format to be provided by BURA b. The Certificate of Occupancy and Certificate of Completion c. Lien releases from all project contractors and subcontractors d. The Cost Certification Audit HOME Subrecipient Agreement Year 42 June 2016 Page 43 30. Submission of the closeout reports and applicable documentation to the City of Buffalo Office of Strategic Planning to facilitate completion of the project in IDIS. Six Month Deadline for Sale of Homebuyer Units (Public Law 112-55) Any HOME homebuyer unit for which funds were committed prior to August 23, 2013 that is set up under a 2012 or 2013 Action Plan project that is not sold to an eligible homebuyer within six months of construction completion must be converted to a HOME rental unit or the PJ must repay the HOME Investment. For all other homebuyer projects for which a commitment is executed after August 23, 2013, if there is no ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with §92.252. The Subrecipient will ensure compliance with these deadlines and will provide technical assistance in the event that a unit must be converted to a HOME rental unit. HOME Subrecipient Agreement Year 42 June 2016 Page 44 �G$ Activity # 5 — Community Housing Development Organization (CHDO) Operations Contract Management The CHDO Operating Assistance Program provides financial support to eligible certified CHDOs during the development of funded Affordable Housing projects. The funding is intended to assist CHDOs that can demonstrate a need for operating support. The Subrecipient will award and manage contracts for funds provided to CDHOs for Operating Costs. The Subrecipient will review all requests for reimbursement and will prepare and submit requests to the Office of Strategic Planning for release of funds by the Department of Audit and Control. ELIGIBLE APPLICANTS All eligible applicants must be a current certified CHDO and applicants must be receiving set-aside funds for an activity (or activities) or must be under a written agreement to receive set-aside funds within 24 months of the date of the agreement. Eligible CHDOs must have established standard accounting practices including internal control and fiscal accounting procedures and be able to track organization and project budgets by revenue source and expense. CHDOs with outstanding audit findings, IRS findings, OSP monitoring findings or other compliance issues are not eligible for CHDO Operating Assistance. Please note that OSP and the Subrecipient will work with all interested parties, where appropriate, toward the resolution of unresolved matters. The Grantee reserves the right to disapprove an application for CHDO Operating Assistance where there is not a clear financial need for the assistance in order to assure the success of the HOME -funded project. ELIGIBLE EXPENSES Operating expenses are reasonable and necessary costs for the operation of the CHDO, including: • Salaries, wages, benefits and other employee compensation; • Employee education, training and travel; • Rent and utilities; • Communication costs; • Taxes and insurance; and ■ Equipment, materials and supplies. ■ Contracted Professional Services (non -project specific) Eligible expenses include only those operational costs that have been incurred within the contract period. The Grantee will pay CHDO Operating Assistance grant expenses on a reimbursement basis. The CHDO must be able to provide documentation that the work, services, or cost occurred within the grant period and the expenses were paid appropriately by the CHDO. The Subrecipient will submit a properly documented request for payment of CHDO Operating expenses to the Office of Strategic Planning and release of funds by the Department of Audit and Control. FINANCIAL MANAGEMENT The Subrecipient will ensure that CHDOs are compliant with regulations and requirements pertaining to the following key areas of financial management: • Allowable costs • Source documentation • Internal controls • Budget controls • Cash management • Accounting records • Procurement • Property asset controls • Audits HOME Subrecipient Agreement Year 42 June 2016 Page 45 CHDO Operating Assistance program funds must be only for eligible activities and in accordance with the approved program budget. Any changes from the planned expenditures must be approved in advance by OSP. CHDO Operating funds may not be used for activities other than those authorized in the regulations and approved by OSP. Internal controls refer to the combination of policies, procedures, defined responsibilities, personnel and records that allow an organization to maintain adequate oversight and control of its finances. As such, internal controls reflect the overall financial management system of an organization or agency. Budget controls, cash management, accounting records, procurement and property controls are sub -sets of the overall financial system. The specific administrative requirements (i.e., financial management standards) for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations are contained in 24 CFR Part 84, OMB A-122, and OMB A-133. Projects must make progress on a reasonable timeline. Any project that has not started construction within 12 months from beginning of the initial grant period may not be eligible for a second year of CHDO Operating Assistance. OSP will monitor project progress and reserves the right to decline funding requests based on project progress and CHDO need. OSP reserves the right to recapture CHDO Operating Assistance in the case where projects have not made adequate progress. HOME Subrecipient Agreement Year 42_June 2016 Page 46 Exhibit A2 — Scope of Services - General Administration HOME funds provided under this contract will support staffing for the delivery of housing programs and administrative services as identified below. The Subrecipient will be responsible for program delivery and administering HOME Program activities provided in the City of Buffalo Consolidated Plans covering the period of May 1, 2008 through April 30, 2013, respectively (City HOME Programs) in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. The Subrecipient will be responsible for the disbursement of funds for eligible HOME activities, including all Open HOME activities as detailed in this Agreement and all new activities funded under the Annual Action Plan projects as noted in this Agreement. BURA will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee, The City HOME Programs include the following activities eligible and tasks as allowed or required The Subrecipient shall complete the following activities relating to General Administration of the HOME Program: ■ Activity # 1 — ■ Activity # 2 — ■ Activity # 3 — ■ Activity # 4 — ■ Activity # 5 — ■ Activity # 6 — ■ Activity # 7 — ■ Activity # 8 — Activity # 9 - Certification and Recertification of Community Housing Development Organizations (CHDOs) Coordination of the Environmental Review Process in cooperation with the Office of Strategic Planning Coordination of Site and Neighborhood Standards Reviews in cooperation with the Office of Strategic Planning (new construction of multi -family rental housing only) HOME Program Compliance Monitoring — Rental and Homebuyer Housing Coordination of URA Acquisition and Relocation actions as applicable. Management of the existing BURA loan portfolio and the return of Program Income to the Grantee Management of HOME program timeliness deadlines, including the two-year commitment and five or four year expenditure deadlines, as applicable. HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) HOME Subrecipient Agreement Year 42 June 2016 Page 47 e Activity # 1 — Certification and Recertification of (CHDO) Community Housing Development Organizations The Subrecipient shall coordinate the process for initial certification and periodic recertification of Community Housing Development Organizations as defined under the regulations as 24 CFR 92.2. and will take every necessary action to ensure compliance with 24 CFR 92.300 - Set-aside for community housing development organizations (CHDOs) as follows: Within 24 months after the date that HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnerships Agreement, the participating jurisdiction must reserve not less than 15 percent of the HOME allocation for investment only in housing to be owned, developed or sponsored by community housing development organizations. For a State, the HOME allocation includes funds reallocated under §92.451(c)(2)(i) and, for a unit of general local government, includes funds transferred from a State under §92.102(b). The participating jurisdiction must certify the organization as meeting the definition of "community housing development organization" and must document that the organization has capacity to own, develop, or sponsor housing each time it commits funds to the organization. The Subrecipient will collect documentation sufficient to verify that a CHDO candidate meets the qualifying criteria as follows: Community housing development organization means a private nonprofit organization that: 1) Is organized under State or local laws; 2) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; 3) Is neither controlled by, nor under the direction of, individuals or entities seeking to derive profit or gain from the organization. A community housing development organization may be sponsored or created by a for-profit entity, but: i. The for-profit entity may not be an entity whose primary purpose is the development or management of housing, such as a builder, developer, or real estate management firm. ii. The for-profit entity may not have the right to appoint more than one-third of the membership of the organization's governing body. Board members appointed by the for-profit entity may not appoint the remaining two-thirds of the board members; iii. The community housing development organization must be free to contract for goods and services from vendors of its own choosing; and iv. The officers and employees of the for-profit entity may not be officers or employees of the community housing development organization. 4) Has a tax exemption ruling from the Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3)-1 or 1.501(c)(4)-1)), is classified as a subordinate of a central organization non-profit under section 905 of the Internal Revenue Code of 1986, or if the private nonprofit organization is an wholly owned entity that is disregarded as an entity separate from its owner for tax purposes (e.g., a single member limited liability company that is wholly owned by an organization that qualifies as tax-exempt), the owner organization has a tax exemption ruling from the Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 and meets the definition of "community housing development organization;" 5) Is not a governmental entity (including the participating jurisdiction, other jurisdiction, Indian tribe, public housing authority, Indian housing authority, housing finance agency, or redevelopment authority) and is not controlled by a governmental entity. An organization that is created by a governmental entity may qualify as a community housing development organization; however, the governmental entity may not have the right to appoint more than one-third of the membership of the organization's governing body and no more than one- third of the board members may be public officials or employees of governmental entity. Board members appointed by a governmental entity may not appoint the remaining two-thirds of the board members. The officers or employees of a governmental entity may not be officers or employees of a community housing development organization; HOME Subrecipient Agreement Year 42_June 2016 Page 48 6) Has standards of financial accountability that conform to 24 CFR 84.21, "Standards for Financial Management Systems;" 7) Has among its purposes the provision of decent housing that is affordable to low-income and moderate -income persons, as evidenced in its charter, articles of incorporation, resolutions or by- laws; 8) Maintains accountability to low-income community residents by: i. Maintaining at least one-third of its governing board's membership for residents of low-income neighborhoods, other low-income community residents, or elected representative of low-income neighborhood organizations. For urban areas, "community" may be a neighborhood or neighborhoods, city, county or metropolitan area; for rural areas, it may be a neighborhood or neighborhoods, town, village, county, or mufti -county area (but not the entire State); and ii. Providing a formal process for low-income program beneficiaries to advise the organization in its decisions regarding the design, siting, development, and management of affordable housing; 9) Has a demonstrated capacity for carrying out housing projects assisted with HOME funds. A designated organization undertaking development activities as a developer or sponsor must satisfy this requirement by having paid employees with housing development experience who will work on projects assisted with HOME funds. For its first year of funding as a community housing development organization, an organization may satisfy this requirement through a contract with a consultant who has housing development experience to train appropriate key staff of the organization. An organization that will own housing must demonstrate capacity to act as owner of a project and meet the requirements of §92.300(a)(2). A nonprofit organization does not meet the test of demonstrated capacity based on any person who is a volunteer or whose services are donated by another organization; and 10) Has a history of serving the community within which housing to be assisted with HOME funds is to be located. In general, an organization must be able to show one year of serving the community before HOME funds are reserved for the organization. However, a newly created organization formed by local churches, service organizations or neighborhood organizations may meet this requirement by demonstrating that its parent organization has at least a year of serving the community. In completing the determination of eligibility, the Subrecipient will use follow the CHDO Qualification and Capacity Evaluation Policy developed by OSP and will complete the Checklist and forms related to staff and agency capacity, threshold requirements and other considerations including fiscal soundness. The Subrecipient will follow the written policies and procedures provided by the City of Buffalo Office of Strategic Planning for assessing CHDO staff capacity, and will ensure that adequate documentation of the assessment is included in the appropriate files. HUD defines CHDO staff as paid employees who are responsible for the day-to-day operations of the CHDO. Staff does not include volunteers, board members, or consultants. The Subrecipient will present the results of each certification and recertification review to the Office of Strategic Planning which will issue a final decision regarding the City's award of CHDO status. For CHDO projects approved for funding by the City of Buffalo, the Grantee will ensure that individuals responsible for entering data in IDIS have the appropriate documentation or written approval from Grantee staff responsible for compliance to confirm that a CHDO has demonstrated development experience. The IDIS certification will require the Grantee to enter the name of the person responsible for ensuring compliance with this requirement. The Grantee and the Subrecipient are aware that false or fraudulent statements or claims made in IDIS in regard to the Grantee's certification that this assessment has been conducted are subject to criminal or civil penalties. HOME Subrecipient Agreement Year 42 June 2016 Page 49 Activity # 2 — Coordination of the Environmental Review Process The Subrecipient shall coordinate the environmental review process as defined under the regulations at 24 CFR Part 58 as follows: For all projects under consideration for HOME funding, the Subrecipient will submit a detailed description of the project or program to the Director of Environmental Affairs (DEA) in the Office of Strategic Planning. The DEA will initiate all activities required to comply with the environmental review requirements at 24 CFR 92.352. § 92.352 Environmental Review a. General. The environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. b. Responsibility for review. 1. The jurisdiction (e.g., the participating jurisdiction or State recipient) or insular area must assume responsibility for environmental review, decisionmaking, and action for each activity that it carries out with HOME funds, in accordance with the requirements imposed on a recipient under 24 CFR part 58. No funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. The Subrecipient will ensure that guidance provided under CPD Notice 01-11 [ Environmental Review and the HOME Investment Partnerships Program ] is followed for all proposed activities, including the following:. Responsible entities may enter into an agreement for the conditional commitment of HOME funds for a specific project prior to the completion of the environmental review process. The RE must ensure that any such agreement does not provide the state recipient, subrecipient or contractor any legal claim to any amount of HOME funds to be used for the specific project or site unless and until the site has received environmental clearance. Note: HOME funds that are conditionally committed can be included when determining whether the commitment and CHDO reservation requirements of 24 CFR 92.500 (d) have been met. The following language is acceptable in an otherwise appropriately drafted agreement: Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by [the participating jurisdiction, insular area or state recipient] of a release of funds from the U.S. Department of Housing and Urban Development [or the State of ] under 24 CFR Part §58. The parties further agree that the provision of any funds to the project is conditioned on the [participating jurisdiction, insular area or state recipient's] determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. The agreement must also contain a provision prohibiting the state recipient, subrecipient or contractor from undertaking or committing any funds to physical or choice -limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and must indicate that the violation of this provision may result in the denial of any funds under the agreement. The agreement should not contain provisions requiring the execution of a construction contract unless the provision requires prior completion of the environmental clearance and advice from the PJ, insular area or state recipient to proceed with the project and/or proceed with execution of the contract. Provisions such as specific work descriptions and plans or specifications should not be included in a conditional HOME commitment. Participating jurisdictions, insular areas and state recipients are encouraged to keep any conditional HOME commitments short and, if necessary, include more detailed provisions relating to project execution in an unexecuted Attachment to avoid the appearance of permission or encouragement to begin undertaking choice -limiting actions. The Subrecipient will ensure that acceptable language as defined above is included in the HOME Agreement and that the Notice to Proceed is not issued for any project until the Release of Funds has been approved. HOME Subrecipient Agreement Year 42 June 2016 Page 50 Activity # 3 — Coordination of Site and Neighborhood Standards Reviews (New Construction of Multi -Family Rental Housing Only) The Subrecipient shall coordinate the Site and Neighborhood Standards review process as defined under the regulations at 24 CFR Part 92.202 as follows: For all projects proposing the construction of new rental housing using HOME funding, the Subrecipient will submit a detailed description of the project to the Director of the Division of Planning in the Office of Strategic Planning. Division of Planning staff will evaluate the project in relation to the criteria established under 24 CFR 983.6(b).as noted below and will present a report to the Executive Director of the Office of Strategic Planning. The Executive Director will review the findings and determine whether the proposed sites for new construction meet the requirements of 92.202 and 24 CFR 983.57(e)(2) and (3). HOME Program Requirements - Sec. 92.202 Site and neighborhood standards. a. General. A participating jurisdiction must administer its HOME program in a manner that provides housing that is suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d --2000d-4), the Fair Housing Act (42 U.S.C. 3601 et seq., E.O. 11063 (3 CFR, 1959-1963 Comp., p. 652), and HUD regulations issued pursuant thereto; and promotes greater choice of housing opportunities. b. New rental housing. In carrying out the site and neighborhood requirements with respect to new construction of rental housing, a participating jurisdiction is responsible for making the determination that proposed sites for new construction meet the requirements in 24 CFR 983.6(b). Sec. 987.57(e)(2) and (3) Site and neighborhood standards. (b) New construction site and neighborhood standards: 1. The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed, and adequate utilities (water, sewer, gas, and electricity) and streets must be available to service the site. 2. The site and neighborhood must be suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title VI of the Civil Rights Act of 1964, the Fair Housing Act, Executive Order 11063, and implementing HUD regulations. 3. Location i. The site must not be located in an area of minority concentration, except as permitted under paragraph (b) (3) (ii) of this section, and must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non -minority residents in the area. ii. A project may be located in an area of minority concentration only if: (A) Sufficient, comparable opportunities exist for housing for minority families, in the income range to be served by the proposed project, outside areas of minority concentration (see paragraph (b)(3)(iii) of this section for further guidance on this criterion); or (B) The project is necessary to meet overriding housing needs that cannot be met in that housing market area (see paragraph (b) (3) (iv) of this section for further guidance on this criterion). iii. (A) Sufficient" does not require that in every locality there be an equal number of assisted units within and outside of areas of minority concentration. Rather, application of this standard should produce a reasonabletdistribution of assisted units each year that, over a period of several years, will approach an appropriate balance of housing choices within and outside HOME Subrecipient Agreement Year 42 June 2016 Page 51 areas of minority concentration. An appropriate balance in any jurisdiction must be determined in light of local conditions affecting the range of housing choices available for low-income minority families and in relation to the racial mix of the locality's population. (B) Units may be considered "comparable opportunities" if they have the same household type (elderly, disabled, family, large family) and tenure type (owner/renter); require approximately the same tenant contribution towards rent; serve the same income group; are located in the same housing market; and are in standard condition. (C) Application of this sufficient, comparable opportunities standard involves assessing the overall impact of HUD -assisted housing on the availability of housing choices for low-income minority families in and outside areas of minority concentration, and must take into account the extent to which the following factors are present, along with other factors relevant to housing choice: 1. A significant number of assisted housing units are available outside areas of minority concentration. 2. There is significant integration of assisted housing projects constructed or rehabilitated in the past 10 years, relative to the racial mix of the eligible population. 3. There are racially integrated neighborhoods in the locality. 4. Programs are operated by the locality to assist minority families that wish to find housing outside areas of minority concentration. 5. Minority families have benefited from local activities (e.g., acquisition and write-down of sites, tax relief programs for homeowners, acquisitions of units for use as assisted housing units) undertaken to expand choice for minority families outside of areas of minority concentration. 6. A significant proportion of minority households have been successful in finding units in non -minority areas under the Section 8 certificate and voucher programs. 7. Comparable housing opportunities have been made available outside areas of minority concentration through other programs. iv. Application of the "overriding housing needs" criterion, for example, permits approval of sites that are an integral part of an overall local strategy for the preservation or restoration of the immediate neighborhood and of sites in a neighborhood experiencing significant private investment that is demonstrably changing the economic character of the area (a "revitalizing area"). An "overriding housing need," however, may not serve as the basis for determining that a site is acceptable if the only reason the need cannot otherwise be feasibly met is that discrimination on the basis of race, color, religion, sex, national origin, age, familial status or disability renders sites outside areas of minority concentration unavailable or if the use of this standard in recent years has had the effect of circumventing the obligation to provide housing choice. 4. The site must promote greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons. 5. The neighborhood must not be one which is seriously detrimental to family life or in which substandard dwellings or other undesirable conditions predominate, unless there is actively in progress a concerted program to remedy the undesirable conditions. 6. The housing must be accessible to social, recreational, educational, commercial, and health facilities and services, and other municipal facilities and services that are at least equivalent to those typically found in neighborhoods consisting largely of unassisted, standard housing of similar market rents. 7. Except for new construction housing designed for elderly persons, travel time and cost via public transportation or private automobile, from the neighborhood to places of employment providing a range of jobs for lower-income workers, must not be excessive. HOME Subrecipient Agreement Year 42 June 2016 Page 52 Activity # 4 — HOME Program Compliance Monitoring and Ongoing Project Management — Rental and Homebuyer Housing The Subrecipient shall provide for monitoring of HOME -assisted homebuyer and rental housing to ensure compliance with executed HOME Agreements and HOME regulations. The Subrecipient shall maintain a database/list of all HOME -assisted homebuyer and rental properties based on the IDIS PRO2 and PR22 Reports and shall establish a monitoring schedule for properties to be monitored. The Subrecipient shall review the list with Grantee staff quarterly to ensure the integrity of the database and will document all monitoring activities. The Subrecipient will follow the policies and procedures established by the City of Buffalo Office of Strategic Planning as provided and revised each year. The Subrecipient will ensure that all HOME activities to which funds are committed after August 23, 2013, , comply with the 2013 Final Rule requirements as further explained in HUD Notice CPD -14-08, regardless of the grant year (Annual Action Pian Project) year from with the funds are actually disbursed The Subrecipient shall provide for monitoring of HOME -assisted rental housing as follows and consistent with the OSP Multi -family Housing Monitoring Plan provided in Appendix M of the OSP Housing Programs, Policies and Procedures Guidebook • Multi -family Rental Housing Projects For each multi -family housing project, the Subrecipient monitoring staff conducts a desk review and/or on-site monitoring as applicable. The team reviews and tests project files for: tenant selection, evidence of affirmative marketing, leases and project rules, tenant file maintenance, income certifications, rent limits, lead based paint, proof of paid city obligations (taxes, water/sewer) and audited financials. Specifically, to ensure compliance with HOME requirements the Subrecipient will - 1. Arrange for on-site inspections by a City of Buffalo building inspector to ensure compliance with property standards as required under 92.504(d) On-site inspections and financial oversight. 1. Inspections. The participating jurisdiction must inspect each project at project completion and during the period of affordability to determine that the project meets the property standards of § 92.251. i. Completion inspections. Before completing the project in the disbursement and information system established by HUD, the participating jurisdiction must perform an on-site inspection of HOME -assisted housing to determine that all contracted work has been completed and that the project complies with the property standards of § 92.251. ii. Ongoing periodic inspections of HOME -assisted rental housing. During the period of affordability, the participating jurisdiction must perform on-site inspections of HOME -assisted rental housing to determine compliance with the property standards of § 92.251 and to verify the information submitted by the owners in accordance with the requirements of § 92.252. The inspections must be in accordance with the inspection procedures that the participating jurisdiction establishes to meet the inspection requirements of § 92.251. a. The on-site inspections must occur within 12 months after project completion and at least once every 3 years thereafter during the period of affordability. b. If there are observed deficiencies for any of the inspectable items in the property standards established by the participating jurisdiction, in accordance with the inspection requirements of § 92.251, a follow-up on-site inspection to verify that deficiencies are corrected must occur within 12 months. The participating jurisdiction may establish a list of non -hazardous deficiencies for which correction can be verified by third party documentation (e.g., paid invoice for work order) rather than re -inspection. Health and safety deficiencies must be corrected immediately, in accordance with § 92.251. The participating jurisdiction must adopt a more frequent inspection schedule for properties that have been found to have health and safety deficiencies. HOME Subrecipient Agreement Year 42 June 2016 Page 53 GP" c. The property owner must annually certify to the participating jurisdiction that each building and all HOME- assisted units in the project are suitable for occupancy, taking into account State and local health, safety, and other applicable codes, ordinances, and requirements, and the ongoing property standards established by the participating jurisdiction to meet the requirements of § 92.251. d. Inspections must be based on a statistically valid sample of units appropriate for the size of the HOME -assisted project, as set forth by HUD through notice. For projects with one -to -four HOME -assisted units, participating jurisdiction must inspect 100 percent of the HOME - assisted units and the inspectable items (site, building exterior, building systems, and common areas) for each building housing HOME -assisted units. 2. Inspections will also be conducted to verify rent, income and occupancy information submitted by the project owners every 2 or 3 years depending on the total number of units in the project. 1 number of units inspection required 5-25 every 2 years 26 or more annually 3. Review the annual financial statement for each project to ensure that they remain viable 4. Notify the Grantee If a project becomes troubled - financially, physically or otherwise and recommend a course of action to ensure continuing compliance with HOME program requirements. The Grantee will be responsible for determining what actions will be taken. 5. Provide information annually to owners/agents regarding correct HOME High and Low rent levels to be used in management of the project. 6. Review and approve requests for rent increases 7. Ensure that the correct utility allowances are used in projects and are subtracted from tenant rents when utilities are paid by tenants. ] 8. Provide information to owners/agents regarding applicable income limits to be used determining tenant eligibility 9. Ensure that the is owner/agent is using the same definition of income for all tenants 10. Ensure that owners/agents determine initial income of tenants using appropriate source documentation 11. Ensure that owners/agents obtain tenant income recertifications annually. 12. Ensure that owners/agents determine tenant incomes every 6th year using source documentation? 13. For projects with more than 5 HOME -assisted units, the Subrecipient will ensure that at least 20% of units are occupied by households below 50% of area median income and bear rents no greater than low HOME rents as per the terms of the HOME Agreement. 14. Ensure that an owner/agent follows an established procedure regarding unit substitution and filling vacancies so that the property remains in compliance with occupancy requirements 15. Ensure that the owner/agent has incorporated the lead safety requirements of Part 35, as applicable, specifically relating to property maintenance and tenant notifications. 16. Ensure that the owner/agent is following the approved affirmative marketing plan and tenant selection policies for projects with five or more HOME -assisted units. At the conclusion of the monitoring visit, the team will discuss the preliminary results of the visit with the owner and property manager to provide an opportunity for the owner and/or site manager to report steps they may already have been taken to address areas of non-compliance or non-performance. The inspector also will provide a brief review of his report. Following the visit the Subrecipient will prepare a written report for each project regarding any findings or concerns resulting from desk and on-site reviews, including any recommendations for corrective action. The Subrecipient will submit the report to the Grantee for review and approval. HOME Subrecipient Agreement Year 42_June 2016 Page 54 After a final review of the test papers and sample documents, a written monitoring report will be sent to the owner/management agent. If the property appears to be in full compliance, this will be noted in the report, and the file will be closed. If concerns and/or findings are cited, a written response from the owner/manager must be submitted to the Office of Strategic Planning within thirty days of the date of the monitoring report. Once the corrective actions are completed and verified, the monitoring staff will send a clearance letter to the owner/manager stating that the findings and/or concerns are closed. If the cited items are not fully addressed, then follow-up actions will be taken by the lead team member. If the owner/project management is still unable to demonstrate compliance, corrective actions, such as meeting with the site manager or offering additional technical assistance (such as written guidance) will be taken by OSP staff • Owner occupied rental housing projects (1 — 4 units) For each owner -occupied rental housing project, the Subrecipient will annually collect information regarding rental unit occupancy, tenant eligibility and rent levels. To ensure compliance with HOME requirements the Subrecipient will - 1. Arrange for on-site inspections by a City of Buffalo building inspector or Supervisor of Building Construction to ensure compliance with property standards and will verify rent, income and occupancy information submitted by the project owners. The Subrecipient will provide a copy of the OSP Guide for Landlords (Attachment D) to each owner to assist in rental unit compliance i 1 number of units 1-4 on-site inspection required every 3 years 2. Contact each owner to discuss any deficiencies in the information reported or other program requirements that need clarification. 3. Prepare a written report documenting any issues that need to be resolved or confirming that the project is in compliance with HOME program guidelines. The Subrecipient will submit the report to the Grantee for review and approval and will transmit the report to the owner for his/her records. 4. If the owner is unable to demonstrate compliance, corrective actions, such as meeting with the owner or offering additional technical assistance (such as written guidance) will be taken by OSP staff • Homebuyer Housing - Annual Owner Occupancy Compliance The Subrecipient will monitor occupancy compliance by mailing letters requiring the return of a signed Certification of Compliance to participating owners. The letters will be mailed "Address Correction Requested — Do Not Forward". An unopened returned letter will lead to a site visit by Subrecipient staff and other actions to determine the current address of the owner. A search of Erie County Clerk records will be undertaken to determine if another local property has been purchased or if a foreclosure action has been initiated. The Subrecipient will also work with the City's CHDO partners to ensure that CHDO sponsored housing remains compliant. In the event of non-compliance, legal options will be explored with subsequent action taken as appropriate. HOME Subrecipient Agreement Year 42_June 2016 Page 55 Activity # 5 — Coordination of URA Acquisition and Relocation actions as applicable. The Subrecipient shall ensure that HOME projects involving acquisition,(including downpayment assistance, conversion, demolition and/or rehabilitation that are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197 (URA), as amended, and Section 104(d) of the Housing and Community Development Act of 1974 comply with the applicable regulations. The Subrecipient will provide technical assistance and guidance to Grantee staff, as well as program partners and applicants, to ensure URA requirements are met. In cases where URA compliance applies, failure to meet the requirements may lead to a determination that HOME funds should not be provided. The Subrecipient will also ensure that the requirements of Section 104(d), including Sec. 42.375 [One-for-one replacement of lower-income dwelling units] are met. The Subrecipient will advise the Grantee regarding all cases where relocation or acquisition is proposed and compliance is required and will ensure that the project file is properly documented, including, but not limited to, inclusion of - 1. a Relocation Plan, if applicable? (May be required under certain HUD program regulations/guidance — e.g., HOPE VI. Please refer to the appropriate regulations for the HUD program being reviewed.) 2. an occupant roster, current at the time of the application, including all of the following information? (If no current roster is available, indicate below the reason, the date of the latest roster, or whether something other than a roster was used.) 3. an occupant list from at least three months prior to the date of application? 4. a comparison of the occupant lists from the time of application and at least three months prior suggest that displacement may have occurred? 5. an explanation of the reasons any persons vacated between application and initiation of negotiations? (Include the names of persons who moved out without receiving notices or assistance below.) 6. a copy of a Move -In Notice for all new occupants that moved into the project since application? 7. information regarding the advisory services that will be/have been offered? 8. copies of the following notices: ■ General Information Notice? [49 CFR 24.203(a)] ■ Notice of Eligibility ■ Notice of Nondisplacement ■ 90 -day Notice ■ 30 -day Notice ■ Notice of Temporary Relocation 9. Notice of Interest 10. Notice of Intent to Acquire 11. evidence that notices were hand delivered or served registered or certified mail, return receipt requested In cases where URA and 104(d) compliance applies, failure to meet the requirements may lead to a recommendation to the Grantee that that HOME funds should not be provided. HOME Subrecipient Agreement Year 42 June 2016 Page 56 Activity # 6 — Management of the HOME Loan Portfolio and Return of Program Income to the Grantee The Subrecipient will manage the existing BURA loan portfolio, including the collection of Program Income from payments made on loans provided through BURA, or the Buffalo Neighborhood Revitalization Corporation (BNRC). The Subrecipient will also provide for the collection of payments on new loans made by the Subrecipient and the receipt and return of such Program Income to the Grantee. Program income includes, but is not limited to: • Proceeds from the sale or long-term lease of real property acquired, rehabilitated or constructed with HOME funds or matching contributions; • Income from the use or rental of real property owned by a PJ, state recipient or subrecipient that was acquired, rehabilitated or constructed with HOME funds or matching contributions, minus the costs incidental to generating that income; • Payments of principal and interest on loans made with HOME or matching funds, and • proceeds from the sale of loans or obligations secured by loans made with HOME or matching contributions; Interest on program income; Recaptured Funds NOTE - Any amount recaptured as a result of a homebuyer property being sold within the affordability period must be used for HOME projects in accordance with all HOME rules. Recaptured funds are a return of original HOME investment and are technically not program income. Therefore, unlike program income, 10 percent of recaptured funds cannot be used for planning and administrative costs. The Subrecipient is not permitted to retain HOME program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with HOME Regulations. Any existing HOME Program Income of BURA shall be remitted to the Grantee upon execution of this agreement. The Subrecipient shall return all future program income generated by HOME Program activities undertaken at any time since the inception of the HOME program to the Grantee within 45 days of the end of the month during which such income was collected. for redistribution by the Grantee. The Subrecipient agrees that any HOME program income on hand when the agreement expires or received after such expiration shall be returned to the Grantee as required by the HOME Regulations. The Subrecipient will provide for all necessary loan servicing actions including, but not limited to the processing of requests from owners for subordinations, forbearance, loan restructuring, lien releases and other loan servicing and program delivery activities. The Subrecipient will provide a bi-annual report (covering each 6 month calendar period from January — June and July — December) regarding the status of all BURNBNRC and City of Buffalo Loans provided through the HOME program. The Subrecipient will follow the policies and procedures provided by the Office of Strategic Planning in the management of the portfolio. HOME Subrecipient Agreement Year 42_June 2016 Page 57 Activity # 7 — Management of the HOME program timeliness deadlines, including the two-year commitment and five or four year expenditure deadlines, as applicable and Implementation of FY 2012 and 2013 HOME Appropriate Requirements The Subrecipient will administer the HOME program to ensure HOME program timeliness deadlines are met, including, but not limited to the deadlines for the commitment and expenditure of HOME funds found at 24 CFR 92.300 (CHDO) and 24 CFR 92.500(d) HOME Investment Trust Fund Reductions and the Consolidated and Further Continuing Appropriations Act of 2012 (P.L 112-55) as provided under CPD Notice 12-007 (Operating Guidance for Implementing FY 2012 HOME Appropriation Requirements) and CPD Notice 14-08 (Operating Guidance for Implementing FY 2012 and FY 2013 HOME Appropriations Requirements). ■ 92.300 Set-aside for Community Housing Development Organizations (CHDO) a.1. Within 24 months after HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnerships Agreement, the participating jurisdiction must reserve not less than 15 percent of the HOME allocation for investment only in housing to be developed, sponsored, or owned by community housing development organizations. For a State, the HOME allocation includes funds reallocated under § 92.451(c) (2) (i) and, for a unit of general local government, funds transferred from a State under § 92.102(b). The funds are reserved when a participating jurisdiction enters into a written agreement with the community housing development organization. The funds must be provided to a community housing development organization, its subsidiary or a partnership of which it or its subsidiary is the managing general partner. If a CHDO owns the project in partnership, it or its wholly owned for-profit or non-profit subsidiary must be the managing general partner. In acting in any of the capacities specified, the community housing development organization must have effective project control. In addition, a community housing development organization, in connection with housing it develops, sponsors or owns with HOME funds provided under this section, may provide direct homeownership assistance (e.g. downpayment assistance) and not be considered a subrecipient. ■ 92.500 The HOME Investment Trust Fund d. 1. Reductions. HUD will reduce or recapture HOME funds in the HOME Investment Trust Fund by the amount of: A. Any funds in the United States Treasury account that are required to be reserved (i.e., 15 percent of the funds) by a participating jurisdiction under § 92.300 that are not reserved for a community housing development organization pursuant to a written agreement within 24 months after the last day of the month in which HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnership Agreement; B. Any funds in the United States Treasury account that are not committed within 24 months after the last day of the month in which HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnership Agreement; C. Any funds in the United States Treasury account that are not expended within five years after the last day of the month in which HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Partnership Agreement; and D. Any penalties assessed by HUD under § 92.552 of this part. ■ IMPLEMENTATION OF FY2012 and FY 2013 HOME APPROPRIATIONS REQUIREMENTS The Subrecipient will ensure that all HOME activities to which funds are committed after August 23, 2013, comply with the 2013 Final Rule requirements as further explained in HUD Notice CPD -14-08, regardless of the grant year (Annual Action Plan Project) year from with the funds are actually disbursed 1. Four -Year Project Completion (24 CFR 205(e)(2) Requirement: If a participating jurisdiction does not complete a project within 4 years of the date of commitment of funds, the project is considered to be terminated and the participating jurisdiction must repay all funds invested in the project to the participating jurisdiction's HOME Investment Trust Fund in accordance with §92.503(b). The participating jurisdiction may request a one-year extension of this HOME Subrecipient Agreement Year 42 June 2016 Page 58 deadline in writing, by submitting information about the status of the project, steps being taken to overcome any obstacles to completion, proof of adequate funding to complete the project, and a schedule with milestones for completion of the project for HUD's review and approval. For the purpose of complying with this requirement, completion shall mean that all necessary construction work has been completed and the project has received a certificate of occupancy or other local certification indicating that construction or rehabilitation has been completed and the project is ready for occupancy. For owner -occupied rehabilitation projects, completion means that all rehabilitation work has been completed, the PJ or its designee has performed a final inspection, and the homeowner has accepted the work, as indicated by a final sign -off. 2. Assessment of Project Underwriting, Developer Capacity and Market Need (24 CFR 250) Before committing funds to a project, the participating jurisdiction must evaluate the project in accordance with guidelines that it has adopted for determining a reasonable level of profit or return on owner's or developer's investment in a project and must not invest any more HOME funds, alone or in combination with other governmental assistance, than is necessary to provide quality affordable housing that is financially viable for a reasonable period (at minimum, the period of affordability in § 92.252 or § 92.254) and that will not provide a profit or return on the owner's or developer's investment that exceeds the participating jurisdiction's established standards for the size, type, and complexity of the project. The participating jurisdiction's guidelines must require the participating jurisdiction to undertake: 1. An examination of the sources and uses of funds for the project and a determination that the costs are reasonable; and 2. An assessment, at minimum, of the current market demand in the neighborhood in which the project will be located, the experience of the developer, the financial capacity of the developer, and firm written financial commitments for the project. 3. For projects involving rehabilitation of owner -occupied housing pursuant to § 92.254(b): i. An underwriting analysis is required only if the HOME -funded rehabilitation loan is an amortizing loan; and ii. A market analysis or evaluation of developer capacity is not required. 3. Six Month Deadline for Sale of Homebuyer Units (Public Law 112-55) Any HOME homebuyer unit that is set up under a 2012 or 2013 Action Plan project that is not sold to an eligible homebuyer within six months of construction completion must be converted to a HOME rental unit or the PJ must repay the HOME Investment. For all other homebuyer projects for which a commitment is executed after August 23, 2013, if there is no ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with §92.252. 4. CHDO Development Capacity (24 CFR 92.300) Funds may not be reserved to a CHDO for development activities unless there has been a determination that the CHDO has staff with demonstrated development experience. The subrecipient will ensure that sufficient information is submitted to document that the current CHDO staff have experience developing projects of a similar size, scope and level of complexity as the activities for which HOME funds are being reserved or committed. The Subrecipient shall submit the following reports to the Grantee for review and discussion: 1. Monthly Progress Reports regarding the status of Open HOME projects, including evaluations of any projects that are nearing completion or have stalled or are behind schedule. 2. Quarterly Reports detailing the results of HOME Multi -family housing monitoring. 3. The subrecipient will update its HOME activities on HUD's Integrated Disbursement & Information HOME Subrecipient Agreement Year 42_June 2016 Page 59 System (IDIS) to complete the Annual Grantee Performance Report submitted for the City's Consolidated Annual Performance & Evaluation Report (CAPER). 4. The subrecipient will review standard IDIS reports with the Grantee on a monthly basis, including the HOME Deadline Compliance, Status of HOME Grants (PR27), Status of HOME Activities (PR222) and others as appropriate. The above reports shall be submitted to the Executive Director of Strategic Planning and shall outline any concerns related to the information provided. The Subrecipient will notify the Grantee of any issues that must be resolved to ensure that applicable deadlines are met. The Subrecipient will also ensure the entry of data a completion of HOME projects within 120 days of the final draw. HOME Subrecipient Agreement Year 42_June 2016 Page 60 0 Activity # 8 — HUD Integrated Disbursement and Information System (IDIS) Data entry, report preparation and reviews, and Funds Disbursement The Integrated Disbursement and Information System (IDIS) OnLine system is sponsored by the Office of Community Planning and Development (CPD) within the Department of Housing and Urban Development (HUD). IDIS OnLine is a real-time, web -based computer application that provides financial disbursement, tracking, and reporting activities for the CPD formula grant programs. IDIS OnLine enables HUD grantees to drawdown program funds and report on the activities and accomplishments outlined in each jurisdiction's Consolidated Plan. IDIS OnLine provides timely performance information regarding accomplishments achieved with the use of program funds, pursuant to the Government Performance and Results Act of 1993 (GPRA) and the specific requirements of the formula programs administered by CPD. IDIS OnLine programs include the, HOME Investment Partnership Program (HOME). The Subrecipient will ensure the accurate entry of information and data to IDIS, including, but not limited to - ■ adding / setting up and editing / updating projects • adding / setting up and editing / updating, activities including the entry of accomplishment data and completion, or cancelation dates • entry of information and data related to the preparation of the Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) Following execution of a HOME Agreement for a specific activity, the Subrecipient will request that the Grantee fund the activity in IDIS. The Subrecipient will prepare an encumbrance package to request that the Grantee fund the activity in IDIS (see sample encumbrance cover page at Exhibit F). The package will include — HUD Release of Funds HOME Designation / IDIS Form • Project Budget • Work Write-up and Specifications, if applicable • Certification that the HOME Agreement has been executed ■ Note and Mortgage After an activity is funded in IDIS and confirmation of funding is sent to the Subrecipient by the Grantee, the Subrecipient will submit draw requests to the Grantee. The Grantee will create a voucher within IDIS and confirm the drawdown amount(s). The Grantee will approve the voucher and disburse the funds to the Subrecipient for release to the owner, developer, or other agent. as appropriate. The Grantee will ensure that the same individual does not request and approve a given draw down in IDIS. The Subrecipient will be responsible for the disbursement of funds for specific HOME activities, and will ensure that HOME Program requirements are met for all programs and projects before the request for disbursement of HOME funds is submitted to the Grantee, HOME funds for eligible expenses for program and project activities will be provided directly to owners, developers, sponsors, CHDOs, and for-profit and not-for- profit entities by the Subrecipient. Project expenses shall be paid by the Subrecipient and the Grantee based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted to the Grantee through the Office of Strategic Planning on forms specified by the Grantee with adequate and proper documentation of eligible costs incurred in compliance with 92.206 and necessary for HUD IDIS disbursement requirements. Effective December 14, 2001, the same person could no longer both request and approve a given draw down in IDIS. The Grantee will establish Subfunds and Subgrants for CHDO activities as appropriate. The Subrecipient will report HOME project completion and beneficiary data for all HOME projects, including initial occupants of rental projects, timely by entering it in IDIS on a regular basis, and will periodically review the status of all projects in the system to identify those that need to be cancelled. The Subrecipient will enter HOME Subrecipient Agreement Year 42_June 2016 Page 61 project completion information into IDIS within 120 days of making a final draw for a project. The Subrecipient recognizes that HUD may suspend further project set-ups or take other corrective actions, if satisfactory project completion data is not provided. For HOME -Assisted Projects, Project Completion means that all necessary title transfer requirements and construction work have been performed; the project complies with the requirements of this part (including the property standards under §92.251); the final drawdown of HOME funds has been disbursed for the project; and the project completion information has been entered into the disbursement and information system established by HUD, except that with respect to rental housing project completion, for the purposes of §92.502(d) of this part, project completion occurs upon completion of construction and before occupancy. Project completion information, including beneficiary data for any occupied units will be entered into IDIS as soon as it is available. Beneficiary data for units that are vacant at the time of project completion will be entered as they are obtained. For homeowner rehabilitation projects, project completion data, including beneficiary data, will be entered as soon as the rehabilitation and final inspections are completed. For homebuyer projects (particularly those involving downpayment assistance with no construction activity), project completion and beneficiary data may be entered at the time that a final draw is made, as total costs, other financing sources, and occupant information are known at that time. If this is not possible, project completion information will be entered immediately after the closing. In instances where information on initial tenants of HOME rental housing units is unavailable and those tenants have already moved, the Subrecipient may instead enter the current tenant's beneficiary data in order to correct the non-compliance in reporting. For homeowner rehabilitation and homebuyer assistance units, only data for the household that was the original beneficiary of the assistance is acceptable. The Subrecipient will draw and format IDIS reports to ensure compliance with IDIS requirements and regulations, including, but not limited to the following standard reports - ■ PR 02 - List of Activities by Program Year and Project ■ PR 05 - Drawdown Report by Project and Activity ■ PR 07 - Drawdown Report by Voucher Number ■ PR 22 - Status of HOME Activities ■ PR 25 - Status of CHDO Funds by Fiscal Year Report ■ PR 27 - Status of HOME Grants Report Reports will be distributed to Subrecipient and Grantee staff as needed or requested. HOME Subrecipient Agreement Year 42_June 2016 Page 62 Activity # 9 - Preparation of the Five Year Consolidated Plan, the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER) The Consolidated Plan is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data -driven, place -based investment decisions. The consolidated planning process serves as the framework for a community -wide dialogue to identify housing and community development priorities that align and focus funding from the four CPD formula block grant programs: the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), the Emergency Solutions Grant (ESG) program, and the Housing Opportunities for Persons with AIDS (HOPWA) program. Key components of the Consolidated Pian include: • Consultation and Citizen Participation. Through the Consolidated Plan (often called the "Con Plan"), grantee jurisdictions engage the community, both in the process of developing and reviewing the proposed plan, and as partners and stakeholders in the implementation of CPD programs. By consulting and collaborating with other public and private entities, grantees can align and coordinate community development programs with a range of other plans, programs and resources to achieve greater impact. • The Consolidated Plan. The 3- to 5 -year Consolidated Plan describes the jurisdiction's community development priorities and multiyear goals based on an assessment of housing and community development needs, an analysis of housing and economic market conditions and available resources. • The Annual Action Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Pian. ■ Consolidated Annual Performance and Evaluation Report (CAPER). In the CAPER, grantees report on accomplishments and progress toward Consolidated Plan goals in the prior year. The Subrecipient shall be responsible for assisting the Grantee in the preparation of the Five Year Consolidated Plan, the Annual Action Plan. Plan Amendments, the Grantee Certifications, the SF 424 Forms and the Consolidated Annual Performance and Evaluation Report (CAPER) in compliance with 24 CFR Part 91 The Subrecipient will coordinate all activities related to the conduct of public hearings, consultations and collaborations with other public and private entities to support preparation of the Plans. The Subrecipient will ensure the collection of all necessary information and data entry into IDIS related to setting up projects for the Annual Action Plan Process and completion of the CAPER. HOME Subrecipient Agreement Year 42 June 2016 Page 63 Exhibit A3 - General Program Requirements Compliance with Revised HOME Regulations The Subrecipient acknowledges that revised HOME Regulations (Regulations) at 24 CFR Part 92 were released on July 24,2013, and as part of its duties and obligations under this Agreement, the Subrecipient agrees to comply with any and all revisions to those Regulations. Changes to the regulations may be found at https://www.federalregister.gov/articles/2013/07/24/2013- 17348/home-investment-partnerships-program-improving-performance-and-accountability-updating-property Whenever the language of this Agreement does not incorporate any and all revisions to the Regulations, the Subrecipient acknowledges that the revised requirements and/or obligations placed upon a Subrecipient shall apply and shall be considered as fully stated herein. Monitoring Handbooks - The Grantee will utilize the CPD Monitoring Handbook 6509.2 (Chapter 7) and revisions, and Monitoring HOME Program Performance (HUD -2030 -CPD, October 2000) to ensure acceptable performance by the Subrecipient in the delivery of HOME programs and administrative activities and certify compliance with HOME regulations. Periods of Affordability - In the delivery and administration of the HOME program, the subrecipient will ensure that housing assisted with HOME funds meets the affordability requirements of 92.252 (rental) and/or 92.254 homeownership as follows: The Subrecipient will be responsible for monitoring compliance with this requirement for all HOME -assisted housing. The terms of the HOME Agreement with each homeowner, homebuyer, owner, developer, CHDO, for-profit or not -for profit agent will require repayment of funds to the Grantee if the HOME -assisted housing does not meet the affordability requirements for the duration of the affordability period. Minimum period of Rental Housing Activity affordability Rehabilitation or acquisition of existing housing per unit amount of HOME funds: Under $15,000 5 years $15,000 to $40,000 10 years Over $40,000 or rehabilitation involving refinancing 15 years New Construction or acquisition of newly constructed housing 20 years The Subrecipient will ensure compliance with the affordability requirements as part of the annual on-site and/or desk monitoring activities undertaken for Rental Housing Minimum period of Homeownership Assistance affordability HOME Amount per Unit Under $15,000 5 years $15,000 to $40,000 10 years Over $40,000 or rehabilitation involving refinancing 15 years HOME Subrecipient Agreement Year 42_June 2016 Page 64 The Subrecipient will monitor occupancy compliance for Homebuyer housing by mailing letters requiring the return of a signed Certification of Compliance to participating owners. The letters will be mailed "Address Correction Requested — Do Not Forward". An unopened returned letter will lead to a site visit by Subrecipient staff and other actions to determine the current address of the owner. A search of Erie County Clerk records will be undertaken to determine if another local property has been purchased or if a foreclosure action has been initiated. The Subrecipient will also work with the City's CHDO partners to ensure that CHDO sponsored housing remains compliant. In the event of non-compliance, legal options will be explored with subsequent action taken as appropriate. Income Targeting The Subrecipient will utilize the definition of annual income found at 24 CFR Part 5 determine the eligibility of applicants to all City of Buffalo homeownership housing programs. The Subrecipient will determine which definition to The Subrecipient will ensure compliance with 24 CFR 92.216 and 92.217 as follows - ■ 92.216 Rental Units The Grantee must invest HOME funds made available during a fiscal year so that, with respect to tenant - based rental assistance and rental units: a. Not Tess than 90 percent of: 1. The families receiving such rental assistance are families whose annual incomes do not exceed 60 percent of the median family income for the area, as determined and made available by HUD with adjustments for smaller and larger families (at the time of occupancy or at the time funds are invested, whichever is later; or 2. The dwelling units assisted with such funds are occupied by families having such incomes; and b. The remainder of: 1. The families receiving such rental assistance are households that qualify as low-income families (other than families described in paragraph (a)(1) of this section) at the time of occupancy or at the time funds are invested, whichever is later; or 2. The dwelling units assisted with such funds are occupied by such households. The Subrecipient will ensure that initial occupancy for newly developed all rental housing is restricted to households earning 60% or less of the median adjusted for family size. For projects with 5 or more units, a minimum of 20% of the HOME -assisted units will be reserved for households earning 50% of the median or less at initial occupancy and throughout the remainder of the affordability period. Note — the Grantee does not support tenant -based rental assistance projects at this time. ■ 92.217 Income Targeting: Homeownership The Subrecipient will ensure that all HOME funds made available during a fiscal year with respect to homeownership assistance are invested only in dwelling units that are occupied by households that qualify as low-income families. The Subrecipient will utilize the definition of annual income found at 24 CFR Part 5 to determine the eligibility of applicants to all City of Buffalo housing programs. Income determinations - 24 CFR Part 92.203 - a) The HOME program has income targeting requirements for the HOME program and for HOME projects. Therefore, the participating jurisdiction must determine each family is income eligible by determining the family's annual income. 1. For families who are tenants in HOME -assisted housing and not receiving HOME tenant -based rental assistance, the participating jurisdiction must initially determine annual income using the method in paragraph (a)(1)(i) of this section. For subsequent income determinations during the period of HOME Subrecipient Agreement Year 42_June 2016 Page 65 affordability, the participating jurisdiction may use any one of the following methods in accordance with § 92.252(h) : I. Examine at least 2 months of source documents evidencing annual income (e.g., wage statement, interest statement, unemployment compensation statement) for the family. Show citation box. ii. Obtain from the family a written statement of the amount of the family's annual income and family size, along with a certification that the information is complete and accurate. The certification must state that the family will provide source documents upon request. iii. Obtain a written statement from the administrator of a government program under which the family receives benefits and which examines each year the annual income of the family. The statement must indicate the tenant's family size and state the amount of the family's annual income; or alternatively, the statement must indicate the current dollar limit for very low- or low-income families for the family size of the tenant and state that the tenant's annual income does not exceed this limit. NOTE - Tenant income 92.252(h). The income of each tenant must be determined initially in accordance with § 92.203(a)(1)(i). In addition, each year during the period of affordability the project owner must re-examine each tenants annual income in accordance with one of the options in § 92.203 selected by the participating jurisdiction. An owner of a multifamily project with an affordability period of 10 years or more who re-examines tenant's annual income through a statement and certification in accordance with § 92.203(a)(1)(ii), must examine the income of each tenant, in accordance with § 92.203(a)(1)(i), every sixth year of the affordability period. Otherwise, an owner who accepts the tenant's statement and certification in accordance with § 92.203(a)(1)(ii) is not required to examine the income of tenants in multifamily or single-family projects unless there is evidence that the tenant's written statement failed to completely and accurately state information about the family's size or income. 2. For all other families (i.e., homeowners receiving rehabilitation assistance, homebuyers, and recipients of HOME tenant -based rental assistance), the participating jurisdiction must determine annual income by examining at least 2 months of source documents evidencing annual income (e.g., wage statement, interest statement, unemployment compensation statement) for the family. b) When determining whether a family is income eligible, the participating jurisdiction must use one of the following two definitions of "annual income": 1. Annual income as defined at 24 CFR 5.609 (except when determining the income of a homeowner for an owner -occupied rehabilitation project, the value of the homeowner's principal residence may be excluded from the calculation of Net Family Assets, as defined in 24 CFR 5.603); or 2. Adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 series for individual Federal annual income tax purposes c) Although the participating jurisdiction may use either of the definitions of "annual income" permitted in paragraph (b) of this section to calculate adjusted income, it must apply exclusions from income established at 24 CFR 5.611. The HOME rents for very low-income families established under § 92.252(b)(2) are based on adjusted income. In addition, the participating jurisdiction may base the amount of tenant -based rental assistance on the adjusted income of the family. The participating jurisdiction may use only one definition for each HOME -assisted program (e.g., downpayment assistance program) that it administers and for each rental housing project. (see 24 CFR 92.203) d) Timing 1. The participating jurisdiction must calculate the annual income of the family by projecting the prevailing rate of income of the family at the time the participating jurisdiction determines that the family is income eligible. Annual income shall include income from all persons in the household. Income or asset enhancement derived from the HOME -assisted project shall not be considered in calculating annual income. HOME Subrecipient Agreement Year 42_June 2016 Page 66 2. The participating jurisdiction is not required to re-examine the family's income at the time the HOME assistance is provided, unless more than six months has elapsed since the participating jurisdiction determined that the family qualified as income eligible. 3. The participating jurisdiction must follow the requirements in § 5.617 when making subsequent income determinations of persons with disabilities who are tenants in HOME -assisted rental housing or who receive tenant -based rental assistance. HOME Subrecipient Agreement Year 42_June 2016 Page 67 Exhibit B — Scope of Services — Budget and Staffing Total funds to be disbursed by BURA for HOME Program Activities, not including future program income is $14,716,901.60 as per the IDIS PR27 Report dated June 16, 2016. Detailed budgets are presented in the Annual Action Plans for each year Fiscal Year Total Authorization Grant Balance 2010 5,073,088.00 631,934.36 2011 4,476,638.00 2,231,894.46 2012 2,772,819.00 2,445,537.10 2013 2,627,890.00 2,365,101.00 2014 2,711,001.00 2,461,319.52 2015 2,398,152.00 2,166,487.16 2.0,059,588.00 12,302,316.60 2016 2,414,585.00 2,414,585.00 estimated award TOTAL 22,474,173.00 14,716,901.60- 4. Contract services may include legal services, Technical Assistance and Financial Accounting Services. Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. [ Matrix Code 21H - HOME Administration/Planning Cost of PJs (subject to 10% Administration Cap) ] Costs allowed under this agreement include reasonable costs of overall program administration, management, coordination, monitoring, and evaluation as defined by 24 CFR 92.207. Such costs include, but are not limited to, necessary expenditures for the following: 1. Staff and overhead costs incurred in the administration of the HOME Program 2. Travel costs incurred for official business in carrying out the program; 3. Administrative services performed under third party contracts or agreements, including such services as general legal services, accounting services, and audit services; 4. Other costs for goods and services required for administration of the program, including such goods and services as rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space; 5. Staff and overhead costs directly related to carrying out the project, such as work specifications preparation, loan processing, inspections, and other services related to assisting potential owners, tenants, and homebuyers; 6. Staff and overhead costs directly related to providing advisory and other relocation services to persons displaced by the project, including timely written notices to occupants, referrals to comparable and suitable replacement property, property inspections, counseling, and other assistance necessary to minimize hardship. These costs may be charged as administrative costs HOME Subrecipient Agreement Year 42_June 2016 Page 68 or as project costs under § 92206 (d) (6) and (f) (2), at the discretion of the Grantee. 7. Public information. The provision of information and other resources to residents and citizen organizations participating in the planning, implementation, or assessment of projects being assisted with HOME funds. 8. Fair housing. Activities to affirmatively further fair housing in accordance with the participating jurisdiction's certification under 24 CFR part 91. 9. Indirect Costs. Indirect costs may be charged to the HOME program under a cost allocation plan prepared in accordance with OMB Circulars A-87 or A-122 as applicable. 10. Preparation of the consolidated plan required under 24 CFR part 91. Preparation includes the costs of public hearings, consultations, and publication. 11. Other Federal requirements. Costs of complying with the Federal requirements in subpart H of this part. Project -specific environmental review costs may be charged as administrative costs or as project costs in accordance with § 92.206(d) (8), at the discretion of the participating jurisdiction. HOME Subrecipient Agreement Year 42_June 2016 Page 69 Subrecipient Staffing - HOME GRANT - STAFFING Salaries will fund the positions listed below. The percentage of time charged to HOME and the positions are an estimate. Staff will complete Cost Allocation Reports on a Bi -Weekly Basis. The HOME Program will be charged for actual hours worked on HOME activities. From time to time, staff may work on activities outside the division for which they are assigned to and may work on more than one HUD Grant Program. Activity 4: Program Delivery - Downpayment Closing Cost Assistance Activity 5: Program Delivery - Rehabilitation Administration Director of Housing (BURA) 27.84% Assistant Grants Monitor 99.59% CAD Specialist HOME 99.99% Supervisor of Building Construction 45.1% Senior Grant Monitor/Accounting Supervisor 64.23% Senior Project Manager 99.85% Loan Specialist Aide 0.22% Deputy Director Housing 75% Housing & Neighborhood Development Specialist II 49.08% Public Works BURA Engineer 1.14% Administration Special Projects Manager 10.62% • Internal Auditor 12.43% Accountant 41.59% BURA Legal Counsel 38.24% Legal Assistant 5.79% Real Estate Manager 53.29% Executive Director 44.17% Senior Computer Operator 0.65% Deputy Director FCA 14.78% Clerical Technician 13.45% Senior Administrative Assist 0.13% Environmental Engineer 5.44% HOME Subrecipient Agreement Year 42_June 2016 Page 70 PR27 HOME Administration Fund Balances as of June 16, 2016 - For Information Purposes Only Fiscal Authorized Amount Year Amount Committed 2008 $457,515.10 $457,515.10 2009 $508,187.60 $508,187.60 2010 2011 2012 2013 $507,308.80 $447,663.80 $277,281.90 $262,789.00 2014 $271,100.10 2015 $239,815.20 Total 511.116.702.90 $507,308.80 $447,663.80 $277,281.90 $262,789.00 $258,712.37 $239,815.20 511.104.315.17 Total 2016 $252,141.00 % Auth Cmtd 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 95.4% 100.0% 99.8% Balance to Commit Total Disbursed $0.00 $457,515.10 $0.00 $508,187.60 $0.00 $507,308.80 $0.00 $447,663.80 $0.00 $277,281.90 $0.00 $262,789.00 $12,387.73 $249,681.48 $0.00 $231,664.84 512.387.73 511.087.133.92 Auth Disb 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 92.0% 96.6% 99.7% Available to Disburse $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $21,418.62 $8,150.36 S29,568.98 Grant Agreement Not Yet Finalized $252,141.00 Total Projected Administrative Amount $281,709.98 HOME Subrecipient Agreement Year 42_June 2016 Page 71 Exhibit C — Other Program Requirements 92.350 Other Federal Requirements a. The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to participants in the HOME program. The requirements of this subpart include: • nondiscrimination and equal opportunity; • disclosure requirements; • debarred, suspended or ineligible contractors; and • drug-free workplace. b. The nondiscrimination requirements at section 282 of the Act are applicable. These requirements are waived in connection with the use of HOME funds on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 Stat.108). 92.351 Affirmative Marketing; Minority Outreach Program a. Affirmative marketing. 1. Each participating jurisdiction must adopt affirmative marketing procedures and requirements for rental and homebuyer projects containing 5 or more HOME- assisted housing units. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. (The affirmative marketing procedures do not apply•to families with Section 8 tenant -based rental housing assistance or families with tenant -based rental assistance provided with HOME funds.) 2. The affirmative marketing requirements and procedures adopted must include: i. Methods for informing the public, owners, and potential tenants about Federal fair housing laws and the participating jurisdiction's affirmative marketing policy (e.g., the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups); ii. Requirements and practices each owner must adhere to in order to carry out the participating jurisdiction's affirmative marketing procedures and requirements (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster); iii. Procedures to be used by owners to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies); iv. Records that will be kept describing actions taken by the participating jurisdiction and by owners to affirmatively market units and records to assess the results of these actions; and v. A description of how the participating jurisdiction will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. 3. A State that distributes HOME funds to units of general local government must require each unit of general local government to adopt affirmative marketing procedures and requirements that meet the requirement in paragraphs (a) and (b) of this section. b. Minority outreach. A participating jurisdiction must prescribe procedures acceptable to HUD to establish and oversee a minority outreach program within its jurisdiction to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, HOME Subrecipient Agreement Year 42_June 2016 Page 72 real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing authorized under this Act or any other Federal housing law applicable to such jurisdiction. Section 85.36(e) of this title describes actions to be taken by a participating jurisdiction to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 92.352 Environmental Review a. General. The environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. b. Responsibility for review. 1. The jurisdiction (e.g., the participating jurisdiction or State recipient) or insular area must assume responsibility for environmental review, decisionmaking, and action for each activity that it carries out with HOME funds, in accordance with the requirements imposed on a recipient under 24 CFR part 58. No funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. 2. A State participating jurisdiction must also assume responsibility for approval of requests for release of HOME funds submitted by State recipients. 3. HUD will perform the environmental review, in accordance with 24 CFR part 50, for a competitively awarded application for HOME funds submitted to HUD by an entity that is not a jurisdiction. 92.353 Displacement, Relocation, and Acquisition a. Minimizing displacement. Consistent with the other goals and objectives of this part, the participating jurisdiction must ensure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of a project assisted with HOME funds. To the extent feasible, residential tenants must be provided a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary, and affordable dwelling unit in the building/complex upon completion of the project. b. Temporary relocation. The following policies cover residential tenants who will not be required to move permanently but who must relocate temporarily for the project. Such tenants must be provided: 1. Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increase in monthly rent/utility costs. 2. Appropriate advisory services, including reasonable advance written notice of: i. The date and approximate duration of the temporary relocation; ii. The location of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; iii. The terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building/complex upon completion of the project; and iv. The provisions of paragraph (b)(1) of this section. c. Relocation assistance for displaced persons. 1. General. A displaced person (defined in paragraph (c)(2) of this section) must be provided relocation assistance at the levels described in, and in accordance with the requirements of the Uniform Relocation HOME Subrecipient Agreement Year 42_June 2016 Page 73 ')Ir' Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR part 24. A "displaced person" must be advised of his or her rights under the Fair Housing Act and, if the comparable replacement dwelling used to establish the amount of the replacement housing payment to be provided to a minority person is located in an area of minority concentration, the minority person also must be given, if possible, referrals to comparable and suitable, decent, safe, and sanitary replacement dwellings not located in such areas. 2. Displaced Person. i. For purposes of paragraph (c) of this section, the term displaced person means a person (family individual, business, nonprofit organization, or farm, including any corporation, partnership or association) that moves from real property or moves personal property from real property, permanently, as a direct result of acquisition, rehabilitation, or demolition for a project assisted with HOME funds. This includes any permanent, involuntary move for an assisted project, including any permanent move from the real property that is made: A. After notice by the owner to move permanently from the property, if the move occurs on or after: 1. The date of the submission of an application to the participating jurisdiction or HUD, if the applicant has site control and the application is later approved; or 2. The date the jurisdiction approves the applicable site, if the applicant does not have site control at the time of the application; or B. Before the date described in paragraph (c)(2)(i)(A) of this section, if the jurisdiction or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the project; or C. By a tenant -occupant of a dwelling unit, if any one of the following three situations occurs: 1. The tenant moves after execution of the agreement covering the acquisition, rehabilitation, or demolition and the move occurs before the tenant is provided written notice offering the tenant the opportunity to lease and occupy a suitable, decent, safe, and sanitary dwelling in the same building/complex upon completion of the project under reasonable terms and conditions. Such reasonable terms and conditions must include a term of at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of: i. The tenant's monthly rent before such agreement and estimated average monthly utility costs; or ii. The total tenant payment, as determined under 24 CFR 5.613, if the tenant is low- income, or 30 percent of gross household income, if the tenant is not low-income; or 2. The tenant is required to relocate temporarily, does not return to the building/complex, and either: i. The tenant is not offered payment for all reasonable out -of- pocket expenses incurred in connection with the temporary relocation; or ii. Other conditions of the temporary relocation are not reasonable; or 3. The tenant is required to move to another dwelling unit in the same building/complex but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move, or other conditions of the move are not reasonable. ii. Notwithstanding paragraph (c)(2)(i) of this section, a person does not qualify as a displaced person if: A. The person has been evicted for cause based upon a serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable federal, State or local law, or other good cause, and the participating jurisdiction determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance. The HOME Subrecipient Agreement Year 42 June 2016 Page 74 effective date of any termination or refusal to renew must be preceded by at least 30 days advance written notice to the tenant specifying the grounds for the action. B. The person moved into the property after the submission of the application but, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, incur a rent increase), and the fact that the person would not qualify as a "displaced person" (or for any assistance under this section) as a result of the project; C. The person is ineligible under 49 CFR 24.2(g)(2); or D. HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. iii. The jurisdiction may, at any time, ask HUD to determine whether a displacement is or would be covered by this rule. 3. Initiation of negotiations. For purposes of determining the formula for computing replacement housing assistance to be provided under paragraph (c) of this section to a tenant displaced from a dwelling as a direct result of private -owner rehabilitation, demolition or acquisition of the real property, the term initiation of negotiations means the execution of the agreement covering the acquisition, rehabilitation, or demolition. d. Optional relocation assistance. The participating jurisdiction may provide relocation payments and other relocation assistance to families, individuals, businesses, nonprofit organizations, and farms displaced by a project assisted with HOME funds where the displacement is not subject to paragraph (c) of this section. The jurisdiction may also provide relocation assistance to persons covered under paragraph (c) of this section beyond that required. For any such assistance that is not required by State or local law, the jurisdiction must adopt a written policy available to the public that describes the optional relocation assistance that it has elected to furnish and provides for equal relocation assistance within each class of displaced persons. e. Residential antidisplacement and relocation assistance plan. The participating jurisdiction shall comply with the requirements of 24 CFR part 42, subpart C. . Real property acquisition requirements. The acquisition of real property for a project is subject to the URA and the requirements of 49 CFR part 24, subpart B. . Appeals. A person who disagrees with the participating jurisdiction's determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person may be eligible, may file a written appeal of that determination with the jurisdiction. A low-income person who is dissatisfied with the jurisdiction's determination on his or her appeal may submit a written request for review of that determination to the HUD Field Office. f. g. 92.354 Labor a. General.. 1. Every contract for the construction (rehabilitation or new construction) of housing that includes 12 or more units assisted with HOME funds must contain a provision requiring the payment of not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 276a -276a-5), to all laborers and mechanics employed in the development of any part of the housing. Such contracts must also be subject to the overtime provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332). 2. The contract for construction must contain these wage provisions if HOME funds are used for any project costs in § 92.206, including construction or nonconstruction costs, of housing with 12 or more HOME - assisted units. When HOME funds are only used to assist homebuyers to acquire single-family housing, and not for any other project costs, the wage provisions apply to the construction of the housing if there is a written agreement with the owner or developer of the housing that HOME funds will be used to assist homebuyers to buy the housing and the construction contract covers 12 or more housing units to be HOME Subrecipient Agreement Year 42_June 2016 Page 75 purchased with HOME assistance. The wage provisions apply to any construction contract that includes a total of 12 or more HOME -assisted units, whether one or more than one project is covered by the construction contract. Once they are determined to be applicable, the wage provisions must be contained in the construction contract so as to cover aII laborers and mechanics employed in the development of the entire project, including portions other than the assisted units. Arranging multiple construction contracts within a single project for the purpose of avoiding the wage provisions is not permitted. 3. Participating jurisdictions, contractors, subcontractors, and other participants must comply with regulations issued under these acts and with other Federal laws and regulations pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. Participating jurisdictions must require certification as to compliance with the provisions of this section before making any payment under such contract. b. Volunteers. The prevailing wage provisions of paragraph (a) of this section do not apply to an individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work. See 24 CFR part 70. c. Sweat equity. The prevailing wage provisions of paragraph (a) of this section do not apply to members of an eligible family who provide labor in exchange for acquisition of a property for homeownership or provide labor in lieu of, or as a supplement to, rent payments. 92.355 Lead-based paint Housing assisted with HOME funds is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, M and R of this title. [64 FR 50224, Sept. 15, 1999] 92.356 Conflict of Interest a. Applicability. In the procurement of property and services by participating jurisdictions, State recipients, and subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. b. Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decisionmaking process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME -assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. c. Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. d. Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: 1. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 2. An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exception is sought would not violate State or local law. HOME Subrecipient Agreement Year 42_June 2016 Page 76 e. Factors to be considered for exceptions. In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: : 1. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; 2. Whether the person affected is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; 3. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; 4. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; 5. Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and 6. Any other relevant considerations. f. Owners and Developers. 1. No owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or non-profit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy a HOME -assisted affordable housing unit in a project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. 2. Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f)(1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the owner's or developer's HOME -assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: i. Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; ii. Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; iii. Whether the tenant protection requirements of § 92.253 are being observed; iv. Whether the affirmative marketing requirements of § 92.351 are being observed and followed; and v. Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. HOME Subrecipient Agreement Year 42_June 2016 Page 77 92.357 Executive Order 12372 - NOT APPLICABLE TO PARTICIPATING JURISDICTIONS a. General. Executive Order 12372, as amended by Executive Order 12416 (3 CFR, 1982 Comp., p. 197 and 3 CFR, 1983 Comp., p. 186) (Intergovernmental Review of Federal Programs) and HUD's implementing regulations at 24 CFR part 52, allow each State to establish its own process for review and comment on proposed Federal financial assistance programs. b. Applicability. Executive Order 12372 applies to applications submitted with respect to HOME funds being competitively reallocated under subpart J of this part to units of general local government. 92.358 Consultant Activities No person providing consultant services in an employer-employee type relationship shall receive more than a reasonable rate of compensation for personal services paid with HOME funds. In no event, however, shall such compensation exceed the limits in effect under the provisions of any applicable statute (e.g., annual HUD appropriations acts which have set the limit at the equivalent of the daily rate paid for Level IV of the Executive Schedule, see the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, Pub. L. 104-204 (September 26, 1996)). Such services shall be evidenced by written agreements between the parties which detail the responsibilities, standards, and compensation. Consultant services provided under an independent contractor relationship are not subject to the compensation limitation of Level IV of the Executive Schedule. HOME Subrecipient Agreement Year 42 June 2016 Page 78 Exhibit D - Affirmative Marketing Policies and Procedures The Subrecipient will ensure that each HOME Agreement prepared and executed for HOME -assistance rental and homebuyer housing containing five or more HOME -assisted units includes the following Exhibit and that the requirements therein are followed. EQUAL HOUSING OPPORTUNITY Affirmative Marketing Policies and Procedures Statement of Policy - In accordance with regulations of the HOME Investment Partnership Program, HOME 24 CFR 92.351 (a), and in furtherance of the City of Buffalo's commitment to non-discrimination and equal opportunity in housing, the Redevelopers have established procedures to affirmatively market the rental units to special populations in need of supportive housing. These procedures are intended to further the objectives of Title VIII of the Civil Rights Act of 1968, Executive Order 1563 and New York State's Human Rights Law. The Redevelopers believe that individuals of similar economic levels in the same housing market area should have available to them a like range of housing choices regardless of their race, creed, color, national origin, sex, disability, religion, age, familial status or marital status. The Redevelopers are committed to the goals of affirmatively marketing, which will be implemented in the HOME Program through specific steps that it will follow. These goals will be reached through the following procedures: Informing the public, potential tenants, and owners about Federal fair housing laws and affirmative marketing policies - The Redevelopers will inform the public and owners about Federal fair housing laws and their affirmative marketing policies. Methods to inform the public and owners will include the use of the Equal Housing Opportunity logo type or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups. Requirements for federally assisted project of 5 or more units will include: • Units must be advertised in the Buffalo News and community newspapers. The fair housing logo or slogan must be included on all advertisements. • The unit owners must also be marketed with agency and community groups that serve low-income households. • The fair housing logo or slogan must be displayed on posters and brochures advertising the units. Special Outreach — To inform and solicit applications from persons in the housing market who are not likely to apply for housing units without special outreach, the following procedures will be required of HOME projects containing 5 or more units: • The Redevelopers will identify which group in the housing market needs special outreach. • The Redevelopers will notify community organizations, churches, fair housing groups, employment centers, education centers, housing counseling agencies and rental agencies that serve low-income households of the housing opportunities. HOME Subrecipient Agreement Year 42 June 2016 Page 79 Record Keeping — The Owner will keep the following records: • Individuals/families that apply for housing • Individuals/families assisted with HOME assisted housing • The Redevelopers will keep records and report data to BURA on the following: racial, ethnic and gender characteristics of applicants that apply and/or receive assistance for HOME assisted units, and household income. • Activities to inform the general public of HOME assisted units; copies of advertisements placed in local newspapers. How applicants heard about the HOME assisted units. Copies of all advertisements, brochures, posters and a list of community contacts. Assessment and corrective actions: BURA will assess the affirmative marketing performance on projects that receive HOME funds for HOME assisted units. BURA will examine agency records to determine if a good faith effort has been made to market the units. If after reviewing the records, BURA determines that persons in the housing market area who were not likely to apply for the housing without special outreach did apply and were assisted, then BURA will assume the marketing procedures were effective. If BURA determines that this did not happen, the Redevelopers and BURA will review the affirmative marketing plan and make adjustments where necessary. Corrective action. The Beneficial Owner will take the following action if BURA determines that they have failed to carry out the affirmative marketing plan or fails to maintain the records on applicants. • The Beneficial Owner will discuss the problem and the ways the agency can improve its affirmative marketing performance and will implement measures to correct the marketing problems. Assessment. BURA will assess the affirmative marketing activities for HOME assisted units of ten or more and prepare a written report as part of its monitoring procedures for the HOME Program. Outreach standards. The Redevelopers Minority/Women Owned Businesses Outreach Policy for HOME funded projects will include minority and women -owned businesses in all contracting activities entered into for HOME assisted activities as stated under the terms of this agreement. The Redevelopers' outreach efforts to minority and women -owned businesses will be based on the following criteria: • Outreach efforts will include a good faith, comprehensive and continuing endeavor to recruit and include MBE/WBE in HOME funded activities. • The Outreach effort will be designed to utilize all available and appropriate public and private sector local resources. HOME Subrecipient Agreement Year 42 June 2016 Page 80 Exhibit E — Records to be Maintained 92.508 Recordkeeping a. General. The Grantee shall establish and maintain sufficient records to enable HUD to determine whether the participating jurisdiction has met the requirements of this part. At a minimum, the following records are needed: 1. Records concerning designation as a participating jurisdiction. [To be maintained by the GRANTEE] i. For a consortium, the consortium agreement among the participating member units of general local government as required by § 92.101. ii. For a unit of general local government receiving a formula allocation of Tess than $750,000 (or less than $500,000 in fiscal years in which Congress appropriates Tess than $1.5 billion for this part), records demonstrating that funds have been made available (either by the State or the unit of general local government, or both) equal to or greater than the difference between its formula allocation and $750,000 (or $500,000 in fiscal years in which Congress appropriates less than $1.5 billion) as required by § 92.102(b). 2. Program records. [To be maintained by the SUBRECIPIENT] i. Records of the efforts to maximize participation by the private sector as required by § 92.200. ii. The forms of HOME assistance used in the program, including any forms of investment described in the Consolidated Plan under 24 CFR part 91 which are not identified in § 92.205(b) including HUD's written approval for any form of assistance not specifically listed in the HOME regulations.. iii. The written underwriting and subsidy layering guidelines adopted by the Grantee in accordance with § 92.250 which support the participating jurisdiction's Consolidated Plan certification . iv. If existing debt is refinanced for multi -family rehabilitation projects, the refinancing guidelines established in accordance with § 92.206(b), described in the Consolidated Plan. v. If HOME funds are used for tenant -based rental assistance, records supporting the participating jurisdiction's Consolidated Plan certification in accordance with 92.209(b), including documentation of the local market conditions that led to the choice of this option; written selection policies and criteria; supporting documentation for preferences for specific categories of individuals with disabilities; and records supporting the rent standard and minimum tenant contribution established in accordance with § 92.209(h). vi. If HOME funds are used for tenant -based rental assistance or rental housing, records evidencing that not less than 90 percent of the families receiving such rental assistance meet the income requirements of § 92.216. vii. If HOME funds are used for homeownership housing, the procedures used for establishing 95 percent of the median purchase price for the area in accordance with § 92.254(a)(2), in the Consolidated Plan. viii. If HOME funds are used for acquisition of housing for homeownership, the resale or recapture guidelines established in accordance with § 92.254(a)(5), in the Consolidated Plan. ix. Records demonstrating compliance with the matching requirements of § 92.218 through § 92.222 including a running log and project records documenting the type and amount of match contributions by project. x. Records documenting compliance with the 24 month commitment deadline of § 92.500(d). xi. Records demonstrating compliance with the fifteen percent CHDO set-aside requirement of § 92.300(a). xii. Records documenting compliance with the ten percent limitation on administrative and planning costs in accordance with § 92.207. HOME Subrecipient Agreement Year 42_June 2016 Page 81 3. Project records. [To be maintained by the SUBRECIPIENT] i. A full description of each project assisted with HOME funds, including the location (address or legal property description), form of HOME assistance, and the units or tenants assisted with HOME funds. ii. The source and application of funds for each project, including supporting documentation in accordance with 24 CFR 85.20; and records to document the eligibility and permissibility of the project costs, including the documentation of the actual HOME -eligible development costs of each HOME -assisted unit (through allocation of costs, if permissible under § 92.205(d)) where HOME funds are used to assist Tess than all of the units in a multi -unit project. iii. Records demonstrating that each rental housing or homeownership project meets the minimum per-unit subsidy amount of § 92.205(c), the maximum per-unit subsidy amount of § 92.250(a), and the subsidy layering and underwriting evaluation adopted in accordance with § 92.250(b).). iv. Records (e.g., inspection reports) demonstrating that each project meets the property standards of § 92.251 at project completion. In addition, during the period of affordability, records for rental projects demonstrating compliance with the property standards and financial reviews and actions pursuant to § 92.504(d).Show citation box. v. Records demonstrating that each family is income eligible in accordance with § 92203. vi. Records demonstrating that each tenant -based rental assistance project meets the written tenant selection policies and criteria of § 92.209(c), including any targeting requirements, the rent reasonableness requirements of § 92.209(f), the maximum subsidy provisions of § 92.209(h), property inspection reports, and calculation of the HOME subsidy. vii. Records demonstrating that each rental housing project meets the affordability and income targeting requirements of § 92.252 for the required period. Records must be kept for each family assisted. viii. Records demonstrating that each multifamily rental housing project involving rehabilitation with refinancing complies with the refinancing guidelines established in accordance with § 92.206(b). ix. Records demonstrating that each lease for a tenant receiving tenant -based rental assistance and for an assisted rental housing unit complies with the tenant and participant protections of § 92.253. Records must be kept for each family. x. Records demonstrating that the purchase price or estimated value after rehabilitation for each homeownership housing project does not exceed 95 percent of the median purchase price for the area in accordance with § 92.254(a)(2). The records must demonstrate how the estimated value was determined. xi. Records demonstrating that each homeownership project meets the affordability requirements of § 92.254 for the required period. xii. Records demonstrating that any pre -award costs charged to the HOME allocation meet the requirements of § 92.212. xiii. Records demonstrating that a site and neighborhood standards review was conducted for each project which includes new construction of rental housing assisted under this part to determine that the site meets the requirements of 24 CFR 983.6(b), in accordance with § 92.202. xiv. Records (written agreements) demonstrating compliance with the written agreements requirements in § 92.504 4. Community Housing Development Organizations (CHDOs) Records. [To be maintained by the SUBRECIPIENT] i. Written agreements committing HOME funds to CHDO projects in accordance with § 92.300(a). ii. Records setting forth the efforts made to identify and encourage CHDOs, as required by § HOME Subrecipient Agreement Year 42 June 2016 Page 82 92.300(b). iii. The name and qualifications of each CHDO and amount of HOME CHDO set-aside funds comm itted. iv. Records demonstrating that each CHDO complies with the written agreements required by § 92.504. v. Records concerning the use of CHDO set-aside funds, including funds used to develop CHDO capacity pursuant to § 92.300(b). vi. Records concerning the use of funds for CHDO operating expenses and demonstrating compliance with the requirements of § 92.208, § 92.300(e) and § 92.300(f). vii. Records concerning the tenant participation plan required by § 92.303. viii. Records concerning project -specific assistance to CHDOs pursuant to § 92.301, including the impediments to repayment, if repayment is waived. 5. Financial records. [To be maintained by the GRANTEE] 1. Records identifying the source and application of funds for each fiscal year, including the formula allocation, any reallocation (identified by federal fiscal year appropriation), and any State or local funds provided under § 92.102(b). ii. Records concerning the HOME Investment Trust Fund Treasury account and local account required to be established and maintained by § 92.500, including deposits, disbursements, balances, supporting documentation and any other information required by the program disbursement and information system established by HUD. iii. Records identifying the source and application of program income, repayments and recaptured funds. iv. Records demonstrating adequate budget control, in accordance with 24 CFR 85.20, including evidence of periodic account reconciliations. 6. Program administration records. [To be maintained by the SUBRECIPIENT] i. Written policies, procedures, and systems, including a system for assessing risk of activities and projects and a system for monitoring entities consistent with this section, to ensure that the requirements of this part are met. ii. Records demonstrating compliance with the written agreements required by § 92.504. iii. Records demonstrating compliance with the applicable uniform administrative requirements required by § 92.505. iv. Records documenting required inspections, monitoring reviews and audits, and the resolution of any findings or concerns. 7. Records concerning other Federal requirements. [To be maintained by the SUBRECIPIENT] i. Equal opportunity and fair housing records. A. Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOME funds. B. Documentation of actions undertaken to meet the requirements of 24 CFR Part 135 which implements section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701u). C. Documentation of the actions the participating jurisdiction has taken to affirmatively further fair housing. HOME Subrecipient Agreement Year 42_June 2016 Page 83 ii. Affirmative marketing and MBE/WBE records. [To be maintained by the SUBRECIPIENT] A. Records demonstrating compliance with the affirmative marketing procedures and requirements of § 92.351. B. Documentation and data on the steps taken to implement the jurisdiction's outreach programs to minority-owned (MBE) and female -owned (WBE) businesses including data indicating the racial/ethnic or gender character of each business entity receiving a contract or subcontract of $25,000 or more paid, or to be paid, with HOME funds; the amount of the contract or subcontract, and documentation of participating jurisdiction's affirmative steps to assure that minority business and women's business enterprises have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. iii. Records demonstrating compliance with the environmental review requirements of § 92.352 and 24 CFR part 58, including flood insurance requirements. iv. Records demonstrating compliance with the requirements of § 92.353 regarding displacement, relocation, and real property acquisition, including project occupancy lists identifying the name and address of all persons occupying the real property on the date described in § 92.353(c)(2)(i)(A), moving into the property on or after the date described in § 92.353(c)(2)(i)(A), and occupying the property upon completion of the project. v. Records demonstrating compliance with the labor requirements of § 92.354, including contract provisions and payroll records. vi. Records demonstrating compliance with the lead-based paint requirements of part 35, subparts A, B, J, K, M and R of this title. vii. Records supporting exceptions to the conflict of interest prohibition pursuant to § 92.356. viii. Debarment and suspension certifications required by 24 CFR parts 24 and 91. ix. Records concerning intergovernmental review, as required by § 92.357. b. States with State Recipients. - NA c. Period of record retention. All records pertaining to each fiscal year of HOME funds must be retained for the most recent five year period, except as provided below. 1. For rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. 2. For homeownership housing projects, records may be retained for five years after the project completion date, except for documents imposing recapture/resale restrictions which must be retained for five years after the affordability period terminates. 3. For tenant -based rental assistance projects, records must be retained for five years after the period of rental assistance terminates. 4. Written agreements must be retained for five years after the agreement terminates. 5. Records covering displacements and acquisition must be retained for five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with § 92.353. 6. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. d. Access to records. 1. The participating jurisdiction must provide citizens, public agencies, and other interested parties with reasonable access to records, consistent with applicable state and local laws regarding privacy and obligations of confidentiality. HOME Subrecipient Agreement Year 42_June 2016 Page 84 2. HUD and the Comptroller General of the United States, any of their representatives, have the right of access to any pertinent books, documents, papers or other records of the participating jurisdiction, state recipients, and subrecipients, in order to make audits, examinations, excerpts, and transcripts. HOME Subrecipient Agreement Year 42_June 2016 Page 85 Exhibit F REQUESTS FOR DISBURSEMENT OF FUNDS PROCEDURE The City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including for- profit owners or developers, nonprofit owners or developers, community housing development organizations (CHDOs), homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 92, and for eligible administrative and operating expenses. Before disbursing any HOME funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will ensure compliance with the requirements of 24 CFR 92.504. It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement for administration, operating costs program delivery and HOME projects and activities shall not exceed 14,716,901.60(not including Program Income) as noted below. The Subrecipient will be responsible for the disbursement of funds for specific HOME activities, and will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee,: BURA may not request that funds be disbursed by the Grantee under this agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Program income must be disbursed before new HOME funds are drawn. Administrative and Program Funds - It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement for administration, operating costs and program delivery shall not exceed $1,200,000.00 (not including Program Income). Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified herein and in accordance with performance. The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a monthly basis. The Subrecipient shall submit duly executed vouchers upon forms which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shall be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. Payroll Notwithstanding the above paragraphs covering payment of general expenses, payment of Subrecipient salaries and wages shall be made on a bi-weekly basis in accordance with Section 18.2 of the Collective Bargaining Agreement between the Subrecipient and Local 815. In the event that the regularly scheduled day of payment is a holiday, payment shall be made upon the day preceding. Program and Project Funds — The Subrecipient will be responsible for the disbursement of funds for specific HOME activities, and will ensure that HOME Program requirements are met for all programs and projects before a request for disbursement of HOME funds is submitted to the Grantee. HOME funds for eligible expenses for program and project activities will be provided to owners, developers, sponsors, CHDOs, and for-profit and not-for-profit entities by the Subrecipient. Program funds available for HOME activities and projects shall not exceed14,716,901.60, not including Program Income. Project expenses shall be paid to BURA by the Grantee based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted to the Grantee through the Office of Strategic Planning on forms specified by the Grantee with adequate and proper documentation of eligible costs incurred in compliance with 92.206 and necessary for HUD IDIS disbursement requirements. All such expenses shall be in conformance to an approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. HOME Subrecipient Agreement Year 42_ June 2016 Page 87 Disbursement of Funds a) HOME funds are issued only as advances for, or reimbursement of, eligible administrative, operating, and project expenses incurred according to an approved project budget. HOME funds disbursed for verified allowable construction or construction -related expenses for any unit shall not exceed the maximum HOME subsidies per unit allowed under 24 CFR 92, or the actual total rehab or development cost of the HOME -assisted units, whichever is lesser. Draw requests must documented by submission of an AIA form or Progress Payment request. Draws for projects other than owner -occupied housing rehab may be subject to standard retention provisions as detailed in the specific HOME Agreement for such Projects. If any funds are due based on this Agreement, the Grantee agrees to issue such funds within a reasonable time after inspection and approval by BURA. A final invoice shall be submitted upon completion. Final payment shall be made after BURA has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, b) The City of Buffalo and/or BURA shall have the right to review and audit all records pertaining to any payment by the Grantee. Said records shall be maintained for a period of five years after completion and final payment Audit and Control will perform a review of all requisitions for allowability as detailed in OMB Circular A-122. Only allowable and reasonable costs will be reimbursed. (As such, all requisition cover sheets should be accompanied by appropriate evidentiary support for allowability, i.e.: invoices, agreements, payroll registers etc.). HOME Subrecipient Agreement Year 42_June 2016 Page 88 PR27 - Status of HOME Grants -June 15, 2016 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total $5,084,000.00 $3.360,000/00 $4.489,999.6e $4.814.000.00 $4.896.000D0 $4797.000.00 $5.175.000.00 $5.580.000.00 $5.582.000.00 $6.213.000.00 *5.880.946.29 $3.062.708.00 $5.663.559.53 $5.174.754.00 $4.824.0e7.00 $4.789.540.00 $4.599.687.00 $5.081.876.00 $5.073.088D0 $4.476.038.00 *2.772.819.00 $2.627.890.00 $2.711.001D0 $2.398.152.00 $109.127,721/47 $508,400.00 $336/000.00 $44e.000.00 $481.400.00 $489.600.00 *479.700.00 $517.500.00 $558.000.00 $558.200.00 $621.300.00 $886/400.00 $527.172.60 $807.704.03 *732.8e7.60 $630,433.10 $608.580.00 $457.515.10 $508.187.60 $e07.308.80 $599.603.80 $351.281.90 $202.789.00 $271.100.10 $239,815.20 *12,450,00943 ATTACHMENT A- PR27 - June 15, 2016 Commitments from Authorized Funds �� $3,006,046.25 59.1% $0l0 $1,5e9,5537e $504,000.00 15/0Y6 $0.00 $2,520,000.00 $673.499.6e 14.9% $0.00 $3.367,500.00 $722.100.00 15.0% *0.00 $3.610.500.00 $734.400.00 15.0% $0.00 $3.672/000.00 $719.550.00 15.0% $0.00 $3.597.750D0 $776.25080 15.0% $0.00 $3.881.250.00 $837.000.00 15.0% $0.00 $4.185/000.00 *837.300.00 15.0% $0D0 $4.180,500.00 $931.850.00 15.0% $0.00 $4.659.7e0D0 $1.398.486.00 23.7% $0.00 $3.590.060.29 *790.758.90 25.8% $0.00 $1.744J76.50 *4,443.950.00 78.4% $0.00 *411.904.90 $1.224.395.39 23.6% $0.00 $3.217.401.01 $2.893,420.69 59.9% $0.00 $1.300,20321 $1.657.327.31 34.6% s0.00 $2.463.638.63 o686.272.65 14.9% $0.00 $3.455.899.25 $1,246.665.00 24.5% $0.00 $3,327,023.40 $1.107.203.00 21.8Y6 $0.00 $3,443,520.64 $700.906.53 15.6% s0.00 *3.121,325.86 $500.506.00 18.0% $0.00 $1.905.960.10 $417.800.00 15.8Y6 $0.00 $1.161,652.22 $426.747.00 15.7Y6 $0.00 $0.00 $0.00 0.0Y6 $0.00 $0.00 $27,836,534.37 24.9% m0.00 $64,399,275.82 HOME Subrecipient Agreement Year 42 June 2016 Page 88 $5,08*,000.00 100.0% $3,360,000l0 100.0Y6 $4,489,999/55 100.0Y6 $4.814.000.00 100.0Y6 s4.890.000.00 100.0Y6 $4.797.000.00 100.0% $5.175.000.00 100.0% $5.580.000D0 100.0% $5.e82.000.00 100.0% $6.213.000.00 100D% $5.880.946.29 100.0% s3.062.708.00 100.0% $5.663.559.53 100.0% $5.174.754.00 100.0% o4.824.057.00 100.0% $4.789.546.00 100.0% $4.599.687.00 100.0Y6 $5.081.876.00 100.0% $5.058.182.44 99.7% $4.421.89619 98.7Y6 $2.757.754.00 99.4% $1.842.2*1.22 70.1Y6 $697.847J0 25JY6 $239.815.20 10.0Y6 $104f085,819.92 95.3% PR27 - Status of HOME Grants - June 15, 2016 ,P:ro ran .9. 'Year"'` 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total cei $0.00 $0.00 $0.00 $0.00 $0.00 $38,602.70 $223,220.28 $147,194.86 $194,939.29 $220,927.73 $339,825.34 $289,651.34 $465,482.95 $206,646.09 $102,532.93 $353,546.77 $369,271.78 $300,858.41 $423,017.89 $194,440.43 $461,35826 $164,504.52 $135,427.20 $268,897.10 $4,900,345.87 Program Income (P1) O IIOC io • . unt 5uba atea to � pmourrt%Comm V e , Ott tl t N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $0.00 $0.00 $13,542.72 $26,32123 $39,863.95 $0.00 $0.00 $0.00 $0.00 $0.00 $38,602.70 $223,220.28 $147,194.86 $194,93929 $220,927.73 $339,825.34 $289,651.34 $465,482.95 $206,646.09 $102,532.93 $353,546.77 $369,271.78 $300,858.41 $423,017.89 $194,440.43 $461,358.26 $164,504.52 $121,884.48 $242,575.87 $4,860,481.92 .:.t7�abur a ewe : i a� Prov . ...._. .'_,,....+�``....s u`" ed' stirsemmte.� . 0.0% $0.00$0.00 $0.00 0.0% 0.0% $0.00 $0.00 $0.00 0.0% 0.0% $0.00 $0.00 $0.00 0.0% 0.0% $0.00 $0.00 $0.00 0.0% 0.0% $0.00 $0.00 $0.00 0.0% 100.0% $38,602.70 $0.00 $38,602.70 100.0% 100.0% $223,220.28 $0.00 $223,220.28 100.0% 100.0% $147,194.86 $0.00 $147,194.86 100.0% 100.0% $194,939.29 $0.00 $194,939.29 100.0% 100.0% $220,927.73 $0.00 8220,927.73 100.0% 100.0% $339,825.34 $0.00 $339,825.34 100.0% 100.0%$289,651.34 $0.00 $289,651.34 100.0% 100.0%$465,482.95 $0.00 $465,482.95 100.0% 100.0% $206,646.09 $0.00 $206,646.09 100.0% 100.0%$102,532.93 $0.00 $102,532.93 100.0% 100.0%$353,546.77 $0.00 $353,546.77 100.0% 100.0% $369,271.78 $0.00 $369,271.78 100.0% 100.0%8300,858.41 $0.00 $300,858.41 100.0% 100.0%$423,017.89 $0.00 $423,017.89 100.0% 100.0%$194,440.43 $0.00 $194,440.43 100.0% 100.0% 8461,35826 $0.00 $461,358.26 100.0% 100.0% $164,504.52 $0.00 $164,504.52 100.0% 99.9% $121,884.48 $0.00 $121,884.48 99.9% 100.0%$242,575.87 $0.00 $242,575.87 100.0% 100.0% $4,860,481.92 80.00 $4,860,481.92 100.0% HOME Subrecipient Agreement Year 42 June 2016 Page 89 PR27 -Status of HOME Grants -June 15, 2016 1992 $5,004,000l0 *5,142743.80 1993 $3.360.000.00 $3.389J56.00 1994 $4,489.999.65 m4.576760.99 1995 $4.814.000.00 $4.858.896.39 1996 $4.890.000.00 $4.896.000.00 1997 $4787.000.00 $4.797.000.00 1998 $5.175.000.00 $5.175.000.00 1999 $5.580.000.00 $e.580.000.0O 2000 $5,582.000.00 ue.582.000.O0 2001 $0,213.000.00 $6.213.000.0O 2002 s5,880.94629 s5.880.946.29 2003 u3,062.708.00 $3.450.313.95 2004 $5,663,559.53 $6.150.406.97 2005 $5.174.754.00 $5.977.69670 2006 $4.824.0e7.00 $4.824.0e7.00 2007 $4J89.546D0 $4.789.546.00 2008 $4.599.687D0 *4.599.687.00 2009 $5.081.876.00 $5.308.321.14 2010 $5.073.088.00 $4.441.113.64 2011 $4,476.638.00 $2,244,743.54 2012 $2772.819.00 $327.281.90 2013 $2,627.8e0.00 $262.78eD0 2014 *2711.001.00 $249.68148 2015 *2.898.152.00 $231.664.84 Total $109,127,721/47 $98,050,406.63 Disbursements from Treasury Account ($58,743.80) ($29,756.00) (n80J61.34) ($39.896.59) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($393,605.95) ($486.847.44) ($802.942J0) $0.00 $0.00 $0.00 ($226.445.14) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($2,124,908'76) $5,084,000.00 $3,360,000.0 $4.489.939.65 $4,814,000l0 $4,896/000.00 s4J97,000l0 $5.175.000.00 $5.580.000.00 $5.582.00080 *8.213.000.00 $5,880,946.29 $8.062.708.00 $5.003.559.53 $5.174.754.00 $4.824.057.00 s4.789,546.00 $4.599.687.00 *5.081.876.00 $4,441,113.64 $2,244,743.54 $327.281.90 $262.789.00 $249.081.48 $231.664.84 $96/825,407.87 �Iiw��������������� I $5,084,000l0 100DY6 $0l0 $3,360,000.00 100.0% $0.00 o4,489,999.65 100.0Y6 $0.00 $4.814/000.00 100uY6 $0.00 *4.896.000.00 100.0Y6 $080 *4.797.000D0 100.0Y6 $080 $5.175.000.00 100.0Y6 s080 $5.580.000.00 100.0Y6 $0.00 *5.582.000.00 100.0Y6 $0.00 s6.213.000.00 100.0Y6 $0.00 o5.880,94629 100.0Y6 $0.00 $3.002,/08.00 100.0% $0.00 $5.663.559.53 100.0% $0.00 $5.174.754.00 100.0% $0.00 $4.824.057.00 100.0Y6 $0.00 s4.789.546.00 100.0Y6 $0.00 $4.593.687.00 100.0% $0.00 $5.081.870.00 100.0% $0.00 $4.441.113.64 87.5% $631.974.88 $2.244743.54 50.1% $2.231.894.46 $327.281.90 118% $2,445.53710 *262.789.00 108% $2.365.101.00 $249.681.48 9.2% $2.461.819.52 $231.664.84 9.6% $2.1e0.487.1e $96,825/007J87 88.7%_ $12,302,313.60 HOME SubrecipientAgreement Year 42 June 2016 Page 90 PR27 - Status of HOME Grants -June 15, 2016 1992 *508,400l0 1993 $336.000.00 1994 $449,000.00 1995 $481/00.00 199e $489.000.00 1997 $479.70080 1998 $517.500.00 1999 $558.000.00 2000 $558.200.00 2001 $621.300D0 2002 $619.200.00 2003 $527.172.60 2004 $545.04810 2005 $505.305.60 2006 $476.333J0 2007 $472.882.00 2008 $457.515.10 2009 *508.187.60 2010 *507.808.80 2011 $447.603.80 2012 $277.281.e0 2013 $262.789.00 2014 *271.100.10 2015 $239.81520 Total $11,116,702.90 Total 2016 $252,141.00 $508,400.00 $336,000.00 $44e,000.00 $4e1.400.00 $489.600.00 $479.700.00 *517.500.00 s558.000.00 $558.200.00 $621.300.00 $619.200.00 $527.172.60 $545,048.10 *505.305.60 $476,333.10 $472.882.00 $457.515.10 *508.187.60 $507.308.80 $447.668.80 $277,281.e0 $262.789.00 $258.712.37 $239,815.20 $11,104,315.17 Administrative Funds (AD) .��� Ltd�� 100�Y6' $0.00 $508:400.00 100.0Y6 s0.00 100.0%' $0.00 $330.000.00 100.0Y6 $0D0. 100.0Y6' *0.00 $449.000.00 1008Y6 $0.00 100.0% I" $0.00 *481.400.00 1O0.oY6 $0.00 1OO.O��^ *O�O0 �48S.�VO.0O 100.0% $0.00 100.0% ' *V�00 *479.700.00 100.0%$0.001OO.V��^ $�.VV $517.500.00 100DY6 $0.00 100.0% I' $0.00 $558.000.00 100.0Y6 s0.00 100.0%^ $0.00 $558,200.00 100DY6 $0.00 100.0Y6k $0.00 *621.300.00 100.0Y6 $0.00 100.0Y6~ $0.00 $619,200.00 100.0% $0.00 1008% `- $V�00 $e27.17��O0 100.0%*O.Vo 1OO.nY6` sV.00 $545,048.10 100.0% .0 1OV.0Y6� �V�OO $505.305.60 100.0% 0.00 100.O��` $ O��0 $476,333.10 100.0%� n0�VO 100.0%$0.0O s472.882.00 100.0%�O.O0 1VO.0Y6" $0.00 $457,515.10 100.0% $0 1OO.VY6� $0.00 $508.187.60 100.0%*O�O0 100.0Y6~ $0.00 s507.800.80 100.0Y6 $0.00 100.0Y6^ $0.00 $447.663.80 100DY6 $0.00 100DY6" $0.00 *277.281.90 100.0Y6 $0.00. 100.0Y6` $V�OO $202.789.00 100.0%$V�VO 95.4% $12.387J3 $249.681.48 92.0%$u1.418.02 100.0%$0.0O *231.664.84 96.6% $D.��o.uU 99.8% $12,387.73 $11,087,133.92 99.7%u29�5����8 Grant Agreement Not Yet Finalized �52�1.00 Total Administrative Funds Available through 2016-2017 Program Year - Projected $281,709.98 HOME SubrecipienAgreement Year 4a_June zO10 Page 91 Attachment B. Goals and Performance Measures The Subrecipient will be responsible for program delivery and administering HOME Program activities provided in the City of Buffalo Consolidated Plans covering the period of May 1, 2008 through April 30, 2013, respectively (City HOME Programs) Levels of Accomplishment — Goals and Performance Measures - The levels of accomplishment to be used in reporting are housing units created or rehabilitated and persons or households assisted, The Subrecipient shall also track funds leveraged from other non -HOME sources for multi- family housing development projects and homebuyer activities. The Subrecipient agrees to provide program services as detailed in the Program Delivery Activities described in Exhibits Al and A2 which contain specifics as to deliverables required of the Subrecipient. The HOME Program goals and performance measures as more fully described and listed in each of the City's Annual Action Plans and are summarized below — Obj 2008 - Table 3A - Summary of Specific Annual Objectives Specific Objectives Rental Housing Objectives H1 Develop and apply market and neighborhood sensitive housing rehabilitation strategies H3 Develop new affordable housing in priority areas and develop new market rate housing ** Represents units developed using Fannie Mae loan funds and repaid with CDBG — 210 Ellicott Project H7 Repayment of Fannie Mae Loan — See H3 above - Owner Housing Objectives H1 Develop and apply market and neighborhood sensitive housing rehabilitation strategies H3 Develop new affordable housing in priority areas and develop new market rate housing H4 Homeownership — Encourage new homeowners for existing residential buildings pursuant to the Livable Communities Initiatives' "Revitalize" and "Reinforce" neighborhoods H5 Support the rebuilt/reorganized assisted and affordable service delivery system H6 Remove lead based paint hazards H7 Repayment of Fannie Mae Loan — See H3 Rental Housing H8 Housing efforts in the NRSA HOME Subrecipient Agreement Year 42_June 2016 Sources of Funds Performanc e Indicators CDBG # units HOME HOME and Fannie Mae Expected Actual Outcome/ Number Number Objective # units 40 ** Fannie Mae # units CDBG # units HOME HOME # units CDBG # units HOME CDBG NA HOME Lead Grant # units CDBG # units CDBG # units HOME Page 92 139 5 included in H4 11 included in H1 NA 49* included in H1 16* included in H1 DH -2 DH -1 DH -2 DH -1 1 DH -2 DH -1 DH -2 DH -2 DH -3 DH -2 DH -1 1 DH -2 2008 - Table 3B - ANNUAL AFFORDABLE HOUSING COMPLETION GOALS Expected Annual Number of Units To Be Completed BENEFICIARY GOALS (Sec. 215 Only) Homeless households Non -homeless households Special needs households Total Sec. 215 Beneficiaries* RENTAL GOALS (Sec. 215 Only) Acquisition of existing units Production of new units - Fannie Mae repayment - 210 Delaware Project 1 Rehabilitation of existing units I Total Sec. 215 Affordable Rental HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units - * included in Rehab Units (below) Production of new units Rehabilitation of existing units Homebuyer Assistance Total Sec. 215 Affordable Owner COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Production of new units Rehabilitation of existing units Homebuyer Assistance Combined Total Sec. 215 Goals* OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) IAnnual Rental Housing Goal 1 Annual Owner Housing Goal 1 Total Overall Housing Goal HOME Subrecipient Agreement Year 42_June 2016 198 40 8 48 3* 5 139 6 150 45 147 6 198 48 150 198 Page 93 Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPWA ❑ 1 ❑ ❑ ❑ ❑ 1 ❑ 1 ❑ 1 ❑ ❑ ❑ 1 ❑ 1 ❑ ❑ ❑ 1 ❑ 1 ❑ ❑ 1 ❑ ❑ ❑ I❑1® ❑ 1 ❑ ® ❑ 0 0 ❑ ❑ ❑ 1 ❑ ❑ ®El I El I ❑ I ® 1 I ❑ ❑ I ❑ 1 ❑ 1 ❑ ❑ ❑ I ❑ ❑ ❑ ❑ 1 ❑ ❑ ❑ 1 I ❑ ❑ 1 ❑ 1 ❑ 1 ❑ 1 ❑ ❑ ❑ 1 ❑ 1 ❑ 1 ❑ ❑ 1 ❑ 1 ❑ 1 ❑ ❑ 1 ❑ Obj # 2009 - Table 3A- Summary of Specific Annual Objectives - 2009 Specific Objectives Sources of Performanc Expected Actual Outcome/ Funds e Number Number Objective Indicators * Rental Housing Objectives H1 Develop and apply market and CDBG # units DH -2 neighborhood sensitive housing HOME rehabilitation strategies H3 Develop new affordable housing in HOME and # units 12 DH -1 priority areas and develop new Fannie Mae DH -2 market rate housing ** Represents units developed using Fannie Mae loan funds and repaid with CDBG — 210 Ellicott Project H7 Repayment of Fannie Mae Loan — Fannie Mae # units DH -1 See H3 above - Owner Housing Objectives H1 Develop and apply market and CDBG # units 205 DH -2 neighborhood sensitive housing HOME rehabilitation strategies H3 Develop new affordable housing in HOME # units DH -1 priority areas and develop new DH -2 market rate housing H4 Homeownership — Encourage new CDBG # units 44 DH -2 homeowners for existing residential HOME buildings pursuant to the Livable Communities Initiatives' "Revitalize" and "Reinforce" neighborhoods H5 Support the rebuilt/reorganized CDBG NA NA DH -3 assisted and affordable service HOME delivery system H6 Remove lead based paint hazards Lead Grant # units ** 42 DH -2 included in H1 + H4 H7 Repayment of Fannie Mae Loan — CDBG # units DH -1 See H3 Rental Housing H8 Housing efforts in the NRSA CDBG # units 26 DH -2 HOME H9 Program administration - housing CDBG NA NA DH -3 HOME HOME Subrecipient Agreement Year 42_June 2016 Page 94 2009 - Table 3B — Annual Affordable Housing Completion Goals Grantee Name: Program Year: BENEFICIARY GOALS (Sec. 215 Only) Non -homeless households Special needs households Total Sec. 215 Beneficiaries* RENTAL GOALS (Sec. 215 Only) Acquisition of existing units Production of new units — Total Sec. 215 Affordable Rental HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units — CHDO + NRSA Acq/Rehab/Resale Production of new units Rehabilitation of existing units HOME Rehab + Emergency Programs Homebuyer Assistance — ADDI/DPCC Total Sec. 215 Affordable Owner Expected Actual Annual Annual Number Number of I Resources used during the period of Units Units To Be Completed CDBG HOME ESG HOPWA Completed III 287 12 12 13 225 37 275 COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units I 13 Production of new units I 12 Rehabilitation of existing units I 225 Homebuyer Assistance I 37 Combined Total Sec. 215 Goals* 1 287 OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal IAnnual Owner Housing Goal ITotal Overall Housing Goal HOME Subrecipient Agreement Year 42_lune 2016 El El El ❑ 12 0 ® 0 0 275 ® ® 0 0 287 0 0 0 0 Page 95 2010 - Table 3A - Summary of Specific Annual Objectives — 2010 Obj Specific Objectives Sources of Performanc Expected Actual Outcome/ # Funds a Number Number Objective Indicators Rental Housing Objectives H3 Develop new affordable rental HOME # units 12 DH -1 housing in priority areas and DH -2 encourage maintenance of existing rental housing stock Owner Housing Objectives H1 Develop and apply market and CDBG # units 181 DH -2 neighborhood sensitive housing HOME rehabilitation strategies for owner occupied housing H4 Homeownership — Encourage new CDBG # units 27 DH -2 homeowners for existing residential HOME buildings pursuant to the "Revitalize", "Reinforce" and "Rebuild" neighborhood strategies of the Livable Communities Initiative H5 Support the rebuilt/reorganized CDBG NA NA DH -3 assisted and affordable service HOME delivery system H6 Remove lead based paint hazards Lead Grant # units ** 70 DH -2 and/or included in HOME H1, H3,H4, H7 H7 Housing efforts in the NRSA CDBG # units 19 DH -2 HOME H2 Remove the blighting influence of City Bond NA NA DH -3 dilapidated structures Funds HOME Subrecipient Agreement Year 42_June 2016 Page 96 2010 - Table 3B — Annual Affordable Housing Completion Goals Grantee Name: Program Year: BENEFICIARY GOALS (Sec. 215 Only) Homeless households Expected Actual Annual Annual Number Number of Resources used during the period of Units Units To Be Completed CDBG HOME ESG HOPWA Completed Non -homeless households 239 Special needs households Total Sec. 215 Beneficiaries* RENTAL GOALS (Sec. 215 Only) ❑ 0 ® I El ❑ I ❑ ❑ i ❑ Acquisition of existing units 0 I ❑ I 0 Production of new units — 12 0 1 M ❑ Rehabilitation of existing units 0 I D I 0 I 0 Total Sec. 215 Affordable Rental 12 0 0 I ❑ I 0 HOME OWNER GOALS (Sec. 215 Only)_ Acquisition of existing units — 7 0 CHDO Activities Rehabilitation of existing units 200 ® M HOME Rehab + CDBG Emergency Programs Homebuyer / Homeowner 20 ® ® 0 Assistance — NRSA Programs Total Sec. 215 Affordable Owner 227 0 I 0 0 I 0 COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units 7 0 I ® I 0 I Production of new units 12 ❑ I ® I 0 I Rehabilitation of existing units 200 ® I ® 0 I 0 Rental Assistance 0 I 0 I 0 Homebuyer / Homeowner 20 ® ® 0 Assistance Combined Total Sec. 215 Goals* 239 0 0 0 0 OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) I Annual Rental Housing Goal 12 I 0 ® 0 I 0 Annual Owner Housing Goal 227 ® ® 0 1 0 Total Overall Housing Goal ' 239 0 0 I 0 1 0 HOME Subrecipient Agreement Year 42_June 2016 Page 97 c` 2011 - Table 3A - Summary of Specific Annual Objectives Obj Specific Objectives Sources of Performanc Expected Actual Outcome/ # Funds a Number Number Objective Indicators Rental Housing Objectives H3 Develop new affordable rental HOME # units 20 housing in priority areas and encourage maintenance of existing rental housing stock Owner Housing Objectives DH -1 DH -2 H1 Develop and apply market and CDBG # units 218 DH -2 neighborhood sensitive housing HOME rehabilitation strategies for owner occupied housing H4 Homeownership — Encourage new CDBG # units 26 DH -2 homeowners for existing residential HOME buildings pursuant to the "Revitalize", "Reinforce" and "Rebuild" neighborhood strategies of the Livable Communities Initiative H5 Support the rebuilt/reorganized CDBG NA NA assisted and affordable service HOME delivery system H6 Remove lead based paint hazards H7 Housing efforts in the NRSA H2 Remove the blighting influence of dilapidated structures HOME Subrecipient Agreement Year 42_June 2016 Lead Grant # units ** 115 and/or included in HOME H1, H3,H4, H7 CDBG # units 49 HOME City Bond NA NA Funds Page 98 DH -3 DH -2 DH -2 DH -3 2011 - Table 3B -- Annual Affordable Housing Completion Goals Grantee Name: Program Year: Expected Annual Actual Resources used during the Number of Units Annual period To Be Completed Number of Units CDBG HOME ESG HOPWA Completed BENEFICIARY GOALS (Sec. 215 Only) Homeless households ❑ ❑ ❑ ❑ Non -homeless households 313 ® ® ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* 313 ® ® ❑ ❑ RENTAL GOALS (Sec. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units 20 ❑ ® ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Rental 20 I ❑ ® ❑ ❑ HOME OWNER GOALS (Sec. 215 Only) Acquisition/rehab/resale of existing 6 ❑ units — CHDO Activities Production of new units 1 ❑ ❑ Rehabilitation of existing units - 254 Z 1E1 HOME Rehab + CDBG Emergency Programs Homebuyer Assistance — DPCC 20 ® ❑ Programs Homebuyer Assistance — NRSA 13 ❑ ® ❑ Programs Total Sec. 215 Affordable Owner 293 ® ® ❑ ❑ COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units 6 ❑ ® ❑ Production of new units 20 ❑ ® ❑ Rehabilitation of existing units 254 ® ® ❑ ❑ Rental Assistance ❑ ❑ ❑ Homebuyer/Homeowner Assistance 33 ® ® ❑ Combined Total Sec. 215 Goals* 313 ® ® ❑ ❑ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable HOME Subrecipient Agreement Year 42_June 2016 Page 99 J� Housing) Annual Rental Housing Goal 20 ❑ ® ❑ ❑ I Annual Owner Housing Goal 293 ® ® ❑ ❑ I Total Overall Housing Goal 313 ® ® 0 0 HOME Subrecipient Agreement Year 42_June 2016 Page 100 2012 - Table 3A - Summary of Specific Annual Objectives Obj Specific Objectives Sources of Performance Expected Actual Outcome/ Rental Housing Objectives H1 Support code enforcement and board up or demolition of vacant deteriorated residential property Funds Indicators Number Number Objective CDBG # units H3 Construct and/or renovate housing HOME # units for owners and renters - RENTAL 671 7 DH -3 DH -1 DH -2 Owner Housing Objectives H2 Assist homeowners with emergency CDBG # units 66 DH -2 repairs HOME H3 Construct and/or renovate housing HOME # units 25 DH -1 for owners and renters — OWNERS Owner -occupied housing rehab and CHDO acquisition/rehab/resale TOTAL UNITS — Rental + Owner I 1 98 HOME Subrecipient Agreement Year 42_June 2016 Page 101 DH -2 Table 3B — 2012 -- Annual Affordable Housing Completion Goals Grantee Name: Program Year: BENEFICIARY GOALS (Sec. 215 Only) Homeless households Non -homeless households I Special needs households I Total Sec. 215 Beneficiaries* I RENTAL GOALS (Sec. 215 Only) I Acquisition of existing units I Production of new units Rehabilitation of existing units Rental Assistance Total Sec. 215 Affordable Rental HOME OWNER GOALS (Sec. 215 Only) Acquisition/rehab/resale of existing units — CHDO Activities Production of new units 1 Expected Annual Actual Resources used during the Number of Units Annual period To Be Completed Number of Units CDBG HOME ESG HOPWA Completed 1 1 0 1 00 98 IEl 1 E ❑ 1 7 0 I 0 0 I❑ 12 �o0 O 0 98 7 3 O I El ❑ 1 1 ❑ 1 Rehabilitation of existing units - 88 El El HOME Rehab + CDBG Emergency Programs Homebuyer Assistance — DPCC Programs Homebuyer Assistance — NRSA Programs Total Sec. 215 Affordable Owner COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition/rehab of existing units 3 1 0 1 El Production of new units 7 1 0 1 El I Rehabilitation of existing units 88 1 ® 1 El Rental Assistance 0 ❑ Homebuyer/Homeowner Assistance 0 El 1 Combined Total Sec. 215 Goals* 98 El El OVERALL HOUSING GOALS (Sec. 215 + Other Affordable I Ei 011 0 O IE:1 1 H 91 ® ® I ❑ ❑ HOME Subrecipient Agreement Year 42_June 2016 Page 102 0 0 ❑ 1 I Housing) Annual Rental Housing Goal 7 ❑ 0 ❑ ❑ I Annual Owner Housing Goal 91 ® ® ❑ ❑ I Total Overall Housing Goal 98 ® ® ❑ ❑ HOME Subrecipient Agreement Year 42_June 2016 Page 103 ADD TABLES 3B FOR 2013-2014 AND 2014-2105 TO BE ADDED HERE 2013 - Table 3A - Summary of Specific Annual Objectives Obj Specific Objectives Sources of Performance Expected Actual Outcome/ # Rental Housing Objectives Funds Indicators Number Number Objective H1 Develop new affordable rental HOME # units 50 housing in priority areas and encourage maintenance of existing rental housing stock H3 Construct and/or renovate housing HOME # units for owners and renters - RENTAL Owner Housing Objectives 4 DH -3 DH -1 DH -2 H2 Assist homeowners with emergency CDBG # units 46 DH -2 repairs HOME H3 Construct and/or renovate housing HOME # units 20 DH -1 for owners and renters — OWNERS Owner -occupied housing rehab and CHDO acquisition/rehab/resale TOTAL UNITS — Rental + Owner 120 HOME Subrecipient Agreement Year 42_June 2016 Page 104 DH -2 Table 3B — 2013 -- Annual Affordable Housing Completion Goals Grantee Name: Program Year: BENEFICIARY GOALS (Sec. 215 Only) Homeless households Non -homeless households Special needs households Total Sec. 215 Beneficiaries* RENTAL GOALS (Sec. 215 Only) Acquisition of existing units Expected Annual Actual Number of Units Annual To Be Completed Number of Units Completed Production of new units 50 Rehabilitation of existing units Rental Assistance Total Sec. 215 Affordable Rental 50 HOME OWNER GOALS (Sec. 215 Only) Acquisition/rehab/resale of existing 4 units — CHDO Activities I Production of new units Rehabilitation of existing units - 66 HOME Rehab + CDBG Emergency Programs IHomebuyer Assistance — DPCC Programs Homebuyer Assistance — NRSA Programs Total Sec. 215 Affordable Owner 50 COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition/rehab of existing units I 4 IProduction of new units 1 50 1 Rehabilitation of existing units 1 66 1 Rental Assistance 1 Homebuyer/Homeowner Assistance Combined Total Sec. 215 Goals* 120 1 OVERALL HOUSING GOALS (Sec. 215 + Other Affordable HOME Subrecipient Agreement Year 42_June 2016 Page 105 Resources used during the period CDBG HOME ESG HOPWA 0 0 00 1Z IZI o 0 0 0 o io El IZI 10 10 1 o io io o i 0 o io to �� 0 � 0 El ❑ ❑ 1 1 El El 0 I® 0 0 I® I 0 ® I® I❑ ❑ ❑ 10 1 0 ® I® 1 0 ® I® 1❑ ❑ Housing) Annual Rental Housing Goal 50 ❑ Annual Owner Housing Goal 70 I Total Overall Housing Goal 120 HOME Subrecipient Agreement Year 42_June 2016 Page 106 ❑ ❑ ❑ ❑ ❑ ❑ Obj 2014 - Table 3A - Summary of Specific Annual Objectives Specific Objectives Sources of Performance Expected Actual Outcome/ Funds Indicators Number Number Objective Rental Housing Objectives H1 Develop new affordable rental HOME # units 20 housing in priority areas and encourage maintenance of existing rental housing stock H3 Construct and/or renovate housing HOME # units for owners and renters - RENTAL Owner Housing Objectives 1 1 1 2 DH -3 DH -1 DH -2 H2 Assist homeowners with emergency CDBG # units 95 DH -2 repairs HOME H3 Construct and/or renovate housing HOME # units 35 DH -1 for owners and renters — OWNERS Owner -occupied housing rehab and CHDO acquisition/rehab/resale TOTAL UNITS — Rental + Owner HOME Subrecipient Agreement Year 42_June 2016 I I 152 Page 107 DH -2 Table 3B — 2014 -- Annual Affordable Housing Completion Goals Grantee Name: Program Year: BENEFICIARY GOALS (Sec. 215 Only) Homeless households INon -homeless households ISpecial needs households Total Sec. 215 Beneficiaries* RENTAL GOALS (Sec. 215 Only) Acquisition of existing units Production of new units Rehabilitation of existing units Rental Assistance Total Sec. 215 Affordable Rental HOME OWNER GOALS (Sec. 215 Only) Acquisition/rehab/resale of existing units — CHDO Activities Production of new units Rehabilitation of existing units - HOME Rehab + CDBG Emergency Programs Homebuyer Assistance — DPCC Programs Homebuyer Assistance — NRSA Programs Total Sec. 215 Affordable Owner COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition/rehab of existing units Production of new units Rehabilitation of existing units Rental Assistance Homebuyer/Homeowner Assistance Combined Total Sec. 215 Goals* Expected Annual Actual Resources used during the Number of Units Annual period To Be Completed Number of Units CDBG HOME ESG HOPWA Completed HOME Subrecipient Agreement Year 42_June 2016 35 1 35 ❑ ❑ ❑ ❑ ® ® ❑ ❑ O 0 ❑ ❑ ® I® I I O 1❑ 1 C O I® 0 ❑ I❑ 0 0 O I❑ ❑ ❑ I® 0 0 2 0 I 1 1 I 115 El El 115 2 35 115 152 Page 108 El 0 O Z El El I 0 a Z O El O 0 El I El IZ I0 i I °0 0 0 0 OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal 35 0 0 0 0 Annual Owner Housing Goal 117 ® ® 0 0 Total Overall Housing Goal 152 ® ® 0 0 HOME Subrecipient Agreement Year 42_June 2016 Page 109 Attachment C. The Request for Proposal Process — HOME Program Funds Acquisition, Construction, or Rehabilitation of Rental or Homebuyer Housing Projects The City of Buffalo Office of Strategic Planning (OSP) will allocate HOME program funds within eligible categories as part of the Annual Action Plan and Consolidated Plan submission. Specific HOME -Assisted acquisition, construction, or rehabilitation of rental or homebuyer housing projects may be selected for funding through an RFP process. A. The City of Buffalo OSP, through the Buffalo Urban Renewal Agency (BURA), will issue Requests For Proposals for projects to be considered for funding under the federal HOME investment Partnerships Program. The Requests will consist of a description of activities eligible to be funded, an application, and a listing of the evaluation criteria. A notice of the release of the RFP will be published in at least one newspaper of general circulation, and the RFP will be posted on the City of Buffalo web site. The deadline for proposal submission will be included in these announcements. Requests will be issued for Community Housing Development (CHDO) projects, and for other HOME eligible activities, such as new construction of single or multi- family housing and affordable rental housing. B. OSP/BURA staff may provide technical assistance to interested parties up to one week in advance of the proposal due date. C. Proposals must be received in Room 315, City Hall, Buffalo, New York by the published due date. Any proposals received after the announced deadline will be ineligible for consideration, unless arrangements have been made prior to the application due date. D. A team or teams of OSP, City of Buffalo and/or BURA staff members will be convened to review proposals and ensure that applicants have proposed eligible activities. A standard evaluation form will be used to assess all proposals, based on the criteria identified in the RFP. Through this evaluation process, the review team(s) will establish recommendations. E. The review team leader will meet with the Mayor and/or his designated representative to review the recommendations and will obtain approval or amend these recommendations. F. Applicants will receive written notice, indicating the level of support, if any, which will be awarded. Participation in further discussion regarding the outcomes of the application process will be at the discretion of review team members and City administration. G. Funds for those projects that have received approval will be made available upon approval by the City of Buffalo and the execution of a signed agreement between the City and the Applicant/Project Sponsor. The H. The RFP process, subsequent reviews and analyses will be coordinated and managed by BURA as the administering agent for City of Buffalo entitlement funds. Note - Funding requests received after the annual RFP process will be evaluated by the appropriate review team and additional funding recommendations will be made on a monthly basis, contingent upon the availability of funds. The City of Buffalo Office of Strategic Planning also reserves the right to directly allocate funds to major projects that support the Annual Action Plan and the Consolidated Plan Strategy or other community development initiatives. HOME Subrecipient Agreement Year 42_June 2016 Page 110 Attachment D. HOME Program Project Underwriting — Minimum File Requirements Acquisition, Construction, Rehabilitation of Rental or Homebuyer Housing Projects The following items shall be included in the underwriting file for HOME -assisted acquisition, construction or rehabilitation of rental or homebuyer housing projects. There may be additional items required that are not included on this list to clarify information included in the standard application. The Subrecipient shall follow all OSP policies and procedures with respect to project underwriting for aII applicants, including CHDOs. 1. A copy of the HOME Application or proposed project plan. The application must include information regarding the entire development team, their resumes and experience as specified in the Application Package. The City of Buffalo may ask for references. The complete City of Buffalo/Urban Renewal Agency application for non -owner occupied projects is available at http://www.city-buffalo.com/files/1_2_1/city_departments/SPlanning/HomeApplication2011/Application.pdf 2. For multi -family projects, the Subrecipient may complete the HUD/HOME Multifamily template completed based on the application. A narrative may be required to describe rents and utilities used as well as other funding considerations and/or restrictions. 3. For multi -family projects, the application must include — a. a full description of the project to be considered with as much detail as the Subrecipient deems necessary. Information about the structure to be rehabilitated, age, condition (if applicable), whether any demolition is proposed, the proposed rehabilitation activities, the present tenant population and copies of the appropriate relocation notices as prescribed by the URA. b. Unit break down and mix with description of the other funder requirements c. Zoning progress and density issues for a quick start to construction. d. Construction features and amenities. e. Current or proposed ownership information including partners, structure and liabilities and documentation of similar projects completed and operational to demonstrate the financial capabilities of the developer. f. Complete and current information regarding proposed funding sources and uses. i. A spreadsheet identifying the Sources and Uses of Funds ii. Copies of commitments from all other non -HOME lenders or sources g. The types of funding to be included and their regulatory requirements h. Timing of subsidy i. Timeline for the project and funding request j. Plans and specifications reviewed and approved by the Department of Inspections along with construction costs and the Description of Materials form k. Experience and capacity of the development team I. An analysis of similar past projects m. Contingent liabilities n. An analysis of neighborhood market conditions including information regarding nearby projects, demand and projects presently under construction o. Present rent roll if presently occupied p. Operating proforma and lease up budget to determine if the project can meet its obligations q. Financial resources of the developer to meet the obligations and any cost overrun. HOME Subrecipient Agreement Year 42_June 2016 Page 111 r. The following Attachments may be included: i. Application H. Board approval hi. Financial commitments iv. Developer Proformas v. Appraisals vi. Market study vii. Verification of deposit or line of credit viii. Survey of land ix. Site plan approval and zoning x. Availability of utilities xi. Soil tests 4. The file will also include the following analyses - a. An assessment of developer capacity and fiscal soundness b. Cost allocation analysis of the funding sources and ratios to determine HOME caps and limits. This analysis will reflect that the HOME funds are being used for eligible costs and reasonable expenses c. Subsidy Layering Analysis, as appropriate d. IRR and cash on cash return analysis, including a list of any issues and concerns and any correspondence to provide clarification 5. The recommendation regarding whether the project should go forward and the results of the presentation to the City of Buffalo review committee. HOME Subrecipient Agreement Year 42_June 2016 Page 112 ATTACHMENT E 2014 GUIDE FOR LANDLORDS City of Buffalo HOME Housing Rehab Program Rental Property Requirements Apartment units in properties that have been renovated or constructed using federal HOME funds must be occupied by low-income or moderate -income families during the period of affordability. In addition, the rent charged for each apartment cannot exceed the HOME program limits, and the property must be well-maintained. The City of Buffalo is required to periodically confirm that apartments are rented, and that tenants qualify under the HOME program income guidelines. As a landlord, to comply with the HOME Program rules you must — 1. Rent the apartment unit(s) to low-income or moderate -income families. When a family first rents the apartment, you must collect information about their income. Each year thereafter, the renter family must sign a form "recertifying" or stating that their income is still below the HOME limit. Every six years, you must collect new documentation about the family's income. A list of income information that may be needed, depending on the family's income sources is attached. A copy of the recertifying form that should be signed by the tenant each year is also attached. You should keep a separate file that contains the application to rent the apartment, and documentation regarding the family's income. A copy of the income limits for different family sizes is attached. 2. Keep the rents affordable for low-income and moderate -income families. A chart with the rent limits for different sized apartments is attached. The rents that are listed are for apartments where utilities are paid by the landlord. If the tenant pays the utilities, the rent must be lower. 3. Maintain the property in good condition during the term of the mortgage. 4. Provide a lease for a term of at least one year, unless both you and the tenant agree on a shorter term. The lease may not contain certain provisions (see next page for this information). All of these requirements and terms and conditions will be reviewed with you for your particular apartment unit at the time that the City monitor visits your property. Attachments - HOME Program Income Limits HOME Program Rent Limits Tenant Income Documentation List HOME Program Tenant Lease - Prohibited Terms Multi -family Rental Housing - Tenant Characteristics and Rent Report HUD Tenant Income and Statistical Report HOME Subrecipient Agreement Year 42_June 2016 Page 113 HOME Program Income Limits Effective date -June 6, 2016 for HOME Funded Programs - Extremely Very Low Low Income Low Income Income ** 30% of family size ** 80% of median 60 % of median ** 50% of median median 1 $37,700 $28,320 $23,600 14,150 2 $43,100 $32,340 $26,950 16,200 3 $48,500 $36,360 $30,300 18,200 4 $53,850 $40,380, $33,650 20,200, 5 $58,200 $43,620 $36,350 21,850 6 $62,500 $46,860 $39,050 23,450 7 $66,800 $50,100 $41,750 25,050 8 $71,100 $53,340 $44,450 26,700 http http://www.h udexchange.info/resource/reportmananagement/published//HOM E_inc omeLmts_State_NY_2016.pdf 2016 HOME Program Rent Limits - INCLUDING UTILITIES - effective June 6, 2016 Number High of HOME Low HOME bedrooms Rent Limit Rent Limit 0 $ 589 $ 589 1 $ 626 $ 626 2 $ 755 $ 755 3 $ 959 $ 880 4 $ 1,098 $ 982 5 $ 1,263 $ 1,083 httos://onecpd.info/reports/NOME RentLimits State NY 2016.pdf ** Low HOME Rents are the rent levels applicable to the units set aside as 50% of Median Income Units At initial occupancy, all HOME assisted units must be occupied by households with incomes at or below 60% of the area median based on household size. In HOME projects with five or more assisted units, at least 20% of the HOME -assisted rental units must be occupied by families that have an annual income of 50% or less of the areawide median as established by HUD. These tenants must occupy units with rents set at or below the Low HOME Rent level. If you have questions regarding your obligations as a landlord, please contact - Office of Strategic Planning Division of Compliance -- 716-851-4236 HOME Subrecipient Agreement Year 42_June 2016 Page HOME Rental Housing Programs - Documentation List Current documentation, as applicable, must be provided for all individuals who live with you who are 18 years of age or older. Please provide, as applicable, documentation of your GROSS income — ❑ the last eight consecutive pay statements covering a minimum of two months received from each employer (full and part time), including any Reserve Duty or National Guard income, for any and all household members who are employed. Note - These pay statements may cover an eight week period if the applicant is paid every two weeks. ❑ a complete copy of your last year's federal tax return - i.e. the 1040 form, w-2 statements and all schedules which were submitted with the return. This must be submitted for all applicants who are under 65 years of age who must file based on their total income. If you are working with an elderly client who has only income from Social Security (no pensions or any other source of income), we will not require a copy of the tax return. ❑ your Social Security Award letter stating your monthly benefit for the current year (not more than 12 months old) - if you do not have a recent copy, call Social Security at 1-800-772-1231 and ask them to send you a copy of your current monthly benefit statement. ❑ your Supplemental Security (SSI or SSD) Award letter stating your monthly benefit for the current year (not more than 12 months old) - if you do not have a recent copy, call Social Security at 1-800- 772-1231 and ask them to send you a copy of your current monthly benefit statement ❑ your current monthly gross pension benefit pay statement (check receipt) (not more than 6 months old) ❑ your current Public Assistance benefit statement (and, for any new housing or down payment and closing cost assistance program applicant, an acknowledgement from your caseworker that you have notified Social Services of your intent to purchase a home and a copy of the terms and conditions of any liens which they might attach to the property for benefits paid) ❑ your current gross monthly or biweekly Railroad Retirement, and/or Veteran's benefit statement ❑ if you are divorced or legally separated, a complete copy of your divorce decree or separation agreement. If you are separated, but not legally, additional information regarding your marital status will be required. ❑ court ordered support letters, for dependent children or for you. ❑ current unemployment benefit statements - including the starting date of payments HOME Subrecipient Agreement Year 42 June 2016 Page Income Documentation Requirements — continued ❑ current disability benefit statements - including the starting date of payments and any information regarding the continuation or termination of payments ❑ if you have children who (will) live in the house with you and who do not appear on your tax return, please provide birth certificates or a custody agreement ❑ if you are self employed, an itemized Income and Expense statement for the most recent quarter YTD, in addition to your filed complete federal tax returns for the last three years. In some cases, we may request an audited Profit and Loss statement. ❑ your most recent bank statement for any and all accounts for all household members - if the account is held with another individual who is not a member of your household, please provide evidence (for example, a copy of the driver's license) that that individual does not reside with you. ❑ If you are not now employed, [i.e. receiving unemployment or workman's compensation], or have no income at all at this time and are currently totally dependent on another household member for your support, BUT have had income from any source within the past 12 month period, please provide a written, documented, accounting of income received during that period. For example - ■ November 12, 2010 - March 13, 2010 - not employed, no income from any source • March 14, 2010 - July 7, 2010 - seasonal work with XYZ Landscaping (attach statement of total earnings provided by the XYZ, or all pay stubs for period) • July 8, 2010 - October 27, 2010 - worked part time with ABC Cab (attach statement of total earnings provided by the ABC, or all pay stubs for period) • October 27, 2010 to the present - unemployed, not eligible for unemployment because (quit job, released from job, did not work long enough to qualify for benefits...) ❑ if you are not now employed, have no income at all at this time, have had no income from any source for the past twelve months, and are currently totally dependent on another household member for your support, please provide a detailed, handwritten. legible, notarized affidavit - specific language to be provided by the CBO ❑ Please note — The documentation noted above is a general description of the information that must be submitted in support of your application for financial assistance. Additional information may be requested if the information submitted is not sufficient to accurately determine household income. HOME Subrecipient Agreement Year 42_June 2016 Page HOME Program Regulations - Sec. 92.253 - Tenant and participant protections: a. Lease. The lease between a tenant and an owner of rental housing assisted with HOME funds must be for not Tess than one year, unless by mutual agreement between the tenant and the owner. b. Prohibited lease terms. The lease may not contain any of the following provisions: 1. Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; 2. Treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with State law; 3. Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent; 4. Waiver of notice. Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant; 5. Waiver of legal proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; 6. Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury; 7. Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and 8. Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. c. Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted with HOME funds except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable Federal, State, or local law; for completion of the tenancy period for transitional housing; or for other good cause. To terminate or refuse to renew tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action at least 30 days before the termination of tenancy. d. If there are five or more rental units in your building, then — • Tenant selection. An owner of rental housing assisted with HOME funds must adopt written tenant selection policies and criteria that: • Are consistent with the purpose of providing housing for very low-income and low-income families; • Are reasonably related to program eligibility and the applicants' ability to perform the obligations of the lease; • Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and • Give prompt written notification to any rejected applicant of the grounds for any rejection. HOME Subrecipient Agreement Year 42 June 2016 Page 1 1 II' CII' City of Buffalo - Multi -family Rental Housing - Tenant Characteristics and Rent Report Project Name Low or utilities number % of area High date of last paid by TOTAL of median Race unit HOME Tenant Last income no. tenant? monthly tenant subsidy RENT persons income - See number Rent? Name certification BRs max rent York N unit rent contribution amount CHARGED in unit see Chart Hispanic? Chart Property Address Period Covered HOME Subrecipient Agreement Year 42 June 2016 Page 118 2016 HUD TENANT INCOME AND STATISTICAL REPORT - Complete a separate sheet for each apartment in the subject property Subject Property Address - Property description - Racial Data - Ethnicity Data - Total RENTAL units before rehab Total OCCUPIED RENTAL units before rehab Total RENTAL units after rehab Number of bedrooms in this rental unit Rental Unit Location - Upper American Indian / Alaskan Native Black / African American Hispanic or Latino The tenant's yearly gross income relates to the following family income scale Circle the household/family size and select the income category on the Household Size Is your income Tess than - If NO, is your (1) one person $14,150 ( ) yes ( ) no (2 ) two persons $16,200 ( ) yes ( ) no (3 ) three persons $18,200 ( ) yes ( ) no (4 ) four persons $20,200 ( ) yes ( ) no (5 ) five persons $21,850 ( ) yes ( ) no (6) six persons $23,450 ( ) yes ( ) no ( 7 ) seven persons $25,050 ( ) yes ( ) no (8) eight persons $26,700 ( ) yes ( ) no $23,600 $26,950 $30,300 $33,650 $36,350 $39,050 $41,750 $44,450 ()yes( ()yes( ( ) yes ( ) yes ( ()yes( ()yes( ()yes( ()yes( Lower Asian White Not Hispanic or Latino Total VACANT rental units before rehab Front house Rear house Native Hawaiian /Asian/Pacific Islander Multi Racial - Select two categories from those listed same line that is applicable to that size household - income Tess than -- ) no ) no ) no ) no ) no no ) no ) no $28,320 $32,340 $36,360 $40,380 $43,620 $46,860 $50,100 $53,340 If NO, is it less than -- If NO, is it Tess than -- () yes ()no () yes ()no () yes ()no () yes ()no () yes ()no () yes ()no () yes ()no () yes ()no (EL - Extremely Low Income) (VL - Very Low Income) (60% of Median) My monthly rent is $ Is the head of household -- $37,700 $43,100 $48,500 $53, 850 $58,200 $62,500 $66,800 $71,100 ( ) yes ( ) yes ( ) yes ( ) yes ( ) yes ( ) yes ( ) yes ( ) yes (LM - Low/Moderate Income) ( ) no ( ) no ( ) no ( ) no ( ) no ( ) no ( ) no ( ) no Utilities included - ( ) yes ( ) no Total number of persons living in the apartment - ( ) yes ( ) no - 65 year of age or older ( ) yes ( ) no - Disabled or handicapped ( ) yes ( ) no - Female ( ) yes ( ) yes ( ) yes ( ) no - single individual, non -elderly ( ) no - single parent with dependent children ( ) no - two parents with dependent children I attest to the fact that I am the head of the household / tenant occupying a place of residence at the above property address and that I am aware that the above information will be used exclusively for reporting to the Federal Department of Housing and Urban Development, in compliance with Section 104(d) of the Act at 24 CFR 570.906 with all subsequent revisions. I agree to provide supporting documentation, if requested, as further evidence of compliance with federal regulations. HOME Subrecipient Agreement Year 42_June 2016 Page 119 L Revised 06/05/2016Attachment F - PR22 — Open Encumbered Activities — June 15, 2016 HOME Subrecipient Agreement Year 42_June 2016 Page 120 Tenure Type Activity Type Rental Rental Rental Rental Rental Rental Rental Rental Rental Rental Rental Rental Rental Rental Rental Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer homebuyer Homebuyer Homebuyer Homebuyer homebuyer Homebuyer Homebuyer homebuyer Homebuyer Homeow ner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner Homeowner NEW NEW NEW NEW NEW REHABILITATION R&IABILRATION R131ABILfTA11ON REHABILITATION REHABILITATION RB-ABILfTATION ACOUISmON ACQUISITION AND ACQUISmON AND ACQUISITION AND ACQUISITION AND ACQUISff10N AND ACQUISITION AND ACONSf11ON AND ACQUISITION AND ACQUISTf10N AND ACQUISITION AND ACQUISITION AND ACQUISITION AND ACQUISITION AND ACQUISITION AND ACQUISITION AND ACQUISf110N AND ACQUISI ION AND ACQUISmON AND ACQUISITION AND ACQNSmON AND REHABILITATION REHABILITATION REHABILITATION REHABILITATION REHABILITATION REHABILITATION REHABILITATION REIABILFTATION REHABILITATION RE-IABUTATION RE IABILITA11ON REHABILITATION REHABILITATION RE-tABILITATION REHABILITATION REHABILITATION A8HABILITATION IDS Activity Address Activity 8251 335 Massachusetts Ave , Buffab NY, Open 8494 2017 Bailey Ave , Buffalo NY, 14211 Corrpleted 8503 179 Lemon St , Buffalo NY, 14204 Completed 8890 528 Genesee St , Buffalo NY, 14204 Open 9096 240 Kensington Ave , Buffalo NY, Open 9098 270 Niagara St , Buffab NY, 14201 Open 9099 368 Broadway St , Buffalo NY, 14204 Open 8249 238 Ontario St , Buffab NY, 14207 Completed 8250 186 Ener St , Buffalo NY, 14201 Completed 8888 393 Massachusetts Ave , Buffalo NY, Open 8889 347 E Ferry St , Buffalo NY, 14208 Open 9095 993 Kensington Ave , Buffalo NY, Open 9100 769 Best St , Buffalo NY, 14211 Open 3962 775 Main St , Buffalo NY, 14203 Canceled 8493 1607 Hertel Ave , Buffalo W, 14216 Completed 7120 3819th St , Buffalo NY, 14213 Completed 7123 11019th St , Buffalo NY, 14213 Completed 7124 11319th St , Buffalo W, 14213 Completed 7510 160 Brunsw ick Blvd , Buff ab NY, Rnal Draw 7804 82 Wakefield Ave , Buffalo NY, 14214 Completed 8252 175 Laurel St , Buffalo NY, 14208 Open 8253 260 Laurel St , Buffalo NY, 14208 Open 8254 207 Laurel St , Buffalo NY, 14208 Open 8255 309 Riley St , Buffalo W, 14208 Open 8256 260 Northampton St , Buffalo NY, Open 8495 160 Brunswick Blvd ,Buffalo NY, Canceled 9061 245 Dearborn St , Buffab NY, 14207 Open 9063 928 Fillmore Ave , Buffalo NY, 14211 Open 9064 933 Fillmore Ave , Buffalo NY, 14211 Open 9065 21 S Ryan St , Buff ab NY, 14210 Open 7494 877 Woodlawn Ave , Buff ab NY, Completed 7495 883 Woodlawn Ave , Buffalo NY, Completed 7496 886 Woodlaw n Ave , Buffalo NY, Conpleted 9062 174 East St , Buffalo NY, 14207 Open 3864 928 Humboldt Pkwy , Buffalo NY, Open 5264 245 Humboldt Pkwy , Buffab NY, Open 7094 91 Fernhill Ave , Buffalo NY, 14215 Open 7224 111 Hamilton St , Buffalo NY, 14207 Completed 8998 47 Inter Park Ave , Buffalo NY, 14211 Open 8999 632E Utica St , Buffalo NY, 14211 Open 9000 70 Benwood Ave , Buff ab NY, 14214 Open 9023 105 Victoria Ave , Buffalo NY, 14214 Open 9073 193 Victoria Ave , Buffab NY, 14214 Completed 9074 103 Wakefield Ave , Buffalo NY, Open 9092 152 Mulberry St , Buffalo NY, 14204 Canceled 9093 316 Riley St , Buffalo NY, 14208 Open 9094 186 laurel St , Buffalo NY, 14208 Open 9271 52 Fairchild R , Buffalo NY, 14216 Open 9272 14 Parkview Ave , Buffalo NY, 14210 Open 9273 210 Newburgh Ave , Buffalo NY, Open 9274 25 Ideal St , Buffalo NY, 14206 Open 9275 42 208 Northelagd,AYe , Buffalo NY, Open -20 301 o Bird AveU,lBuurtaio na , i vz i a open Activity Status M3'Ps9rE"Subreci ie la ement Y homeownerBILITA ION 9 Status Date 05/09/16 Total Home Fundin Units Units g Date 0 0 06/27/12 12/17/15 8 11/13/15 49 05/23/16 0 07/30/15 0 06/13/16 0 06/14/16 0 06/23/15 68 06/25/15 292 04/11/16 0 05/23/16 0 05/31/16 0 06/03/16 0 0.00 67 03/05/16 138 01/30/16 1 01/30/16 1 01/30/16 1 05/09/16 2 12/18/15 1 06/13/16 0 06/13/16 0 06/13/16 0 06/13/16 0 06/13/16 0 06/23/15 0 06/03/16 0 12/15/15 0 12/15/15 0 12/15/15 0 03/23/16 1 03/23/16 1 03/23/16 1 06/13/16 0 07/08/03 0 09/21/07 2 09/21/10 2 01/30/16 1 05/23/16 0 08/07/15 0 10/19/15 0 03/30/16 0 03/05/16 1 01/14/16 1 05/14/16 1 05/02/16 1 02/08/16 2 04/14/16 1 04/12/16 1 04/25/16 1 04/12/16 1 05/21/16 1 �v[uis 1 Committed Am ount $322,817.00 8 07/30/13 $976,362.00 16 07/31/13 $2,750,000.00 0 01/29/15 81,453,950.00 0 07/30/15 $1200,000.00 0 07/30/15 $400,000.00 0 07/30/15 $750,000.00 68 06/27/12 $1,500,000.00 20 06/28/12 $1,635,000.00 0 01/28/15 $375,000.00 0 01/28/15 $1,500,000.00 0 07/30/15 $743,000.00 0 07/30/15 $1,100,000.00 11 03/08/02 $826,517.64 25 08/02/13 $700,000.00 1 01/08/09 $37,549.19 1 01/08/09 $53,795.75 1 01/08/09 $65,417.42 2 02/25/10 9415,118.00 1 10/21/10 $159,960.71 0 06/28/12 $247,709.00 0 06/28/12 $295,130.00 0 06/28/12 8247,709.00 0 06/28/12 $405,175.00 0 06/28/12 9439,186.00 0 07/31/13 $0.00 0 06/10/15 $415,150.00 0 06/29/15 $414,900.00 0 06/29/15 $262,900.00 0 06/29/15 8239,500.00 1 02/25/10 $239,272.32 1 02/25/10 $227,054.15 1 02/25/10 8231,225.77 0 06/29/15 $261,000.00 1 11/14/01 $35,000.00 2 04/08/05 $56,325.00 2 12/15/08 $44,950.00 1 06/03/09 $26,405.00 0 03/26/15 $29,266.00 0 03/26/15 $29,235.00 0 06/30/15 $18,229.00 0 05/20/15 $56,602.00 1 06/30/15 $31,595.00 1 06/30/15 $33,716.00 1 07/23/15 $0.00 1 07/23/15 $40,002.00 1 07/23/15 $37,347.02 1 04/14/16 $44,790.00 1 04/12/16 $40,070.00 1 04/25/16 $26,220.00 1 04/12/16 $16,980.00 1 05/21/16 $34,300.00 1 04/21/16 $32,800.00 Cr awn Amount PCT $306,676.15 95.00% $976,362.00 100.00% $2,750,000.00 100.00% $1,130,477.65 77.75% $0.00 0.00% $240,000.00 60.00% $0.00 0.00% $1,500,000.00 100.00% $1A35,000.00 000.00 100.00% $356,250.00 95.00% $1,124,355.00 74.96% $426,570.30 57.41% $246,122.17 22.37% $826,517.64 100.00% $700,000.00 100.00% $37,549.19 100.00% $53,795.75 100.00% $65,417.42 100.00% $415,118.00 100.00% $159,960.71 100.00% $121,383.97 49.00% $145,770.33 49.39% $117,933.82 47.61% $98,806.25 24.39% $75,849.38 17.27% $0.00 0.00% $1,783.49 0.43% $4,763.51 1.15% $5,486.61 2.09% $4,005.63 1.67% $239,272.32 100.00% $227,054.15 100.009‘ $231,225.77 100.00% $5,162.40 1.98% $13,078.00 37.37% $38,875.00 69.02% $39,920.00 88.81% $26,405.00 100.00% $26,841.00 91.71% $28,985.00 99.14% $14,154.00 77.65% $52,45200 92.67% $31,595.00 100.00% $32,296.00 $0.00 $39,752.00 $29,956.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 95.79% 0.00% 99.38% 80.21% 0.00% 0.00% 0.00% 0.00% ° °0%Page 121 o.00% Attachment F - PR22 — Open Encumbered Activities — September 10 , 2014 HOME Subrecipient Agreement Year 42_June 2016 Page 122 0�> Tenure Type Rental Rental Rental Rental Rental Rental Rental Rental Rental Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homebuyer Homeowner Rehab Homeowner Rehab Homeowner Rehab Homeowner Rehab Homeowner Rehab Activity Type NEW CONSTRUCTION NEW CONSTRUCTION NEW CONSTRUCTION REHABILITATION REHABILITATION REHABILITATION REHABILITATION ACQUISITION ONLY ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQUISITION AND REHAB ACQAND NEW CONSTR ACQAND NEW CONSTR ACQAND NEW CONSTR REHABILITATION REHABILITATION REHABILITATION REHABILITATION REHABILITATION IDIS Activity 8251 8494 8503 8165 8249 8250 8262 3962 8493 7120 7121 7122 7123 7124 7510 7804 8252 8253 8254 8255 8256 8495 7494 7495 7496 3864 5264 7094 7224 8006 Activity Address 335 Massachusetts Ave , Buffalo NY, 14213 2017 Bailey Ave , Buffalo NY, 14211 179 Lemon St , Buffalo NY, 14204 101 Bakos Blvd , Buffalo NY, 14211 238 Ontario St , Buffalo NY, 14207 186 Efner St , Buffalo NY, 14201 430 Jersey St , Buffalo NY, 14213 775 Main St , Buffalo NY, 14203 1607 Hertel Ave , Buffalo NY, 14216 38 19th St , Buffalo NY, 14213 100 19th St , Buffalo NY, 14213 106 19th St , Buffalo NY, 14213 110 19th St , Buffalo NY, 14213 113 19th St , Buffalo NY, 14213 160 Brunswick Blvd , Buffalo NY, 14208 82 Wakefield Ave , Buffalo NY, 14214 175 Laurel St , Buffalo NY, 14208 260 Laurel St , Buffalo NY, 14208 207 Laurel St , Buffalo NY, 14208 309 Riley St , Buffalo NY, 14208 260 Northampton St , Buffalo NY, 14208 160 Brunswick Blvd , Buffalo NY, 14208 877 Woodlawn Ave , Buffalo NY, 14211 883 Woodlawn Ave , Buffalo NY, 14211 886 Woodlawn Ave , Buffalo NY, 14211 928 Humboldt Pkwy , Buffalo NY, 14211 245 Humboldt Pkwy , Buffalo NY, 14208 91 Fernhill Ave , Buffalo NY, 14215 111 Hamilton St , Buffalo NY, 14207 205 Rodney Ave , Buffalo NY, 14214 Initial Activity Home Funding Committed Drawn Status Status Date Units Date Amount Amount PCT Open 06/24/14 0 06/27/12 322,817.00 31,318.94 9.70% Open 07/28/14 0 07/30/13 988,650.00 845,954.00 85.57% Open 07/21/14 0 07/31/13 2,750,000.00 2,211,503.00 80.42% Final Draw 05/12/14 45 03/27/12 650,000.00 650,000.00 100.00% Open 08/28/13 68 06/27/12 1,500,000.00 1,350,000.00 90.00% Open 06/16/14 0 06/28/12 1,635,000.00 1,471,500.00 90.00% Open 08/28/13 0 06/28/12 989,986.00 890,987.00 90.00% Canceled 0.00 11 03/08/02 826,517.64 826,517.64 100.00% Open 08/18/14 0 08/02/13 700,000.00 516,628.85 73.80% Open 09/25/12 0 01/08/09 41,000.00 37,549.19 91.58% Open 09/25/12 0 01/08/09 56,850.00 56,849.89 100.00% Open 09/25/12 0 01/26/09 83,910.00 83,909.31 100.00% Open 09/25/12 0 01/08/09 61,000.00 53,795.75 88.19% Open 09/25/12 0 01/08/09 71,240.00 65,417.42 91.83% Open 10/05/10 2 02/25/10 4,869.00 4,839.00 99.38% Open 06/19/13 0 10/21/10 189,702.52 145,005.37 76.44% Open 02/11/14 0 06/28/12 0.00% Open 02/11/14 0 06/28/12 0.00% Open 02/11/14 0 06/28/12 0.00% Open 02/11/14 0 06/28/12 0.00% Open 02/11/14 0 06/28/12 0.00% Open 08/01/14 0 07/31/13 0.00% Open 09/12/12 0 02/25/10 241,613.00 239,272.32 99.03% Open 04/20/12 0 02/25/10 241,613.00 227,054.15 93.97% Open 03/21/13 0 02/25/10 241,613.00 231,225.77 95.70% Open 07/08/03 1 11/14/01 35,000.00 13,078.00 37.37% Open 09/21/07 2 04/08/05 56,325.00 38,875.00 69.02% Open 09/21/10 2 12/15/08 44,950.00 39,920.00 88.81% Open 07/26/11 1 06/03/09 26,830.00 26,405.00 98.42% Final Draw 07/21/14 1 11/01/11 20,850.00 20,850.00 100.00% HOME Subrecipient Agreement Year 42_June 2016 Page 123 AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY FOR CITY OF BUFFALO CDBG PROGRAM ADMINISTRATION THIS AGREEMENT, entered this day of by and between the CITY OF BUFFALO, a municipal corporation having its principal office located at 65 Niagara Square, Buffalo, New York 14202 (herein called the "Grantee") and the City of Buffalo Urban Renewal Agency ("BURA") with offices at 65 Niagara Square, Room 920, Buffalo, New York 14202 (herein called the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the United States Department of Housing and Urban Development (HUD) informed the Grantee in 2012 after previously operating without a subrecipient agreement since 1974, that the Grantee is now required to enter into a Subrecipient Agreement with BURA prior to disbursement of 2012 and future year Community Development Block Grant (CDBG) funds to the Grantee; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; and WHEREAS the Subrecipient covenants that it have the personnel, skills and expertise required and wishes to undertake the Project. NOW, THEREFORE, the Grantee and the Subrecipient do mutually agree, in consideration of the covenants, terms and conditions contained herein as follows: I. SCOPE OF SERVICE A. Prosram Administration Activities 1. The Subrecipient will be responsible for the administration and management of all prior years and Year 2016-17 CDBG housing -related activities including rehabilitation and homeownership activities; origination and management of new and existing CDBG housing loans and/or grants; and to receive CDBG program funds for the subrecipient to sufficiently support these activities and obligations, and to amend and modify the BURA CDBG administrative budget to encompass these additional duties (City CDBG Programs). 2. Program Administration Activities funded by CDBG funds provided under this subrecipient agreement will include, but are not limited to, staffing and other delivery costs of housing programs and any and all necessary administrative services. This includes issuing Requests for Proposals (RFPs) and contracting with community based organizations to assist in delivering rehabilitation and homeownership activities. The Subrecipient will be responsible for program delivery and administration of CDBG residential rehabilitation and homeownership assistance programs provided in the City of Buffalo Annual CDBG Subrecipient Agreement Year 42 Action Plans covering the program years starting May 1, 2004 through the end of program year 2016-2017 (September 30, 2017) and any extensions thereof, respectively (CDBG housing programs) in a manner consistent with any standards required as a condition of providing these funds. 3. The Subrecipient will be responsible for the disbursement of funds for eligible CDBG activities, and will ensure that CDBG Program requirements are met for all programs and projects before a request for disbursement of CDBG funds is submitted to the Grantee, 4. To facilitate the Program Administration of City CDBG Programs by the Subrecipient, the City of Buffalo will disburse funds to BURA as subrecipient for release to eligible third parties including, but not limited to, for-profit owners or developers, non-profit organizations or developers, community based organizations (CBO's), Neighborhood Housing Services (NHS) revolving loan fund program delivery, homeowners and homebuyers for eligible activities as allowed under 24 CFR Part 570.202 and 570.201(n). Before disbursing any CDBG funds to any entity, BURA will enter into a written agreement with that entity. The written agreement will comply with the requirements of 24 CFR 570 Subparts J and K, as appropriate. 5. The scope of work performed by BURA under the agreement includes the setup of sub -funds, sub -grants and related funding activities through the Integrated Disbursement and Information System ("IDIS") subject to procedures and protocols established by the Grantee. 6. The parties will, if necessary, cause an amendment to this subrecipient agreement to be executed that sets forth the 2016-2017 City CDBG Programs and/or Projects that the Subrecipient will disburse directly on behalf of the Grantee. 7. The City CDBG Programs and the associated Program Delivery to be provided by the Subrecipient are fully described in the attached Exhibit A under the following eligible activities: Activity #1 City of Buffalo CDBG Funded Economic Development Activities Activity #2 City of Buffalo CDBG Funded Public Works and Facilities Projects Activity #3 City of Buffalo CDBG Funded Code Enforcement and Clearance Program Activity #4 City of Buffalo CDBG Funded Down Payment Closing Cost Assistance Program Activity #5 City of Buffalo CDBG Funded Owner Occupied Housing Rehabilitation Program Activity #6 City of Buffalo CDBG Community Crime Prevention/Awareness Initiative B. Plannins and Canacitv Building Activities CDBG Subrecipient Agreement Year 42 1. The Subrecipient shall be responsible for carrying out certain Planning and Capacity Activities pursuant to 24 CFR 570.205 including community development plans small area and neighborhood plans, environmental studies and environmental review of CDBG activities, land use and urban environmental design (Green Code), and policy, planning management and capacity building activities; Planning and Capacity Building Activities are more fully described in the attached Exhibit A. C. General Administration Activities 1. The Subrecipient shall be responsible for carrying out certain General Administration Activities, at the direction of the Grantee, including general administration, coordination, and oversight of CDBG Activities and/or Programs and/or Projects, citizen participation and information, budgeting, financial accounting and management, recordkeeping and reporting for CDBG activities. General Administration Activities are more fully described in the attached Exhibit A. D. External Program Implementation 1. BURA is authorized to enter into lower tier subrecipient agreements, consultant agreements, service contracts and other agreements deemed by the Grantee, at the written request and in consultation with the Subrecipient, to be necessary to effectuate administration and implementation of the Program Administration Activities, Planning and Capacity Building Activities and/or General Administration Activities. 2. BURA shall provide performance monitoring for all lower tier subrecipients of CDBG funding. The purpose of this monitoring is to ensure that funds are used effectively and as intended. Standards governing monitoring activities are set forth at 24 CFR 570.502 and HUD's Monitoring Handbook 6509.2, REV -5. 3. BURA shall maintain project and/or procurement files, as required pursuant to HUD Regulations and/or the City of Buffalo Charter and Code. On site monitoring of lower tier subrecipients shall be performed on a regular basis. E. National Obiectives: Goals and Performance Measures: Staffing related to the Scope of Service to be provided by the Subrecipient 1. National Obiective: All activities funded with CDBG funds except Planning and Administration must have documentation in accordance with CDBG requirements to support that they meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity (ies) carried out under this agreement will benefit low and moderate income persons; aid in the prevention or elimination of blight, or meet urgent community development needs pursuant to 24 CFR 570.208. BURA will document all national objectives (see IX. Administrative Requirements, B. Documentation and CDBG Subrecipient Agreement Year 42 Recordkeeping) and set up activities identified in Exhibit A in HUD's Integrative Disbursement & Information System (IDIS). 2. Levels of Accomolishment — Goals and Performance Measures The levels of accomplishment are units rehabbed, persons or households assisted, businesses assisted, jobs created, public facilities assisted and should also include time frames for performance. The Subrecipient agrees to provide the following levels of program services as detailed in the Program Delivery Activities described in Exhibit A which contain specifics as to deliverables required of the Subrecipient and funding amounts to be dedicated to each. The goals and performance measures are more fully described and listed in each of the City's Annual Action Plans. The Grantee shall require documentation and reporting from the Subrecipient to support the completion of these activities. The Subrecipient will report the accomplishments for the activities in Exhibit A in HUD's Integrated Disbursement Information System (IDIS). 3. Staffing A list of staff and estimated time commitments to be allocated to each activity specified in Section I. A. above is included in Exhibit B. Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to the prior approval of the Executive Director of the Office of Strategic Planning. II. TIME OF PERFORMANCE A. Start and Completion Dates Services of the Subrecipient shall commence at the start of the program year on October 1, 2016 and shall end on the ending date of the 2016-2017 Program Year, September 30, 2017 or any extension of the program year thereof approved by HUD. As per CFR 570.503(a), the Agreement shall remain in effect during any period that the Subrecipient has control of CDBG assets, defined as program income, receivables and real or personal property. The term of this agreement and the provisions herein may be mutually extended by the parties for an additional one (1) year and/or to cover any additional time period during which the Subrecipient is responsible for reporting or compliance measures or remains in control of CDBG funds or other assets, including program income. B. Performance Monitoring The Grantee will monitor the performance of the Subrecipient based on goals and performance standards as stated above along with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Monitoring will be conducted by personnel from the Department of Administration, Finance, Policy & Urban Affairs. Substandard performance as determined by the Grantee will constitute noncompliance with this agreement. If corrective action is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. Developer 4 CDBG Subrecipient Agreement Year 42 0 agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the Grantee, or the Grantee's internal auditor(s) access to all records related to performance of activities in this agreement. C. Progress Reports and Other Reports Subrecipient hereby agrees to provide in a timely manner all necessary progress reports on at least a monthly basis and other reports required by Grantee on forms to be provided by Grantee. This will include the submission of monthly CDBG Workout Plans to track the progress of its activities in Exhibit A and their status of funds. The CDBG Workout Plans will be submitted to the grantee within two weeks of each month's ending date. Services of the Subrecipient shall start upon full execution of this agreement and end on the 30th day of September 2017, or any extension thereof approved by HUD. The term of this agreement and the provisions herein may mutually be extended by the parties to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. D. Unexpended Funds of Prior Subrecipient Agreements All unexpended funds previously identified in prior subrecipient agreements between the Grantee and Subrecipient are carried over to this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5 CDBG Subrecipient Agreement Year 42 III. ADMINISTRATIVE and OPERATING BUDGET Line Item Year 42 Amount Administrative and Operating Budget: $2,728,625.00 *Administrative and Operating Budget includes Salaries, Fringe, Materials & Supplies, Travel, and **Professional and Other Services Any indirect costs including office space, utilities and bonding requirements under this Agreement must be consistent with the conditions of Paragraph IX (C) (2) of this agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information within thirty (30) calendar days of a request in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. BURA may propose revisions to the budget and the transfer of funds between annual action plan line items (for example, from single family rehab to multi -family rehab) to ensure compliance with CDBG expenditure deadlines and OSP priorities. Such budget revisions will be effective upon approval of the Executive Director of OSP and the Commissioner of Admin and Finance. OSP will file an amendment to the Annual Action Plan to reflect all substantial amendments. **Professional services include, but are not limited to economic development loan management; technical assistance; financial accounting services; in-house financial services, and other temporary services from time to time as deemed necessary by the Subrecipient to fulfill its duties and obligations under this Agreement. IV. RECAPTURE AND REALLOCATION OF SUBRECIPIENT' S ALLOCATION OF FUNDS If Subrecipient fails to expend funds as indicated with regard to the goals and delivery schedule in Exhibit B, Grantee at its sole discretion may recapture a portion or the entire Subrecipient's total funding allocation. The portion recaptured will be equal to Grantee' s estimate of the amount of funds that would remain unspent by the spending deadlines described herein, based on Subrecipient's activities to date and capacity to complete the work. V. A. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this agreement for administrative costs shall not exceed the allowable maximums for administrative costs pursuant to HUD Regulations. Drawdowns for the payment of eligible administrative and operating expenses shall be made against the line item budgets specified in Section III herein. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. CDBG Subrecipient Agreement Year 42 The Subrecipient shall have the right to bill the Grantee for services performed and not already billed on a bi-weekly basis. The Subrecipient shall submit duly executed vouchers upon forms which shall be supplied and in the manner described by the Grantee to receive payment. Invoices shall be attached to the vouchers. Payments shall be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. As provided in Exhibit C (attached hereto), the City of Buffalo will release funds to BURA as Subrecipient for disbursement to eligible third parties. This disbursement process applies to all activities cited In the Scope of Services, including those relating to IDIS and disbursements thereunder. VI. NOTICES 1. General Notice Reuuirement Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract representatives: City of Buffalo 1100 City Hall 65 Niagara Square Buffalo, NY 14202 Attention: City of Buffalo Corporation Counsel And City of Buffalo Urban Renewal Agency 65 Niagara Square 920 City Hall Buffalo, New York 14202 Attention: BURA General Counsel shall be directed to the following contract City of Buffalo 1200 City Hall 65 Niagara Square Buffalo, NY 14202 Attention: City Comptroller 2. Notice to Subrecinient for Additional Information From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. 3. Notice to Subrecinient of Chance in Procedures for Reimbursement If any additional requirements not in effect at the time of execution of this Agreement are subsequently required by the City in order to process requests for reimbursements and/or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient 7 CDBG Subrecipient Agreement Year 42 shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change the requirements in effect at the time of the execution of this Agreement, or which were later amended through notice to the Subrecipient pursuant to this provision, shall be followed by the parties. VII. SPECIAL CONDITIONS This Section Intentionally Left Blank VIII. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Indemnification The Subrecipient hereby agrees to defend, indemnify and save harmless the Grantee against any and all liability, loss, damage, suit, charge, attorney's fees and expenses of whatever kind or nature which the Grantee may directly or indirectly incur, or be required to pay by reason or in consequence of the intentionally wrongful or negligent act or omission of the Subrecipient, its agents, employees or contractors. If a claim or action is made or brought against the Grantee and for which the Subrecipient may be responsible hereunder in whole or in part, then the Subrecipient shall be notified and shall handle or participate in the handling of the defense of such matter. D. Workers' Compensation Insurance (Disability Insurance Requirement is removed) This agreement shall be void and of no effect unless the Subrecipient shall secure compensation for the benefit of, and keep insured during the life of this agreement, any and all employees as are required to be insured under the provisions of the Workers' Compensation Law of the State of New 8 CDBG Subrecipient Agreement Year 42 York or the state of the Sub recipient's residence, whichever may apply. The Subrecipient shall provide proof to the City, duly subscribed by an insurance carrier, that such Workers Compensation coverage has been secured. In the alternative, Subrecipient shall provide proof of self-insurance or shall establish that Worker Compensation coverage is not required by submitting the then current and required New York State Workers Compensation Board's form. E. General Liability Insurance The Subrecipient shall obtain general liability insurance in the amount of at least One Million Dollars, for protection against claims of personal injury, including death, or damage to property, arising out of the administration of the City CDBG Programs. Said insurance shall be issued by a reputable insurance company, authorized to do business in the State of New York. Said insurance shall also name the City of Buffalo as an insured. The Subrecipient shall provide the Grantee with a certificate of insurance from an authorized representative of a financially responsible insurance company evidencing that such an insurance policy is in force. Furthermore, the Subrecipient shall provide a listing of any and all exclusions under said policy. The insurance shall stipulate that, in the event of cancellation or modification the insurer shall provide the Grantee with at least thirty (30) days written notice of such cancellation or modification. F. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase fidelity insurance covering all employees in an amount as directed by the City. If directed by the Grantee, the Subrecipient shall further maintain a performance bond to secure fulfillment of all the Subrecipient's obligations under the Agreement, up to the amount of Subrecipient's administration allocation or other protections to insure performance as determined by the Grantee in its sole discretion. The Grantee will provide reasonable written notice to the subrecipient of any such additional assurances. G. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this agreement. H. Amendments The Grantee or Subrecipient may amend this agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee' s governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this agreement. The Grantee may, in its discretion, amend this agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. CDBG Subrecipient Agreement Year 42 I. Suspension or Termination In accordance with 24 CFR 85.43 and 85.44, the Grantee may suspend or terminate this agreement if the Subrecipient materially fails to comply with any terms of this agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this agreement; 3. Ineffective or improper use of funds provided under this agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this agreement may be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. IX. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 570.502 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-87, "Cost Principles for State, Local and Indian Tribal Governments". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this agreement. 10 CDBG Subrecipient Agreement Year 42 Subrecipient shall further retain all records in accordance with New York State Records Retention Guidelines, said period to begin running after program closeout. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program and is consistent with the standards outlined at §570.208 ; c. Records required to confirm that BURA has made specific determinations on behalf of the Grantee that are necessary to demonstrate eligibility of certain types of activities as listed at 24 CFR 570.506; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance and compliance with §570.505 regarding change of use of such properties; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the agreement for a period of six (6) years. The retention period begins on the date of the submission of the Grantee' s annual performance and evaluation report to HUD in which the activities assisted under the agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. However records with respect to any real property or other assets purchased with HUD funds shall be kept for as long as those assets are held by BURA to enable the Grantee to demonstrate compliance with §570.503(b)(7). 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided for the same period of time and in the same manner as required under Section IX (B) (2) above. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee' s or Subrecipient' s responsibilities with respect to services provided under this contract, is prohibited by the laws of the State of New York and Federal 11 CDBG Subrecipient Agreement Year 42 ,sf\ law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. The Subrecipient shall notify Grantee of receipt of any FOIL requests within three (3) business days of the receipt by Subrecipient of same. 5. Close-outs The Subrecipient' s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income A. The Subrecipient is not permitted to retain any program income under the terms and provisions of this agreement and must return all program income to the Grantee, consistent with CDBG Regulations. The Subrecipient shall return to the Grantee all program income generated by City CDBG Program activities and with CDBG funds made available under this contract 45 days from the last day of a month unless otherwise directed by the City. The Subrecipient acknowledges and agrees that the City may, in its sole discretion, establish and/or modify the frequency of the return of Program income subsequent to reasonable written notice to the Subrecipient . Any existing revolving loan funds of BURA shall be remitted to the Grantee upon execution of this agreement The Subrecipient agrees that any CDBG program income on hand when the agreement expires or received after such expiration shall be paid to the Grantee as required by the CDBG Regulations. Program Income (PI) returned to the Grantee may be reallocated to BURA for payment of eligible expenses as allowed under 570.503. 12 CDBG Subrecipient Agreement Year 42 2. Indirect Costs Prior to charging any indirect costs under this agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures The Grantee will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Proeress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Specifically, the Subrecipient shall submit the following reports: a) Monthly Expenditure Reports of CDBG Funds Drawn for each project. b) Monthly Progress Reports detailing the status of each CDBG project. c) The subrecipient will update its CDBG activities on HUD's Integrated Disbursement & Information System (IDIS) to complete the Annual Grantee Performance Report submitted for the City's Consolidated Annual Performance & Evaluation Report (CAPER). d) The subrecipient will provide narrative descriptions for its CDBG activities including progress in meeting the goals outlined in the City's Annual Action Plan to complete the Narrative Sections of the City' s CAPER. The above reports shall be submitted to the Executive Director of Strategic Planning. D. Procurement 1. Compliance The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this agreement. 13 CDBG Subrecipient Agreement Year 42 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 85.36. 3. Travel The Subrecipient shall adopt a travel policy that at a minimum meets the requirements of the current City of Buffalo travel policy as determined by the City of Buffalo Corporation Counsel. The Subrecipient shall obtain written approval from the Executive Director of Strategic Planning for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose of program administration and costs must be reasonable. E. Use and Reversion of Assets The use and disposition of real property and equipment under this agreement shall be in compliance with the requirements of 24 CFR Part 85 and 24 CFR 570.502, 570.503, and 570.504, 570.505 as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with Federal funds under this agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this agreement.. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this agreement after the expiration of the five-year period. 3. In all cases in which equipment acquired, in whole or in part, with funds under this agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. X. RELOCATION. REAL PROPERTY ACOUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 14 CDBG Subrecipient Agreement Year 42 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with Article 15 of the New York State Human Rights Law, and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination Equal Employment Opportunity and Affirmative Action (EEO/AA) Statements During the performance of this Agreement, the Subrecipient agrees as follows: A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non-discrimination clause. B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. D. The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of 15 CDBG Subrecipient Agreement Year 42 the Secretary of Labor, or as otherwise proved by law. E. In the event of the Subrecipient's non-compliance with the non-discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. F. The Subrecipient will include the provisions of Paragraphs A through F above in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the Office may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Office, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 2. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the programs assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not it so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such 16 CDBG Subrecipient Agreement Year 42 program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Minority or Women -Owned Businesses (MBE/W) It is the policy of the City that equal opportunity to participate in City or Subrecipient procurements is provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the City are placed with minority and woman owned business enterprises, the Subrecipient agrees to take affirmative action to the fullest extent consistent with sound procurement principles and applicable law(s) and identify qualified enterprises, business and/or firms; and to solicit bids and quotations from them, and in making awards and purchases, to give equitable consideration to these enterprises, businesses and/or firms.. Such action shall include, but is not limited to: A. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. B. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. C. The Subrecipient or its designee shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of thirty (30 %) minority business enterprises. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker' s representative of the Subrecipient' s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Subcontract Provisions 17 CDBG Subrecipient Agreement Year 42 The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C.276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5), the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this agreement. The Subrecipient agrees to comply with the Copeland Anti - Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject 18 CDBG Subrecipient Agreement Year 42 the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low - and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 19 CDBG Subrecipient Agreement Year 42 c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts A. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. B. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. C. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 20 CDBG Subrecipient Agreement Year 42 0.0 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 85.36(b) (3) and 570.611, which include (but are not limited to) the following: a. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. b. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. c. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub awards at all tiers (including 21 CDBG Subrecipient Agreement Year 42 subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. The Federal Government also reserves such right pursuant to 24 CFR 85.34 to reproduce, publish or otherwise use and to authorize others to use, the work or materials for Federal governmental purposes the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 7. Religious Activities The Subrecipient agrees that funds provided under this agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this agreement: Clean Air Act, 42 U.S.C. , 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National 22 CDBG Subrecipient Agreement Year 42 Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XIII. SEVERABILITY If any provision of this agreement is held invalid, the remainder of the agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect. XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement. XV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XVI. LIVING WAGE REOUIREMENTS 23 CDBG Subrecipient Agreement Year 42 A. Subrecipient and its agents shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code Sec.96-19) (Ordinance), if applicable. Compliance includes: a. Paying all covered employees a living wage. Covered employees are all employees, full or part-time, employed in, on, or for the project or matter subject to the agreement, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. b. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. c. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. d. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and/or a grievance with the City's Living Wage Commission. The Grantee has the discretion to terminate this agreement and pursue any other legal remedies if Subrecipient and/or its agents fail to comply with the Ordinance. XVII. DEBARMENT AND SUSPENSION The Subrecipient certifies, by the signing of this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. Assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or Subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR 5.105 and 570.609. XVIII. COMPLIANCE WITH ALL LAWS The Subrecipient agrees that, during the performance of the work required pursuant to this agreement, the Subrecipient and all employees working under its direction, shall strictly comply with all local, state or federal laws, ordinances, rules or regulations including but not limited to 24 CFR Part 85, Administrative Requirements for Grants and Cooperative agreement to State, Local and Federally Recognized Indian Tribal Government for controlling or limiting in any way their actions during their said performance of the work required by this agreement. Furthermore, each and every provision of law, and contractual clause required by law to be inserted in this agreement shall be deemed to be inserted herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party this agreement shall be forthwith physically amended to make such insertion or correction. Failure to comply may result in the City enforcing any remedy set forth in Section 24 CFR Part 85, Section 43. XIX. LAW AND FORUM 24 CDBG Subrecipient Agreement Year 42 This agreement shall be governed by and under the laws of the State of New York and the Charter and Code of the City of Buffalo. The parties further agree that Supreme Court of the State of New York, held in and for the County of Erie shall be the forum to resolve disputes arising out of either this agreement or work performed according thereto. The parties waive all other venue or forum selections. The parties may agree between themselves on alternative forums. XX. PROHIBITION AGAINST ASSIGNMENT The Subrecipient is prohibited from assigning or otherwise disposing of this agreement or any of its contents, or of its right, title or interest therein, or of its power to execute such contract to any other person or corporation without the previous consent in writing of the Grantee. XXI NON APPROPRIATED FUNDS PROHIBITION This Agreement shall be binding only to the extent that funds have been budgeted by the City on annual basis for the purposes stated herein. The lack of said funds shall not result in or grant to the parties and any rights other than as stated herein. XXII. APPROVALS The parties agree this Agreement is subject to the regulatory approvals listed herein and liability of the parties under this agreement is contingent thereon. XXIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this agreement. IN WITNESS WHEREOF, the parties have duly executed this agreement on the date first written above. CITY OF BUFFALO APPROVED AS TO FORM BY: BY: Byron W. Brown Timothy A. Ball Mayor Corporation Counsel CITY OF BUFFALO URBAN RENEWAL AGENCY APPROVED AS TO FORM BY: BY: Nona B. Watson, Executive Director Scott C. Billman, Esq., General Counsel STATE OF NEW YORK) COUNTY OF ERIE ) SS: 25 CDBG Subrecipient Agreement Year 42 I On this day of , 2016, before me the subscriber, personally came Mayor Byron W. Brown, known, who being by me duly sworn, did depose and say that he resides in the City of Buffalo; that he is the Mayor of the City of Buffalo, the municipal corporation described in and which executed the above instrument; and that he signed his name to the foregoing instrument by virtue of the authority vested in him by the laws of the State of New York and the local laws and ordinances of the City of Buffalo. Notary Public/Commissioner of Deeds STATE OF NEW YORK) COUNTY OF ERIE ) ss.: On the day of , 2016 before me, the undersigned, a Notary Public in and for said State, personally appeared Nona B. Watson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public/Commissioner of Deeds CDBG Subrecipient Agreement Year 42 26 Exhibits and Attachments: Exhibit A: Program Delivery, Administration/Planning Activities Exhibit B: Estimate of Staff and Time Commitments to be Allocated to Activities Exhibit C: Requests for Reimbursement Procedure CDBG Subrecipient Agreement Year 42 EXHIBIT A Activity #1 City of Buffalo CDBG Funded Economic Development Activities The 2013-14 through the 2015-16 Annual Action Plans (AAP) allowed for Program Delivery for the contracting of a third party to assist BURA with due diligence and economic development strategies to manage the economic development portfolio. For the City of Buffalo's Economic Development activities, the Subrecipient will provide services for the 2016-17 administration and management of the programs and activities. The individual programs and/or activities are as follows: Economic Develonment (CDBG) $ Amount Program Delivery - Contracted Services $72,000 Activity #2 City of Buffalo CDBG Funded Public Works Projects The 2013-14 through the 2015-16 Annual Action Plans directed $12,291,000 million in CDBG funding to upgrade infrastructure and public facilities in targeted City of Buffalo neighborhoods. The Subrecipient will administer the following CDBG funding for the following Public Facilities and Improvements: 1) Street and Sidewalk Repairs; 2) Park and recreational improvements City of Buffalo parks; and 3) Rehabilitation improvements to public facilities These activities will be provided in low and moderate income neighborhoods, will ensure City of Buffalo capital assets in these neighborhoods are kept in working condition, and will ensure that facilities used to deliver services in low and moderate income neighborhoods remain in good repair. For the City of Buffalo Public Works projects, the Subrecipient will provide services for the 2016- 17 administration and management of the following programs and activities: Public Facilities and Infrastructure (CDBG) $ Amount Street/Sidewalk Resurfacing/Replacement $2,350,218 Park/Pool Improvements $ 800,000 Community Facilities $1,877,375 Program Delivery: City $ 200,000 Activity #3 City of Buffalo CDBG Funded Code Enforcement and Clearance Program The 2013-14 through the 2015-16 Annual Action Plans directed $5,419,000 to code enforcement and clearance activities. This included the demolition of vacant and abandoned properties to attack neighborhood blight. The Subrecipient will take all necessary steps to administer these activities. As directed by the Grantee, the targeted properties will be part of a coordinated plan approved by the City of Buffalo and confirmed by HUD to be eligible activities. For the City of Buffalo Code Enforcement and Clearance Programs, the Subrecipient will provide services for the 2016-17 administration and management of the following programs and activities: Code Enforcement/Clarence (CDBG) $ Amount Demolitions Program Delivery — Demolition $600,000 $105,000 Activity #4 City of Buffalo CDBG Funded Down Payment Closing Cost Assistance Program Activity #5 City of Buffalo CDBG Funded Owner Occupied Housing Rehabilitation Program Community Development Block Grant funds for housing programs/activities shall be allocated directly to the Subrecipient for disbursement pursuant to all applicable U.S. Department of Housing and Urban Development regulations. The Subrecipient shall also administer and manage those programs. The 2013-14 through the 2015-16 Annual Action Plans directed CDBG funds to various housing programs that were administered by the Subrecipient. These activities are as follows: 1) Down payment and closing cost assistance for first-time homebuyers; 2) Acquisition, renovation and resale of existing properties; 3) Weatherization; and 4) Emergency repairs to allow homeowners to address major systems such as roofs, water or sewer lines, furnaces, hot water tanks, and electrical panels These activities will be provided in low and moderate income neighborhoods. The allocation for these individual programs and/or activities to be administered by the Subrecipient and the allocated CDBG funding amount for 2016-17 re as follows: Housine (CDBG) $ Amount Rehab Loans $1,789,000 Program Delivery — CBOs $ 270,000 Program Delivery — Belmont $ 350,000 Program Delivery — City $ 291,000 Activity #6 City of Buffalo CDBG Community Crime Prevention/Awareness Initiative The 2013-14 through the 2015-16 Annual Action Plans included activities for Crime Reduction/Awareness. Community-based crime prevention programs are operated in collaboration by neighborhood residents, police, and faith -based organizations. The City of Buffalo's Crime prevention Initiative includes the following: 1) Community Policing — a policing approach that promotes and supports strategies to address crime -related problems through police -community partnerships; 2) Neighborhood watch — a community mobilization strategy in which citizen groups organize to prevent and report neighborhood crime and disorder; 3) Comprehensive Programs — programs to promote the involvement of local and state governments, the private sector, and neighborhoods to respond to violent crime and drug abuse and improve the quality of life in communities by incorporating multiple approaches; 4) Ad hoc law enforcement activities related to crime prevention The 2016-17 CDBG funded allocation for this program/activity to be administered by the Subrecipient is as follows: Community Crime Prevention/Awareness Initiative $ Amount Crime Prevention and Reduction Efforts $142,300 General Administration/Planning Activities 1) Planning Administration; BURA shall be the primary Subrecipient responsible for administering the City of Buffalo's CDBG Entitlement programs as detailed in this Subrecipient Agreement. BURA shall work closely with the Mayor's Office of Strategic Planning(OSP) as well as the City of Buffalo's Division of Citizen Services and the Department of Administration, Finance, & Policy; Community Services & Recreational Programming; Permit & Inspection Services; and Public Works, Parks, & Streets. BURA shall coordinate their administration of the Program Activities with OSP and with other non-profit housing and public service providers, and offer technical assisatnce on application packaging and other aspects of the development process. BURA may maintain a contract with a third party to deliver economic developemtn programs unless otherwse directed by the Grantee. BURA may also maintain a contract with a third party to manage the economic development loan portfolio. BURA will provide Administrative services for the coordination and management of the CDBG Program to meet all regulatory requirements. BURA wil also meet all citizen participatuon requirements for the Annual Action Plan and Consolidated Plan. BURA will also aide OSP through planning and administrative services for any amendments to the City's Annual Action Plans, the Citizen Participation Plan, or the Consolidated Plan and/or the Consolidated Annual Performanc & Evaluation Report (CAPER). 2) External Program Implementation If so directed by the Grantee and approved by the BURA Board, BURA shall enter into lower tier subrecipient agreements, consultant agreements, and any other agreements deemed by the grantee to be necessary to effectuate administration and implementation of the programs in this Agreement. BURA shall incorporate into all such agreements all applicable HUD requirements to ensure funding eligibility. BURA shall provide performance monitoring for al lower tier subrecipients of CDBG funding. The purpose of thi smonitoring is to ensure that funds are used effectively and as intended. Standards govenring monitoring activities are set forth in 24 CFR 570.502 and in HUD's Monitoring Handbook 6509.2, REV -5. BURA shall maintain project files on each federally -funded activity as described herein. Documentation includes a copy of the grant agreement or contract executed between BURA and the subrecipient, correspondence, financial reports, monthly reports, reimbursement requests, and records pertaining to monitoring reviews and follow up. On-site monitoring is performed on a regular basis. EXHIBIT B - STAFFING Salaries will fund the positions listed below. The percentage of time charged and positions listed to CDBG are an estimate. Staff will complete Cost Allocation Reports on a Bi -Weekly Basis. The CDBG Program will be charged for actual hours worked on CDBG activities. From time to time, staff may work on activities outside the division for which they are assigned to and may work on more than one HUD Grant Program. Program Delivery Services Activity 1: Program Delivery — Economic Development 100% CDBG Activity 2: Program Delivery — Public Facilities & Improvements BURA Architect/Engineer 98% CDBG Activity 3: Program Delivery — Code Enforcement & Clearance Demolition Coordinator 100% CDBG Senior Administrative Assistant 100% CDBG Activity 4: Program Delivery — Downpayment Closing Cost Assistance Activity 5: Program Delivery — Rehabilitation Administration Director of Housing (BURA) 72% CDBG Clerical Technician 68% CDBG Senior Grants Monitor 35% CDBG Loan Specialist Aide 100% CDBG Loan Clerk Specialist 100% CDBG Supervisor of Building Construction 55% CDBG Deputy Director 35% CDBG Senior Loan Administrator 45% Housing and Neighborhood Development Specialist II 51% CDBG Activity 6 — Community Crime Prevention/Awareness Initiative Coordinator 100% CDBG Planning Director of Planning 100% CDBG Senior Planning Systems Analysts 100% CDBG Planner III 69% CDBG Community Planner (2) 92% CDBG General Planner (2) 100% CDBG Land Use Coordinator 90% Administration Special Projects Manager 80% CDBG Internal Auditor 85% CDBG Accountant 60% CDBG Payroll Manager 80% CDBG BURA Legal Counsel 85% CDBG Legal Assistant 92% CDBG 1 Real Estate Manager 5% CDBG Environmental Engineer 10% CDBG Fair Housing & Section 3 Compliance Officer 100% CDBG Receptionist 100% CDBG Senior Administrative Assistant (Dept. Community Services) 100% CDBG Senior Computer Operator 100% CDBG Executive Director 60% Records Custodian 100% Economic Development Assistant 100% Deputy Director FCA 80% Clerical Technician 85% Senior Planning System Analyst 100% EXHIBIT C CDBG SUBRECIPIENT REQUIREMENTS The enclosed guidelines provide general information about the operation of your Community Development Block Grant (CDBG) contract with the City of Buffalo. These guidelines are not meant to be all-inclusive. For greater detail, please refer to your grant contract and to the CDBG program regulations 24 CFR 570, 24 CFR 85, and to OMB Circular A-87 and Circular A-102. General Information For Agencies Review and reimbursement of costs submitted under the CDBG contract is assigned to the City's Department of Audit & Control (DAC) in Room 1201 City Hall. Payments under the CDBG grant must follow procedures pursuant to Financial Administration in CFR Part 85, §85.21 Payments. DAC has established standard forms to be used to claim costs for payment. See Requisition Submission Procedures below. . Budgeted Costs - Costs incurred must be included in the approved budget as contained in the signed contract. Unallowable Costs - A list of general unallowable costs has been attached for your information. All personnel authorized to expend CDBG funds must review this listing. These costs, if incurred by an agency, will not be rehnbursed. Invoice Support — Copies of invoices/receipts will be required for all payments of expenses. Only detailed invoices or receipts will be accepted as proof of costs claimed. Purchase orders, order forms, memos, summary statements, freight slips, etc. do not independently constitute support and will not be accepted without detailed invoices or receipts. Fixed Asset Purchases — Fixed asset purchases must be budgeted in the contract budget in order to be reimbursed. Segregate the cost of the asset in Class 6 from any supplies purchased at the same time (which should be claimed under Class 5). Each asset should be claimed on a separate line in the cost summary and a "Capital Outlay Addition Form" should be prepared and attached to the claim (see form attached). A copy of this foram should be retained for your inventory records. Fixed Asset Records - Fixed assets records are to be maintained at each agency location for all items of a capital nature purchased with CDBG funds (in whole or part, current, past and future contracts). Periodically, the Department of Administration, Finance, Policy and Urban Affairs (DAF) will require that you take a physical inventory of these assets. At least every two years, DAF personnel will perform an on-site monitoring visit to review the assets and assess their condition. (Also see attached Federal Property Management Standards.) Fixed Asset Disposals — Fixed assets that were purchased with grant funds are to be maintained in good condition and used in the program in future periods. It is the Subrecipient's responsibility to provide adequate security for assets to prevent theft or breakage. When assets become worn or are replaced, or are otherwise out of service, a "Capital Asset Disposition Form" (see form attached) should be prepared and forwarded to Financial Control of Agencies (DAF). The purpose of this form is to obtain DAF's permission for the disposal of any asset. DAF personnel will want to inspect the asset prior to 1 disposition. Any proceeds from the sale of a fixed asset purchased with grant funds may, with the City's prior approval, be used for grant activities. Property Management Standards (per Federal Register, Office of Management and budget Circular A-102 Attachment N) 1. The grantee's property management standard for nonexpendable personal property shall include the following procedural requirements. (a) A description of the property. (b) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (c) Source of the property including grant or other agreement. (d) Whether title vests in the grantee or the Federal Government. (e) Acquisition date (or date received, if the property was furnished by the Federal Government) and cost. (f) Percentage (at the end of the budget year) of Federal participation in the cost the project or program for which the property was acquired. (Not applicable to property furnished by the Federal Government.) (g) Location, use and condition of the property and the date the information was reported. (h) Unit acquisition cost. (i) Ultimate disposition date, including date of disposal and sales price or the method used to determine current fair market value where a grantee compensates the Federal agency for its share. 2. Property owned by the Federal Government must be marked to indicate Federal ownership. 3. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. 4. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable propeity shall be investigated and fully documented; if the property was owned by the Federal Government, the grantee shall promptly notify the Federal agency. 5. Adequate maintenance procedures shall be implemented to keep the property in good condition. 6. Where the grantee is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return, 2 General Requirements 1. Alt invoices to be time stamped upon receipt. 2. Project manager must verify and approve each invoice. 3. Department head must approve each invoice. 4. Deliver invoices to FCA for processing. 5. FCA personnel verify for eligibility, accuracy, and approvals. 6. Write-up check request. All requests for payment must be submitted on DAC approved requisition forms. 7. Sort invoices by funding source. 8. Prepare Master Vendor Reimbursement Cover Sheet for each sub -recipient agreement, attach copy of approved invoices. 9. Director must certify Master Vendor Reimbursement Cover Sheet. 10. Deliver certified Master Vendor Reimbursement Cover Sheet with a copy of the approved invoices to City personnel for entry to MUNIS system. 11. Deliver copy of certified Master Vendor Reimbursement Cover Sheet with a copy of the approved invoices to DAC personnel for IDIS draw. 12. Original invoices with copy of certified Master Vendor Reimbursement Cover Sheet are held until monies received from City. 13. Disbursements to vendors made upon clearance of funds from City. General Rules for Allowable/Unallowable Costs 1) Only expenses that fall within the contract period can be reimbursed. Any expenses that extend before or beyond the contract period must be prorated to reflect only the portion applicable to the contract period. 2) Expenses can only be reimbursed up to the current budget line amount in your contract or latest ' budget revision. 3) Sales tax, late fees, and interest charges are not reimbursable items. 4) Invoices or receipts must support all costs submitted for reimbursement. Purchase orders, memorandum, order forms, freight/delivery fors, packing slips and summary vendor statements or credit card statements do not separately constitute support and will not be accepted without detailed invoices or receipts. Any cost not properly supported will be disallowed. Specific Unallowable Costs - Please note that this list is not intended to be all-inclusive. Please refer to OMB Circular A-122, A-110 and the CDBG regulations for a complete listing of unallowable costs. 1) Bad Debts - Any losses arising from uncollectible accounts and other claims, and related costs, are unallowable. 2) Contingencies - Contributions to a contingency reserve or any similar provision for unforeseen events are unallowable. 3) Contributions and Donations - Unallowable. 4) Entertainment - Cost of amusements, social activities, and incidental costs relating thereto, such as 3 meals, beverages, lodging, rentals, transportation and gratuities, are unallowable. 5) Fines and Penalties - Costs resulting from violations of or failure to comply with Federal, State, and local laws and regulations are unallowable. 6) Audit Fees — The cost of audit fees is allowable only to the extent the audit is required under the Single Audit Act. 7) Interest and other Financial Costs - Interest on borrowings, however represented are unallowable. 8) Unsubstantiated Costs - Unallowable. DOCUMENTATION REQUIREMENTS Class 1 Personal Services 1) Employee certifications must be on file in FCA for each employee. 2) Payroll reimbursement is calculated on the basis of gross payroll plus employer's FICA. 3) Employees must also sign in and out on a daily basis. The sign in sheets must be approved as evidenced by'the signature of appropriate supervisory personnel. Original timesheets signed by the employee and approved by their supervisor or director must be maintained by BURA and made available for monitoring. 4) If an established outside payroll service is used, and unemployment is paid each pay period and shown on the payroll register, unemployment insurance expense may be claimed each pay period. If such a payroll service is not used, NYS unemployment insurance costs should be submitted as of the end of the calendar quarter to which they apply, and must be accompanied by a copy of the quarter's federal 941 fonn and state WT -4B form showing that the amount was paid Class 2 — Utilities 1) A copy of the entire bill Heist be submitted for all utilities (except for the payment stub). Only the current portion of the bill will be reimbursed. Past due amounts shown will not be reimbursed unless the applicable prior bill is also included. Penalties and interest are not reimbursable. Class 3 — Travel & Transportation 1) Any submission for mileage reimbursement must contain employee name, vehicle, origin, destination, and purpose of trip. The mileage reimbursement report must be approved by appropriate supervisory personnel as evidenced by the supervisor's signature on the report. Mileage reimbursement will be based on the daily rate of $18.00 for over four hours or more and the rate of $9.00 for less than four hours. 2) Any other travel expenses must have prior approval. Class 4 — Materials & Supplies 1) All bills must be itemized and types of costs must have been approved within the scope of the budget for your contract. 4 2) Supplies must be purchased via competitive bid or price purchase agreement and must be documented. Purchase orders must be approved by the department head. Once approved, the items purchased and prices paid should be equal to or less than the approved bid. Class 5 — Other Services 1) An approved fourth party contract must be on file for any independent contractor services. 2) The cost of audit fees is allowable only to the extent the audit is required under the Single Audit Act. 3) In order to claim insurance costs, costs must be supported by an invoice that identifies the type of insurance, the policy period covered and the total premium amount. If the policy period does not agree with the contract period, or if costs are allocated between funding sources, provide a schedule showing how the costs are to be pro rated and/or allocated over the term of the policy and the grant period. Costs related to periods outside the grant period cannot be reimbursed. If partial payments are used to pay insurance, the schedule discussed in the prior paragraph should be submitted with each request for reimbursement and should show the individual payments made to date and the amount remaining to be paid. Class 6 — Capital Outlay 1) All non -expendable items in excess of $5,000 are considered capital outlays. 2) Costs to place an asset in service should be included as part of the cost reported in capital outlay. Costs such as freight, installation, accessories such as cords for computers or printers are necessary to obtain and make the asset work and should be included as capital outlay. 3) These items require three bids and approval by the department head. Once approved, the items purchased and prices paid should be equal to or less than the approved bid. 4) Any related supplies which were purchased at the same time and whose costs show on the same invoice should be separately reported as Class 4 expenses. For example, computer disks bought at the same time you purchased a computer should not be claimed as Capital Outlay costs but should be claimed as Supplies, Class 4. Attach the original invoice to Class 6 and a photocopy to Class 4. 5) Each capital asset purchased should be claiuned on a separate line in the Class 6 Expenditure Summary by Class form. For each capital asset purchased, prepare a "Capital Outlay Addition Form" and attached it to the class summary sheet (see form attached). A copy of this form should be retained for your inventory records. The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to comply with the CDBG Subrecipient Requirements. 5 Agreement for Management, Implementation and Delivery of Services Page 1 Agreement for Management, Implementation and Delivery of Services for The City of Buffalo EMERGENCY SOLUTIONS GRANT Program (Funding from the United States Department of Housing and Urban Development) For the 2016-2017 Funding Year THIS AGREEMENT is made effective as of the 30 day of September, 2016 by and between the CITY OF BUFFALO (hereinafter referred to as "The City") a municipal body corporate and politic created and existing under the laws of the State of New York, having its offices at 65 Niagara Square, City Hall, Buffalo, New York 14202, and the City of Buffalo Urban Renewal Agency, a public benefit corporation, organized and existing pursuant to the laws of the State of New York having its principal office at 65 Niagara Square, City Hall, Room 920 Buffalo, New York 14202, Buffalo, New York (hereinafter the "Subrecipient"). WHEREAS, the City allocates and monitors on behalf of the City of Buffalo a Federal Grant provided by the of the United States Department -of -Housing -and -Urban Development (hereinafter "HUD") pursuant to the Homeless Housing Act of 1986PL 99- 500), (hereinafter "the Act") recognized the need to assist homeless and appropriate funds to implement the Emergency Solutions Grant Program as implemented pursuant to 24 CFR 576 (the "Program"); and WHEREAS, the City has received funds under the Act and Regulations promulgated pursuant thereto (hereinafter referred to as "Regulations") in the form of a grant, for supporting various community level programs to meet those needs; and WHEREAS, the Subrecipient has proposed a program (hereinafter referred to as the "Program") which the City has approved by adoption by the City of Buffalo Common Council of the Year Annual Action Plan for with funding to be provided under the Emergency Solutions Grant (ESG); and WHEREAS, the parties hereto wish to agree upon the terms and conditions for the management, and delivery of services for the Subrecipient's implementation of the Program, and NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set forth herein, the parties hereby agree as follows: 1. PROGRAM DESCRIPTION AND SCOPE OF WORK. The Subrecipient agrees to provide administrative and management services for City of Buffalo Emergency Solutions Grant Programs. The Programs will be carried out in strict compliance with all EMERGENCY SOLUTIONS GRANT statutory and regulatory requirements, the General Conditions attached herein and all other applicable Federal, State, and local laws and regulations. The Program Scope of Work shall be that attached hereto as Exhibit A. ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 2 2. TERM OF AGREEMENT The parties agree this Program shall begin as of October 1, 2016 and expire on September 30, 2017, unless such dates are changed in accordance with the provisions of this Agreement. The provisions of this Agreement herein shall be extended to cover any additional time period during which the Subrecipient remains in control of ESG funds or other ESG assets, including Program Income, if applicable. The Subrecipient understands that at the conclusion of the contract term unused funds will be reprogrammed by the City for other grant purposes. 3. AMOUNT OF FUNDING AND PAYMENT FOR PROGRAM SERVICES The City agrees to pay allowable Program costs of the Subrecipient in an amount not to exceed the Program Budget, annexed hereto and made a part of this Agreement and attached as Exhibit B, provided that the Subrecipient submits and maintains all fiscal records and documentation in accordance with fiscal procedures, as established from time to time by the City, and fiscal procedures and requirements applicable under the Act and Regulations, effecting in a timely manner any changes required by the City, the Act or the Regulations. All unexpended funds previously identified in prior subrecipient agreements between the Grantee and Subrecipient are carried over to this Agreement. 4. DEFAULT BY THE SUBRECIPIENT Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, including but not limited to the Scope of Work as stated in Exhibit A, by the Subrecipient or any successor to the Subrecipient, the City has the unilateral right to immediately terminate this Agreement with a full reservation of all other rights, or the City may in its sole discretion allow the subrecipient the opportunity to cure within the parameters that follow. The Subrecipient (or its successor) shall, upon written notice from the City, proceed immediately to cure or remedy such default or breach, within thirty (30) days after receipt of such notice. In case such action is not taken or not diligently pursued in the City determination, or the default or breach shall not be cured or remedied within said time, the City may institute such actions or proceedings as may be necessary or desirable in its discretion to cure or remedy such default or breach; and/or may exercise its rights or remedies pursuant to the other terms and provisions of this Agreement, including termination of this Agreement and recovery of disbursed funds under this Agreement. ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 3 5. SUSPENSION OF AGREEMENT To the fullest extent permitted by law, and not inconsistent with 24 CFR 85.43, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4, above reserves the right to suspend any and all operations of the Program for a period not to exceed seven (7) days for any reason, upon twenty-four (24) hours written notice to the Subrecipient specifying the reasons therefore. In the event that such notice of suspension is served, the Subrecipient shall be entitled to a reasonable opportunity, within the twenty-four (24) hour period preceding suspension, to discuss the reasons therefore directly with the Executive Director of the City of Buffalo Mayor's Office of Strategic Planning or his designee (hereinafter "Executive Director"). The decision to impose any or all suspensions shall be within the sole discretion of the City through the Executive Director or his designee. The Subrecipient agrees not to make any claim, or cause or allow any claim to be made, for or on behalf of any employee, organization, or other person, for salaries or other Program expenses, other than rent, utilities and the like, during any period or periods of time in which Program operations are suspended under this provision. In the event of suspension, the City may, subject to the limitations of 24 CFR 85.43, may withhold any and all further payment(s) under this agreement. In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; or b. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; or c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. 6. TERMINATION OF AGREEMENT To the fullest extent permitted by law and subject to 24 CFR 85.44, or any other applicable law or governing regulation, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4 and 5, above, may, at any time during the term of this Agreement or any extension thereof, terminate this Agreement without cause in the event the terms and conditions hereof are not fully complied with by the Subrecipient, by giving the Subrecipient seven (7) days notice in writing of its intention to terminate for that reason. In the event of suspension, the City may, subject to the limitations of 24 CFR 85.43, the City may withhold all further payment under this agreement. ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 4 1‘3� 7. AMENDMENT OF AGREEMENT The consent to amend or modify this Agreement or the Subrecipient's Program is in the sole discretion of the City. Requests for amendment or modification of this Agreement or Subrecipient's Program shall be made in writing to the Executive Director or his designee specifying the changes sought and the reasons therefore. Should the Executive Director consent to modification or amendment of this Agreement or Subrecipient's Program, the written amendment or modification will be executed by the Subrecipient and the Executive Director or his designee. The consent to amend or modify this Agreement or Subrecipient's Program is in the sole discretion of the City. Requests for modification across budget class items or to add budget cost categories should be submitted in writing to the Executive Director. Such modifications will result in no change in the total funding amount or the terms of this agreement. The Executive Director will decide his/her sole discretion whether such modifications will be allowed based on regulatory and budgetary requirements. In addition. the parties may agree to extend the term of this agreement for an additional one (11 year term to include the 2016-2017 Program Year. Any extension under this section is subiect to anv and all approvals reauired by the City of Buffalo. 8. MONITORING OF AGREEMENT The City and/or its designated agents will monitor the Subrecipient's Program. Such monitoring may consist of but will not be limited to on-site inspections of Program reports, documents, records and activities at any time with or without prior notice and inspection of program financial records and books upon twenty- four (24) hours advance notice. The City will monitor the performance of the Subrecipient against goals and performance standards as stated in this Agreement. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, but said period shall not exceed thirty (30) days after notification, unless the period is extended in writing by the City, the Agreement may be suspended or terminated. 9. LIMITATION OF LIABILITY The City does not assume and shall not be held liable for any costs, debts, or liabilities incurred by the Subrecipient or any officer, agent or employee of the Subrecipient, incurred beyond the scope of this Agreement, and the Subrecipient agrees to hold the City of Buffalo and the City harmless from any such cost, debt or liability arising out of the Subrecipient's activities related to this Agreement. ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 5 10. LIMITATION OF CLAIMS The City will pay no invoices or claims for costs and expenses incurred after the date of termination of this agreement or any extension thereof. The Subrecipient agrees to submit any and all invoices and claims for costs and expenses for the operation of the Program within thirty (30) days after the date of termination of this Agreement, or any extension thereof, or under any termination provision of this Agreement. In the event of termination, the City will pay for all properly incurred expenses and costs of the Subrecipient up to and including the date of termination of this Agreement. The City will not pay any invoices and claims for costs and expenses received more than thirty (30) days after the date of termination of this Agreement, or any extension thereof. 11. AVAILABILITY OF FUNDS The Subrecipient acknowledges that this funding is provided based upon the Agency's determination that the Program funded under this Agreement are eligible activity/activities that meets a National Objective pursuant to the HUD Regulations regarding the ESG Program. The Subrecipient further acknowledges that the cessation of the eligible activity/activities or the failure to commence them within the time frames established in Section 2 of this Agreement shall be a default and breach of this Agreement. The obligations of the City to the Subrecipient under this Agreement shall be limited by the U.S. Department of Housing and Urban Development (HUD) and the Emergency Solutions Grant (ESG) Program regulations, limited to, and subject to the allocation of funds under the grant made available to the City by HUD from time to time during the term of this agreement, and the City allocation of said funds pursuant to all applicable laws and regulations and the City exercise of discretion regarding the allocation of said funds. It is hereby mutually stipulated and agreed that this Agreement shall not become effective and shall not be binding or of any force unless and until the City of Buffalo Department of Audit and Control shall certify that there remains unexpended and unapplied a balance of the appropriation or funds applicable to this Agreement sufficient to pay the expenses of the Program described in this Agreement, as they appear herein. 12. MAINTENANCE OF RECORDS AND SUBMISSION OF REPORTS The Subrecipient shall maintain and provide in an orderly and timely manner, as directed by the City, an original and two copies of any and all reports, documents and records of Program operations, procedures and participant characteristics, mandated by any and all federal, state, local or departmental statues, rules, regulations, laws, or ordinances in effect, promulgated or enacted during the term of this Agreement or any extension thereof. Such reports, documents and records shall be considered the property of the City and shall be maintained in an orderly manner by the Subrecipient for a period of six years beyond any ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 6 termination date of this agreement, or any extension thereof, without cost to the City. The City in its sole discretion may direct the immediate delivery of any and all such reports, documents and records in an orderly manner to the City, upon termination of this Agreement or any extension thereof, for any reason. The Subrecipient agrees to comply with a direction for orderly delivery of any and all such reports, documents and records within seventy-two (72) hours, or forfeit any unpaid claim which the Subrecipient, or any officer, agent, or employee of the Subrecipient, may have against the City for unpaid wages, salaries, fringe benefits, or any other cost disbursement, fee, or debt rising from the operation or termination of this Agreement. The Subrecipient agrees and stipulates to conduct its Program in strict accordance with the Regulations and the requirements and procedures of the Mayor's Office of Strategic Planning and shall maintain records and proper documentation of all activities carried out in furtherance of the Program including but not limited to: A. Records providing a full description of each activity undertaken; B. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Where the activity qualifies under the low - moderate income beneficiary objective, maintain data substantiating Section 8 low/moderate income eligibility of recipients/participants (see attachment for current year Income limits); C. Intake files which provide data on participant characteristics required for federal reporting; D. Logs or files documenting attendance of participants; and E. Financial records as required by 2 CFR 85.20-26 and 24 CFR 576; F. Daily log and time sheets of each employee with total hours worked and hours devoted solely to Emergency Solutions Grant (ESG) activity; G. Payroll records detailing hours and amounts paid, withholdings in accordance with laws and regulations; and H. Payroll reports evidencing compliance with payroll reporting required by federal and state regulatory agencies; and I. Contracts for any third party agreements; and J. Invoices, travel reports, receipts and other independently prepared documents supporting allowable charges to the Program; and K. Evidence of payment for all costs claimed for reimbursement in connection with the Program; and L. Except for petty cash items, all expenses should be paid by company check. Subrecipient must have an imprest petty cash system with adequate controls and approvals and petty cash must be used only for small dollar purchases (e.g., less than $50.00). Subrecipient must provide a written description of the petty cash system to the City of Buffalo Department of Audit and Control and/or the Executive Director, as so directed from time to time, prior to the approval of any petty cash cost claims; and ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 7 M. Itemized fixed asset records showing date of purchase, vendor, cost, serial or other identification number, source of funding, etc, Asset details should be reflected on fixed asset acquisition forms and disposition forms that should be prepared using the City approved forms; and N. Quarterly Performance reports which track the progress of applicants through the Program processes; and 0. Minutes of the meetings of the Subrecipient's board of directors, and P. Data ensuring that program beneficiaries are homeless according to the definition of homeless found at 24 CFR 576.3 of the Regulations; Q. Subrecipient maintains records to ensure that families who are assisted under a homeless prevention program have received eviction notices or notices of termination of utility services meet the requirements of 24 CFR 576.21 (a)(4) of the Regulations regarding the reduction of income, resumption of payments and other requirements, and R. Subrecipient has established an individual case file for each program beneficiary, and S. Subrecipient has established a chronological program log to track the addition of clients to the program, and T. Subrecipient maintains records to document the homeless individuals and families are given assistance in obtaining appropriate supportive services including permanent housing, medical health treatment, mental health treatment, counseling, supervision and other essential services for achieving independent living, and U. Subrecipient has maintained records to document the provision of funds which may be used as a match for funds provided under the Emergency Solutions Grant program, and V. Subrecipient must be Homeless Management Information System (HMIS) certified by the Homeless Alliance of Western New York (HAWNY), attend HMIS training conducted by HAWNY or HUD authorized trainer, and receive a HMIS license after completing mandatory training. During the course of the contract the Subrecipient will: 1. Enter all Universal HUD Data Elements into HMIS for every client. 2. Enter each client into HMIS within 24 hours of contact. 3. Exit each client from HMIS within 24 hours of program exit. 4. Submit required HPRP required reports to HAWNY and the City of Buffalo by the notified deadlines. 5. Answer all data quality reviews (including but not limited to Monthly Issue Reports) within 30 days or the time allocated within the Data Quality Reports Policy for HPRP, and W. Any other record that the City may require during the term of the Agreement. Such information shall be made available to the City monitors or their designees for review upon request. The Subrecipient shall submit to the City regular reports as follows: A. Monthly requests for reimbursement of allowable program costs, in a form as established by the City; ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 8 B. Quarterly reports due within 15 days of the end of the quarter detailing daily units of service by program Exhibit H; C. A year end closeout report documenting all applicants processed, in a form as established by the City;; D. Periodic performance measurement reports in a format to be provided by the City; E. A year end fixed asset inventory, in a format provided by the City; F. A copy of its annual audited financial statements and auditor -prepared management letter; and G. A copy of its annual Single Audit report; and any other report that the City may require during the term of this Agreement. The Subrecipient agrees to send appropriate representatives to any training sessions held by the City to explain or implement the above requirements and federal regulatory issues. The Subrecipient agrees that the City may withhold payment of any part of the costs of the Program for failure to provide and maintain requested documentation, submit Program reports in the format provided by the City and in accordance with the time schedules set forth above. 13. DECISIONS BY THE CITY In case of any ambiguity in the terms of the Program, the preparation and maintenance of any and all reports, documents, and records, the administrative or fiscal procedures to be followed, and the interpretation of any and all federal, state, local, or departmental statutes, rules, regulation, laws or ordinances, the matter must be immediately submitted to the City which shall resolve the same and its decision in relation thereto shall be final and conclusive upon the Subrecipient to the extent provided by the law. 14. CLOSE-OUT PROCEEDINGS This Agreement shall remain in effect during any period that the Subrecipient has control over grant funds, including program income. The Subrecipient agrees that the City may withhold payment of any part, up to ten percent (10%) of the total costs for the Program, until such time as the Program close out procedures have been completed to the satisfaction of the City. The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any ESG funds on hand at the time of expiration or termination along with any other accounts receivable attributable to the use of ESG funds. 15. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the Subrecipient agrees as follows: ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 9 A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non-discrimination clause. B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City's contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise proved by law. F. In the event of the Subrecipient's non-compliance with the non-discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. ESG Subrecipient Agreement Year 42 (9' Agreement for Management, Implementation and Delivery of Services Page 10 G. The Subrecipient will include the provisions of Paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the Office may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Office, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 16. LIVING WAGE ORDINANCE OF THE CITY Subrecipient and its agents shall comply with the Living Wage Ordinance of the City (Buffalo City Code Sec.96-19) (Ordinance), if applicable. Compliance includes: a. Paying all covered employees a living wage. Covered employees are all employees, full or part-time, employed in, on, or for the project or matter subject to the contract, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. b. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. c. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. d. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and/or a grievance with the City's Living Wage Commission. The City has the discretion to terminate this Agreement and pursue any other legal remedies if Subrecipient and/or its agents fail to comply with the Ordinance. 17. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES It is the policy of the City that equal opportunity to participate in subrecipient procurements is provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the City are placed with minority and women owned business enterprises, the Subrecipient agrees to take affirmative action to the fullest extent consistent with sound procurement principles and applicable law(s) ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 11 to identify qualified enterprises and to solicit bids and quotations from them, and in making awards and purchases to give equitable consideration to these enterprises. Such action shall include, but is not limited to: A. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. B. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. C. Subrecipient shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of 30% minority and women owned business enterprises. 18. WORKPLACE DIVERSITY The City of Buffalo is committed to achieving excellence in workplace diversity that encompasses the equity and social justice principles of the local, state and federal Equal Employment Opportunity laws and the City of Buffalo's policies that promote participation by minority and women owned business enterprises. The City encourages its contracting partners to adopt business methods and models that foster and strive for diversity within their workplaces as a matter of course. In managing and valuing diversity, the City recognizes that it is the key component of effective people management as well as it is the key to significant organizational benefits such as enhancing productivity of all staff, enhanced equality of opportunity, recruitment and selection from a wider pool of talents, improved service and client satisfaction and a positive community image. It gives effect to the principles of Equal Employment Opportunity. The City encourages our contracting partners to achieve a workforce that reflects the profile of the broader community and capitalizes on this City's vibrant diversity of people. 19. FEDERAL LABOR REQUIREMENTS (SECTION 3, HUD Act of 1968) Section 3 Compliance in the Provision of Training employment and Business Opportunities: the Subrecipient shall cause or require to be inserted in full in all contracts or subcontracts for the program work funded with assistance, the Section 3 Clause as follows: A. The work to be performed under this Agreement is on a project assisted under a program provided direct Federal Financial Assistance from the Department of Housing and Urban Development and subject to the requirements of Section 3 of the Housing and Urban Development Act of ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 12 1968, as amended, 12 USC, 170Iu. Section 3, requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the Program area and contracts for work in connection with the Program be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the Program. B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. C. The Subrecipient will send to each labor organization or representatives of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal Financial Assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, of the regulations set forth in 24 CFR Part 135 and all applicable rules and orders of the Contract, shall be a condition of the Federal Financial Assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns to these requirements shall subject the applicant or recipient, its Subrecipients and subcontractors, its successors and assigns to those sanction specified by the grant or loan agreement or contract through which Federal assistance is provided and to such sanction as specified by 24 CFR Part 135. F. See Exhibit D: Statement of Compliance with Section 3, Housing and Urban Development Act of 1968. 19. COMPLIANCE WITH LAW AND REGULATIONS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations concerning the Emergency Solutions Grant Program ("ESG"). The ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 13 Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR part 58 and the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient agrees to conduct any and all activities under this Agreement in strict compliance with the mandates of any and all federal, state, local or departmental statutes, rules, regulations, laws, ordinances or grants, in effect or promulgated during the term of this Agreement or any extensions thereof, related to the Program. Without in any way limiting the foregoing, federal requirements adhered to shall include but not be limited to O.M.B. Circular No. A-122, "Cost Principles for Non -Profit Organizations," to O.M.B. Circular A-110, "Uniform requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations," and to O.M.B. Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations (2003), each to the extent applicable. 20. CONFLICT OF INTEREST The City and the Subrecipient represent to each other that all or most of the Subrecipient Board Members and Officers are also City employees. Persons falling within these potentially conflicting roles will complete appropriate conflict of interest disclosure. Execution of the terms of this Agreement shall be in strict compliance with all applicable federal, state and local laws and regulations concerning the avoidance of any conflict of interest. Except as set forth above, the Subrecipient represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City nor are their immediate family members employees of the City nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by HUD. Violation of the terms of this agreement shall be cause for termination of this Agreement, and a voidance of any benefit to the Subrecipient otherwise created for the Subrecipient concurrent with the Conflict of Interest. The Subrecipient shall report all conflicts of interest for review by the City by the submission of the report enclosed as Exhibit C. ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 14 21. FUNDED BY THE CITY OF BUFFALO'S ESG PROGRAM The parties agree that the Subrecipient and its officers, agents, and employees shall neither claim nor represent by use of any work, symbol, seal or logo that any individual engaged in Program activity or the Program itself or the Subrecipient is any City division, department, officer, agent, employee, or part of the government or administration of the City. Provided, however, that in all public statements or communications regarding the Program, the Subrecipient shall indicate in some manner that the City furnishes funds for the Program. 22. ASSIGNMENT The Subrecipient agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or any right, title, obligation, or interest it may have therein, without prior written consent from the City. Any such assignment, transfer, conveyance, or disposition of this Agreement, or any right, title, or interest therein without prior written consent of the City will relieve the City of any and all liabilities and obligations growing out of this Agreement to the Subrecipient or to the person or corporation to which this Agreement shall have been assigned, transferred, conveyed, or otherwise disposed of and the Subrecipient and its assignees or transferees shall forfeit and lose all moneys theretofore earned under this Agreement. 23. TITLE AND OWNERSHIP Title and ownership of any equipment, furniture, furnishings, or other property to be purchased by the Subrecipient under the terms of this Agreement, or furnished to the Subrecipient by the City, for use in carrying out the objectives of the Program shall vest in the City. Any and all such property shall be returned to the City in good condition upon the termination of this Agreement or any extensions thereof. An inventory of all such equipment, furniture, furnishings or property shall be maintained by the Subrecipient in a manner prescribed and approved by the City. At the expiration or termination of this Agreement the Subrecipient shall provide a written inventory to the City of Buffalo's Office of Strategic Planning and the City of Buffalo Department of Audit and Control. Equipment not needed by Subrecipient for activities shall be transferred to the City or, after obtaining the City pre -approval, retained by Subrecipient after compensating the City pursuant to the Regulations. 24. REQUIREMENTS FOR RENTING PROPERTY The Subrecipient covenants not to lease or rent any real estate, building, or portion thereof, for which rental moneys have been wholly or partially allocated under this Agreement, without securing from the Lessor thereof a lease, agreement, or modification of an existing lease or agreement, which provides the following assurances: The Lessor hereby represents that as of the date of execution of this ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 15 '5 document, no taxes, judgments, service charges, or fees relative to the premises, are overdue or owing to the City of Buffalo, or any agency, department, authority, or board thereof or therein. In addition, the Lessor covenants to pay promptly any and all such taxes, judgments, service charges and fees relative to the premises which become due or payable to the City of Buffalo or any such agency, department, authority, or board during the term of the Lessee's contract with the City for the Program herein. Furthermore, the Lessor agrees that any and all moneys designated as rent in the lease or rental agreement may, upon written notice, be withheld and diverted by the Lessees to pay any and all taxes, judgments, services charges, or fees relative to the premises, overdue or owning more than ninety (90) days to the City of Buffalo or any of the aforesaid agencies, departments, authorities, or boards. Furthermore, the Subrecipient agrees to furnish the City with a copy of the executed lease, agreement, or modification of an existing lease or agreement, before any voucher for rental payment is submitted to the City for payment under this Agreement. Rental costs paid to the Subrecipient, its parent, subordinate or other related parties shall not be allowable unless supported by adequate cost allocation methods (e.g., costs allocated via square footage direct program usage plus any reasonably allocated common space). The cost allocation plan and supporting documents must be provided to the City of Buffalo Department of Community Services prior to claiming any such costs. 25. FEDERAL REQUIREMENTS A. The Subrecipient stipulates that no facility to be utilized in the performance of the Program is listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. B. The Subrecipient agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1875c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. The Subrecipient agrees that prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The Subrecipient agrees that no amount of the assistance provided under this Agreement will be utilized with respect to a facility that has given rise to a conviction under Section 113 (c) (1) of the Clean Air Act of Section 309 (c) of the Federal Water Pollution Control Act. ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services O Page 16 ‘f E. The Subrecipient agrees that it shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948.62 Stat. 862; Title 18, USC, Sec. 874 and Title 40 Sec. 276a) and any amendments or modifications thereof; shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto; and shall be responsible for the submission of statements required of subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. F. The Subrecipient agrees to comply, when applicable, with The Davis -Bacon Act and shall comply with the regulations of the Department of Labor pursuant to 29 CFR 3, 5, and 5A when necessary. G. The Subrecipient agrees to comply with the federal ESG regulations as contained in 24CFR part 576. H. The Subrecipient agrees to comply with all federal, state, and local laws, rules, and regulations prohibiting discrimination against any class or status of protected persons. 26. MATCHING FUNDS Each local government grantee, other than a territory, must match dollar -for - dollar the ESG funding provided by HUD with funds from other public or private sources. A grantee may comply with this requirement by providing matching funds itself, or through matching funds or voluntary efforts provided by any recipient or project sponsor. Matching funds must be provided after the date of the grant award to the grantee. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. The City or its designee shall compute the amount of the Subrecipient's matching funds as required pursuant to the provisions of 42 U.S.C. 11375. 27. USE OF RENOVATED FACILITIES The Subrecipient promises and agrees to comply with 24 CFR Part 576.53 relative to use as an emergency Solutions. Any building for which the emergency Solutions grant amount is used for renovation for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than a three-year period; or if the grant amounts are used for major rehabilitation or conversion of the building for not less than a ten year period. Any building for which the emergency Solutions grant amount is used for provision of essential services to the homeless, or payment of maintenance and operations expenses at the shelter must be maintained as a shelter for the period during which such assistance is provided. A substitute site may be used ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 17 during this period so long as the same general population is served. It shall be the duty and obligation of the Subrecipient to locate and provide a substitute site or shelter to complete the balance of the required time as specified above should the need arise. The substitute site must serve the same general population originally served with grant funds. 28. HOMELESS PREVENTION ACTIVITIES In the event that the Subrecipient's Scope of Services includes the development and/or implementation of a program to provide for prevention of homelessness, the Subrecipient must comply as follows: If funds under this Agreement are to be used to assist families that have received eviction notices or notices of termination of utility services, the following conditions must be met: The ability of the family to make the required payments must be the result of a sudden reduction in income; A. The assistance must be necessary to avoid eviction of the family or termination of services to the family; B. There must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and C. The assistance must not supplant funding for preexisting homeless prevention activities from any other sources. 29. HOMELESS DEFINITION As required under this contract, "homeless" shall be defined pursuant to 24 CFR 576.3 and 42 USC 11302, as an individual or family which lacks a fixed, regular, and adequate nighttime residence; or an individual or family which has a primary nighttime residence that is: 1. a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for persons with mental illness); 2. an institution that provides a temporary residence for individuals intended to be institutionalized; or 3. a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings. Note - the term does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State Law. 30. LEAD BASED PAINT HAZARD REDUCTION REQUIREMENTS The Subrecipient shall comply with all applicable requirements of Lead Based Paint Poisoning Prevention Act and the implementing regulations found at 24 CFR Part 35 and the Residential Lead -Based Paint Hazard Reduction Act, referred to as "Title X" and the implementing regulations found in the final rule released in September, 1999 and all amendments and revisions. A copy of the Lead Based Paint Requirements applicable to the Emergency Solutions Grant Program has been provided to the Subrecipient as part of the Emergency ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 18 Solutions Grant Program Lead Based Paint Guidance. Additional information may be found at the web site for the Department of Housing and Urban Development at www.hud.gov/offices/lead/ and http://www.hud.gov/offices/cpd/homeless/. 31. POLITICAL ACTIVITIES The Subrecipient agrees that neither the funds provided for the Program, nor the personnel employed in the administration of the Program, shall be in any way or to any extent engaged in the conduct of political activities in contravention of the Hatch Act (Chapter 15 of Title 5, United States Code). 32. PROHIBITION AGAINST RELIGIOUS ACTIVITIES A. The Subrecipient agrees that none of the funds provided for the Program shall be used to support or engage in religious or sectarian activity, or any other ineligible activity. B. The Subrecipient represents that if it is, or may be deemed to be, a religious or denomination institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denomination institution or organization that it agrees that with regard to public services provided for in whole or in part with funds provided for under this Agreement that: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; - 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; 5. The funds received under this Agreement shall not be used to construct, rehabilitate or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; Provided that, minor repairs may be made if such repairs (1) are directly related to the public services; (2) are located in a structure used exclusively for non -religious purposes; (3) constitute in dollar terms only a minor ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 19 portion of the expenditure of the funds for the public services; and (4) are specifically authorized under this Agreement. 33. EMPLOYMENT BY SUBRECIPIENT All personnel of the Subrecipient shall be within the employment of the Subrecipient only, which alone shall be responsible for their work, the direction thereof and their compensation. Nothing in this Agreement shall impose any liability or duty on the City of Buffalo, for the acts, omissions, liabilities, or obligation of the Subrecipient. 34. HOLD HARMLESS PROVISION The Subrecipient shall defend, indemnify and save harmless the City of Buffalo, their officers and employees from all claims, suits, actions, damages, losses, and costs of every name and description to which the City may be subjected or put by reason of any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Subrecipient, its employees, agents or subcontractors, in the performance of any work under this Agreement. The insurance coverage described below must include language that states that the insurance carrier will defend the City for any and all claims resulting from this Agreement. Furthermore, the whole, or so much of the money to become due under this Agreement as shall be considered necessary by the City, may be retained by it until all suits or claims for damages shall have been settled or otherwise disposed of, and evidence to that effect furnished to the satisfaction of the City. 35. INSURANCE REQUIREMENTS Initially, the Subrecipient shall provide proof of the following insurance through production of certificates of insurance in a form approved by the City of Buffalo Corporation Counsel as to the following. A. Insurance Type/Description 1. Workers' Compensation and Employer's Liability Insurance - covering the Subrecipient as named insured for his liability under the law. The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 2. Comprehensive Bodily Injury and Property Damage Liability insurance, naming the City Of Buffalo as an additional insured with the following limits. a. General Aggregate $2,000,000 b. Products -Completed Operations Aggregate Limit $1,000,000 c. Personal and Advertising Injury Limit $1,000,000 d. Each Occurrence Limit $1,000.000 ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 20 B. Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled by the Subrecipient or insurance company without thirty (30) days written notice to The City of its intention to cancel. C. Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York, covering operations under this Agreement. D. The Subrecipient shall supply a certificate of insurance that names the City of Buffalo as a named insured. The address for transmittal shall be City of Buffalo Department of Community Services, 65 Niagara Square 1701 City Hall, Buffalo NY 14202. Coverage provided by a provision in the Subrecipient's policy to the City under an "insured contract" or similar provision shall not be acceptable. The City must be delineated as a separate insured on each policy by a separate endorsement. E. Within thirty (30) days of the execution of this Aareement, Subrecipient shall supply copies of the declaration pages, insurance policies and all other necessary proof as required by the City that the coverage required by the City under this Agreement is in effect. F. Fidelity Bond - The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase fidelity insurance covering all employees in an amount as directed by the City. If directed by the Grantee, the Subrecipient shall further maintain a performance bond to secure fulfillment of all the Subrecipient's obligations under the Agreement, up to the amount of Subrecipient's administration allocation or other protections to insure performance as determined by the Grantee in its sole discretion. The Grantee will provide reasonable written notice to the subrecipient of any such additional assurances. 36. AGREEMENT TAKES PRECEDENCE In the event of any conflict or ambiguity between the general provisions of this Agreement and the special provisions of the Exhibits, the general provisions of the Agreement shall take precedence. 37. TRANSFER OF ASSETS The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any ESG funds on hand at the time of expiration or termination along with any accounts receivable attributable to the use of ESG funds. Moreover the Subrecipient agrees that any real property under the control of the Subrecipient which was acquired or improved in whole or in part with ESG funds in excess of $25,000.00 shall be disposed of in a manner that results in the City being ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 21 reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-ESG funds for either acquisition or improvement of the property. 38. REPORTING AND PAYMENT PROCEUDRES A. Indirect Costs — If indirect costs are charged under this Agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City. B. Payment Procedures — The City will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent and limited by any approved budget, Federal regulations and the City policy concerning payments (see Exhibit G). Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the City in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the City reserves the right to the extent allowable to liquidate funds available under this contract for costs incurred by the City on behalf of the Subrecipient. C. Progress Reports — The Subrecipient shall submit regular Progress Reports to the City in the form, content, and frequency as required by the City. If the Subrecipient fails to submit such reports, all fund payments may be suspended under this Agreement. 39. PROCUREMENT A. Compliance — The Subrecipient shall comply with the City's current policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement. B. OMB Standards — Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of CFR 85.36 and OMB Circular A-87. C. Travel — The Subrecipient shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this Agreement. 40. AUDIT REQUIREMENTS (Revised 6/03) The Office of Management and Budget (OMB) has issued a new Circular A-133, effective for audits of fiscal years beginning after June 30, 1996, which changes certain audit requirements related to single audits. One of the major provisions of the new rules raises the threshold to $300,000 ($500,000 for fiscal years ending after December 31, 2003) of Federal awards expended for when a single audit is required. This change could have a major impact on how your organization will ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 22 comply with this new Circular. Under the new rules, you will not be required to submit a single audit to the City unless the Federal awards expended for your fiscal year are $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more. The rules depending on your Federal funding level are as follows: Organizations with less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards expended: If your Federal awards expended are less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) for your fiscal year, no single audit is required to be submitted to this office. Furthermore, the City cannot reimburse you for any single audit costs under these conditions. Any limited scope audits of your contracts that are deemed necessary will be initiated and paid for by the City. Organizations with $300,000 000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards expended: If your Federal awards expended are $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more for your fiscal year, you must submit a single audit to the City of Buffalo Department of Audit and Control in accordance with the new Circular A-133. A portion of the audit cost will be paid as it was previously. The accounting firm performing your single audit should have a copy of the new regulations and be familiar with them. Please note that the audit should contain a Statement of Program Costs and Budget Amounts for any ESG contracts covered under the audit period. Any questioned costs should also be noted in this schedule. 41. Notice to Subrecipient for Additional Information From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. 42. Notice to Subrecipient of Change in Procedures for Reimbursement If any additional requirements not in effect at the time of execution of this Agreement are subsequently required by the City in order to process requests for reimbursements and/or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change, the requirements in effect at the time of the execution of this Agreement, or which were later amended through notice to the Subrecipient pursuant to this provision, shall be followed by the parties. ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 23 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their name and behalf by the below authorized individuals/representatives as of the first day above written. FOR THE SUBRECIPIENT BY: Nona B. Watson, Executive Director Date (Print) Name & Title APPROVED AS TO FORM ONLY BY: DATE: BURA General Counsel The Remainder Of This Paae Is Left Intentionally Blank ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 24 (0 FOR THE CITY OF BUFFALO 1. APPROVED AS TO FORM ONLY BY: DATE: City of Buffalo Corporation Counsel 2. CITY OF BUFFALO AUTHORIZED REPRESENTATIVE BY: DATE: (Space Below reserved for Authorized Stamp of the City of Buffalo Department of Audit and Control) EXHIBITS: A. Program Scope of Work B. Program Budget C. Conflict of Interest Disclosure D. Statement of Compliance with Section 3 E. Suspension and Debarment Certification F. Subrecipient Audit Corrective Action Plan G. ESG Subrecipient Requirements H. ESG Quarterly Report Forms ESG Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 25 STATE OF NEW YORK) COUNTY OF ERIE ) SS: On this day of , 2016, before me the subscriber, personally came Mayor Byron W. Brown, known, who being by me duly sworn, did depose and say that he resides in the City of Buffalo; that he is the Mayor of the City of Buffalo, the municipal corporation described in and which executed the above instrument; and that he signed his name to the foregoing instrument by virtue of the authority vested in him by the laws of the State of New York and the local laws and ordinances of the City of Buffalo. Notary Public/Commissioner of Deeds STATE OF NEW YORK) COUNTY OF ERIE ) ss.: On the day of , 2016 before me, the undersigned, a Notary Public in and for said State, personally appeared Nona B. Watson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public/Commissioner of Deeds ESG Subrecipient Agreement Year 42 EXHIBIT A SCOPE OF SERVICES The Subrecipient will provide the following Scope of Services pursuant to the terms of this Agreement and as directed by the City of Buffalo: For Fiscal Year 40 and Previous Fiscal Years: 1. The Subrecipient shall monitor the requisitions for reimbursement, reconciliations for HUD Integrated Disbursement and Information System (IDIS) and any other related accounts related to the Emergency Solutions Grant (ESG); 2. The Subrecipient will review requisitions submitted by ESG program participants and/or other ESG subrecipients for HUD eligibility determination; For All Fiscal Years: 3. The Subrecipient will prepare any ESG related materials for the City of Buffalo Consolidated Plan and Annual Action Plans; 4. The Subrecipient will prepare HUD required quarterly reports and any other ESG reports as required by HUD; 5. The Subrecipient will provide any other assistance to the City of Buffalo for prior year, current or future ESG related activities at the request of the City of Buffalo and that the Subrecipient is reasonably able to provide. EXHIBIT A Administrative and Operating: EXHIBIT B PROGRAM BUDGET $85,310.00 Subcontract: Homeless Alliance of WNY $60,000.00 Total Budgeted Costs: $145,310.00 EXHIBIT B EXHIBIT C Conflict of Interest Disclosure The Subrecipient represents that none of its employees, officers, compensated members, contractors or consultants are, or for the duration of this agreement will be, employees of the City of Buffalo nor are their family members or business relationships employees of the City of Buffalo nor will their employees, officers, compensated members, contractors or consultants obtain a financial interest either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter. The Subrecipient must formally disclose all potential Conflicts of Interest to the City of Buffalo. Disclosure: Are you, or are you related to (by blood, marriage, act of law, or business relationship) any person who is an employee of the City of Buffalo, the Municipal Housing Authority (BMHA), Board of Education, Sewer Authority or any other entity funded by the Emergency Solutions Grant? YES NO If yes, a full disclosure must be forwarded on official letterhead to the City of Buffalo. The notice must include: Name: Job Title or Position: Disclosure must include: 1. Name of Relation 2. Department 3. Position 4. Relationship The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to disclose all potential conflicts of interest. Vice Chair Signature Date EXHIBIT C 11)0 EXHIBIT D STATEMENT OF COMPLIANCE WITH SECTION 3, HOUSING AND URBAN DEVELOPMENT ACT OF 1968 SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES This Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, the HUD regulations issued pursuant thereto at 14 CFR, Part 135, any applicable rules and orders of HUD issued thereunder prior to the execution of this contract. The Section 3 clause, set forth in 24 CFR, 135.20(b) provides: The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The Subrecipient agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Subrecipient will not subcontract with any subcontractor where the Subrecipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the EXHIBIT D regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extend feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The Subrecipient agrees to abide by the Section 3 clause set forth above and the City of Buffalo Section 3 requirements and will also cause this Section 3 clause to be inserted in any subcontracts entered into with third parties for work covered by this Agreement. The Subrecipient: By: Title: Vice Chair President Date: EXHIBIT D EXHIBIT E City of Buffalo Certification of Assurance of Compliance Regarding Suspension and Debarment In accordance with the common rule implementing Executive Orders 12549 and 12689, the implementing rules and regulations thereof, a Certification of Compliance with the Suspension and Debarment rule is required of bidders or prospective contractors receiving a contract or award. Receipt of such certification shall be a prerequisite to the award of contract and payment thereof. Certification of Subrecipient I (We) am an authorized representative and hereby certify that our firm, as producer of the goods and/or services to be purchased, has complied with all applicable requirements of the Suspension and Debarment rule. Name: Title: Board President Firm Name: Signature: Date: Verification by Project Manager On the federal website was checked to ensure the above - referenced vendor does not appear on the list of parties that are debarred, suspended or otherwise excluded from a ineligible for participation in federal assistance programs or activities. Signature: Date: Print or Type Name: EXHIBIT E 4' EXHIBIT F Subrecipient Audit Corrective Action Plan I. OBJECTIVE The objective of this plan is to assure compliance by the Subrecipient with the organization -wide financial audit requirements, as set forth in OMB Circular A- 133, as amended 2003. II. AUDIT NOTIFICATION PROCEDURES This Subrecipient agreement includes a requirement for compliance with OMB Circular A-133. The City of Buffalo (the City) shall notify the Subrecipient of an organization -wide audit requirement on an annual basis through this exhibit to the annual Agreement with the Subrecipient. Additional updates to OMB Circular A-133 may also be obtained by accessing the Office of Management and Budget's website at www.whitehouse.aov/omb/circulars/index. The Subrecipient will acknowledge this requirement by signing off on this exhibit. III. RESPONSIBILITIES OF THE SUBRECIPIENT The Subrecipient shall use its own procedures to arrange for an independent audit of its financial statements in accordance with generally accepted government auditing standards. The purpose and scope of the audit shall be to: a. Give an independent opinion of the financial position. b. Detect material fraud or misrepresentation. c. Review internal control procedures. d. Determine compliance with OMB Circular A-133 and additional HUD guidelines. e. Aid the Subrecipient. The preparation of an independent audit shall be undertaken within thirty (30) days of the close of the fiscal year, and shall be completed within 120 days. The audit should contain a statement indicating compliance with OMB Circular A-133. Two copies of the audited financial statements shall be transmitted to the Office of Strategic Planning within thirty (30) of the audit completion days. A copy shall be retained by the City Of Buffalo Office of Strategic Planning and a copy sent to the City of Buffalo Department of Audit and Control. IV. AGENCY REVIEW AND SUBRECIPIENT COMPLIANCE The City shall review audits for compliance with OMB Circular A-133. Findings of noncompliance in the audited financial statement of the Subrecipient will be resolved in the following manner: a. The City will notify the Subrecipient by letter that it has six (6) months to correct the findings, starting from the date of the letter of notification. Proof of EXHIBIT G compliance must be provided by the Subrecipient in writing within the six (6) month period. b. If a finding cannot be resolved within six months, the Subrecipient will request an extension of time to comply, indicate the anticipated time of completion and describe the plan of action for achieving compliance. c. The City will review the extension request and advise the Subrecipient accordingly. In cases of noncompliance or unwillingness of the Subrecipient to cooperate, the City Of Buffalo may take any of the following actions: a. A warning letter from the Executive Director of the City of Buffalo Office of Strategic Planning may be sent to the Subrecipient expressing concern about noncompliance, reiterating those actions which could be taken against the Subrecipient for failing to comply. The letter will contain an immediate deadline for compliance and may require an interview with appropriate City staff. A follow-up meeting could be held with representatives from the Subrecipient and the City to determine the most feasible means of resolving the problem. b. If the Subrecipient should fail to respond to the warning letter in a satisfactory manner, the City may not honor the Subrecipient's cost reimbursement requests for payment. Continued noncompliance could cause any of the following actions to occur: a. Suspension from the program. b. A demand for the remittance of unexpended funds and payments previously received as determined by the County to be due. c. Exclusion from future participation in the Emergency Solutions Grant Program. V. MONITORING OF THE SUBRECIPIENT The Subrecipient shall be monitored during scheduled visit to assure that all outstanding audit findings are resolved. Additionally, one phase of the site monitoring visit shall focus on whether the management system reviewed by the auditors is still being used. The Subrecipient acknowledges receipt of this policy and verifies that the Subrecipient will comply with OMB Circular A-133 and the requirements disclosed above. (Signature of Vice Chair President) (Print or Type Representative Name) EXHIBIT G (Date) (Date) 0 EXHIBIT G ESG SUBRECIPIENT REQUIREMENTS The enclosed guidelines provide general information about the operation of your Emergency Solutions Grant (ESG) contract with the City of Buffalo. These guidelines are not meant to be all-inclusive. For greater detail, please refer to your grant contract and to the ESG program regulations and to OMB Circulars A-122 and A-110. General Information for Agencies Prior to submitting costs for reimbursement, a contract must be created, signed and approved by the City of Buffalo. Review and reimbursement of costs submitted under the ESG contract is assigned to the City's Department of Community Services. In order to process claims, the Department of Community Services requires the completion of a subrecipient check-in package which provides basic information about the recipient and its accounting system. The ESG grant provided is to be primarily on a reimbursement basis. This means that costs must be incurred and paid prior to submission for reimbursement by the City. The City has established standard forms to be used to claim costs for reimbursement. See separate Requisition Guidelines enclosed with this package. It is required that agencies complete requisitions at least monthly but not more than on a bi-weekly basis. Special Advances - Upon the request of subrecipient personnel, the City may consider a request for a special advance. The subrecipient must provide a letter to the City, which summarizes the cost categories and amounts to be reimbursed. A requisition supporting the amount received must be submitted within 5 working days of receipt of a special advance. Budgeted Costs - Costs incurred must be included in the approved budget as contained in the signed contract. Unallowable Costs - A list of general unallowable costs has been attached for your information. All personnel authorized to expend ESG funds must review this listing. These costs, if incurred by an agency, will not be reimbursed. Invoice Support — Copies of invoices/receipts will be required for all reimbursements of expenses. Only detailed invoices or receipts will be accepted as proof of costs claimed. Purchase orders, order forms, memos, summary statements, freight slips, etc. do not independently constitute support and will not be accepted without detailed invoices or receipts. EXHIBIT G Fixed Asset Purchases — Fixed asset purchases must be budgeted in the contract budget in order to be reimbursed. Segregate the cost of the asset in Class 6 from any supplies purchased at the same time (which should be claimed under Class 5). Each asset should be claimed on a separate line in the cost summary and a "Capital Outlay Addition Form" should be prepared and attached to the claim (see form attached). A copy of this form should be retained for your inventory records. Fixed Asset Records - Fixed assets records are to be maintained at each agency location for all items of a capital nature purchased with ESG funds (in whole or part, current, past and future contracts). As part of the check-in procedures for the ESG grant, the City will require that you provide a listing of ESG fixed assets. Periodically, the City of Buffalo will require that you take a physical inventory of these assets. At least every two years, City personnel will perform an on-site monitoring visit to review the assets and assess their condition. Fixed Asset Disposals — Fixed assets that were purchased with grant funds are to be maintained in good condition and used in the program in future periods. It is the Subrecipient's responsibility to provide adequate security for assets to prevent theft or breakage. When assets become worn or are replaced, or are otherwise out of service, a "Capital Asset Disposition Form" (see form attached) should be prepared and forwarded to the City. The purpose of this form is to obtain City permission for the disposal of any asset. Designated City personnel will want to inspect the asset prior to disposition. Any proceeds from the sale of a fixed asset purchased with grant funds may, with the City's prior approval, be used for grant activities. Property Management Standards (per Federal Register, Office of Management and budget Circular A-102) 1. The grantee's property management standard for nonexpendable personal property shall include the following procedural requirements. (a) A description of the property. (b) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (c) Source of the property including grant or other agreement. (d) Whether title vests in the grantee or the Federal Government. (e) Acquisition date (or date received, if the property was furnished by the Federal Government) and cost. (f) EXHIBIT G Percentage (at the end of the budget year) of Federal participation in the cost the project or program for which the property was acquired. (Not applicable to property furnished by the Federal Government.) ciP (g) Location, use and condition of the property and the date the information was reported. (h) Unit acquisition cost. (i) Ultimate disposition date, including date of disposal and sales price or the method used to determine current fair market value where a grantee compensates the Federal agency for its share. 2. Property owned by the Federal Government must be marked to indicate Federal ownership. 3. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. 4. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented; if the property was owned by the Federal Government, the grantee shall promptly notify the Federal agency. 1. Adequate maintenance procedures shall be implemented to keep the property in good condition. 2. Where the grantee is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return. General Requirements 1) The City must receive an executed contract and check-in package before any advances or reimbursements can be processed. 2) Any special advances issued must be closed out within one week of receipt of the funds. A special advance can be obtained through a written request specifying the amounts to be paid, by class of expense, and signed by the Board President. 3) All requests for reimbursement must be submitted on City approved forms. The requisition summary should be submitted on the two-part "Requisition for Funds" (RFF) form. Complete the information at the top of the form, lines (A) & (B) of the expense section, and all of the information under the "certification" heading. Only the chairperson or his/her written designee can sign the request. 4) Costs claimed for reimbursement should be detailed on the claim forms that are EXHIBIT G separate for each class of expense. These class sheets require details such as the check number, date of check, payee, check amount and the amount being claimed under the ESG program. A short description of the expense and other details may be required. 5) Do not claim mixed expenses on the same form — claim each expense separately on the proper class form. (For example, Class 4 supplies should be segregated from Class 6 capital outlays even if they were purchased on one invoice; if necessary makes a copy of the invoice to submit costs in two different classes). 6) Copies of bills. invoices and timesheets must be submitted for all costs claimed. Copies can only be accepted when the ESG reimbursement is less than 50% of the total bill. 7) All documentation for expenses claimed should be batched by class, in the order shown on the claim form, to facilitate the City review. 8) Any expenses submitted must have already been paid as evidenced by the check number noted on the claim form. 9) Costs in excess of the class limits will be disallowed. If you require a contract change, contact your program monitor for written approval before requesting any additional funds in that class of expenses. General Rules for Allowable/Unallowable Costs 1) Expenses can only be reimbursed up to the current budget line amount in your contract or latest budget revision. 2) Sales tax, late fees, and interest charges are not reimbursable items. 3) Invoices or receipts must support all costs submitted for reimbursement. Purchase orders, memorandum, order forms, freight/delivery forms, packing slips and summary vendor statements or credit card statements do not separately constitute support and will not be accepted without detailed invoices or receipts. Any cost not properly supported will be disallowed. Specific Unallowable Costs - Please note that this list is not intended to be all- inclusive. Please refer to OMB Circular A-87 and the ESG regulations for a complete listing of unallowable costs. 1) Bad Debts - Any losses arising from uncollectible accounts and other claims, and related costs, are unallowable. 2) Continaencies - Contributions to a contingency reserve or any similar provision for unforeseen events are unallowable. 3) Contributions and Donations - Unallowable. EXHIBIT G 4) Entertainment - Cost of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodging, rentals, transportation and gratuities, are unallowable. 5) Fines and Penalties - Costs resulting from violations of or failure to comply with Federal, State, and local laws and regulations are unallowable. 6) Audit Fees — To the extent that an audit is required by the Single Audit Act 7) Interest and other Financial Costs - Interest on borrowings, however represented are unallowable. 8) Unsubstantiated Costs - Unallowable. DOCUMENTATION REQUIREMENTS Class 1 — Personnel Services 1) Employee certifications must be on file in the City of Buffalo Department of Community Services before payroll can be reimbursed. 2) Payroll reimbursement is calculated on the basis of gross payroll plus employer's FICA. 3) Copies of timesheets signed by the employee and approved by the program director or board member must be submitted along with a copy of the payroll journal. The payroll period must be noted on the time sheets and correspond to the payroll register/journal submitted. If time sheets are not signed and approved, and do not show the period covered, the costs will be disallowed. 4) Employees must also sign in and out on a daily basis. The sign in sheets must be approved as evidenced by the signature of appropriate supervisory personnel. 5) If an established outside payroll service is used, and unemployment is paid each pay period and shown on the payroll register, unemployment insurance expense may be claimed each pay period. If such a payroll service is not used, NYS unemployment insurance costs should be submitted as of the end of the calendar quarter to which they apply, and must be accompanied by a copy of the quarter's federal 941 form and state WT -4B form showing that the amount was paid Class 2 — Utilities 1) A copy of the entire bill must be submitted for all utilities (except for the payment stub). Only the current portion of the bill will be reimbursed. Past due amounts shown will not be reimbursed unless the applicable prior bill is also included. Penalties and interest are not reimbursable. EXHIBIT G Class 3 — Travel & Transportation 1) The Subrecipient shall adopt a travel policy that at a minimum meets the requirements of the current City of Buffalo travel policy as determined by the City of Buffalo Corporation Counsel. The Subrecipient shall obtain written approval from the Executive Director of Strategic Planning for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose of program administration and costs must be reasonable. Class 4 — Materials & Supplies Competitively Bid Or Procured Through Price Agreement 1) All bills must be itemized and types of costs must have been approved within the scope of the budget for your contract. 2) Groups of same items, must have be competitivly bids or be procured using an approved price agreement Once approved, the items purchased and prices paid should be equal to or less than the approved bid. Class 5 — Other Services 1) Reserved. 2) An approved fourth party contract must be on file for any independent contractor services. 3) Reserved. 4) In order to claim insurance costs, costs must be supported by an invoice that identifies the type of insurance, the policy period covered and the total premium amount. If the policy period does not agree with the contract period, or if costs are allocated between funding sources, provide a schedule showing how the costs are to be pro rated and/or allocated over the term of the policy and the grant period. Costs related to periods outside the grant period cannot be reimbursed. If partial payments are used to pay insurance, the schedule discussed in the prior paragraph should be submitted with each request for reimbursement and should show the individual payments made to date and the amount remaining to be paid. Class 6 — Capital Outlay 1) All non -expendable items in excess of $5,000.00 are considered capital outlays. 2) Costs to place an asset in service should be included as part of the cost reported in capital outlay. Costs such as freight, installation, accessories such as cords for computers or printers are necessary to obtain and make the asset work and should be included as capital outlay. EXHIBIT G 4' 3) These items require three bids and approval through your program monitor. Once approved, the items purchased and prices paid should be equal to or less than the approved bid. 4) Any related supplies which were purchased at the same time and whose costs show on the same invoice should be separately reported as Class 4 expenses. For example, computer disks bought at the same time you purchased a computer should not be claimed as Capital Outlay costs but should be claimed as Supplies, Class 4. Attach the original invoice to Class 6 and a photocopy to Class 4. 5) Each capital asset purchased should be claimed on a separate line in the Class 6 Expenditure Summary by Class form. For each capital asset purchased, prepare a "Capital Outlay Addition Form" and attached it to the class summary sheet (see form attached). A copy of this form should be retained for your inventory records. Note: The requirements stated above are not meant to be all-inclusive. There are many circumstances that may require further clarification. If you have any questions concerning an item, it is best to contact the City of Buffalo Department of Community Services before you submit it for reimbursement. Please contact the following individual with any questions: Contact: City of Buffalo Department of Community Services, Phone Number: (716) 851- 4026. The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to comply with the ESG Subrecipient Requirements. Board President's Signature Date EXHIBIT G Agreement for Management, Implementation and Delivery of Services Page 1 (V Agreement with the City of Buffalo for the Management, Implementation and Delivery of Services through the HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM (Funding from the United States Department of Housing and Urban Development) for Program Year 2016-2017 THIS AGREEMENT is made effective as of the 30 day of September 2016 by and between the CITY OF BUFFALO (hereinafter referred to as "City") a municipal body corporate and politic created and existing under the laws of the State of New York, having its offices at 65 Niagara Square, City Hall, Buffalo, New York 14202, and the City of Buffalo Urban Renewal Agency, a public benefit corporation, organized and existing pursuant to the laws of the State of New York having its principal office at 65 Niagara Square, City Hall, Room 920 Buffalo, New York 14202 (hereinafter referred to as the "Subrecipient"). WHEREAS, the City of Buffalo administers directly or through subrecipients a federal grant provided by the United States Department of Housing and Urban Development (hereinafter to as "HUD") pursuant to the AIDS Housing Opportunity Act PL 101-624 (42 U.S.C. 12902) (hereinafter referred to as "the Act") recognized the need to provide housing assistance and supportive services for low-income persons with HIV/AIDS and their families and to appropriate funds to implement the Housing Opportunities for Persons With AIDS Program and where HUD Regulations pertaining to the Act where promulgated and published in 24CFR 574 et al (hereinafter referred to as the "Regulations"); and WHEREAS, the City has received funds under the Act and Regulations in the form of a grant, for supporting various community level programs to meet those needs; and WHEREAS, the Subrecipient has proposed to provide HOPWA program management and administration services to the City (hereinafter referred to as the "Program") which the City has approved by adoption by with funding to be provided under Housing Opportunities for Persons With AIDS (HOPWA) funds.; and WHEREAS, the parties hereto wish to agree upon the terms and conditions for the management, and delivery of services for the Subrecipient's implementation of the Program, and NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set forth herein, the parties hereby agree as follows: HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 2 1. PROGRAM DESCRIPTION AND SCOPE OF WORK. The Subrecipient agrees to provide administration and management services for HOPWA Program (s) (the Program) as directed by the City. The Program will be carried out in strict compliance with all HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) statutory and regulatory requirements, and all other applicable federal, state and local laws and regulations, and the general conditions attached herein. The Program Scope of Services shall be that set forth in the Program Scope of Services attached hereto as Exhibit A. 2. TERM OF AGREEMENT The parties agree this Program shall begin as of October 1, 2016 and expire on September 30, 2017, unless such dates are changed in accordance with the provisions of this Agreement. The provisions of this Agreement herein shall be extended to cover any additional time period during which the Subrecipient remains in control of HOPWA funds or other HOPWA assets, including program income, if applicable. The term of this agreement and the provisions herein may be mutually extended by the parties for an additional one (1) year and/or to cover any additional time period during which the Subrecipient is responsible for reporting or compliance measures or remains in control of HOPWA funds or other assets, including program income. The Subrecipient understands that at the conclusion of the contract term unused funds will be reprogrammed by the City for other grant purposes. 3. AMOUNT OF FUNDING AND PAYMENT FOR PROGRAM SERVICES The City agrees to pay allowable Program costs of the Subrecipient in an amount not to exceed the Budget attached hereto as Exhibit B. and made a part of this Agreement and attached as Exhibit B, provided that the Subrecipient submits and maintains all fiscal records and documentation in accordance with fiscal procedures, as established from time to time by the City, and fiscal procedures and requirements applicable under the Act and Regulations, effecting in a timely manner any changes required by the City, the Act or the Regulations. All unexpended funds previously identified in prior subrecipient agreements between the Grantee and Subrecipient are carried over to this Agreement. 4. DEFAULT BY THE SUBRECIPIENT Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, including but not limited to the Program Scope of Services as stated in Exhibit A, by the Subrecipient or any successor to the Subrecipient, the City has the unilateral right to immediately terminate this Agreement with a full reservation of all other HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 3 rights, or the City may in its sole discretion allow the Subrecipient the opportunity to cure within the parameters that follow. The Subrecipient (or its successor) shall, upon written notice from the City, proceed immediately to cure or remedy such default or breach, within thirty (30) days after receipt of such notice. In case such action is not taken or not diligently pursued in the City's sole determination, or the default or breach shall not be cured or remedied within said time, the City may institute such actions or proceedings as may be necessary or desirable in its discretion to cure or remedy such default or breach; and/or may exercise its rights or remedies pursuant to the other terms and provisions of this Agreement, including termination of this Agreement and recovery of disbursed funds under this agreement. 5. SUSPENSION OF AGREEMENT To the fullest extent permitted by law, and not inconsistent with 24 CFR 85.43, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4, above reserves the right to suspend any and all operations of the Program for a period not to exceed seven (7) days for any reason, upon twenty-four (24) hours written notice to the Subrecipient specifying the reasons therefore. In the event that such notice of suspension is served, the Subrecipient shall be entitled to a reasonable opportunity, within the twenty-four (24) hour period preceding suspension, to discuss the reasons therefore directly with the Executive Director of the Mayor's office of Strategic Planning or his designee (hereinafter "Executive Director"). The decision to impose any or all suspensions shall be within the sole discretion of the City through the Executive Director or his designee. The Subrecipient agrees not to make any claim, or cause or allow any claim to be made, for or on behalf of any employee, organization, or other person, for salaries or other Program expenses, other than rent, utilities and the like, during any period or periods of time in which Program operations are suspended under this provision. In the event of suspension, the City may, subject to the limitations of 24 CFR 85.43, may withhold any and all further payment(s) under this Agreement. In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; or b. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; or c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. 6. TERMINATION OF AGREEMENT HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 4 To the fullest extent permitted by law and subject to 24 CFR 85.44, or any other applicable law or governing regulation, the City, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4 and 5, above, may, at any time during the term of this Agreement or any extension thereof, terminate this Agreement without cause or for cause in the event the terms and conditions hereof are not fully complied with by the Subrecipient, by giving the Subrecipient seven (7) days notice in writing of its intention to terminate for that reason. 7. AMENDMENT OF AGREEMENT The consent to amend or modify this Agreement or the Subrecipient's Program is in the sole discretion of the City. Requests for amendment or modification of this Agreement or Subrecipient's Program shall be made in writing to the Executive Director or his designee specifying the changes sought and the reasons therefore. Should the Executive Director consent to modification or amendment of this Agreement or Subrecipient's Program, the written amendment or modification will be executed by the Subrecipient and the City. The consent to amend or modify this Agreement or Subrecipient's Program is in the sole discretion of the City. Requests for modification across budget class items or to add budget cost categories should be submitted in writing to Executive Director. Such modifications will result in no change in the total amount of funding or any other terms of this Agreement. The Executive Director, on behalf of the City, shall decide in his/her sole discretion whether such modifications will be allowed based on regulatory and budgetary requirements. In addition. the parties may aaree to extend the term of this aareement for an additional one (1) year term to include the 2017-2018 Proaram Year. Anv extension under this section is subiect to anv and all approvals reauired by the City of Buffalo. 8. MONITORING OF AGREEMENT The City and/or its designated agents will monitor the Subrecipient's Program. Such monitoring may consist of but will not be limited to on-site inspections of Program reports, documents, records and activities at any time with or without prior notice and inspection of program financial records and books upon twenty- four (24) hours advance notice. The City will monitor the performance of the Subrecipient against goals and performance standards as stated in this Agreement. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, but said period shall not exceed thirty (30) days after notification, unless the period is extended in writing by the City, the Agreement may be suspended or terminated. HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services 9. LIMITATION OF LIABILITY Page 5 . The City does not assume and shall not be held liable for any costs, debts, or liabilities incurred by the Subrecipient or any officer, agent or employee of the Subrecipient, incurred beyond the scope of this Agreement, and the Subrecipient agrees to hold the City of Buffalo harmless from any such cost, debt or liability arising out of the Subrecipient's activities related to this Agreement. 10. LIMITATION OF CLAIMS The City will pay no invoices or claims for costs and expenses incurred after the date of termination of this agreement or expiration of any extension thereof. The Subrecipient agrees to submit any and all invoices and claims for costs and expenses for the operation of the Program within thirty (30) days after the date of termination of this Agreement, or any extension thereof, or under any termination provision of this Agreement. In the event of termination, the City will pay for all properly incurred expenses and costs of the Subrecipient up to and including the date of termination of this Agreement. The City will not pay any invoices and claims for costs and expenses received more than thirty (30) days after the date of termination of this Agreement, or any extension thereof. 11. AVAILABILITY OF FUNDS The Subrecipient acknowledges that this funding is provided based upon the City's determination that the Program funded under this Agreement are eligible activities pursuant to the Regulations, including but not limited to 24 CFR 574.300 (eligible activities). The Subrecipient further acknowledges that the cessation of eligible activities or the failure to commence them within the term of this Agreement established in Section 2 above shall be an event of default of this Agreement. The obligations of the City to the Subrecipient under this Agreement shall be limited to, and subject to the allocation of funds under the grant made available to the City by HUD from time to time during the term of this agreement, and the City's allocation of said funds pursuant to all applicable laws and regulations and the City's exercise of discretion regarding the allocation of said funds. It is hereby mutually stipulated and agreed that this Agreement shall not become effective and shall not be binding or of any force unless and until the City of Buffalo Department of Audit and Control shall certify that there remains unexpended and unapplied a balance of the appropriation or funds applicable to this Agreement sufficient to pay the expenses of the Program described in this Agreement, as they appear herein. 12. MAINTENANCE OF RECORDS AND SUBMISSION OF REPORTS The Subrecipient shall maintain and provide in an orderly and timely manner, as directed by the City, an original and two copies of any and all reports, documents HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 6 and records of Program operations, procedures and participant characteristics, mandated by any and all federal, state, local or departmental statues, rules, regulations, laws, or ordinances in effect, promulgated or enacted during the term of this Agreement or any extension thereof. Such reports, documents and records shall be considered the property of the City and shall be maintained in an orderly manner by the Subrecipient for a period of -six years beyond any termination date of this agreement, or any extension thereof, without cost to the City. The City in its sole discretion may direct the immediate delivery of any and all such reports, documents and records in an orderly manner to the City, upon termination of this Agreement or any extension thereof, for any reason. The Subrecipient agrees to comply with a direction for orderly delivery of any and all such reports, documents and records within seventy-two (72) hours, or forfeit any unpaid claim which the Subrecipient, or any officer, agent, or employee of the Subrecipient, may have against the City for unpaid wages, salaries, fringe benefits, or any other cost disbursement, fee, or debt rising from the operation or termination of this Agreement. The Subrecipient agrees and stipulates to conduct its Program in strict accordance with the requirements and procedures of the Office of Strategic Planning and shall maintain all records required by the Federal Regulations specified in 24 CFR 574, pertinent to the activities to be funded under this Agreement. The Subrecipient shall maintain all records and proper documentation of all activities carried out in furtherance of the Program including but not limited to: A. Records providing a full description of each activity undertaken; B. Records demonstrating that each activity undertaken meets one of the eligible housing activities specified in 24 CFR 574.300 of the Regulations; C. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Where the activity qualifies under the low - moderate income beneficiary objective, maintain data substantiating Section 8 low/moderate income eligibility of recipients/participants (see attachment for current year Income limits); D. Intake files which provide data on participant characteristics required for federal reporting, including racial and ethnic data as stipulated in 24 CFR 574.500; E. Logs or files documenting attendance of participants,; and F. Financial records as required by 24 CFR 574.450, and 24 CFR 85.41; G. Daily log and time sheets of each employee with total hours worked and hours devoted solely to HOPWA activity; H. Payroll records detailing hours and amounts paid, withholdings in accordance with laws and regulations; and I. Payroll reports evidencing compliance with payroll reporting required by federal and state regulatory agencies; and J. Contracts for any third party agreements; and HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 7 K. Invoices, travel reports, receipts and other independently prepared documents supporting allowable charges to the Program; and L. Evidence of payment for all costs claimed for reimbursement in connection with the Program; and M. Except for petty cash items, all expenses should be paid by company check. Subrecipient must have an imprest petty cash system with adequate controls and approvals and petty cash must be used only for small dollar purchases (e.g., less than $50.00). Subrecipient must provide a written description of the petty cash system to the City of Buffalo Department of Audit and Control and/or the Executive Director, as directed from time to time, prior to the approval of any petty cash cost claims; and N. Itemized fixed asset records showing date of purchase, vendor, cost, serial or other identification number, source of funding, etc, Asset details should be reflected on fixed asset acquisition forms and disposition forms that should be prepared using forms as directed by the City; and 0. Monthly Performance and Activity reports listing program demographics; and P. Minutes of the meetings of the Subrecipient's board of directors, and Q. Documentation showing the calculation of allowable rent in accordance with 24 CFR 574.310; R. Evidence of procedures implemented to ensure that housing provided under this agreement is safes, sanitary and otherwise meets standards for eligible housing activities as contained in 24 CFR 574.320; S. Data ensuring that program beneficiaries are HIV positive and meet requirements for low-income persons; T. Where funds under this agreement are used for community care, certification that the Subrecipient will itself provide services to eligible persons assisted by the community residence, as required by 24 CFR 574.310(a) or evidence of an agreement with a qualified service provider to provide the same. U. Any other record that the City may require during the term of the Agreement. Such information shall be made available to the City monitors or their designees for review upon request. The Subrecipient shall submit to the City regular reports as follows: A. Monthly requests for reimbursement of allowable program costs, in a form as established by the City; B. Quarterly reports due within 15 days of the end of the quarter detailing daily units of service by program (See Exhibit 1); C. A year end closeout report documenting all applicants processed, in a form as established by the City; D. Periodic performance measurement reports in a format to be provided by the City; E. A year end fixed asset inventory, in a format provided by the; HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 8 F. A copy of its annual audited financial statements and auditor -prepared management letter; and G. A copy of its annual Single Audit report; and any other report that the City may require during the term of this Agreement. The Subrecipient agrees to send appropriate representatives to any training sessions held by the City to explain or implement the above requirements and federal regulatory issues. The Subrecipient agrees that the City may withhold payment of any part of the costs of the Program for failure to provide and maintain requested documentation, submit Program reports in the format provided by the City and in accordance with the time schedules set forth above. 13. COMPLIANCE WITH LAW AND REGULATIONS The Subrecipient agrees to strictly comply with the requirements of Title 24 of the Code of Federal Regulations, Part 574 (the U.S. Housing and Urban Development regulations concerning Housing Opportunity for Persons with Aids (HOPWA) Grants), except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 574.510 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient agrees to conduct any and all activities under this Agreement in strict compliance with the mandates of any and all federal, state, local or departmental statutes, rules, regulations, laws, ordinances or grants, in effect or promulgated during the term of this Agreement or any extensions thereof, related to the Program. Without in any way limiting the foregoing, federal requirements adhered to shall include but not be limited to O.M.B. Circular No. A-87 to the extent applicable. 14. CONFIDENTIALITY The Subrecipient agrees and shall ensure the confidentiality of the name of any individual assisted under this part and any other information regarding individuals receiving assistance under this Agreement (24 CFR 574.440). 15. FEE PROHIBITIONS The Subrecipient shall agree that no fee, except rent, will be charged of any eligible person for any housing or services provided with amounts from this agreement. 16. SUPPORTIVE SERVICES HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 9 Supportive services as described in 24 CFR 574.300 (b) (7) shall be provided for all individuals receiving assistance under this agreement. A program assisted under this agreement shall also provide each assisted individual with an opportunity, if eligible, to receive case management services from the appropriate social services agencies. 17. RENTAL ASSISTANCE Housing provided to individuals receiving assistance under this agreement under this agreement shall meet habitability standards contained in 24 CFR 574.310. 18. RENT STANDARDS The City has established a rent standard equal to no more than the published Section 8 fair market rent (FMR) for the unit size. The Subrecipient agrees and shall ensure that rental assistance provided under this agreement does not exceed the maximum subsidy calculated using that rent standard (24 CFR Part 574.320). In addition, minimum participant rent shall be charged based on rent calculated in accordance with the formula prescribed in 24 CFR Part 574.310. 19. DECISIONS BY THE CITY OF BUFFALO In case of any ambiguity in the terms of the Program, the preparation and maintenance of any and all reports, documents, and records, the administrative or fiscal procedures to be followed, and the interpretation of any and all federal, state, local, or departmental statutes, rules, regulation, laws or ordinances, the matter must be immediately submitted to the City which shall resolve the same and its decision in relation thereto shall be final and conclusive upon the Subrecipient to the extent provided by law. 20. CLOSE-OUT PROCEEDINGS This Agreement shall remain in effect during any period that the Subrecipient has control over grant funds, including program income. The Subrecipient agrees that the City may withhold payment of any part, up to ten percent (10%) of the total costs for the Program, until such time as the Program close out procedures have been completed to the satisfaction of the City. The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any HOPWA funds on hand at the time of expiration or termination along with any other accounts receivable attributable to the use of HOPWA funds. 21. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the Subrecipient agrees as follows: A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 10 regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this non-discrimination clause. B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. C. The Subrecipient will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City's contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. E The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders; this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise proved by law. F. In the event of the Subrecipient's non-compliance with the non-discrimination clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or by order of the Secretary of Labor, or as otherwise provided by law. G. The Subrecipient will include the provisions of Paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulation, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 11 upon each subcontract. The Subrecipient will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 22. LIVING WAGE ORDINANCE OF THE CITY OF BUFFALO Subrecipient and its agents shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code Sec.96-19) (hereinafter the Ordinance"), if applicable. Compliance includes: A. Paying all covered employees a living wage. Covered employees are all employees, full or part-time, employed in, on, or for the project or matter subject to the contract, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. B. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, and period of employment and wage rate of all employees covered by the Ordinance. C. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. D. Informing employees making Tess than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from their employer. Violating the Ordinance will enable any aggrieved employee to file an action for damages and/or a grievance with the City's Living Wage Commission. The City has the discretion to terminate this Agreement and pursue any other legal remedies if Subrecipient and/or its agents fail to comply with the Ordinance. 23. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES It is the policy of the City that equal opportunity to participate in the subrecipient's procurements be provided to minority and women owned business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the Subrecipient are placed with minority and women owned business enterprises, the Subrecipient agrees to take affirmative action to the fullest extent consistent with sound procurement principles and applicable law(s) to identify qualified enterprises and to solicit bids and quotations from them, and in making awards and purchases to give equitable consideration to these enterprises. Such action shall include, but is not limited to: HOPWA Subrecipient Agreement Year 42 g Agreement for Management, Implementation and Delivery of Services Page 12 V A. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications, and delivery and payment schedule so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. B. Affording all potential bidders within the Buffalo Metropolitan Area realistic notice of each contract, opportunity to bid for and encouragement to do so. C. Belmont shall develop a listing of available subcontractors made available to applicants and shall endeavor to include in such listing a minimum of 30 % minority and women owned business enterprises. 24. WORKPLACE DIVERSITY The City of Buffalo is committed to achieving excellence in workplace diversity that encompasses the equity and social justice principles of the local, state and federal Equal Employment Opportunity laws and the City of Buffalo's policies that promote participation by minority and women owned business enterprises. The City encourages our contracting partners to adopt business methods and models that foster and strive for diversity within their workplaces as a matter of course. In managing and valuing diversity, the City recognizes that it is the key component of effective people management as well as it is the key to significant organizational benefits such as enhancing productivity of all staff, enhanced equality of opportunity, recruitment and selection from a wider pool of talents, improved service and client satisfaction and a positive community image. It gives effect to the principles of Equal Employment Opportunity. The City encourages our contracting partners to achieve a workforce that reflects the profile of the broader community and capitalizes on this City's vibrant diversity of people. 25. FEDERAL LABOR REQUIREMENTS (SECTION 3, HUD Act of 1968) Section 3 Compliance in the Provision of Training employment and Business Opportunities: the Subrecipient shall cause or require to be inserted in full in all contracts or subcontracts for the program work funded with assistance, the Section 3 Clause as follows: A. The work to be performed under this Agreement is on a project assisted under a program provided direct Federal Financial Assistance from the Department of Housing and Urban Development and subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC, 1701u. Section 3, requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the Program area and contracts for work in connection with the Program be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the Program. HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 13 B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. C. The Subrecipient will send to each labor organization or representatives of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal Financial Assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, of the regulations set forth in 24 CFR Part 135 and all applicable rules and orders of the Contract, shall be a condition of the Federal Financial Assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns to these requirements shall subject the applicant or recipient, its Subrecipients and subcontractors, its successors and assigns to those sanction specified by the grant or loan agreement or contract through which Federal assistance is provided and to such sanction as specified by 24 CFR Part 135. F. See Exhibit D: Statement of Compliance with Section 3, Housing and Urban Development Act of 1968. 26. COMPLIANCE WITH LAW AND REGULATIONS The Subrecipient agrees to comply with the requirements of the Act. The Subrecipient also agrees to comply with the Regulations and with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. HOPWA Subrecipient Agreement Year 42 9,9` Agreement for Management, Implementation and Delivery of Services Page 14 The Subrecipient agrees to conduct any and all activities under this Agreement in strict compliance with the mandates of any and all federal, state, local or departmental statutes, rules, regulations, laws, ordinances or grants, in effect or promulgated during the term of this Agreement or any extensions thereof, related to the Program. Without in any way limiting the foregoing, federal requirements adhered to shall include but not be limited to O.M.B. Circular No. A-87to the extent applicable. 27. CONFLICT OF INTEREST Execution of the terms of this Agreement shall be in strict compliance with all applicable Federal, State and local laws and regulations concerning the avoidance of any conflict of interest. City and Subrecipient represent to each other that all or most Subrecipient board members and officers are also City employees. Persons falling within the potentially conflicting roles will fill out Conflict of Interest Disclosures. Except as set forth above, the Subrecipient represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City of Buffalo nor are their immediate family members employees of the City of Buffalo nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by HUD. Violation of the terms of this agreement shall be cause for termination of this Agreement and a voidance of any benefit to the Subrecipient otherwise created for the Subrecipient concurrent with the Conflict of Interest. The Subrecipient and all covered persons shall report all conflicts of interest for review by the City through the submission of the Conflict of Interest Disclosure attached as Exhibit C. 28. FUNDED BY THE CITY'S HOPWA PROGRAM The parties agree that the Subrecipient and its officers, agents, and employees shall neither claim nor represent by use of any work, symbol, seal or logo that any individual engaged in Program activity or the Program itself or the Subrecipient is any City division, department, officer, agent, employee, or part of the government or administration of the City of Buffalo. Provided, however, that in all public statements or communications regarding the Program, the Subrecipient shall indicate in some manner that the City furnishes funds for the Program. 29. ASSIGNMENT HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 15 The Subrecipient agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or any right, title, obligation, or interest it may have therein, without prior written consent from the City. Any such assignment, transfer, conveyance, or disposition of this Agreement, or any right, title, or interest therein without prior written consent of the City will relieve the City of any and all liabilities and obligations growing out of this Agreement to the Subrecipient or to the person or corporation to which this Agreement shall have been assigned, transferred, conveyed, or otherwise disposed of and the Subrecipient and its assignees or transferees shall forfeit and lose all moneys theretofore earned under this Agreement. 30. TITLE AND OWNERSHIP Title and ownership of any equipment, furniture, furnishings, or other property to be purchased by the Subrecipient under the terms of this Agreement, or furnished to the Subrecipient by the City, for use in carrying out the objectives of the Program shall vest in the City. Any and all such property shall be returned to the City in good condition upon the termination of this Agreement or any extensions thereof. An inventory of all such equipment, furniture, furnishings or property shall be maintained by the Subrecipient in a manner prescribed and approved by the City. At the expiration or termination of this Agreement the Subrecipient shall provide a written inventory to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Audit and Control. Equipment not needed by Subrecipient for activities shall be transferred to the City or, after obtaining City's pre -approval, retained by Subrecipient after compensating the City pursuant to the Regulations. 31. REQUIREMENTS FOR RENTING PROPERTY The Subrecipient covenants not to lease or rent any real estate, building, or portion thereof, for which rental moneys have been wholly or partially allocated under this Agreement, without securing from the Lessor thereof a lease, agreement, or modification of an existing lease or agreement, which provides the following assurances: The Lessor hereby represents that as of the date of execution of this document, no taxes, judgments, service charges, or fees relative to the premises, are overdue or owing to the City of Buffalo, or any agency, department, authority, or board thereof or therein. In addition, the Lessor covenants to pay promptly any and all such taxes, judgments, service charges and fees relative to the premises which become due or payable to the City of Buffalo or any such agency, department, authority, or board during the term of the Lessee's contract with the Agency for the Program herein. Furthermore, the Lessor agrees that any and all moneys designated as rent in the lease or rental agreement may, upon written notice, be withheld and diverted by the Lessees to pay any and all taxes, judgments, services charges, or fees relative to the premises, HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 16 overdue or owning more than ninety (90) days to the City of Buffalo or any of the aforesaid agencies, departments, authorities, or boards. Furthermore, the Subrecipient agrees, upon request, to furnish the City with a copy of the executed lease, agreement, or modification of an existing lease or agreement, before any voucher for rental payment is submitted to the City for payment under this Agreement. Rental costs paid to the subrecipient, its parent, subordinate or other related parties shall not be allowable unless supported by adequate cost allocation methods (e.g., costs allocated via square footage direct program usage plus any reasonably allocated common space). The cost allocation plan and supporting documents must be provided to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Community Services prior to claiming any such costs. 32. FEDERAL REQUIREMENTS A. The Subrecipient stipulates that no facility to be utilized in the performance of the Program is listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. B. The Subrecipient agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1875c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. The Subrecipient agrees that prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The Subrecipient agrees that no amount of the assistance provided under this Agreement will be utilized with respect to a facility that has given rise to a conviction under Section 113 (c) (1) of the Clean Air Act of Section 309 (c) of the Federal Water Pollution Control Act. E. The Subrecipient agrees that it shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948.62 Stat. 862; Title 18, USC, Sec. 874 and Title 40 Sec. 276a) and any amendments or modifications thereof; shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto; and shall be responsible for the submission of statements required of subcontractors thereunder, except as said Secretary of Labor may HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 17 �J specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. F. The Subrecipient agrees to comply, when applicable, with The Davis -Bacon Act and shall comply with the regulations of the Department of Labor pursuant to 29 CFR 3, 5, and 5A when necessary. G. The Subrecipient agrees to comply with the federal HOPWA regulations as contained in 24 CFR part 574. H. If applicable to this Program the Subrecipient agrees to comply with the eligibility restrictions for newly legalized aliens pursuant to 24 CFR Part 49.20 I. The Subrecipient agrees to comply with all federal, state, and local laws, rules, and regulations prohibiting discrimination against any class or status of protected persons. 33. USE OF RENOVATED FACILITIES The Subrecipient promises and agrees to comply with 24 CFR Part 574.310(c) relative to minimum use periods. Any building or structure for which the HOPWA grant amount is used for renovation, must be maintained as housing or assistance for persons with AIDS or related diseases for not less than a three- year period; or if the grant amounts are used for major rehabilitation or conversion of the building for not less than a ten year period. 34. LEAD BASED PAINT HAZARD REDUCTION REQUIREMENTS The Subrecipient shall comply with all applicable requirements of Lead Based Paint Poisoning Prevention Act and the implementing regulations found at 24 CFR Part 35 and the Residential Lead -Based Paint Hazard Reduction Act, referred to as "Title X" and the implementing regulations found in the final rule released in September, 1999 and all amendments and revisions. Additional information may be found at the web site for the Department of Housing and Urban Development at www.hud.gov/offices/lead/ and htto://www.hud.aov/offices/cod/homeless/. 35. POLITICAL ACTIVITIES The Subrecipient agrees that neither the funds provided for the Program, nor the personnel employed in the administration of the Program, shall be in any way or to any extent engaged in the conduct of political activities in contravention of the Hatch Act (Chapter 15 of Title 5, United States Code). 36. PROHIBITION AGAINST RELIGIOUS ACTIVITIES HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 18 °5 A. The Subrecipient agrees that none of the funds provided for the Program shall be used to support or engage in religious or sectarian activity, or any other ineligible activity. B. The Subrecipient represents that if it is, or may be deemed to be, a religious or denomination institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denomination institution or organization that it agrees that with regard to public services provided for in whole or in part with funds provided for under this Agreement that: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; 5. The funds received under this Agreement shall not be used to construct, rehabilitate or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; Provided that, minor repairs may be made if such repairs (1) are directly related to the public services; (2) are located in a structure used exclusively for non -religious purposes; (3) constitute in dollar terms only a minor portion of the expenditure of the funds for the public services; and (4) are specifically authorized under this Agreement. 37. EMPLOYMENT BY SUBRECIPIENT All personnel of the Subrecipient shall be within the employment of the Subrecipient only, which alone shall be responsible for their work, the direction thereof and their compensation. Nothing in this Agreement shall impose any liability or duty on the City of Buffalo for the acts, omissions, liabilities, or obligation of the Subrecipient. 38. HOLD HARMLESS PROVISION The Subrecipient shall defend, indemnify and save harmless the City, their officers and employees from all claims, suits, actions, damages, losses, and costs of every name and description to which the City may be subjected or put HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 19 by reason of any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Subrecipient, its employees, agents or subcontractors, in the performance of any work under this Agreement. The insurance coverage described in Section 30 below must include language that states that the insurance carrier will defend the City for any and all claims resulting from this Agreement. Furthermore, the whole, or so much of the money to become due under this Agreement as shall be considered necessary by the City, may be retained by it until all suits or claims for damages shall have been settled or otherwise disposed of, and evidence to that effect furnished to the satisfaction of the City. 39. INSURANCE REQUIREMENTS The Subrecipient shall provide proof of the following insurance through production of certificates of insurance in a form approved by the City of Buffalo Corporation Counsel's Office as to the following. A. Insurance Type/Description Employment Insurances a. Workers' Compensation and Employer's Liability Insurance - covering the Subrecipient as named insured for his liability under the law. The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. Comprehensive Bodily Injury and Property Damage Liability insurance, naming the City of Buffalo as an additional insured with the following limits. General Aggregate $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000.000 B. Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled by the Subrecipient or insurance company without thirty (30) days written notice to the City of its intention to cancel. C. Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York, covering operations under this Agreement. D. The Subrecipient shall supply a certificate of insurance that names the City of Buffalo as an additional named insured. The address for transmittal shall be City of Buffalo at Room 1701 City Hall. Coverage provided by a provision in the Subrecipient's policy to the City under an HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 20 "insured contract" or similar provision shall not be acceptable. City must be delineated as a separate insured on each policy. E. Within thirty (30) days of the execution of this Agreement, Subrecipient shall supply copies of the declaration pages and all other necessary proof as required by City of Buffalo Corporation Counsel that the coverage indicated on the certificates of insurance is in effect. F. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from Toss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase fidelity insurance covering all employees in an amount as directed by the City. If directed by the Grantee, the Subrecipient shall further maintain a performance bond to secure fulfillment of all the Subrecipient' s obligations under the Agreement, up to the amount of Subrecipient' s administration allocation or other protections to insure performance as determined by the Grantee in its sole discretion. The Grantee will provide reasonable written notice to the subrecipient of any such additional assurances. 40. AGREEMENT TAKES PRECEDENCE In the event of any conflict or ambiguity between the general provisions of this Agreement and the special provisions of the Exhibits, the general provisions of the Agreement shall take precedence. 41. TRANSFER OF ASSETS The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of the Agreement, the Subrecipient shall transfer to the City any HOPWA funds on hand at the time of expiration or termination along with any accounts receivable attributable to the use of HOPWA funds. 42. REPORTING AND PAYMENT PROCEDURES 1. Indirect Costs — If indirect costs are charged under this Agreement, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City. 2. Payment Procedures — The City will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent and limited by any approved budget, Federal regulations and the City policy concerning payments (see Exhibit F). Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. To the extent allowable, payments will be adjusted by the City in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the City reserves the right to liquidate funds available under this contract for costs incurred by the City on behalf of the Subrecipient. 3. Progress Reports — The Subrecipient shall submit regular Progress HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 21 Reports to the City in the form, content, and frequency as required by the City. If the Subrecipient fails to submit such reports, all fund payments may be suspended under this Agreement. 43. PROCUREMENT 1. Compliance — The Subrecipient shall comply with the City's current policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement. 2. Bidding — the Subrecipient shall obtain three bids for all purchases of goods or services greater than $2,000 or, in the alternative, have a price agreement in place. 3. OMB Standards — Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of CFR 85.36 and OMB Circular A-87. 4. Travel — The Subrecipient shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this Agreement. 44. AUDIT REQUIREMENTS (Revised 6/03) The Office of Management and Budget (OMB) has issued a new Circular A-133, effective for audits of fiscal years beginning after June 30, 1996, which changes certain audit requirements related to single audits. One of the major provisions of the new rules raises the threshold to $300,000 ($500,000 for fiscal years ending after December 31, 2003) of Federal awards expended for when a single audit is required. This change could have a major impact on how your organization will comply with this new Circular. Under the new rules, you will not be required to submit a single audit to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Audit and Control unless the Federal awards expended for your fiscal year are $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more. The rules depending on your Federal funding level are as follows: Organizations with less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards expended: If your Federal awards expended are less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) for your fiscal year, no single audit is required to be submitted to this office. Furthermore, the City cannot reimburse you for any single audit costs under these conditions. Any limited scope audits of your contracts that are deemed necessary will be initiated and paid for by the City. Organizations with $300,000 000 ($500,000 for fiscal years ending after HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 22 December 31, 2003) or more in Federal awards expended: If your Federal awards expended are $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more for your fiscal year, you must submit a single audit to the Mayor's Office of Strategic Planning and the City of Buffalo Department of Audit and Control in accordance with the new Circular A-133. A portion of the audit cost will be paid as it was previously. The accounting firm performing your single audit should have a copy of the new regulations and be familiar with them. Please note that the audit should contain a Statement of Program Costs and Budget Amounts for any HOPWA contracts covered under the audit period. Any questioned costs should also be noted in this schedule. 45. NOTICES 1. General Notice Requirement Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this following contract representatives: City of Buffalo 1100 City Hall 65 Niagara Square Buffalo, NY 14202 Attention: City of Buffalo Corporation Counsel And City of Buffalo Urban Renewal Agency 65 Niagara Square 920 City Hall Buffalo, New York 14202 Attention: BURA General Counsel contract shall be directed to the City of Buffalo 1200 City Hall 65 Niagara Square Buffalo, NY 14202 Attention:City Comptroller 2. Notice to Subrecipient for Additional Information From time to time, the Subrecipient shall be required to provide additional information to the City in order for the City to make a determination as to eligibility under the applicable Regulations. These requests shall be communicated in writing by the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs to the Subrecipient and the Subrecipient shall respond within a reasonable time. 3. Notice to Subrecipient of Change in Procedures for Reimbursement If any additional requirements not in effect at the time of execution of this HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 23 Agreement are subsequently required by the City in order to process requests for reimbursements and/or drawdowns of funds to be disbursed either to BURA or third parties, the Subrecipient shall be given at least thirty (30) days prior written notice of the effective date of the change. Prior to the effective date of the change, the requirements in effect at the time of the execution of this Agreement, or which were later amended through notice to the Subrecipient pursuant to this provision, shall be followed by the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their name and behalf byduly authorized representatives on or as of the first day above written. FOR THE SUBRECIPIENT BY: Nona B. Watson Date Nona B. Watson. Executive Director (Print) Name & Title of Officer APPROVED AS TO FORM ONLY BY: BURA General Counsel Date HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 24 FOR THE CITY OF BUFFALO 1. APPROVED AS TO FORM ONLY BY: DATE: City of Buffalo Corporation Counsel 2. CITY OF BUFFALO AUTHORIZED REPRESENTATIVE, BY: DATE: (Space Below reserved for Authorized Stamp of the City of Buffalo Department of Audit and Control) HOPWA Subrecipient Agreement Year 42 cj\ Agreement for Management, Implementation and Delivery of Services Page 25 �1 STATE OF NEW YORK) COUNTY OF ERIE ) SS: On this day of , 2016, before me the subscriber, personally came Mayor Byron W. Brown, known, who being by me duly sworn, did depose and say that he resides in the City of Buffalo; that he is the Mayor of the City of Buffalo, the municipal corporation described in and which executed the above instrument; and that he signed his name to the foregoing instrument by virtue of the authority vested in him by the laws of the State of New York and the local laws and ordinances of the City of Buffalo. Notary Public/Commissioner of Deeds STATE OF NEW YORK) COUNTY OF ERIE ) ss.: On the day of , 2016 before me, the undersigned, a Notary Public in and for said State, personally appeared Nona B. Watson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public/Commissioner of Deeds HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services Page 26 EXHIBITS: A. Program Scope of Services B. Program Budget C. Conflict of Interest Disclosure D. Statement of Compliance with Section 3 E. Suspension and Debarment Certification F. General Conditions for Operating Agencies and Third Party Contractors G. Subrecipient Audit Corrective Action Plan H. HOPWA Subrecipient Requirements HOPWA Subrecipient Agreement Year 42 Agreement for Management, Implementation and Delivery of Services EXHIBIT A SCOPE OF SERVICES The Subrecipient will provide the following Scope of Services pursuant to the terms of this Agreement and as directed by the City of Buffalo: For Fiscal Year 42 and Previous Fiscal Years: 1. The Subrecipient shall monitor the requisitions for reimbursement, reconciliations for HUD Integrated Disbursement and Information System (IDIS) and any other related accounts related to the Housing Opportunities for Persons with AIDS Grant (HOPWA); 2. The Subrecipient will review requisitions submitted by HOPWA program participants and/or other HOPWA subrecipients for HUD eligibility determination; For All Fiscal Years: 3. The Subrecipient will prepare any HOPWA related materials for the City of Buffalo Consolidated Plan and Annual Action Plans; 4. The Subrecipient will prepare HUD required quarterly reports and any other HOPWA reports as required by HUD; 5. The Subrecipient will provide any other assistance to the City of Buffalo for prior year, current or future HOPWA related activities at the request of the City of Buffalo and that the Subrecipient is reasonably able to provide. Page 1 Agreement for Management, Implementation and Delivery of Services EXHIBIT B PROGRAM BUDGET Administrative and Operating Costs: $16,737.00 Total Budgeted Costs: $16,737.00 Page 1 Agreement for Management, Implementation and Delivery of Services EXHIBIT C Conflict of Interest Disclosure - to be completed by all Covered Persons A. Execution of the terms of this Agreement shall be in strict compliance with all applicable Federal, State and local laws and regulations concerning the avoidance of any conflict of interest. City and Subrecipient represent to each other that all or most Subrecipient board members and officers are also City employees. Persons falling within the potentially conflicting roles will fill out Conflict of Interest Disclosures. Except as set forth above, the Subrecipient represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City of Buffalo nor are their immediate family members employees of the City of Buffalo nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by HUD. Violation of the terms of this agreement shall be cause for termination of this Agreement and a voidance of any benefit to the Subrecipient otherwise created for the Subrecipient concurrent with the Conflict of Interest. B. The covered person acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to disclose all potential conflicts of interest. Board President's Signature Date The covered person must formally disclose all potential Conflicts of Interest to the City of Buffalo. Disclosure: Are you, or are you related to (by blood, marriage, act of law, or business relationship) any person who is an employee of the City of Buffalo, Buffalo the Municipal Housing Authority Board of Education, Sewer Authority or any other entity funded by ❑ YES E NO Covered Persons Signature Title Date Print Name Page 2 Agreement for Management, Implementation and Delivery of Services If yes, a full disclosure must be forwarded on official letterhead to the City of Buffalo. The notice must include: Name: Job Title or Position: Disclosure must include: 1. Name of Relation 2. Department 3. Position 4. Relationship Page 3 Agreement for Management, Implementation and Delivery of Services EXHIBIT D STATEMENT OF COMPLIANCE WITH SECTION 3, HOUSING AND URBAN DEVELOPMENT ACT OF 1968 SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES This Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, the HUD regulations issued pursuant thereto at 14 CFR, Part 135, any applicable rules and orders of HUD issued thereunder prior to the execution of this contract. The Section 3 clause, set forth in 24 CFR, 135.20(b) provides: The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. The Subrecipient agrees to send to each labor organization or representative of workers with which the Subrecipient has a collective bargaining agreement or other understanding if any, a notice advising the labor organization or workers' representative of the Subrecipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Subrecipient will not subcontract with any subcontractor where the Subrecipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before Page 1 Agreement for Management, Implementation and Delivery of Services the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subrecipient's obligations under 24 CFR part 135. Noncompliance with HUD's regulations in 24 CFR. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extend feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The Subrecipient agrees to abide by the Section 3 clause set forth above and will also cause this Section 3 clause to be inserted in any subcontracts entered into with third parties for work covered by this Contract. The Subrecipient: By: Title: Vice Chairman Date: Page 2 Agreement for Management, Implementation and Delivery of Services EXHIBIT E CITY OF BUFFALO Certification of Assurance of Compliance Regarding Suspension and Debarment In accordance with the common rule implementing Executive Orders 12549 and 12689, the implementing rules and regulations thereof, a Certification of Compliance with the Suspension and Debarment rule is required of bidders or prospective contractors receiving a contract or award. Receipt of such certification shall be a prerequisite to the award of contract and payment thereof. Certification of Subrecipient I (We) am an authorized representative and hereby certify that our firm, as producer of the goods and/or services to be purchased, has complied with all applicable requirements of the Suspension and Debarment rule. Name: Title: Firm Name: Signature: (Vice Chairman's Signature) Verification by Project Manager Date: On the federal website was checked to ensure the above - referenced vendor does not appear on the list of parties that are debarred, suspended or otherwise excluded from a ineligible for participation in federal assistance programs or activities. Signature: Date: Print or Type Name: Page 1 Agreement for Management, Implementation and Delivery of Services Exhibit F HOPWA Program General Conditions for Operating Agencies and Third Party Contractors Section I. Definitions II Financial Management III. Procurement Standards IV. Property Management V. Real Property Acquisition and Relocation VI. Reporting and Monitoring Requirements VII. Record Retention, Audits and Inspections VIII. Indemnification IX. Nondiscrimination X. Use of Excessive Force Prohibited XI. Equal Employment Opportunity XII Handicapped Accessibility XIII. Section 3 Requirements XIV. Environmental Review Requirements XV. Federal Labor Standards Provisions (for construction projects only) XVI. Political Activity Prohibited XVII. Lobbying Prohibited XVIII. Publicity XIX. Copyright XX. Patents XXI. Drug -Free Workplace Page 1 Agreement for Management, Implementation and Delivery of Services I. Definitions: Terms used in the HOPWA Program Beneficiaries, or eligible beneficiaries, are persons with acquired immunodeficiency syndrome or related diseases who are low-income individuals, as defined in the HOPWA regulations, and the person's family eligible to receive assistance or services. The City of Buffalo Office of Strategic Planning (OSP) that has the responsibility for administering the Housing Opportunities for Persons with Aids (HOPWA) program. Elderly Household, is a family whose head, spouse or sole member is 62 years of age or older, suffers a handicap, or is disabled. Elderly families also include two or more elderly, handicapped or disabled persons living together or one or more such persons living with another person who is essential to the elderly, handicapped, or disabled person's care and well being. Eligible Person means a person with acquired immunodeficiency syndrome or related diseases, who is a low-income individual, as defined in the HOPWA regulations, and the person's family. HUD, means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on his behalf. Low -Moderate Income Household, is a household whose income does not exceed the applicable income limit for lower income families established by HUD for Section 8 rental subsidy eligibility purposes. Operating Agency (O/A), is an entity that has an Agreement with or an Administrative Order from the City for the performance of work on a Housing Opportunities for Persons with Aids (HOPWA) project. This may include subrecipients or contractors or any other form of contract. Persons with Disabilities (Handicapped), is a person having a physical or mental impairment that (1) is expected to be of long or indefinite duration; (2) substantially impedes his/ her ability to live independently; and (3) is of such a nature that such ability could be improved by barrier -free or more suitable housing conditions. Private nonprofit organization, means a secular or religious organization described in section 501(c) of the Internal Revenue Code of 1986 that: a. Is exempt from taxation under subtitle A of the Code; b. Has an accounting system and a voluntary board; c. Practices nondiscrimination in the provision of assistance. Program, is the federally funded HOPWA program. Project, is an activity undertaken in the program by an O/A. Page 1 4\ Agreement for Management, Implementation and Delivery of Services Third Party Contractor is an entity, other than the O/A, which furnishes services or supplies to the O/A. II. Financial Management: A. Accounting Systems - The Subrecipient agrees to comply with 24 CFR 85.20-85.36 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles - The Subrecipient shall administer its program in conformance with OMB Circulars A-87. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Records to be Maintained - The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the National Objectives of the HOPWA program, and 3. Records required to determine the eligibility of activities D. Restrictions on Disbursements: No funds under this Agreement shall be disbursed by the O/A to any Subrecipient except pursuant to a written contract which incorporates these "General Conditions for Operating Agencies and Third Party Contractors." Requests for reimbursement of allowable program expenses must be submitted on the approved City form. E. Cost control: The O/A shall maintain cost control, that is, monitor expenses to ensure disbursements are within the budget cost category allocation. Whenever the O/A foresees the possibility of exceeding the budget, the O/A shall promptly report this to the City requesting that appropriate adjustments be made. F. Documentation of Costs: The O/A upon request shall provide the City with unit cost or productivity expense data. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, and vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges and disbursements. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible for audit and inspection. G. Legal Expenses: Legal expenses that may be incurred by the O/A or third Page 2 Agreement for Management, Implementation and Delivery of Services party contractor for the prosecution of claims against the federal government or the City are not eligible under this Agreement. H. Consultant Compensation: No person employed as a consultant, or by a firm 1 providing consultant services, shall receive more than a reasonable rate of compensation for personal services paid with HOPWA funds. On a daily basis, the rate of compensation shall not exceed the maximum daily rate compensation for a Senior -Level position as established by Federal law. I. Cash Depositories: HOPWA funds are considered public money; therefore, the O/A shall not deposit City checks for advances or reimbursement of eligible expenses in other than a FDIC member bank. Deposits in excess of the FDIC insurance maximum must be appropriately secured by the bank. J. Project Income: Project income of any kind received by the O/A such as user charges, fees, third -party reimbursement, rents or the sale proceeds from real or personal property acquired in whole or in part with HOPWA funds, shall be remitted to City of Buffalo and credited to the City's HOPWA Program Income Account within thirty (30) days of receipt. The O/A shall be required to properly account for project income and comply with the standards set forth in the OMB Circulars. For government agencies these are OMB Circular A-87 "Cost Principles for State, Local and Indian Tribal Governments" and A-102 "Grants and Cooperative Agreements with State and Local Governments." For nonprofit organizations these are OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations" and OMB Circular A-122 "Cost Principles for Nonprofit Organizations." III. Procurement Standards: The O/A or other contracting parties, in the use of project funds, shall comply with all applicable laws and procedures of OMB Circulars. For government agencies these are OMB Circular A-87 "Cost Principles for State, Local and Indian Tribal Governments" and A-102 "Grants and Cooperative Agreements With State and Local Governments." For nonprofit organizations these are OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations" and OMB Circular A-122 "Cost Principles for Nonprofit Organizations." IV. Property Management: The O/A is required to comply with the standards prescribed for the acquisition and disposal of real and personal property which are set forth in OMB Circulars. For government agencies these are OMB Circular A-87 "Cost Principles for State, Local and Indian Tribal Governments" and A-102 "Grants and Cooperative Agreements with State and Local Governments." For nonprofit organizations these are OMB Circular A-110 Page 3 q')) Agreement for Management, Implementation and Delivery of Services "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations" and OMB Circular A-122 "Cost Principles for Nonprofit Organizations." A. Definitions: Expendable Personal Property Expendable personal property refers to all tangible property other than nonexpendable property. Nonexpendable Personal Property Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $5000.00 or more per unit. Personal Property. Personal property means property of any kind except real property. It may be tangible, having physical existence, or intangible, having no physical existence, such as patents, inventions, and copyrights. Real Property Real property means land, land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. B. The O/A may use property acquired under this Agreement, regardless of specific kind, only for those purposes indicated in the Agreement unless another use has been specifically approved by the city. C. Records and Inventory for Nonexpendable Personal Property. 1. An inventory of nonexpendable property is to be provided to the City within thirty (30) days of the expiration or termination of the Agreement using the City's Nonexpendable Personal Property Inventory Report Form. 2. The O/A shall maintain accurate and current nonexpendable personal property records including as a minimum: identification, manufacture and model numbers; purchase date; purchase cost; percentage of cost provided with Federal grant funds; current location; use; property condition. 3. Losses of property acquired with project funds are to be reported to the appropriate authorities for investigation and a record of the loss and any investigative reports are to be retained on file by the O/A. 4. All nonexpendable personal property shall revert to the City upon the expiration of this Agreement unless otherwise determined by the City. D. Records and Inventory for Real Property The O/A shall maintain accurate and current real property records including as a minimum: The seller's name, address, and telephone number, appraisal report, sales Page 4 Agreement for Management, Implementation and Delivery of Services contract, and settlement statement. Street address and legal description, i.e., lot, block, subdivision, tax map, grid, property tax account number and election district. Type of purchase, (e.g., land only or land and improvement, purchase price (including settlement cost), current property condition and use, (Le., renovated, leased, demolished, sold, etc). i. If sold, name, address, telephone number of purchaser, sale price, value determination, sales contract and settlement document, intended use of purchaser, net proceeds to seller. ii. If demolished, name, address and telephone number of the demolition contractor, amount paid to contractor, procurement process used to obtain demolition service, and copy of County authorization statement. iii. If renovated, name, address and telephone number of the contractor, copy of work write up, procurement process used to obtain contractor, amount paid for renovation service and copy of County authorization statement. iv. An inventory of real property is to be provided the City within thirty (30) days of the settlement of each property acquisition using the City's Subrecipient Real Property Inventory Report form. v. All acquisitions are subject to the project income requirements. V. Real Property Acquisition and Relocation: All acquisitions of real property, or interests in real property (such as easements and rights of way), and all cases involving relocation, shall be conducted in conformity with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979 as amended and HUD Handbook 1378, Tenant Assistance Relocation and Real Property Acquisition, dated September 1990. VI. Reporting and Monitoring Requirements: A. Reports: At such times and in such form as the City may determine, the O/A shall furnish records, reports and data pertaining to this Agreement. B. Project Monitoring: The O/A shall ensure that representatives of the City are provided access to information and records for the purpose of project monitoring and evaluation. The O/A shall further ensure the City 's access to its contractors and subcontractors for this purpose. VII. Record Retention, Audits and Inspections: A. All financial and programmatic records resulting from this Agreement shall be retained by the O/A for a period of six (6) years from the issuance date of the last project payment. Page 5 Agreement for Management, Implementation and Delivery of Services B. The City, HUD and the U.S. Comptroller General shall be given access to any and all O/A records including all subcontracts covered by this Agreement for the purpose of making audits, examinations, reproductions, excerpts and transcripts. Access shall be available at any time during normal business hours and as often as deemed necessary by the City, HUD or the U.S. Comptroller General. C. The O/A shall retain independent auditors to audit the project that is the subject of this Agreement on an annual basis or at such time as HUD or the City shall determine in accordance with OMB Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." D. The O/A shall abide by the City's Operating Agency Audit Corrective Action Plan. E. The O/A shall respond, indicating appropriate corrective action on any formally issued audit report deficiencies within thirty (30) days of receipt of such report, and persevere in resolving such issues until the City and HUD approve disposition of audit findings. F. All records related to unsettled audit findings shall be retained securely by the O/A until Federal and local action is taken to resolve the questioned deficiencies. VIII. Indemnification: The O/A hereby agrees to indemnify and hold harmless the City from any loss, cost, damages, or expenses suffered, obligated or incurred by the City by reason of the O/A's negligence or failure to perform any of the obligations hereunder, including but not limited to audit disallowances by HUD or the Office of the Comptroller General of the United States, or both. In connection herewith, the O/A, in addition, hereby assents to the City withholding any funds otherwise due to the O/A in satisfaction, in whole or in part, of any deficiency; and to the City exercising its rights of set-off in any such situation. IX. Nondiscrimination: No person in the United States shall on the grounds of race, color, religion, national origin, sex, age, disability or familial status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available through this Agreement. For purposes of this section "program or activity" is defined as any function conducted by an identifiable administrative unit of the City, or by any unit of government or private contractor receiving community development funds or loans from the City. "Funded in whole or in part with community development funds" means that community development funds in any amount in the form of grants or proceeds from HUD -guaranteed loans have been transferred by the City to an identifiable administrative unit and disbursed in a program or activity or project. Page 6 Agreement for Management, Implementation and Delivery of Services X. Use of Excessive Force Prohibited: In accordance with Section 519 of Public Law 101-144, the 1990 HUD Appropriations Act, the O/A certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. Xl. Equal Employment Opportunity: The O/A will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, disability or familial status. The O/A will take affirmative action to ensure that minority applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, sex, age, disability or familial status. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The O/A agrees to post in conspicuous places, available to employees and applicants for employment, notices that are provided by the City setting forth the provisions of this Equal Opportunity clause. The O/A will, in all solicitations or advertisements for employees placed by or on behalf of the O/A, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, age, disability or familial status. In the event of the O/A's noncompliance with the Equal Opportunity clause of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended, in whole or in part. XII. Handicapped Accessibility: The HOPWA Grant program is federally funded. All recipients of HOPWA funds MUST comply with the following: A. Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 apply to all HOPWA subgrantees and their contractors. B. Persons with disabilities, including persons with hearing and vision impairments and persons with physical disabilities, must be able to participate in the O/A's activities. C. All construction and renovation work must be carried out in accordance with Uniform Federal Accessibility Standards (UFAS) and American National Standards (ANS). D. Auxiliary aids must be used when necessary to ensure that individuals with disabilities have an equal opportunity to participate in and enjoy the benefits offered by the O/A. E. Designated parking spaces must be available for disabled persons. Page 7 Agreement for Management, Implementation and Delivery of Services F. Entryways, bathrooms, drinking fountains and meeting rooms must be accessible to persons in wheel chairs. XIII. Section 3 Requirements: The work to be performed under this Agreement is assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the HUD Act of 1968, as amended. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project, and agreements for work in connection with the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the project. The O/A must comply with the provisions of Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Agreement. The O/A certifies and agrees that it is under no contractual or other disability that would prevent it from complying with these requirements. XIV. Environmental Review Requirements: This Agreement is subject to the requirements established by HUD regulations 24 CFR Part 58, "Environmental Review Procedures for Title I Housing Opportunities For Persons With AIDS Program. The following federal laws and regulations are applicable for each of the impact categories: Historic Preservation: National Historic Preservation Act, 16 U.S.C. 470(f), Section 106; Floodplain: Executive Order 11988, Floodplain Management; Wetlands: Executive Order 11990, Protection of Wetlands; Noise: Noise Control Act, 42 U.S.C. 4903, as amended by the Quite Communities Act; Air Quality Clean Air Act 42 U.S.C., 7400, et seq., Section 176 and Section 117, as amended; Hazards: HUD Notice 79-33, 24 CFR Part 51, Subpart C and D; Water Quality. Clean Water Act, 33 U.S.C. 1251-1376, et seq., Section 404, and Safe Drinking Water Act, 42 U.S.C. 300; Solid Waste Disposal: Resources Conservation and Recovery Act 42 U.S.C. 6901-6987; Coastal Areas: Coastal Zone Management Act, 16 U.S.C. 1451-1464 and Coastal Barrier Resource Act 1982, 16 U.S.C. 3501, et seq.; Endangered Species: Endangered Species Act, 16 U.S.C. 1531, Section 7; Farmland Protection: Farmland Protection Policy Act of 1981, 7 U.S.C. 4201, et seq.; Wild and Scenic Rivers: Wild and Scenic Rivers Act, 16 U.S.C. 1271-1257. Lead Based Paint Hazard Notification, Evaluation and Reduction: For all projects involving rehabilitation, acquisition, disposition, homebuyer assistance, leasing, support services, operations or tenant -based rental assistance in federally owned residential property and other housing receiving Federal assistance, the Operating Agency agrees to follow all requirements of the Federal regulation at 24 CFR Part 35, Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards. "Receiving Federal assistance" Page 8 Agreement for Management, Implementation and Delivery of Services means receiving funds under any of the following Federal programs: Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), Housing Opportunities for Persons with AIDS (HOPWA), Shelter Plus Care (S+C), Supportive Housing Program (SHP) and Youthbuild. Exemptions from these requirements may include: residential structures built after January 1, 1978; unoccupied units that will be demolished; property not used for human residential habitation; rehabilitation that does not disturb paint; zero -bedroom dwelling units, including single room occupancy (SRO) units; and housing specifically designated for the elderly and disabled unless a child under age six resides in the unit. XV. Federal Labor Standards Provisions (for construction projects only): The O/A shall comply with the Davis Bacon Act and all Federal labor laws and regulations specifically including HUD -4010 (2-84) governing construction contracts and the use of federal funds. XVI. Political Activity Prohibited: None of the funds, materials, or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. XVII. Lobbying Prohibited: (Required certification language, for O/A's and third party contractors with Federal funds over $100,000): No Federal appropriated funds have been paid or will be paid, by or on behalf of the signatory of this agreement, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the agreement signatory shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," at the initiation or receipt of the agreement. The form is available from the Mayor's Office of Strategic Planning. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. It is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Failure to certify shall subject the agreement signatory to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. Page 9 Agreement for Management, Implementation and Delivery of Services XVIII. Publicity: The O/A shall, when publicizing this project, fully inform the public of the financial support given to the project the City. In all publications prepared by the O/A the term "City of Buffalo Housing Opportunities For Persons With AIDS Program" shall be conspicuously identified. The O/A shall display a sign at its project office or service outlet clearly identifying the project being operated. The O/A shall make its materials and publications available to visually or hearing impaired individuals to ensure their participation in the project. XIX. Copyright: If this Agreement results in a book or other copyrightable material, the author is free to copyright work, but HUD reserves the royalty -free, nonexclusive, and irrevocable licenses to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and material which can be copyrighted. XX. Patents:: Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to HUD for determination by HUD as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. XXI. Drug -Free Workplace: The O/A shall make a good faith effort to provide a drug-free workplace. A. Notification: The O/A shall inform project employees by published notification that "the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace." The O/A shall further inform project employees that "conviction for a violation of a criminal drug statute occurring in the workplace must be reported to the O/A no later than five calendar days after such conviction." The notice should specify the actions the O/A will take against employees for violations of the drug-free workplace prohibition. The notice should also state that abiding by the terms of the notice is a condition of employment under the grant. Each project employee should be given a copy of the notice. B. Education: The O/A should establish an ongoing drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The O/A's policy of maintaining a drug-free workplace; 3. Available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Page 10 Agreement for Management, Implementation and Delivery of Services C. Action: The O/A will take at least one of the following actions within 30 calendar days of receiving notice of an employee conviction: 1. Appropriate personnel action against the convicted employee, up to and including termination; or 2. Requiring the convicted employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. The Subrecipient acknowledges receipt of these General Conditions and verifies that all appropriate parties have been apprised of their obligation to comply with the HOPWA General Conditions. Vice Chair Signature Date Page 11 Agreement for Management, Implementation and Delivery of Services �+ EXHIBIT G SUBRECIPIENT AUDIT CORRECTIVE ACTION PLAN I. OBJECTIVE The objective of this plan is to assure compliance by the Subrecipient with the organization -wide financial audit requirements, as set forth in OMB Circular A- 133, as amended 2003. II. AUDIT NOTIFICATION PROCEDURES This Subrecipient agreement includes a requirement for compliance with OMB Circular A-133. The City shall notify the Subrecipient of an organization -wide audit requirement on an annual basis through this exhibit to the annual Agreement with the Subrecipient. Additional updates to OMB Circular A-133 may also be obtained by accessing the Office of Management and Budget's website at www.whitehouse.aov/omb/circulars/index. The Subrecipient will acknowledge this requirement by signing off on this exhibit. III. RESPONSIBILITIES OF THE SUBRECIPIENT The Subrecipient shall use its own procedures to arrange for an independent audit of its financial statements in accordance with generally accepted government auditing standards. The purpose and scope of the audit shall be to: a. Give an independent opinion of the financial position. b. Detect material fraud or misrepresentation. c. Review internal control procedures. d. Determine compliance with OMB Circular A-133 and additional HUD guidelines. e. Aid the Subrecipient. The preparation of an independent audit shall be undertaken within thirty (30) days of the close of the fiscal year, and shall be completed within 120 days. The audit should contain a statement indicating compliance with OMB Circular A-133. Two copies of the audited financial statements shall be transmitted to the Department of Community Services with a copy to the Department of Audit and Control within thirty (30) of the audit completion date. IV. AGENCY REVIEW AND SUBRECIPIENT COMPLIANCE The City Department of Audit and Control shall review audits for compliance with OMB Circular A-133. Findings of noncompliance in the audited financial statement of the Subrecipient will be resolved in the following manner: a. The City will notify the Subrecipient by letter that it has six (6) months to correct the findings, starting from the date of the letter of notification. Proof of compliance must be provided by the Subrecipient in writing within the six (6) Page 12 Agreement for Management, Implementation and Delivery of Services month period. b. If a finding cannot be resolved within six months, the Subrecipient will request an extension of time to comply, indicate the anticipated time of completion and describe the plan of action for achieving compliance. c. The City will review the extension request and advise the Subrecipient accordingly. In cases of noncompliance or unwillingness of the Subrecipient to cooperate, the City may take any of the following actions: a. A warning letter from the Director may be sent to the Subrecipient expressing concern about noncompliance, reiterating those actions which could be taken against the Subrecipient for failing to comply. The letter will contain an immediate deadline for compliance and may require an interview with appropriate City staff. A follow-up meeting could be held with representatives from the Subrecipient and the City to determine the most feasible means of resolving the problem. b. If the Subrecipient should fail to respond to the warning letter in a satisfactory manner, the City may not honor the Subrecipient's cost reimbursement requests for payment. Continued noncompliance could cause any of the following actions to occur: a. Suspension from the program. b. A demand for the remittance of unexpended funds and payments previously received as determined by the County to be due. c. Exclusion from future participation in the Community Development Block Grant Program. V. MONITORING OF THE SUBRECIPIENT The Subrecipient shall be monitored during scheduled visit to assure that all outstanding audit findings are resolved. Additionally, one phase of the site monitoring visit shall focus on whether the management system reviewed by the auditors is still being used. The Subrecipient acknowledges receipt of this policy and verifies that the Subrecipient will comply with OMB Circular A-133 and the requirements disclosed above. (Signature of Vice Chair) (Date) Page 13 Agreement for Management, Implementation and Delivery of Services EXHIBIT H HOPWA SUBRECIPIENT REQUIREMENTS The enclosed guidelines provide general information about the operation of your Housing Opportunities for Persons With AIDS (HOPWA) contract with the City of Buffalo. These guidelines are not meant to be all-inclusive. For greater detail, please refer to your grant contract and to the HOPWA program regulations and to OMB Circulars A-87. General Information For Agencies Review and reimbursement of costs submitted under the HOPWA contract is assigned to the City's Department of Community Services. In order to process claims, the Department of Community Services requires the completion of a subrecipient check-in package which provides basic information about the recipient and its accounting system. The HOPWA grant provided is to be primarily on a reimbursement basis. This means that costs must be incurred and paid prior to submission for reimbursement by the City. The City has established standard forms to be used to claim costs for reimbursement. See separate Requisition Guidelines enclosed with this package. It is required that agencies complete requisitions at least monthly but not more than on a bi-weekly basis. Special Advances - Upon the request of subrecipient personnel, the City may consider a request for a special advance. The subrecipient must provide a letter to the City, which summarizes the cost categories and amounts to be reimbursed. A requisition supporting the amount received must be submitted within 5 working days of receipt of a special advance. Budaeted Costs - Costs incurred must be included in the approved budget as contained in the signed contract. Unallowable Costs - A list of general unallowable costs has been attached for your information. All personnel authorized to expend HOPWA funds must review this listing. These costs, if incurred by an agency, will not be reimbursed. Invoice Support — Copies of invoices/receipts will be required for all reimbursements of expenses. Only detailed invoices or receipts will be accepted as proof of costs claimed. Purchase orders, order forms, memos, summary statements, freight slips, etc. do not independently constitute support and will not be accepted without detailed invoices or receipts. Agreement for Management, Implementation and Delivery of Services Fixed Asset Purchases — Fixed asset purchases must be budgeted in the contract budget in order to be reimbursed. Segregate the cost of the asset in Class 6 from any supplies purchased at the same time (which should be claimed under Class 5). Each asset should be claimed on a separate line in the cost summary and a "Capital Outlay Addition Form" should be prepared and attached to the claim (see form attached). A copy of this form should be retained for your inventory records. Fixed Asset Records - Fixed assets records are to be maintained at each agency location for all items of a capital nature purchased with HOPWA funds (in whole or part, current, past and future contracts). As part of the check-in procedures for the HOPWA grant, the City of Buffalo will require that you provide a listing of HOPWA fixed assets. Periodically, the City will require that you take a physical inventory of these assets. At least every two years, designated City personnel will perform an on-site monitoring visit to review the assets and assess their condition. Fixed Asset Disposals — Fixed assets that were purchased with grant funds are to be maintained in good condition and used in the program in future periods. It is the Subrecipient's responsibility to provide adequate security for assets to prevent theft or breakage. When assets become worn or are replaced, or are otherwise out of service, a "Capital Asset Disposition Form" (see form attached) should be prepared and forwarded to City. The purpose of this form is to obtain City permission for the disposal of any asset. City personnel will want to inspect the asset prior to disposition. Any proceeds from the sale of a fixed asset purchased with grant funds may, with the City's prior approval, be used for grant activities. Property Management Standards (per Federal Register, Office of Management and budget Circular A-102) 1. The grantee's property management standard for nonexpendable personal property shall include the following procedural requirements. (a) A description of the property. (b) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (c) Source of the property including grant or other agreement. (d) Whether title vests in the grantee or the Federal Government. (e) Acquisition date (or date received, if the property was furnished by the Federal Government) and cost. (f) (g) Percentage (at the end of the budget year) of Federal participation in the cost the project or program for which the property was acquired. (Not applicable to property furnished by the Federal Government.) Location, use and condition of the property and the date the information Agreement for Management, Implementation and Delivery of Services was reported. (h) Unit acquisition cost. (i) Ultimate disposition date, including date of disposal and sales price or the method used to determine current fair market value where a grantee compensates the Federal agency for its share. 2. Property owned by the Federal Government must be marked to indicate Federal ownership. 3. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. 4. A control system shall be in effect to insure adequate safeguards to prevent Toss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented; if the property was owned by the Federal Government, the grantee shall promptly notify the Federal agency. 5. Adequate maintenance procedures shall be implemented to keep the property in good condition. 6. Where the grantee is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return. General Requirements 1) The City must receive an executed contract and check-in package before any advances or reimbursements can be processed. 2) Any special advances issued must be closed out within one week of receipt of the funds. A special advance can be obtained through a written request specifying the amounts to be paid, by class of expense, and signed by the Board President. 3) All requests for reimbursement must be submitted on City approved forms. The requisition summary should be submitted on the two-part "Requisition for Funds" (RFF) form. Complete the information at the top of the form, lines (A) & (B) of the expense section, and all of the information under the "certification" heading. Only the chairperson or his/her written designee can sign the request. 4) Costs claimed for reimbursement should be detailed on the claim forms that are separate for each class of expense. These class sheets require details such as Agreement for Management, Implementation and Delivery of Services the check number, date of check, payee, check amount and the amount being claimed under the HOPWA program. A short description of the expense and other details may be required. 5) Do not claim mixed expenses on the same form — claim each expense separately on the proper class form. (For example, Class 4 supplies should be segregated from Class 6 capital outlays even if they were purchased on one invoice; if necessary, make a copy of the invoice to submit costs in two different classes). 6) Copies of bills. invoices and timesheets must be submitted for all costs claimed., Copies can only be accepted when the HOPWA reimbursement is less than 50% of the total bill. 7) All documentation for expenses claimed should be batched by class, in the order shown on the claim form, to facilitate City review. 8) Any expenses submitted must have already been paid as evidenced by the check number noted on the claim form. 9) Costs in excess of the class limits will be disallowed. If you require a contract change, contact your program monitor for written approval before requesting any additional funds in that class of expenses. General Rules for Allowable/Unallowable Costs 1) Expenses can only be reimbursed up to the current budget line amount in your contract or latest budget revision. 2) Sales tax, late fees, and interest charges are not reimbursable items. 3) Invoices or receipts must support all costs submitted for reimbursement. Purchase orders, memorandum, order forms, freight/delivery forms, packing slips and summary vendor statements or credit card statements do not separately constitute support and will not be accepted without detailed invoices or receipts. Any cost not properly supported will be disallowed. Specific Unallowable Costs - Please note that this list is not intended to be all- inclusive. Please refer to OMB Circular A-87 and the HOPWA regulations for a complete listing of unallowable costs. 1) Bad Debts - Any losses arising from uncollectible accounts and other claims, and related costs, are unallowable. 2) Contingencies - Contributions to a contingency reserve or any similar provision for unforeseen events are unallowable. 3) Contributions and Donations - Unallowable. Agreement for Management, Implementation and Delivery of Services 4) Entertainment - Cost of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodging, rentals, transportation and gratuities, are unallowable. 5) Fines and Penalties - Costs resulting from violations of or failure to comply with Federal, State, and local laws and regulations are unallowable. 6) Audit Fees — Only to the extent that an audit is required by the Single Audit Act, the cost of audits necessary for the administration and management of functions related to grant programs are allowable.. 7) Interest and other Financial Costs - Interest on borrowings, however represented are unallowable. 8) Unsubstantiated Costs - Unallowable. DOCUMENTATION REQUIREMENTS Class 1 — Personal Services 1) Employee certifications must be on file in the City of Buffalo Department of Community Services before payroll can be reimbursed. 2) Payroll reimbursement is calculated on the basis of gross payroll plus employer's FICA. 3) Copies of timesheets signed by the employee and approved by the program director or board member must be submitted along with a copy of the payroll journal. The payroll period must be noted on the time sheets and correspond to the payroll register/journal submitted. If time sheets are not signed and approved, and do not show the period covered, the costs will be disallowed. 4) Employees must also sign in and out on a daily basis. The sign in sheets must be approved as evidenced by the signature of appropriate supervisory personnel. 5) If an established outside payroll service is used, and unemployment is paid each pay period and shown on the payroll register, unemployment insurance expense may be claimed each pay period. If such a payroll service is not used, NYS unemployment insurance costs should be submitted as of the end of the calendar quarter to which they apply, and must be accompanied by a copy of the quarter's federal 941 form and state WT -4B form showing that the amount was paid Class 2 — Utilities 1) A copy of the entire bill must be submitted for all utilities (except for the payment stub). Only the current portion of the bill will be reimbursed. Past due amounts shown will not be reimbursed unless the applicable prior bill is also included. Penalties and interest are not reimbursable. Agreement for Management, Implementation and Delivery of Services Class 3 — Travel & Transportation 1) The Subrecipient shall adopt a travel policy that at a minimum meets the requirements of the current City of Buffalo travel policy as determined by the City of Buffalo Corporation Counsel. The Subrecipient shall obtain written approval from the Executive Director of Strategic Planning for any travel outside the metropolitan area with funds provided under this agreement. Travel must be specifically for the purpose of program administration and costs must be reasonable. Class 4 — Materials & Supplies Competitively Bid Or Procured Through Price Agreement 1) All bills must be itemized and types of costs must have been approved within the scope of the budget for your contract. 2) Groups of same items, must have be competitively bids or be procured using an approved price agreement Once approved, the items purchased and prices paid should be equal to or less than the approved bid. Class 5 — Other Services 1) An approved fourth party contract must be on file for any independent contractor services. 2) Reserved 3) In order to claim insurance costs, costs must be supported by an invoice that identifies the type of insurance, the policy period covered and the total premium amount. If the policy period does not agree with the contract period, or if costs are allocated between funding sources, provide a schedule showing how the costs are to be pro rated and/or allocated over the term of the policy and the grant period. Costs related to periods outside the grant period cannot be reimbursed. If partial payments are used to pay insurance, the schedule discussed in the prior paragraph should be submitted with each request for reimbursement and should show the individual payments made to date and the amount remaining to be paid. Class 6 — Capital Outlay 1) All non -expendable items in excess of $5,000.00 are considered capital outlays. 2) Costs to place an asset in service should be included as part of the cost reported in capital outlay. Costs such as freight, installation, accessories such as cords for computers or printers are necessary to obtain and make the asset work and should be included as capital outlay. 3) These items require three bids and approval through your program monitor. Once Agreement for Management, Implementation and Delivery of Services approved, the items purchased and prices paid should be equal to or less than the approved bid. 4) Any related supplies which were purchased at the same time and whose costs show on the same invoice should be separately reported as Class 4 expenses. For example, computer disks bought at the same time you purchased a computer should not be claimed as Capital Outlay costs but should be claimed as Supplies, Class 4. Attach the copy of the invoice to Class 6 and a photocopy to Class 4. 5) Each capital asset purchased should be claimed on a separate line in the Class 6 Expenditure Summary by Class form. For each capital asset purchased, prepare a "Capital Outlay Addition Form" and attached it to the class summary sheet (see form attached). A copy of this form should be retained for your inventory records. Note: The requirements stated above are not meant to be all-inclusive. There are many circumstances that may require further clarification. If you have any questions concerning an item, it is best to contact the City of Buffalo Department of Community Services before you submit it for reimbursement. Please contact the following: City of Buffalo Department of Community Services Phone Number (716) 851- 4026. The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to comply with the HOPWA Subrecipient Requirements. Vice Chair's Signature Date 0 # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 23, 2016 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Lease Agreement between the City of Buffalo and the Massachusetts Community Center and Development Corporation d.b.a. West Side Community Services For Use of a 161 Vermont Street (NIAGARA District) PRIOR COUNCIL REFERENCE: (Item No. 65, C.C.P. 05/11/04) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, received a request from Elizabeth Murphy, President of the Massachusetts Community Center and Development Corporation d.b.a. West Side Community Services (WSCS) to enter into a new lease for the use of 161 Vermont Street. The request was referred to the Department of Public Works. The Department of Public Works inconjunction with the Division of Real Estate negotiated a lease to include but not be limited to the following terms and conditions: 1. The lease shall be for a term of three (3) years. 2. The annual rental shall be One Dollar per year. 3. The City shall be responsible for the following utilities: gas, water, sewer charge and electricity. 4. WSCS will pay for the costs of all telephones, telephone service, fax, computers, Internet, permits and fees associated with its use of the premises. 5. WSCS shall be responsible for the costs of all repairs and preventative maintenance and shall at all times keep the entire premises in a clean and healthful condition. 6. The City shall be responsible for bondable capital improvements which shall beemed as those structural in nature and affecting the use of the premises and or permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 7. WSCS shall be responsible for cleaning outside grounds and sidewalks including but not limited to, snow removal. Page 2 (TEXT CONTINUATION) June 23, 2016 Lease Request WEST SIDE COMMUNITY SERVICES 8. Either party may terminate the lease upon thirty (30) days written notice served personally or by certified mail. 9. WSCS shall notify the City in writing, through the Director of Real Estate, of its intention to extend this lease, no later than sixty (60) days prior to the expiration of the lease term. 10. WSCS shall hold the City harmless of and free from any and all liability of whatsoever name and nature and howsoever caused in its use of the premises or in any way related to the use of the premises. 11. WSCS shall provide the City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as an additional insured on said policy with minimal limits in the amount of One Million Dollars ($1,000,000.00) per occurance, Two Million Dollars ($2,000,000.00) aggregate. This office recommends that Your Honorable Body approve a new lease agreement between the City of Buffalo and the Massachusetts Community Center and Development Corporation d.b.a. West Side Community Services (WSCS) for the use of 161 Vermont Street to include but not limited to the above terms and conditions. I am also requesting that Your Honorable Body authorize the Corporation Counsel to prepare said lease agreement and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: Christie R. Nelson TITLE: Director of Real Estat, Office of Strategic Planning SIGNATURE OF DEPARTMENT HEAD: CRN: edr Lease Agreement between the City of Buffalo and the Massachusetts Community Center and Development Corporation d/b/a West Side Community Services for the Use of 161 Vermont (Nia)(Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 23, 2016, be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to enter into a new lease agreement between the City of Buffalo and the Massachusetts Community Center and Development Corporation d/b/a West Side Community Services ("WSCS") for the use of 161 Vermont Street, to include but not limited to, the following conditions: 1. The lease shall be for a term of three (3) years. 2. The annual rental shall be One Dollar ($1.00) per year. 3. The City shall be responsible for the following utilities: gas, water, sewer charge and electricity. 4. WSCS will pay for the costs of all telephones, telephone service, fax, computers, interne, permits and fees associated with its use of the premises. 5. WSCS shall be responsible for the costs of all repairs and preventative maintenance and shall at all times keep the entire premises in a clean and healthful condition. 6. The City shall be responsible for bondable capital improvements which shall be deemed as those structural in nature and affecting the use of the premises and/or permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 7. WSCS shall be responsible for cleaning outside grounds and sidewalks including, but not limited to, snow removal. 8. Either party may terminate the lease upon thirty (30) days written notice served personally or by certified mail. 9. WSCS shall notify the City, in writing, through the Director of Real Estate, of its intention to extend this lease, no later than sixty (60) days prior to the expiration of the lease term. 10. WSCS shall hold the City harmless of and free from any and all liability of whatsoever name and nature and howsoever caused in its use of the premises or in any way related to the use of the premises. 11. WSCS shall provide the City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as an additional insured on said polity with minimal limits in the amount of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate. That the Common Council hereby authorizes the Corporation Counsel to prepare said lease agreement and that the Common Council hereby authorizes the Mayor to execute the same. PASSED AYES — 8 NOES -0 T:\wp6OVRP\COUNCI \2016 Meetings \7-5-16 meeting\Lease Agreement -COB and Massachusetts CC.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRID GEN RIVERA SCANLON WIN GO WYATT *AYE* NO * * * * * * [MAJ-5] * e *Q * [ 2/3 - 6 ] * * * [3/4 - 7] 015 1 #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 28, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 420 Busti Avenue— Vacant Lot 235. SE PENNA Lot Size: 30' x 100' Assessed Value: $2,800 (ELLICOTT District) The Office of Strategic Planning, Division of Real Estate has received a request from Cynthia Monaco of 31 Marquette Avenue Kenmore, NY 14217 to purchase 420 Busti Avenue. Ms. Monaco would like to purchase the lot for added yard space for her adjacent property located at 422 Busti Avenue. Ms. Monaco will manage the property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to Two Dollars ($2.00) per square foot. Ms. Monaco has agreed and is prepared to pay One Dollar and Forty Cents ($1.40) per square foot for the parcel for a total of Four Thousand Two Hundred Dollars ($4,200.00) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 420 Busti Avenue for the amount of Four Thousand Two Hundred Dollars ($4,200.00) to Ms. Cynthia Monaco. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. June 28, 2016 Report of Sale 420 Busti Avenue DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF TRATEGIC PLANNING Report of Sale — 420 Busti Avenue (Ell) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 28, 2016, be received and filed; That the offer from Cynthia Monaco of 31 Marquette Avenue, Kenmore, New York 14217 in the amount of Four Thousand Two Hundred Dollars ($4,200.00) for the purchase of 420 Busti be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 8 NOES -0 C:\Users\clehnedAppData\LocaI\Microsoft\Windows\Temporary Internet Files \ContenlOutlookU5MLCIHS\Report of Sale -420 Busti.docx 5 * AYE* NO *. FEROLETO * * * * * * FONTANA *: * * * * * FRANCZYK * * . * * * GOLOMBEK * * * * * * PRIDGEN * * * * * RIVERA *. * * * SCANLON * * * * * * WINGO * * WYATT * * * * * * [ ]* * [J-5] * * 0 * [ 2/3 - 6 ] *. * [3/4 - 7] #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 28, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 102 Ivy Street— Vacant Lot 396A8 S GENESEE Lot Size: 32' x 109' Assessed Value: $1,500 (FILLMORE District) The Office of Strategic Planning, Division of Real Estate has received a request from Muhammed S. Rahman of 104 Ivy Street Buffalo, NY 14211 to purchase 102 Ivy Street. Mr. Rahman would like to purchase the lot for added yard space for his adjacent property located at 104 Ivy Street. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty -Five Cents ($.45) to Eighty -Five Cents ($0.85) per square foot. Mr. Rahman has agreed and is prepared to pay Fifty -Two Cents ($.52) per square foot for the parcel for a total of OneThousand Eight Hundred Dollars ($1,800.00) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 102 Ivy Street for the amount of One Thousand Eight Hundred Dollars ($1,800.00) to Mr. Muhammed S. Rahman. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. June 28, 2016 Report of Sale 102 Ivy Street DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFIC - OF S RATEGIC PLANNING Report of Sale —102 Ivy Street (Fill) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 28, 2016, be received and filed; That the offer from Muhammed S. Rahman of 104 Ivy Street, Buffalo, New York 14211 in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 102 Ivy Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 8 NOES - 0 CAUsers\clelmer\AppDala\ Local\Microsoft\Windows\Temporary Internet Files\ContentAadookU5MLCIHS\Report of Sale -102 Ivy Street.docx 5`61 #2 (Rev. 1/93) Single Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 28, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 373 Leroy — Multi Family 31 W Castle Lot Size: 29' x 130' Assessed Value: $40,600 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Amer Ahmed and Lima Chowdhury, 14 Ivy Street, Buffalo, New York 14211 to purchase 373 Leroy. Mr. Ahmed and Ms. Chowdhury will renovate the dwelling for use as their primary residence. They have estimated the cost of renovations to be Twenty Two Thousand Six Hundred Dollars ($22,600) that has been reviewed by the Division of Real Estate and the Department of Permit and Inspections Services. Mr. Ahmed and Ms. Chowdhury have provided proof of financial ability to complete the purchase and repair the property. The Offices of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by KLW Group, Inc. to estimate the fair market value of 373 Leroy Avenue. The Fair Market Value was estimated to be Five Thousand Dollars ($5,000.00). I am recommending that Your Honorable Body approve the sale of 373 Leroy for the amount of Five Thousand Dollars ($5,000) to Mr. Ahmed and Ms. Chowdhury. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTI . NELSON TITLE: DIRECTO OF REAL ESTATE OFFICE •F TRAIEGIC PLANNING REFERRED TO THE COMMIATTE ON COMMUNITY DEVELOPMENT. FROM THE COMPTROLLER July 5, 2016 The City of Buffalo Common Council 1413 City Hall Buffalo, NY 14202 REVIEWED AGENDA ITEM (ID # 1620) X158 Meeting: 07/05/16 02:00 PM Department: Audit and Control Category: Communication Prepared By: Patrick Curry Initiator: Patrick Curry Sponsors: DOC ID: 1620 Annual Audit Plan Pursuant to City Charter Section 7-5, attached please find the Annual Audit Plan for the fiscal year 2016-2017. ATTACIIMENi'S: • Annual Audit Plan FY 2016-2017 (PDF) REFERRED TO THE COMMITTEE ON FINANCE. Updated: 6/23/2016 4:10 PM by Patrick Curry Page 1 DEPARTMENT OF AUDIT & CONTROL CITY OF BUFFALO ANNUAL ALUDIT PLAN FISCAL YEAR 2016-2017 JUNE 20, 2016 MARK J. F. SCHROEDER COMPTROLLER ANNE FORTI-SCIARRINO, CPA FIRST DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR Section 7-5 of the Charter of the City of Buffalo - Annual Audit Plan "By the beginning of each fiscal year, the comptroller shall submit to the council for review and comment an annual plan designating the offices, departments, boards, commissions, activities, programs, functions, agencies and other entities scheduled for audit in the fiscal year and listing the same completed in the prior fiscal year. The plan may be amended during the year as deemed necessary by the comptroller. Notwithstanding the audit plan submitted to the council, the comptroller may at any time initiate and conduct any other audit the comptroller deems appropriate. The authority for selection of audit areas shall reside solely with the comptroller; provided that the comptroller shall perform the audits required by paragraphs 4 and 5 of Section 7-4 of this charter." Introduction The Department of Audit and Control will protect, report and strengthen the City's finances to help ensure an efficient, effective, and transparent government that will better serve the citizens and taxpayers of Buffalo. This is the Department's mission statement. The Division of Audit has set goals to achieve the mission of the Department, one of the goals is to advance open and accountable government through accurate, independent, and objective audits that seek to improve the economy, efficiency and effectiveness of the government of the City of Buffalo (the "City"). The Division of Audit has limited resources to accomplish this mission and goal, thus resources must be used prudently to maximize effectiveness. Processes and procedures within the Division of Audit are continuously evaluated to increase the efficiency and effectiveness of our audits. Our audits are planned and performed to comply with the International Standards for the Professional Practice of Internal Auditing, issued by Institute of Internal Auditors (the "IIA"). These standards require that we plan and perform our audits to obtain sufficient, appropriate evidence to provide a reasonable basis for our audit findings and conclusions. Compliance with these standards is reviewed every three years through an external examination, conducted by an independent professional. Audit Plan The Division of Audit will continue to focus its efforts on maximizing of revenues and minimizing of expenditures by increasing the effectiveness of internal controls and eliminating inefficiencies, waste, fraud, and mismanagement. Audits will be selected based on the results of the risk assessment. Departments, revenues and expenditures determined to have a higher risk will be subject to more frequent audits. Factors included in determining risk are size of budget, compliance requirements, prior audit results and results of internal control questionnaires. This risk-based plan will assist in achieving our goal of conducting audits that will have a positive economic impact for the City. The risk assessment will help to identify the areas where our resources would be most beneficial to the City's finances. 1 tie As noted, the objective of utilizing a risk-based, audit plan is to identify and prioritize various operational and other issues posing the greatest potential risk and liability to the City. The Division of Audit utilizes the following risk factors: Financial Risk - This measure assesses risk based on revenues and expenditures as a percentage of the total City budget. The larger the combined revenue and expense the larger potential impact to the City and thus a greater overall financial risk. Control Risk — Is the risk that a material error will not be prevented, or detected and corrected timely by the City's internal control systems. The three categories used to evaluate control risk are as follows: Revenue Controls — This measure assesses risk based on the nature of revenue/cash transactions and the controls/procedures in place to safeguard assets while ensuring the City receives all revenue which it is entitled to. Expenditure Controls — This measure assesses risk based on the nature of expenditures and purchasing as well as risk associated with operating under any contracts or external reporting requirements. Asset Controls — This measure assesses risk based on the nature of assets handled/utilized by a department, potential misappropriation and ease of converting assets into cash. Risk Assessment In order to conduct a city-wide risk assessment, the Division of Audit sent out over 25 internal control questionnaires to City management from more than 20 Departments/agencies. With the responses from City personnel, the Division of Audit created the risk profile using identified control risks. The control risks identified were weighted and mapped against financial risk to create the audit risk assessment on page 4. The audit risk assessment on page 4 maps the financial risk and the control risk to identify areas that pose the greatest total risk. The audit risk assessment is broken down by the budgetary division number. Financial risk runs vertically with departments having higher amounts of combined revenues and expenditures having a higher financial risk. Control risk runs horizontally with departments having a higher control risk on the right of the audit risk assessment. A larger financial risk coupled with high control risk puts a department in the upper right hand corner (red area) of the assessment. A high risk score does not mean that the Division/Department is being managed ineffectively or that internal controls are not adequate. A high risk score indicates a greater susceptibility to an issue occurring which potentially could have a greater impact on the City. 2 The number of audits performed will be based on audit staff hours available. Expected Use of Hours Available to Audit Number of Proje cts Hours Risk-based Audits 6 2,400 Follow-up to Prior Audits 4 400 Other Projects 2 350 Hours Available to Audit 3,150 We will choose audits using our objective risk assessment, but reserve the right to audit any entity or transaction as allowable under Chapter 7 the Charter of the City of Buffalo (the "Charter"). Additionally, there are several audits required to be performed in accordance with Chapter 7 of the Charter, a description and estimated schedule for the required audits is detailed on page 7. We plan to allocate our audit resources based on the risk assessment, therefore it can be expected that the areas in the top right of the risk assessment such as Fringe Benefits, Police, Fire and Utilities will be our highest priority areas to audit. This does not guarantee we will audit each of these areas this year, but they are the City's highest risk areas and will be given the highest priority to audit. It should be noted that there are ongoing audits of the Police Department and Utilities. Additionally, the Fire Department had two audits performed in the prior year. While the risk assessment identifies the highest risk areas, it does not identify specific risks within each area. Specific audit objectives will be determined once the staff has completed audit planning procedures. During the audit planning phase, staff will gain an understanding of the department and/or function by conducting interviews and research. Specific issues and risks will be identified and audit objectives and methodologies will be developed during the audit planning phase. 3 ate, -l -f �r Summary of Prior Year Audits The following audits were completed during the fiscal year ending June 30, 2016: Revenue Related Audits Audit of the Internal Controls over Revenue at the Animal Shelter The audit recommended several improvements to internal controls to assure that revenue recorded is complete and accurate. Specifically, the audit recommended changes to the way transactions are recorded, including using pre -numbered receipts for all transactions, segregation of duties so that one person is not responsible for the entire revenue process, recording transactions timely and installation of security cameras. Audit of the Internal Controls over Revenue at the Bureau of Fire Prevention The audit recommended improvements to the internal controls over revenue, including moving all payment processing to the Division of Treasury, using pre -numbered documents so that the number of permits issued could be vouched to the cash received. Additionally the audit recommended establishing written policies and procedures for handling cash transactions and ways to improve the recording of the transactions such as recording transactions electronically. Expenditure Related Audits Audit of the Payroll Procedures of the Timekeepers The audit recommended the installation of a new automated time and attendance system, which would increase internal controls over the payroll process. Until such time as a new system can be installed, payroll forms should be standardized, hours recorded on timesheets should be verified to hours paid, awarding overtime to employees who work through lunch and/or break should be eliminated, and access to the timekeeping software should be evaluated. Audit of the Payroll Procedures of the Fire Department The audit recommended the installation of a new automated time and attendance system. Until this can be accomplished other recommendation were made to improve the system currently in use. The audit recommended the following to lower overall costs; a reduction in overtime to civilians, the pre -approval of overtime for civilian employees, and payment of acting time in accordance with the union contract. Additionally the audit recommended the development of written instructions and standardized payroll forms to be used department wide. Audits Required by Charter Audit of the Performance of the Common Council Charter Section 7-4(5) requires the comptroller to engage an independent consultant to conduct an audit of the performance of the council staff every two years. It was determined that the independent auditors who performed an audit of the Common Council Payroll Procedures two 5 years ago would perform a follow-up audit to determine if recommendations from the prior audit were implemented. The independent auditors determined that none of the recommendations were implemented. No standardized time entry system has been adopted, no formal policies were implemented for tracking paid time off, hours worked, overtime hours or the use of a signature stamp. Audit Follow-up Reports The IIA's International Standards for the Professional Practice of Internal Auditing require that the Division of Audit establish and maintain a system to monitor the disposition of audit results communicated. The Division of Audit has created a process of reviewing audit recommendations from the prior year audits and documenting the progress toward implementation of the recommendations. The results of these reviews are documented in an Audit Follow-up Report. The reports are filed with the Common Council in the same manner as the original audit. Verifying the implementation of the audit recommendations is the final step of the audit process, and the audit hasn't truly.been completed until this occurs. Therefore the Audit Follow-up Report is of paramount importance to the audit process. The Division of Audit completed a Follow-up Report on: Follow-up to Audit of Fuel Consumption The follow-up determined that most of the audit recommendations have been put into place, including improvement of internal controls over fuel dispensed by using Automotive Information Module (AIM) technology on new vehicles and performing an annual reconciliation of fuel purchased and consumed. Audits and Audit Follow-up Reports are filed with the Common Council and can be reviewed in their entirety on the Comptroller's website: htto://www.citv-buffalo.com/Home/Leadership/Citv Comptroller/Audits Audits in Progress Audit of Electric Service Accounts including Street Lighting Audit of the Gross Receipts Tax Collections Audit of Cable Franchise Tax Agreement Audit of Payroll Management and Practices at the Buffalo Police Department Follow-up to Audit of Broadway Market Rental Revenue 6 Audits Required and/or Allowed by the Charter Charter Citation Charter Req uirements Description of Audit to be Conducted The comptroller shall engage an independent Follow-up To Audit of 7-4, 5 consultant to conduct an audit of the performance of Payroll Procedures the council staff every two years. At least once every three years, the comptroller shall take such steps as are necessary to have the department of audit and control reviewed by a professional, non-partisan objective organization 7-10, 3 utilizing nationally recognized guidelines such as those adopted by the National Association of Local Government Auditors to evaluate the department's compliance with generally accepted government auditing standards. 7-4, 4 In addition to such audits as the comptroller may conduct with his or her own staff, the comptroller shall engage an independent consultant to conduct at least two such performance audits each year. The comptroller shall request, the mayor shall recommend, and the council shall appropriate sufficient funds for such audits. The comptroller shall have the power to conduct financial and performance audits of all agencies and other entities a majority of whose members are 7-4, 2 appointed by city officials or that derive at least fifty percent of their revenue, including the provision of goods, services, facilities or utilities, from the city or from allocations under the authority of the city. 7-4, 4 The comptroller shall have the power to conduct performance audits of all bureaus, offices, departments, boards, commissions, activities, functions, programs, agencies and other entities or services of the city (including those mentioned in paragraph 2 of this Section) to determine whether their activities and programs are: (i) conducted in compliance with applicable law and regulation; and (ii) conducted efficiently and effectively to accomplish their intended objectives. 7 Review Division of Audit Procedures and Adequacy of Audits Performed (Audit of Auditors) 1. Audit of Information in Accordance with Single Audit Act For City the Buffalo. 2. Audit of Information in Accordance with Single Audit Act For Buffalo Urban Renewal Agency Audits will be selected based on risk assessment. Audits will be selected based on risk assessment. Estimated Completion Date Completed 4/18/2016 Completed 12/10/2014 Remarks Required / Next Audit in 2017 Required Audit/ Next Audit in 2017 Completed Required Annually Audit Continuously Allowable Performed Audits Continuously Allowable Performed Audits FROM THE PRESIDENT OF THE COUNCIL July 5, 2016 0 015(.3Z qtto CITY OF BUFFALO No. Appointment of Legislation Committee Chairman I hereby appoint David A. Franczyk as the Chairman of the Legislation Committee effective July 1, 2016. stiu44 (Q- rAmias' Darius G. Pridgen Common Council President ADOPTED q t�7 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS July 5, 2016 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 22, 2016 1 5 8 0 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Change in Contract [: 2016 Block Pruning [: Contract # 93001730 PRIOR COUNCIL REFERENCE: (IF ANY) I hereby submit to Your Honorable Body the following change for the 2016 Block Pruning. This change order is necessary to increase the contract to provide additional tree pruning for the City of Buffalo. The foregoing change results in a net increase in the contract of Seventeen Thousand Five Hundred Sixty Six and 15/1000 ($17,566.15). Summary: Original Contract Amount Amount of this Change Order Revised Contract Amount $156,425.00 17,566.15 $173,991.15 Funding for this increase will be available in 14570006-456000. 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 Tree Care of New York LLC RECOMMENDED Andrew R. Rabb v Deputy Commissioner for Parks & Recreation DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Wtks and Streets SIGNATURE OF DEPARTMENT HEAD: \0 Change in Contract — 2016 Block Pruning (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 June 22, 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 $17,566.15 (Original Contract Amount $156,425.00 + Change Order #1 $17,566.15 for a Revised Contract Amount of $173,991.15) for the 2016 Block Pruning, with Tree Care of Western New York, LLC, C#93001730. Funds for this increase will be available in Account #14570006-456000. PASSED AYES — 8 NOES -0 C:\Users\clehner\AppData\LocalkV icrosoft\Windows\Temporary Internet Files \ContentOotlookU5MLCIH5\Change in Contract -2016 Block Pnming.docx L --- *AYE*NO* FEROLETO * * * _ * * * FONTANA * * * * * * FRANCZYK. * * _. * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * ** * * * WINGO *• * * _ * * * WYATT * ** [ MAJ. - 5] [ 2/3 - 6] [314 - 7] * U_ `.,a #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 30, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: Cars on Main Street — 500 Block Project [: Contract #93001196 [: PIN #5760.39 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: Contract Summary: Contract Amount + Amount of change order(# 1) Revised Contract Amount $2,552,807.17 $ 107.583.98 $2.660391.15 City share of Change Order (#1) — 5% or $5,379.20 ok I hereby submit to your Honorable Body the following change for this contract. DiDonato Associates is the Engineering Consutlant for the Main Street — 500 Block Road Reconstruction Project for the City of Buffalo. This contract provided for the construction administration and inspection of the project. In January 2012 the City of Buffalo was awarded a Federal $15M TIGER III Grant to continue the Cars on Main Street Project from Chippewa to Mohawk Streets (500 Block). This increase is necessary to complete final "as -built" plan sets for all affected agencies (NFTA, City -Water, BSA, etc) and perform final "performance measure testing" for the FHWA as required by the TIGER grant. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I 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 $107,583.98. Of this amount, 5% or $5,739.20 is the City share of the change. The funds are available in Capital Project Accounts: 32100006-445600, and/or an account(s) to be named at a later date. SJS/MJF/JDB/dab Recommended: 4.444t./ Title: Michael J. Finn, P.E., City Engineer of Public Works, Parks & Streets TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Commissioner Change in Contract — Cars on Main Street — 500 Block Project (E11)(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 June 30, 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 $107,583.98 (Contract Amount $2,552,807.17 + Change Order #1 $107,583.93 for a Revised Contract Amount of $2,660,391.15) for the Cars on Main Street — 500 Block Road Reconstruction Project, with DiDonato Associates, C#93001196. Funds are available in Capital Project Accounts #32100006-445600, and/or an account(s) to be named at a later date. PASSED AYES — 8 NOES - 0 C:\Users\clehnerWppData\Local\Microsoft\Windows\Temporary Internet Files \ContentOutlookU5MLCIH5\Change in Contract -Cars on Main.docx II FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * * * [ ] * * * [ MAJ - 5 ] * * 0 [ 2/3 - 6 ] * * * [3/4 - 7] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 29, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Accept Funds from [: PAVENY [: [: [: PRIOR COUNCIL REFERENCE: (IF ANY) [: None Permission is hereby requested from Your Honorable Body to accept $932,499.38 from the PAVE -NY Program State FY 16-17. SJS:MJF:kem Recommended: 6)1L,Let-11,1141, Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak l/ TYPE TITLE: Commissioner aia . ' or , arks & Streets SIGNATURE OF DEPARTMENT HEAD: /� Oft Permission to Accept Funds from PAVE -NY (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 June 29, 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 $932,499.38 from the PAVE -NY Program State FY 16-17. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outtook\J5MLCIH5\Permission to Accept Funds-PAVE-NY.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] * [MAJ- 5] * [2/3 - 6] * [3/4 - 7] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June29, 2016 0 1 5 5 9 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Permission to Hire Consultant [: Core Environmental Consultants [: for Soils Management Plan and Environmental [: Construction Oversite [: Walden Park [: Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: u\i;1 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Core Environmental as a consultant to provide environmental services for the new Walden Park Concession building. The cost for consulting services is estimated not to exceed $26,500. The funds for this project are available in CDBG account DJ9B2017-470000. The consultant was chosen through a Request for Proposal (RFP) Process. SJS/ARR/FG RECOMMENDED Andrew R. Rabb Deputy Commissioner TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parked S# SIGNATURE OF DEPARTMENT HEAD: \3 Permission to Hire Consultant — Core Environmental Management Plan and Environmental Construction Oversite — Walden Park (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 June 29, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Core Environmental as a consultant to provide environmental services for the new Walden Park Concession building. The consultant was chosen through a Request for Proposals (RFP) process. Funds for this project are available in the CDBG Account DJ9B2017-470000. PASSED AYES — 8 NOES - 0 C:\Users\clehnerWppData\Loca1 icrosoft\Windows \Temporary Internet Files \Content Outlook\I5MLCIH5\Permission to Hire Consultant -Walden Park.docx #1 (Rev. 1/93) 0 1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 29, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Increase Consultant Contract [Watts Architecture & Engineering Contract - 93001279 [Ohio Street and Inner Harbor infrastructure Improvements Project [Fillmore District PRIOR COUNCIL REFERENCE: (Item No.2153, C.C.P 10/27/2015) I hereby submit to your Honorable Body the following change order for this contract. Watts Architecture & Engineering has been hired for the construction Administration and construction inspection of the Ohio Street Improvements Project. This increase is necessary for additional services to design and oversee construction of a fence installation that is required by CSX. Previously approved Contract Amount: $ 1,451,130.00 This Change Order: $ 24,700.00 Total: $ 1,475,830.00 The project is funded with 80% Federal and 20% ECHDC and the funds are available in grant account 32190006-445500 and or an account to be named at a later date. MJF: sag Recommended: Title: Micheal J. Finn, P.E., City Engineer DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks : reets SIGNATURE OF DEPARTMENT HEAD: \6 Permission to Increase Consultant Contract — Watts Architecture & Engineering Contract — Ohio Street and Inner Harbor Infrastructure Improvements Project (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 June 29, 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 $24,700.00 (Previously Approved Contract Amount $1,451,130.00 + Change Order #1 $24,700.00 for a Total Contract Amount of $1,475,830.00) for the construction administration and construction inspection of the Ohio Street Improvements Project, with Watts Architecture & Engineering, C#93001279. This project is funded with 80% Federal and 2-% ECHDC, and the funds are available in Grant Account #32190006-445500, and/or an account to be named at a later date. PASSED AYES — 8 NOES -0 C:\Users\clehner\AppData\C.ocal\Microsoft\Windows\Temporary Internet Files \ContentOutlookU5 LCIH5\Change in Contract -Ohio St and Inner Harbor.docx * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * RIVERA * * * * * * SCANLON * _ * * WINGO * * • WYATT * _* [ ] * * * [MAJ- 5] * * 0 [2/3 - 6] * * * [3/4 - 7] 01591 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 28, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to waive formal [: bidding procedures for single source [: service of Computer Drives & PLC [: on the West Ferry Street Lift Bridge PRIOR COUNCIL REFERENCE: (IF ANY) [: The Department of Public Works, Parks & Streets is requesting permission from Your Honorable Body to waive formal bidding procedures for the single source service of the Variable Frequency Drives and the Programmable Logic Control and related control equipment on the West Ferry Street Lift Bridge. Due to the advanced age and complexity of the computer control equipment on the bridge there are a very limited number of programmers and troubleshooters in the area that have experience with our control equipment. Rexel Electrical of Cheektowaga is able to obtain the necessary service personnel for this work. The Department of Public Works, Parks & Streets has determined that there are no other vendors that have the experienced service technicians for this work. SJS/MJM/DJP Recommended: /OW Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissionej . i6 Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Permission to Waive Formal Bidding Procedures for Single Source Purchase — Computer Drives and PLC on the West Ferry Street Lift Bridge (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 June 28, 2016, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Department of Public Works, Parks and waive the formal bidding procedure and enter into an agreement for the single source purchase of the Variable Frequency Drives and the Programmable Logic Control and related control equipment on the West Ferry Street Lift Bridge with Rexel Electrical of Cheektowaga. PASSED AYES — 8 NOES -0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOotlookUSMLCIHS\Single Source Purchase -W Ferry lift bddge.docx `6 FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON,..... WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE*'NO * * * * *__'- * * * * * * * #,1 (Rev: 1/93) Q ) 1 @i vl f d SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 6/22/16 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Report of Bids [: Buffalo Museum of Science [: Masonry Restoration Improvements [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: I requested on June 7th, 2016 and received the following formal bids for the Buffalo Museum of Science Masonry Restoration Improvements project on June 21st, 2016. Contractor Base Bid Alt #1 Morris Masonry Restoration, LLC. $122,500 $21,575 Highland Masonry & Restoration, Inc. $198,000 $9,900 *FSR Contracting, Inc. $103,690 $108,725 Horizon Masonry Restoration, Inc. $198,000 $24,500 *Deemed non-responsive I hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry Restoration, LLC, with a Base Bid of $122,500 + Alt #1 of $21,575 + 10% contingency of $14,407.50 for a total amount of One Hundred Fifty Eight Thousand Four Hundred Eighty Two Dollars & 50/100 ($158,482.50), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account # 33233466-445100. 'SL3' SJS/RTS/BS/JLJ/dmr RECOMMENDED 1 �. TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public�Worr arks,and Streets SIGNATURE OF DEPARTMENT HEAD: Rishawn T. Sonubi, Deputy Commissioner of Buildings STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant:to,.New York. State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo to have established apprenticeship agreementsappropriate for the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" 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. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities to workers,and details of diversification recruiting programs directed at attracting: candidates to fill positions to meet such requirements. Any bid received without this statement may be deemed non-responsiveand rejected. 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, county, and state laws, rules, and regulations governing the termination of such contractual agreements. Morris Masonry Restoration LLC (Company Name) will comply with the Laws and Ordinances for the City of Buffalo, including the Apprenticeship Training Program Ord" By „%;Jeffrey Morri , President Report of Bids — Buffalo Museum of Science Masonry Restoration Improvements (Masten) (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 June 22, 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 Buffalo Museum of Science Masonry Restoration Improvements project, with Morris Masonry Restoration, LLC, with a total amount of $158,482.50 (Base Bid of $122,500.00 + Alt. #1 of $21,575.00 + a 10% contingency of $14,407.50 for a total amount of $158,482.50). Funding for this project is available in Account #33233466-445100. PASSED AYES — 8 NOES - 0 C:\Users\cle ncr\AppData\Loca1\Microsoft\Windows\Temporary Internet Files\ContentOutlookU5MLCIH5\Report of Bids-Sci Moseum.docx FEROLET° FONTANA FRANCZ GOLO PRIDGEI� 'RIV FRA- SCON WANG° • WYA.TT • * - * * 4 • #1 (Rev. 1/93) 01.5''3 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 21, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Water SUBJECT: [Report of Bids [Manhattan Pump Station Improvements [Electrical Construction Contract PRIOR COUNCIL REFERENCE: None I hereby submit to your Honorable Body the following bids which were received on 05/11/2016 for the City of Buffalo Manhattan Pump Station Improvements Electrical Construction Contract. Contractor Total Bid Industrial Power & Light Co. $ 368,000.00 CIR Electric $ 389,100.00 Ferguson Electric $ 393.000.00 Frey Electric $ 468,000.00 I respectfully recommend that your Honorable Body authorize a contract award in the amount of $368,000.00 to Industrial Power & Light Co. The funds are available in a Division of Water account to be named at a later date. Please find attached a, copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. Recommended: Title: Michael J. Finn, P.E., City Engineer of Public Works, Parks & Streets DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: COPY 'STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE ciTy OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors arid 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 bohttabt, "that have been approved by the NYS Commissioner of Lab*. "0040(10'01 Contract" shell Mean any Porittabt Which involves constroption, reconstruction, improvement, rehabilitation, installation, !Iteration, renovation, derriolitiOri, or Otherwise providing for any building, facility, or physical structure of any kind with a Value in excess of $1 0,00, Aby bontrabtor or subbolltaotor entering Into a dottstruotioh contract with the City of Buffalo Shall have in place at the time of bid (or in any event no later than the time of award .of contract ) a NYS Department of Labor apprehtiCeiship training program, which Must be apprOpriate for the type and scope of work to be performed, and may be either internal or through an -organization servicing several contractors; or stibtoritractOrt Any cOntractor or Subtentractor entering a construction contract with the City of Buffalo shalt make every effort to employ apprentices who reside in the city of Bilffelo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shell; work toward meeting the Minimal wOrkfOroo diversification goals required by City Ori ina mariner teriSitterit With Said tiedinancee Aiibdders anon, vi.ith. their bid, tubtrilt a staterhent obniMittlrig to providing apprenticeship training -opportunities to workers : Any bid, received without this statement may be deemed nonresponsive and reiebtecl. ViolatiOn :of any provision of this ordinance may constitute cause, grounds, or other legal justification, far termination of any contractuai agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, and regulations governing the termination:of soon contra0Watagreettentt. City (Company Name) of Buffalo, including the Apprenticeship Training PrOgre By Abhard A. Lombard/President ATP -1 j2(44k4J1-(1,1?9, wateAspetA0,4.app(enticqpiOtraintns.cloc Report of Bids — Manhattan Pump Station Improvements — Electrical Construction Contract (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 June 21, 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 Manhattan Pump Station Improvements Electrical Construction Contract project, with Industrial Power & Light, Co., with a total bid of $368,000.00. The funds are available in a Division of Water account to be named at a later date. PASSED AYES — 8 NOES -• 0 C:\Users\clelmer\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOudookU5MLCIHS\Report of Bids-Mantattan pomp electrical.docx *AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * • * * * * * RIVERA * * * * * * SCANLON * * WINGO * * * * * * WYATT* * * * * * * * * [MAJ- 5] * * 0 * [2/3 -6] [3/4 - 7] #1 (Rev. 1/93) d 15 9 4 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 21, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Water SUBJECT: [Report of Bids [Manhattan Pump Station Improvements [General Construction Contract PRIOR COUNCIL REFERENCE: None I hereby submit to your Honorable Body the following bids which were received on 05/11/2016 for the City of Buffalo Manhattan Pump Station Improvements General Construction Contract. Contractor Total Bid Quackenbush Co., Inc. $ 1,059,500.00 STC Construction $ 1,103,000.00 J.W. Danforth Co. $ 1,199.000.00 Nichols, Long & Moore $ 1,266,700.00 I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,059,500.00 to Quackenbush Co., Inc. The funds are available in a Division of Water account to be named at a later date. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. Recommended: Title: Michael J. Finn, P.E., City Engineer of Public Works, Parks & Streets DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: COPY •STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and 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 have been approved by the NYS Coil Of Labor. "Construction contract' shall Mearrany contract which involves construttion, reconstruction, linproveMent, rehabilitation, instaliation, alteration, renovation, demolition; or otherwise providing for any bending, facility, or physical structure of any kind with a valve in mese of $100,000. Any contractor or sUbcontractor entering int() a construction contract with .the. City of Buffalo .shall have in place at the time of bid '(or in any event no later than the time of award of contract) a NYS Departmerit Of tabor apprenticeship training program, WhiC,h must be appropriate for the type and scope of work to be performed, and may be either internal or through art organization servicing several 'contractors- or subcontractors Any contractor or subcontractor entering :a construction contract with the City of Otiffalo than Make eVery effort to eniploy apprentiCes WhO reside in the City of Buffalo. Any 'contractor or subcontractor entering a construction contract with the, City of Buffalo Shall Work toward meeting the illinitner WorkfOrde diversifioatiOn goals required by City ordinances in a manner consistent with said ordinances Alt bidders shall, with their bid, submit a statement• committing to providing apprenticeship training opportunities to workers Any brd received without this statement may be deemed non-responsive and rejected. Viblattori Of any provision Of this ordinance may constitute datite„ gretinda, or other legal justification for termination of any contractual agreement with any contractor or SUbcontrador engaged in a construction contract or construction subcontract with the City of 1$0ffe10:i. accordance with the city, county, and state laws, rules, and regulations governing the term inationof such contractual agreements. atittrAcoinA41,t7 c. will comply with the Laws and Ordinances for the City (Company Narne) of Buffalb, including the Apprenticeship Training Program Ordinance. By 4-dt-, Ld ti 1/14,0 r:ke 4frwArf ATP - A2014k1411,0120bftctivateAspecs \434 app.renikeslilp training:doe Report of Bids — Manhattan Pump Station Improvements — General Construction Contract (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 June 21, 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 Manhattan Pump Station Improvements General Construction Contract project, with Quackenbush Co., Inc., with a total bid of $1,059,500.00. The funds are available in a Division of Water account to be named at a later date. PASSED AYES — 8 NOES - 0 C:\Users\clehnerWppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOudookU5MLCIH5\Report of Bids -Manhattan Pump general.docx �S FEROLETO FONTANA FRANCZYK GOLOMBEK PR1DGEN RIVERA SC WINGO * * WYATT * [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 30, 2016 01595 FROM: DEPARTMENT: Public Works. Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Autumnwood Community Center [: Public Facilities Improvements [: CDBG Project No.AW41-50203, IDIS No. 9126 [: Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) [: #825 of 4/12/16 TEXT: hereby submit to Your Honorable Body the following change for Autumnwood Community Center, Public Improvements, Miller Enterprises, Contract #H0000354. This change is for Environmental Mold Remediation Not to Exceed $30,020 The foregoing change results in a net increase in the contract Not to Exceed of Thirty Thousand Twenty Dollars and 00/100 ($30,020). Summary: Previous Amount Approved Amount of this Change Order Revised Contract Amount $ 80,520.00 $ 22,700.00 $103,220.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in DJ9B2037-470000 — Buildings. JL -i SJS/RTS/FG/jIj RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Par •f= reets SIGNATURE OF DEPARTMENT HEAD: Change in Contract — Autumnwood Community Center Public Facilities Improvements (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 June 30, 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 $22,700.00 (Previous Amount Approved $80,520.00 + Change Order #1 $22,700.00 for a Revised Contract Amount of $103,220.00) for the Autumnwood Community Center Public Facilities Improvements, with Miller Enterprises, C#H0000354. Funds for this work are available in Account #DJ9B2037-470000 — Buildings. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppData\Local1Microsott\Windows\Temporary Internet Files \ContentOudookU5MLCIH5\Change in Contract-Autumnwood CC.docx FEROLESO *. * GODLOMB pRIGFN* E.1( -RI V ERA - 4 * * . SCANW WING° ATT 0 # ‘k, #1 (Rev. 1/93) o1 5 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 6/30/16 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Report of Bids [: City Hall Improvements [: High Rise Elevator Modernization [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: I requested on June 21st, 2016 and received the following formal bids for the City Hall High Rise Elevator Modernization project on June 30th, 2016. Contractor Base Bid Alt #1 D C B Elevator Co., Inc. $618,100 $571,700 Bison Elevator Service, Inc. $631,985 $604,082 I hereby certify that the foregoing is a true and correct statement of all bids received and that D C B Elevator Co., Inc., with a Base Bid of $618,100 + Alt #1 for $571,700 + 10% contingency of $118,980 for a total amount of One Million Three Hundred Eight Thousand Seven Hundred Eighty Dollars & 00/100 ($1,308,780), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account #33233376-445100. JL. � SJS/RTS/PS/JLJ/dmr RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works • J . - ets SIGNATURE OF DEPARTMENT HEAD: STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM (Added in Incorporated Addendum #1 dated 6/2/2016) Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby. requires all contractors and 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 have been approved by the NYS Commissioner of Labor. "Construction contract" 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. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors 7. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities to workers, and details of diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. Any bid received without this statement may be deemed non-responsive and rejected. 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, county, and state laws, rules, and regulations governing the termination of such contractual agreements. V� .IF'gaY On „! f 7('' will comply with the Laws and Ordinances for the City (Company Name) of Buffalo, including the Apprenticeship Training Progra By Ic�(el 0.13yro mance Report of Bids — City Hall Improvements — High Rise Elevator Modernization (E11)(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 June 30, 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 City Hall High Rise Elevator Modernization project, with D C B Elevator Co., Inc., with a total bid of $1,308,780.00 (Base Bid of $618,000.00 + Alt. #1 of #571,700.00 + 10% contingency of $118,980.00 for a total amount of $1,307,780.00). The funds for this project are • available in Account #33233376- 445100. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.OadookU5MLCIH5\Report of Bids -CH high rise elevators.docx 9-p *AYE* NO * FEROLETO * * * * FONTANA * * * * FRANCZYK * GOLOMBEK * * * PRIDGEN * * * RIVERA * * * SCANLON * WINGO * * * WYATT * [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * * * * 0 * p * * * 1k� #1 (Rev. 1/93) 01597 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: June 29, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: E. Clinton Library [: HVAC & Roof Replacement [: Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) I requested on June 8, 2016 and received the following formal bids on June 29, 2016 for the HVAC and Roof Replacement Project at the E. Clinton Library. Contractor Base Bid D.V. Brown & Associates, Inc. $135,500 MLP Plumbing & Mechanical, Inc. $150,800 Leo J. Roth Corporation $154,900 I hereby certify that the foregoing is a true and correct statement of all bids received and that D.V. Brown & Associates, Inc. with a Base Bid of $135,500, plus a 10% contingency of $13,550 for a total amount of One Hundred Forty Nine Thousand Fifty Dollars & 00/100 ($149,050), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in accounts #38322996 — 445100 and #38329206 — 445100. SJS/RTS/SAG/JLJ/dmr RECOMMENDED TYPE DEPARTMENT HEAD NAME: Rishawn T. Sonubi, Deputy Commissioner of Buildings Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, P andSrsets'� SIGNATURE OF DEPARTMENT HEAD: STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and 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 have been approved by the NYS Commissioner of Labor. "Construction contract" 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. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities to workers, and details of diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. Any bid received without this statement may be deemed non-responsive and rejected. 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, county, and state laws, rules, and regulations governing the termination of such contractual agreements. D.V. Brown & Associates, Inc. will comply with the Laws and Ordinances for the City (Company Name) of Buffalo, including the Apprenticeship Training Program Ordinance. By Omar J. Abdallah, Vice President • Report of Bids — E. Clinton Library HVAC and Roof Replacement (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 June 29, 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 HVAC and Roof Replacement Project at the E. Clinton Library, with D. V. Brown & Associates, Inc., with a total bid of $149,050.00 (Base Bid of $135,500.00 + 10% contingency of $13,550.00 for a total amount of $149,050.00). The funds for this project are available in Accounts #38322996 — 445100 and 38329206 — 445100. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppDara\Local\Microsoft\Windows\Temporary Internet Files \ContentOudookUSMLCIHS\Report of Bids -E Clinton Library.docx g-4 * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * WINGO * ** • * * * WYATT * * * * * * * * * _ s _ _ [ MAJ - 5 ] * * 0 * [2/3 - 6] * * * [3/4 - 7] #4 (Rev 7-07) 01598 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: / a a/10 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation I 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 Garrett Buchnowski LAST DEPARTMENT DPW DATE 6/16 ADDRESS 777 Amherst St. LAST SALARY $37,447 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -5159 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 15030001 TITLE CODE NO 5020 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-250 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: 6/21/16 SIGNATURE OF APPOINTING AUTHORITY: c ORIGINAL + 2 CO TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) ( 1 5og Certificate of Appointment VI(27 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 ),')-1 ( in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation I 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 Carmen Pace LAST DEPARTMENT DPW DATE 6/16 ADDRESS 236 Euclid Ave. LAST SALARY $37,447 CITY & ZIP Kenmore 14217 LAST 4 DIGITS OF SSN. XXX -XX -1504 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 2015-252 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: 6/21/16 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) #4 (Rev 7-07) 01 OO Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of v2-1( Public Works, Parks & Streets Streets Supervisor Street Sanitation I Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY OPEN -COMPETITIVE (Insert one) INTERMEDIATE $ 39,010 (Step 3) Equipment Operator NAME DPW DATE 6/16 ADDRESS $38,615 CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -4445 BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE NAME ADDRESS CITY & ZIP 15030001 411001 PROJ.ID $24,828 - $41,380 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6121116 Michael Martin 375 Westgate Kenmore 14217 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 5020 2015-251 YEAR ORIGINAL + 2 COPS TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) FROM THE COMMISSIONER OF POLICE July 5, 2016 #3 (Rev 08-15) 0160 Certificate of Appointment In compilance with provision of Section 24.2 of the Charter and Chapter 36.1 of the Ordinances 01 the City of Buffalo, I transmit this certlficatton of appoh tment(a) or promotion(s). I iurther certify that the persons) named In Schedule `A have been codified or approved by the Human Resources /CMI Service Administration for the following: Appointment Effective: -JUAe-274.0* ULe/ 2.$ ) L.Q In the Department of: Police , • Division of: Commissioner's Office to the position ot: Police Captaln (Insert One): Temporary (Insert One): Promotion (Insert One) at the: Flat Starting Salary: $ 92,271 Schedule "A" LAST JOB TITLE Perm, Lieutenant NAME Dawn Kent LAST DEPARTMENT Police DATE 7/20105 ADDRESS ,40 Fernott LAST SALARY $81,343 CITY & ZIP Lancaster, NY 14086 LAST 4 DIGITS OF SSN#: 8961 LAST JOB TITLE Perm. Lleutenant LAST DEPARTMENT Police LAST SALARY $81,343 LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE 9/23104 LAST 4 DIGITS.OF SSN#: 5632 DATE LAST 4 DIGITS OF SSN#: LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE LAST 4 DIGITS OF SSN#: NAME Steven J. Nichols ADDRESS 108 Moreland Street CITY & ZIP Buffalo, NY 14206 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP LAST JOB TITLE NAME LASTDEPARTMENT DATE ADDRESS LAST SALARY $ CIN & ZIP LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE: 17005001411001 TITLE CODE NO.: Q BUDGET ACCT. OBJ : 12005001411001 PROJ. ID. PERSONNEL REQ. NO.: 15.0,(„ SALARY RANGE OF POSITION: $92,271.00 • $92,271.00 PER: YEARLY REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Dante).Derenda • TITLE OF APPOINTING AUTHORITY: Commissioner ot POIloe DATE: Jun 22016 _ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL. +3 COPIES TO: CITY CLERICS OFFICE (ONUBEFORE APPOINTMENT DATE) OTHER COPIES TD: 1 COPY TO: COMPTROLLER; 1 COPYTO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION: 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE; 1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) .•TVJ tI l6V VV^ IJJ (,.. 4� dL/t G(.,�./ �.•-S,J "L.J L (✓' ' //L. •,�{— Certificate of Appointment M compliance with provisions of Section 24-2 of the .Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named In Schedule "A" have been certified or approved by the Human Resources / CMI Service Administration for the following: • Appointment Effective: June 20, 2016 in the Department of: Police Division of: Fleet Maintenance to the position of: Motor Equipment Mechanic (Insert One): Provisional (Insert One): Appointment (Insert One) at the: Third Step (of 7 Step) Starting Salary: $,243Th00 0? 4 9a .0- 6' Schedule. "A" LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: DATE NAME Darneile Colston ADDRESS 151 Hamlin Road CITY & ZIP Buffalo, NY 14208 NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN#: NAME ADDRESS CITY & ZIP DATE LAST 4 DIGITS OF SSN#: • NAME ADDRESS CITY & ZIP LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY $ CITY & ZIP LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE: 12022001411001 TITLE CODE NO.: 6160 ray BUDGET ACCT, OBJ : 1 2024001 411 001 PROJ. ID. PERSONNEL REQ. NO.:: 15'Sf/( • SALARY RANGE OF POSITION: $ .00- $39 .535.00 REASON FOR APPT. ABOVE THE'IRI V Ub1: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING AUTHORITY: Commissioner of Police DATE: Jun -i4.2016 ---'T- --- r/.- SIGNATURE -- / SIGNATURE OF APPOINTING AUTHORITY: PER: YEARLY ORIGINAL +3 COPIES TO: CITY CLERKS OFFICE (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO: COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) FROM THE CORPORATION COUNSEL July 5, 2016 01603 AMENDED CLAIMS COMMITTEE AGENDA July 13, 2016 Council Chambers Hon. Joel P. Feroleto, Chairman Personal Iniury A. 1. Cornell, Jasmine $ 3,000.00 A. 2. McLaughlin, James $ 165,000.00 A. 3. Oviedo, Abel $ 42,000.00 A. 4. Tripi, Anthony $ 2,500.00 A. 5. Williams, Carl $ 6,250.00 A. 6. Wilson, Lori $ 70,000.00 Property Damage B. 1. Coyle, John J. $ 1,500.00 B. 2. Hayden, Brian $ 250.00 B. 3. Makula, Dorothy and Stephan $ 791.70 B. 4. Travelers Home and Marine Insurance Company $ 21,745.20 Prior Fiscal Year Invoices C. 1. ACR of WNY $ 744.00 C. 2. Bison Elevator $ 6,613.35 C. 3. Buffalo Civic Auto Ramps, Inc. $ 41,484.48 C. 4. Buffalo Small Animal Hospital $ 5,250.00 C 5. Colgate Industries $ 252,751.21 C. 6. Connors & Vilardo, LLP $ 7,341.30 C. 7. Deborah Delelys $ 200.00 C. 8. D.V. Brown & Associates $ 4,504.82 C. 9. Douglas J. Bantle $ 805.68 C. 10. Erie County Title Services $ 74,560.00 C. 11. Esquire Solutions $ 1,248.92 C. 12. EZTAG/GTECHNA $ 30,354.01 C. 13. HealthPort $ 23.03 C. 14. International Institute of Buffalo $ 100.00 C. 15. Jack W. Hunt & Associates $ 1,268.80 C. 16. Krista Gottlieb, Esq. $ 910.00 C. 17. Kurk Fuel Company $ 406.30 C. 18. Michael Menard, Esq. $ 150.00 C. 19. Precision Abstract C. 20. Riccelli Enterprises C. 21. Riverside Towing C. 22. Safety Kleen Systems, Inc. C. 23. Search Works Title C. 24. Simplex Grinnell C. 25. Streamhoster C. 26. Law Offices of Thomas H. Burton C. 27. UB Neurosurgery C. 28. U & S Services Inc. C. 29. Verizon Wireless C. 30. Watts Architecture & Engineering Miscellaneous $ 35,700.00 $ 27,500.00 $ 8,575.00 $ 3,693.00 $ 17,580.00 $ 3,846.35 $ 1,200.00 $ 820.00 $ 197.94 $ 1,080.00 $ 120.02 $ 2,163.75 D. 1. Dig Safely NY $ 7,910.00 D. 2. Large Kar Leasing, LLC $ 15,891.60 D. 3. Luciano, Nelson $ 1,300.00 D. 4. Say Yes to Education $ 164,975.00 E. 1. Byrd, Demetrius E. 2. Heitzhaus, Paul E. 3. Senger, Martin For Discussion REFERRED TO THE. COMMITTEE ON CLANS. $ 188.75 $ 750.00 $ 364.47 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES July 5, 2016 01604 To: The Common Council: Date: June 10, 2016 From: Department Permit & Inspection Services Division: Office of Licenses j Tvae in Upper and { Lower Case Only Subject: [: Food Store (New) (RESUBMITTED) [: 468 NIAGARA [: FST16-10027534 [: ELLICOTT Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. x)dxxlxx): 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 468 NIAGARA (SANGO CLAVER/SUNSHINE MARKET) 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIONER itq Signature of Department Head: JC:PS:jd Interdepartmental Memo Date: June 29, 2016 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 468 NIAGARA Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Application lit Applicant Notifcation Building Inspection Collection Office Fire Prevention Police Department Zoning Office Director Permit & Inspection Services Lj f•-• g1�' ktOp1401 ;foq .„.400.#41A 10S*. EJ 91 4Q ea..A.2$oo • .:455V -k00: • .• • $47 25 1:1. 00,4 -144S1.11*.!10,V0k0.#101, $52 50 leS 100)##0011),(0(454F..f 1.0{40,0./A40,440.msggoc),, ...46 NIAGARA ST, 113 FAI 0 NY i 4201 SANOO (LAVLR .13.1).Fmt. 0, .1.y .14212 (().1400-. • " • iibitA'.1).fidile- home.Addiess:;•;05,0timwoqqeptfOo"Dat fb1t1; • • • • . • Ne Bbt ...„ ....• Dokii60.10.1.1r,p0141))10.44.q.4§04ift.3.!.iivAgti4it.„ . f...TE,c.)/g4.Ty.,„yQop sTpjtE, . I'nts 46.00!:15\tiCI ethp1eye • enIoyees;-$105,;(10. flpIDyc $5 00 p1oyeb 1S 00 ).•1:ti,iii0.'Pc•Pli0110( ,B,u6inessfTi, )- Hom6Phone (716)536-1092. 449-1 44:11.9.ty40,f1.0 9 .ciffa1y oinge4. qU 1tMi.tiofl)and *0.t Pth011411.94ial of oftesttictious: ..anc.onditioug::tosthe(liden$e r tiney abatemetit,6f•atiy litirsailte,ziefiiiityitcirti.atdidAtta'Viltitihe.tilisitie$g• ;-11. lea. • * # 1V - thithOffidet•ii0iit 6itifyid entifi6d: ab ove Tcortifkihe' liOtkif#00•0, • , t...)),;W:f60,0tt QrmatI ot thisfain is ti.6:•:bOrted domp16te;ttod Qutrent to llie beat SANQO C1.,AyER_ , Voliitikr5.81tinqr- Ap,..1);.11:6;. • . . . i9):4.t.0`• Y8s!ti041 . . _ . • smoto 8400: ID: CLAVER SANG() 86,FQX ST SUFFALQ NY 14212 DOB: SEX M EYES: Imt lir. 5.05 NONE 3 NONE CLASS. U 0 N APPLICANT NOTIFICATION 11) ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed bv Council Personnel for the applicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. THIS IS NOT AN APPROVAL NOR DOES THIS DOCUMENT INFER THAT SAID APPROVALS WILL BE GRANTED. License Application Address DELAWARE DISTRICT — Joel P. Feroleto 1405 City Hall ELLICOTT DISTRICT - Darius G. Pridgen 1315 City Hall F1LLMORE DISTRICT - David A. Franczyk 1408 City Hall LOVEJOY DISTRICT - Richard A. Fontana 1316-A City Hall MASTEN DISTRICT - Ulysees 0. Wingo, Sr. 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 Buffalo, NY IAA Council Perso nel CITY OF BUFFALO Department of Permit & Inspection Services. Office of Licenses INSPECTION TYPE: REFERRED TO: APPLICATION FOR: 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716) 851-4078 POLICE MARGARET OVER DOW: SUNSIIINE MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 468 NIAGARA LOCATED AT: COUNCIL DISTRICT: Ellicott District APPLICANT NAME: SANGO CLAVER APPLICANT PHONE: (716)536-1092 APPLICATION NO: Hill 6-10027534 REFERRAL DATE: 04/1912016 REMARKS: DISAPPROVAL REASON: APPROVED: DAT E DISAPPROVED: DATE: REMARKS: MIRKA-CARTAIN: APPROVED: DATE 66 {‘Ate4 apt (0 DISAPPROVED: DATE: (TO BE COMPLETED IFF AGEN(Y/DE pARTNIENT R EFERRED TO) ***REASON FOR DISAPPROVAL MUST BE STATED BELOW *** RENIAR KS: COMMISSIONER OF POLICE: 0 AFTER INSPECTION PLEASE CON LE 'E AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. April 19, 2016 -3 CITY OF BUFFALO Department of Permit & Inspection Services, Office of Licenses 65 Niagara Sy Rim 301 Buffalo, NY 14202 (716) 851-4078 INSPECTION TYPE: BUILDING REFERRED TO: VINCE EERRARACCIO APPLICATION FOR: SUNSHINE, MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 468 NIAGARA LOCATED AT: COUNCIL DISTRICT: Ellicott District APPLICANT NAME: SANGO CLAVER APPLICANT PHONE: (716)536-1092 APPLICATION NO: FST16.100275.34 REFERRAI. DATE: 04/19/2016 REMARKS: DISAPPROVAL REASON: DISAPPROVED: OD BE COMPLETED !WAGE:WV/DEPART mENT REFERRED TO) DATE: /9 1•6 DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ***REASON FOR DISAPPROVAL MUST RE STATED BELOW*** RM# April 19, 2016 • EXT CZ141.7 AFTER INSPECTION PLEASE COMPLETE ANI) RETURN IRIS REFERRAI, TO THE OFFICE OF LICENSES. THANK YOU. -1 4-1 (Rev: 1/93) Single Page Communication to the Common Council 01605 To: The Common Council: Date: June 17, 2016 From: Denartment of Economic Develonment, Permit & Insnection Services Division: Office of Licenses 1 Tvpe in Upper and 1 1 Lower Case Only I Subject: [: Used Car Dealer [: 2687 BAILEY (UNIVERSITY) [: UCD16-10028052 [: Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xxlxx): Text (Type Single Space Below): [: Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2687 BAILEY and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of TENESHA PINKNEY. The attached thereto for TENESHA PINKNEY /dba/ WE DO AUTOMOTIVE INC. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFO Type Title: COMMISSIONE Signature of Department Head: JC:PS:jad nterdepartmental Memo Date: June 17, 2016 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 2687 BAILEY Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer application to the Common Council: • Application Application Notification ❑ Building Inspection ❑ Fire Department ❑ Police Department Police Record Check Director Permit & Inspection Services CITY OF BUFFALO 65, Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851-4078 Fax •(716) 851-4452 ` , c All information on this form is public record 0 BUSINESS LICENSE APPLICATION fee SlUsed Car Dealer $262.50 COMMON COUNCIL REQUIRED 0 Second Hand Dealer $118.00 COMMON COUNCIL REQUIRED ❑ Scrap Processor $ 78.75 COMMON COUNCIL REQUIRED ❑Wholesale Junk Dealer $262.50 • COMMON COUNCIL REQUIRED fee ❑ Tire Handler I $118.00 10 -1000 tires Tire Handler II $262.50 Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at Least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 Tire Storage Information Inside Storage yes - no Outside Storage yes _ no ❑ Flee Market fee 1-10 tables $ 78.75 11-25 tables • $155.00 +26 tables $210.00 COMMON COUNCIL REQUIRED Corporation Name Ltie L o A 0-I-cD(Y10-1'1 Vp. t n r. Business Phone (7/14)2 )0 - Li 8C1 Business Name (dba)`` Business Fax ( ) d( 1 Business Address (no Po Box) &Cact'1 {�? RL) & t p () Y NW Mailing Address (if different) pp NYS Tax ID # ?( way. clu•homGk,U� ! $ l l 3 Business Website E -Mail To r ao .rim Owner(s)/ Principal Partners Applicant (last, first) 7, O kn –re rieSI-1q Home Phone '7 I to • ECj3 ,Q@gI( Hone Address: cceptable) 1 (n (11 QcAlvara- S4r . t- +13 i CC 00 f)(( 1 ya\ 5 Date of birth � Place of Birth Vek-0 ; or< Co -Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. R of a ( 1Bc (1 S Sae r ions Subscribed and sv<{orn to bef r me this tp 4 y Af Commissioner of Deeds in and for the City of Buffalo, New York I am aware of the obligation to provide timely notice of any change in required _information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name genes /A ?r, kne� Signature Ae n-.--- Date 6 L... 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 a (0 �l'� 10 1 1 e 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 Buffalo, NY. kOfs‘-C 7 . r Council Persel NYS Department of Motor Vehicles INTERIM ID CARD a� '. ctD Restrictions NON —DRIV "idutsemYnts NONE $Mitts ter3minates en 11/12/20 ? Probation Date NONE . iisidgeument expires on 0 P-10'571'26 PTNKNEY •,/ :::'TENESHAy L 16 MANHAR'I BUFFALO ' NY4215 sex.` F Bir Addition d 4' Signy Here ---yr"'�--- Keep this document until you receive your P o Document MV -14/15) PART 2 11-147C (REV. 3/96) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM BUFFALO, NY POLICE DEPT, NO RECORD BUFFALO POLICE DEPARTMENT BUFFAL020.JUN -6 . t 1O St 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 'ems; rak N11I v e q MAIDEN NAME: SEX: F 1- RACE: 1 "t Q�Nl( CURRENT ADDRESS: 1 (0 +\ 41 1 I DATE OF FIRTH: - j . _ , •-- SOCIAL SECURITY NUMBER: At k ohc� 1-16e sc.r. • v 4 v r . . REASON FOR REQUEST: STATE OF NEW YORK ) • COUNTY OF ERIE ) SS. CITY'OF BU 1? LO / ) SIGNATURE OF APPLICANT: `',- DATE: ( W 1 I c 20 1(9 Before me personally appeared To me known to be the same person described in, and who ed -the foregoing instrument and ackn ledged the executions the �.f. BUFFALO, NY POLICE DEPT. NO RECORD Cin Notary Public/Commissioner of *********************TO BE COMPLETED BY wIiv ILr1CATION SECTION PERSONNEL *********************** RECORD ATTACHED VERIFIED BY: DATE VERIFIED : 11 NO RECORD ON FILE NOTE: USE OF MS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED., BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 06/06/201610:25:0. NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: PINKNEY, TENESHA h DATE OF BIRTH - RAGE: SEX: ADDRESS: , SOCIAL SECURITY #: PCN: NYSID: WARRANT/WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON. INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. NO RECORD BUFFALO POLICE DEPARTMENT . .BU�ALO, NY POLICE DEPT. C2a NO RECORD �,. .6g4 i NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHB.II'ED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 Use Car Dealer — 2687 Bailey (Univ)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, June 17, 2016, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Tenesha Pinkney d/b/a We Do Automotive Inc., located at 2687 Bailey, upon the following conditions: • Only 20 Cars • Maintain Ground and exterior • Do not put any snow on Easton Ave • No spare tires stored on property • No cars on street or outside of Lot • No cars outside of the gate • Operation hours: 9 am - 5 pm • Repairs done only in conjunction with car inspections PASSED/ OA i'fb AYES 8, NOES 0 CAUsersUmcinskiWppData\Locai Microsoft\Windows \Temporary Internet Files \Content.Oatlook\OX32QV W6\Use Car Dealer -2687 Bailey.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WING() WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * * * 0 #3 (Rev 1-02) 01.606 Certificate of Appointment c�• 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: June 27, 2016 in the Department of Permit & Inspections Division of Inspections to the Position of Building Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non -Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Fiat (Insert one) THIRD STEP (,Enter Starting Salary) : Starting Salary of: $36,080 LAST JOB TITLE NAME Luis Soto, II LAST DEPARTMENT DATE ADDRESS 134 Camden Ave. LAST SALARY CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -3138 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-272 SALARY RANGE OF POSITION $33,304- $55,508 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: June 23, 2016 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS July 5, 2016 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 6(29/16 FROM: DEPARTMENT: Administration, Finance, Policy and Urban Affairs, Treasury Division SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) [:Dispose of Equipment G G The Division Of Treasury is requesting to dispose of the listed below equipment by means of auction or scrap/salvage. All this equipment is beyond its useful life. Pitney Bowes Envelope Slicer Serial # 5372 COB Tag # 21906 Mach 9 Coin Counter Model # 6600 COB Tag # 50399 Power Shred 910 Paper Shr- • • - Serial # 9100747 SIGNAT DEPARTMENT HEAD TITLE : Michael A. Seaman, Director of Treasury & Collections /13`4 Dispose of Equipment (Treasury) Mr. Rivera moved: That the above item be, and the above communication from the Director of Treasury & Collections, dated June 29, 2016, be received and filed; and That the Common Council hereby authorizes the Director of Treasury & Collections to dispose of the following equipment by means of auction or scrap/salvage, as this equipment is beyond its useful life: • Pitney Bowes Envelope Slice, Serial #5372, COB Tag #21906 • Match 9 Coin Counter, Model #6600, COB Tag #50399 • Power Shred 910 Paper Shredder, Serial #9100747. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OutlookU5MLCIH5\Permission to dispose of equipment.docx 1 3l " FEROLETO F(]N11un/* FRANCZYK GOLOMBEK P RID GEN RIVERA SCANLON .^_._ O * * AYE* �/]�*� �� (� ~ * * * * * * * 0 * • *� * * FROM THE COMMISSIONER OF PARKING July 5, 2016 #4 (Rev 7-07) 01608 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: June 20, 2016 in the Department of Parking Division of Board of Parking to the Position of Special Assistant to the Commissioner Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EYe Open -Competitive, Promotional, Non -Competitive, (Insert one) OPEN -COMPETITIVE OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 40,373 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -3447 DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME Davis Hough ADDRESS 191 Bird Ave Apt 5 CITY & ZIP Buffalo NY 14213 NAM E ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 5100079 TITLE CODE NO 036P BUDGET ACCT. OBJ. 4110011 PROJ. ID PERSONNEL REQ. NO 2015-274 SALARY RANGE OF POSITION $40,373 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: . NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING. AUTHORITY: Commissioner of Parking DATE: June 13, 2016 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). rbc -a FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING July 5, 2016 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 24, 2016 FROM : DEPARTMENT: Community Services & Recreational Programming PRIOR COUNCIL REFERENCE: None SUBJECT: City's Department of Community Services & Recreational Programming's Proposed Agreement with Say Yes to Education, Inc. for the match payment for Say Yes Family Support Specialist within the Buffalo Public Schools to Assist and Benefit Children of the City of Buffalo to avail themselves of College scholarship opportunities. The City of Buffalo Department of Community Services & Recreational Programming (the "Department") is positioned to engage Say Yes To Education, Inc. ("Say Yes") to provide the match payment for Say Yes Family Support Specialist within the Buffalo Public Schools which will assist children in the City of Buffalo avail themselves of College scholarship opportunities with and at SUNY, CUNY and Community colleges and other eligible colleges. Accordingly, the Department requests your Honorable Body to: 1. Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance similar to the agreement attached hereto and expend up to $200,000 to achieve these objectives, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement, and 3. Direct the. Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. S I G NATU RE: 0677zvtli DEPARTMENT HEAD NAME: Otis T. Barker, Sr. TITLE: Deputy Commissioner REF R ED TO THE COMMITTEE ON FINANCE, N�� FROM THE COMMISSIONER OF HUMAN RESOURCES July 5, 2016 016f0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 24, 2016 FROM: DEPARTMENT: Human Resources SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Be Well [:Case Management For Injured on Duty [:Police and Fire [:New Contract July 1, 2016 to June 30, 2017 # 1128 May 9, 2016 Council Member Fontana submitted resolution to discharge item # 15-956 CCP May 1.2,2015 From Finance Committee SIGNATURE DEPARTMENT HEAD TITLE : Gladys Herndon -Hill, Commissioner of Human Resource New Contract between Be Well and the City of Buffalo for one year and cost reduced by $7,000 0. EMPLOYEE HEALTH AND WELLNESS MEDICAL CONSULTANT AND CASE MANAGEMENT CONTRACT This Contract made effective as of the 1St day of July 2016 by and between the City of Buffalo, through its Human Resource Department, a municipal corporation organized under the laws of the State of New York with its principal office located at 65 Niagara Square, Buffalo, New York 14202 (hereinafter the "City"), and Be Well Healthcare Medicine, PLLC D/B/A Great Lakes Physicians Services (hereinafter `Be Well") with offices located at 462 Grider Street, Buffalo, New York 14215. WITNESSETH: WHEREAS, on October .1, 2014, the City issued a. Request for Proposals ("RFP") seeking submissions from all interested parties to provide services as an employee health and wellness medical consultant for the Human Resources Department, Buffalo Police Department and the Buffalo Fire Department, a copy of which is attached hereto and incorporated herein as "Exhibit A". and WHEREAS, on November 6, 2014 Be Well submitted a proposal to the City to perform the aforesaid services, and the proposal has been found generally acceptable by the City and is incorporated herein and made a part hereof as "Exhibit B"; and WHEREAS, David P. Hughes, M.D., who is currently the manager of Be Well Healthcare Medicine, PLLC will continue to manage this practice and perform the required services; and WHEREAS, the City requires the services of Be Well to provide services as an employee health and wellness medical consultant for the Human Resources Department, Buffalo Police Department and the Buffalo Fire Department; and WHEREAS, it is in the best interest of the City to engage the services of Be Well as an employee health and wellness medical consultant. NOW, THEREFORE, in consideration of the mutual agreements set forth below the parties hereby agree as follows: 1. DESCRIPTION OF SERVICES AND COMPENSATION Be Well agrees to perform the services herein described in a manner consistent with that level of care and skill ordinarily exercised by other medical professionals and in accordance with the general directions given by the City of Buffalo Department of Human Resources, and Departments of Police and Fire or their designees and Be Well shall perform the services required herein in a timely manner. The City and its Police and Fire Departments shall provide Be Well access to all information, records, and personnel required by Be Well to perform its services under this contract. 1.1 CONSULTATIONS (A) The City agrees to compensate 'Be Well for the CONSULTING SERVICES described below by payment in the amount of $220,000.00 flat fee per City fiscal year after all approvals. This amount shall be payable in twelve monthly installments of $18,333.33 pro rated upon the contract becoming effective. Said monthly payments shall be made by the fifteenth day of the month prior to the month in which the services will be performed. Be Well will provide consultative services to the City and will have direct involvement in the following: (B) Injured on Duty ("IOD") process development and implementation including: a. Review of initial reports. c. Provide timely access to medical providers. d. Consult on collective bargaining aspects of IOD issues. 2. Weekly IOD meetings with Cityrepresentatives to review new/old cases: a. Recommendations regarding light duty assignments. b. Recommendations for filing Retirement and Social Security Law 363-c applications. c. Guidance for recommending Independent Medical Examinations (IME) or surveillance. d. Approval recommendations for General Municipal Law 207a or 207c applications. 3. Direct communication between Be Well and the City's Third Party Administrator ("TPA"): a. Involvement in approval of applications; including but not limited to applications pursuant to General Municipal Law Sections 207-a, 207-c, or applications to commence the retirement process. b. Involvement in long-term case management. c. Recommendations for IME. 4. Wellness program development as a means to change culture: a. Involvement in program initiation. b. Recommendations for grant applications for Injured on Duty Programs. c. Program recommendations for ongoing initiatives within the City based on Wellness programs at private companies and other municipalities. 5. Substance abuse policy development: a. Involvement in collective bargaining process to institute policy. b. Random testing policy. c Post -accident policy. 6. Coordination of IME's: a. Make recommendations regarding need and timing of IME. b. Review of all IME reports. c. IME referrals. 2 7. Provide access to medical records in compliance with HIPAA. 8. Maintain centralized database and/or have access to TPA's RMLink software. 9. Evaluate trends for injury prevention: a. In conjunction with TPA review injury trends. b. Assist in development of safety and prevention programs. 10. Light duty program: a. Evaluate current light duty program. b. Recommend expansion or contraction of program. c, Review individual cases for length in program and permanency. 10. Quarterly stewardship reports in conjunction with Third Party Administrator. 11. Be Well will establish long-term strategic objectives in dealingwith the safety and welfare of City employees. Be Well will also be involved in long-term strategic planning as it relates to each of the union collective bargaining contracts. (C) Services to Be Provided On a Fee for Service Basis In addition to the consultation services and fees described above, Be Well will provide additional services under this category on a fee for service basis as follows: 1. Fitness for duty evaluations by medical providers to assess capabilities of injured or ill employees: a. Review all requests for accommodations b. Make recommendations regarding accommodations 2. Individualized service to the City: a.. Provide direct consultative service to thedepartment of Human Resources, and the departments of Police and Fire. b. Maintain dedicated Physician Assistants, Nurse Practitioners, Office Technicians and Administrative Staff. c. Off-site professional medical services (MD, PA, NP) available: 3. Emergency treatment provided 24/7 to City employees at ECMC: a. All employees registered as IOD (General Municipal Law 207a or 207c) will have records faxed to the Fire/Police departments within three business days. b. Recommend ECMC specialists in dealing with IOD cases. c. Level I Trauma services, including Burn Unit and Hyperbaric Medicine. 4. Provide testimony at formal and informal hearings, including testimony in court proceedings, when such services are requested. 3 a�� The City agrees to compensate Be Well for the services provided on a FEE FOR SERVICE basis described above as follows: FEE FOR SERVICE SCHEDULE: Fit for Duty Return to Work Sick Visit Drug Testing Individual office evaluations $ 50.00/visit $ 50.00/visit $ 50.00/visit $ 35.00/visit $50.00/visit PROFESSIONAL SERVICES FEE SCHEDULE (off-site only): PA/NP Off -Site Services MD Off -Site Services Physician Testimony $ 90.00/hr. (minimum 4 -hour blocks) $250.00/hr. (minimum 4 -hour blocks) $500.00/half day $1,000.00/full day All invoices for these services shall be paid within thirty (30) days. 1.2 CASE MANAGEMENT (A) The City agrees to compensate Be Well for the CASE MANAGEMENT described below by payment in the amount of $100,000.00 flat fee per City fiscal year after all approvals. This amount shall be payable in twelve monthly installments of $8,333.33 pro rated upon contract becoming effective. Said monthly payments shall be made by the fifteenth day of the month prior to the month in which the services will be performed. (B) Be Well will provide the following services with regard to case management: a. Review of Emergency Department records following an , injury seen in the Emergency Department at ECMC, typically on the next business day. b. Forward work restrictions to the specific department. c. Conduct an initial examination of all officers who claim they were injured in the line of duty. The initial examination is to be conducted on the day the officer is injured, or within 2 days of the injury, so that the City can approve or deny the injury under GML 207-a or 207-c. d. All claimants are to be evaluated in person to assess temporary, partial or full disability with recommendations to Police/Fire Departments. e. Recommendations to Police/Fire Departments determining eligibility for return to work light duty assignments. f. Call the employee to .arrange follow up visit/examination within three (3) days of initial office examination if required. 4 If employee seeks care at a different facility and files for IOD status, the departments of Police and/or Fire will make every effort to contact the employee to have the employee arrange an appointment with Be Well in order to assess the employee's status. IOD status should not be granted until an evaluation is made by Be Well. h. Referrals to specialists and appointment facilitations if required, with record of appointments requested to be maintained by Be Well and sent to the individual as well. i. Coordinate continued care through periodic office visits and facilitation telephonically. j. Assess capabilities at each Be Well office visit and assist the City in evaluating alternative medical treatment options which may then be ordered for officers. k. Maintain or access TPA centralized database through RMLink to upload information to TPA. 1. Document the following information for each claim: Date of claim, claimants name and claim status. m. Communicate with the Commissioners of Police and Fire and/or their designee(s) and the IOD committee with regard to current status, ongoing care, and prognosis of IOD employee. n. Coordinate with the City of Buffalo's Director of Employee Relations, Buffalo Fire Department, and Buffalo Police Department on IOD employee rehabilitation, retraining, or reassignment of all employees with physical or performance limitations arising out of work related injuries and disability. o. Review long term IOD (1 year or more) cases periodically and communicate findings and recommendations with the City of Buffalo's Director of Employee Relations, Commissioner of Human Resources, and designee(s) from ,the departments of Police and Fire for IOD. Attend monthly, bi-weekly or adhoc meetings as necessary with the City of Buffalo Director of Employee Relations, Commissioner of Human Resources, designee(s) from the Buffalo Fire Department for IOD, designee(s) from the Buffalo Police Department for IOD, and injured employee as deemed necessary. Such meetings shall take place at a designated City office and the purpose of such meetings shall be to review IOD cases. P. q. Communicate with primary physicians and specialists with regard to work status and Maximum Medical Improvement (MMI) in addition to making assessments based on physical examination of employee and their medical records. r. Review high cost medical care for necessity and efficacy. 5 s. Assist in file preparation, for formal and informal hearings related to GML 207-a and/or GML 207-c. t. Assist in the medical aspects of filing for disability retirement. u. Input data for work done on each IOD claim into designated City of Buffalo Case Management software system, and identify staff that will be performing these tasks so they may be properly trained/instructed by TPA. 2. HIPAA COMPLIANCE The City and Be Well mutually agree to comply with the requirements of the implementing regulations at 45 Code of Federal Regulations ("C.F.R.") Parts 160-64 for the Administrative Simplification provisions of Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 1. General Provisions. (a) Inspection of Internal Practices. Books, and Records. Be Well will make its internal practices, books, and records relating to its use and disclosure of the City's Protected Health Information (collectively, "City's PHI") available to the City and to the United States Department of Health and Human Services ("DHHS") to determine the City's compliance with the Privacy Rule, 45 C.F.R. Part 164, Subpart E. (b) Definitions. The terms "covered entity," "electronic protected health information," "protected health information," "standard," "trading partner agreement," and "transaction" have the meanings set out in 45 C.F.R. § 160.103. The term "standard transaction" has the meaning set out in 45 C.F.R. § 162.103. The term "required by law" has the meaning set out in 45 C.F.R. § 164.103. The terms "health care operations," "payment," "research," and "treatment" have the meanings set out in 45 C.F.R. § 164.501. The term "limited data set" has the meaning set out in 45 C.F.R. § 164.514(e). The term "use" means, with respect to protected health information, utilization, employment, examination, analysis or application within Be Well. The terms "disclose" and "disclosure" mean, with respect to protected health information, release, transfer, providing access to or divulging to a person or entity not within Be Well. For purposes of this contract, the City's protected health information encompasses the City's electronic protected health information. 2. Privacy of Protected Health Information. (a) Permitted Uses and Disclosures. Be Well is permitted to use and disclose PHI that it creates or receives on the City's behalf or receives from the City (or another consultant of the City) and to request PHI on the City's behalf only as follows: (i) Functions and Activities on Citv's Behalf. To perform functions, activities, services, and operations on behalf of the City as specified in the contract. (ii) Consultant's Operations. For Be Well's propermanagement and administration or to carry out Be Well's legal responsibilities, provided that, with respect to disclosure of the City's PHI, either: 6 a. The disclosure is required by law; or b. Be Well obtains reasonable assurance, evidenced by written contract, from any person or entity to which Be Well will disclose the City's PHI that the person or entity will: i. Hold City's PHI in confidence and use or further disclose the City's PHI only as required by law and only for the purpose for which Be Well disclosed the City's PHI to the person or entity; and ii. Promptly notify Be Well (who shall in turn notify the City in accordance with section 5(a) below) of any instance of which the person or entity becomes aware that the confidentiality of City's PHI was breached. (b) Minimum Necessary. Be Well will, in its performance of the functions, activities, services, and operations specified in section 2(a) above, make reasonable efforts to use, to disclose, and to request of a covered entity only the minimum amount of City's PHI reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that Be Well will not be obligated to comply with this minimum necessary limitation with respect to: (i) Disclosure to or request by a health care provider for treatment; (ii) Use for or disclosure to an individual who is the subject of City's PHI, or that individual's personal representative; (iii)Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by the individual who is the subject of City's PHI to be used or disclosed, or by that individual's personal representative; (iv)Disclosure to DHHS in accordance with Section 1(a) above; (v) Use or disclosure that is required by law; or (vi)Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b) (2). (c) Prohibition on Unauthorized Use or Disclosure. Be Well will neither use nor disclose City's PHI, except as permitted or required by this contract, or as specified in writing by the City, or as required by law. This contract does not authorize Be Well to use or disclose the City's PHI in a manner that will violate the 45 C.F.R. Part 164, Subpart E "Privacy of Individually Identifiable Health Information" ("Privacy Rule") if done by the City, except as set forth in section 2(a)(ii) above. (d) Information Safeeuards. (i) Privacy of Citv's Protected Health Information. Be Well will develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of City's PHI. The safeguards must reasonably protect City's PHI from any intentional or unintentional use or disclosure in violation of the Privacy Rule, 45 C.F.R. Part 164, Subpart E, and limit incidental uses or disclosures made pursuant to a use or disclosure otherwise permitted by this contract. Be Well will keep these security measures current and will document these security measures in written policies, procedures or guidelines, which Be Well will provide to the City upon the City's request. 7 (ii) Security of City's Electronic Protected Health Information. Be Well will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI that Be Well creates, receives, maintains, or transmits on the City's behalf as required.by the Security Rule, 45 C.F.R. Part 164, Subpart C. Be Well will keep these security measures current and will document these security measures in written policies, procedures or guidelines, which Be Well will provide to the City upon the City's request. (e) Subcontractors and Agents. Be Well will require any of its subcontractors and agents, to which Be Well is permitted by this contract or in a writing executed by the City to disclose the City's PHI, to provide reasonable assurance, evidenced by written contract, that such subcontractor or agent will comply with the same privacy and security safeguard obligations with respect to the City's PHI that are applicable to Be Well under this contract. 3. Compliance with Transaction Standards. If Be Well conducts in whole or part electronic transactions on behalf of the City for which DHHS has established standards, Be Well will comply, and will require any subcontractor or agent it involves with the conduct of such transactions to comply, with each applicable requirement of the Transaction Rule, 45 C.F.R. Part 162, Subpart I. Be Well will not enter into, or permit its subcontractors or agents to enter into, any Trading Partner Agreement in connection with the conduct of standard transactions on behalf of the City that: (a) Changes the definition, data condition, or use of a data element or segment in a standard transaction; (b) Adds any data element or segment to the maximum defined data set; (c) Uses any code or data element that is marked "not used" in the standard transaction's implementation specification or is not in the standard transaction's implementation specification; or (d) Changes the meaning or intent of the standard transaction's implementation specification. 4. Individual Rights. (a) Access. Be Well will, within ten (10) business days following the City's request, make available to the City or, at the City's direction, to an individual (or the individual's personal representative) for inspection and obtaining copies of the City's PHI about the individual that is in Be Well's custody or control, so that the City may meet its access obligations under 45 C.F.R. § 164.524. (b) Amendment. Be Well will, upon receipt of written notice from the City, promptly amend or grant the City access to amend any portion of City's PHI, so that City may meet its amendment obligations under 45 C.F.R. § 164.526. (c) Disclosure Accounting. So that the City may meet its disclosure accounting obligations under 45 C.F.R. § 164.528: (i) Disclosures Subiect to Accounting. Be Well will record the information specified in section 4(c)(iii) below ("Disclosure Information") for each disclosure of City's PHI, not excepted from disclosure accounting as specified in section 4(c)(ii) below, that Be Well makes to the City or to a third party. 8 (ii) Disclosures Not Subject to Accounting. Pursuant to 45 C.F.R. § 164.528(a)(1) Be Well will not be obligated to record disclosure information or otherwise account for disclosures of the City's PHI: a. That occurred before April 14, 2003; b. For treatment, payment or health care operations activities; c. To an individual who is the subject of the PHI disclosed, or to that individual's personal representative; d. Pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of City's PHI disclosed, or by that individual's personal representative; e. For notification of and to persons involved in the care or payment related to the health care of an individual who is the subject of the City's PHI disclosed and for disaster relief; f. To law enforcement officials or correctional institutions in accordance with 45 C.F.R. § 164.512(k)(5); g. For national security or intelligence purposes in accordance with 45 C.F.R. § 164.512(k)(2); h. In a limited data set in accordance with 45 C.F.R. § 164.514(e); i. Incident to a use or disclosure that Be Well is otherwise permitted or required, pursuant to § 164.502; and Otherwise excepted from disclosure accounting as specified in 45 C.F.R. § 164.528. (iii)Disclosure Information. With respect to any disclosure by Be Well of the City's PHI that is not excepted from disclosure accounting by 45 C.F.R. § 164.528 and section 4(c)(ii) above, Be Well will record the following disclosure information as applicable to the type of accountable disclosure made: a. Disclosure Information Generally. Except for repetitive disclosures of the City's PHI as specified in section 4(c)(iii)b below and for disclosures for large research studies as specified in section 4(c)(iii)c below, the disclosure information that Be Well must record for each accountable disclosure is (i) the disclosure date, (ii) the name and (if known) address of the person or entity to which the disclosure was made, (iii) a brief description of the City's P111 being disclosed, and (iv) a brief statement of the purpose of the disclosure. b. Disclosure Information for Renetitive Disclosures. For repetitive disclosures of the City's PHI that Be Well makes for a single purpose to the same person or entity (including the City), the disclosure information that Be Well must record is either the disclosure information specified in section 4(c)(iii)a above for each accountable disclosure, or (i) the disclosure information specified in section 4(c)(iii)a above for the first of the repetitive accountable disclosures, (ii) the frequency, periodicity, or number of the repetitive accountable disclosures, and (iii) the date of the last of the repetitive accountable disclosures. c. Disclosure Information for Large Research Activities. For disclosures of the City's PHI that Be Well makes for particular research involving fifty (50) or more 9 J. individuals and for which an Institutional Review Board or Privacy Board has waived authorization during the period covered by an individual's disclosure accounting request, the disclosure information that Be Well must record is (i) the name of the research protocol or activity, (ii) a plain language description of the research protocol or activity, including its purpose and criteria for selecting particular records, (iii) a brief description of the type of the City's PHI disclosed for the research, (iv) the dates or periods during which Be Well made or may have made these disclosures, including the date of the last disclosure that Be Well made during the period covered by an individual's disclosure accounting request, (v) the name, address, and telephone number of the research sponsor and of the researcher to whom Be Well made these disclosures, and (vi) a statement that the City's PHI relating to an individual requesting the disclosure accounting may or may not have been disclosed for a particular research protocol or activity. Be Well will, upon request of the City or an individual requesting the disclosure accounting, assist City or the individual to contact the research sponsor and the researcher if it is reasonably likely that City's PHI relating to the individual was disclosed for the particular research protocol or activity. (iv)Availability of Disclosure Information. Be Well will maintain the disclosure information for at least six (6).years following the date of the accountable disclosure to which the disclosure information relates. Be Well will make the disclosure information available to the City within ten (10) business days following the City's request for such disclosure information to comply with an individual's request for disclosure accounting. (d) Restriction Contracts and Confidential Communications. Be Well will comply with any agreement that the City makes that either (i) restricts use or disclosure of City's PHI pursuant to 45 C.F.R. § 164.522(a), or (ii) requires confidential communication about City's PHI pursuant to 45 C.F.R. §• 164.522(b), provided that the City notifies Be Well in writing of the restriction or confidential communication obligations that Be Well must follow. The City will promptly notify Be Well in writing of the termination of any such restriction agreement or confidential communication requirement and, with respect to termination of any such restriction agreement, instruct Be Well whether any of the City's PHI will remain subject to the terms of the restriction agreement. 5. Privacy Obligation Breach and Security Incidents. (a) Reporting. (1) Privacy Breach. Be Well will report to the City any use or disclosure of the City's PHI not permitted by this contract or in writing by the City. Be Well will make the report to the City not more than 2 days after Be Well learns of such non -permitted use or disclosure. The report will: a. Identify the nature of the non -permitted use or disclosure; b. Identify City's PHI used or disclosed; c. Identify who made the non -permitted use or disclosure and who received the non - permitted disclosure; d. Identify what corrective action(s) Be Well took or will take to prevent further non - permitted uses or disclosures; 10 e. Identify what Be Well did or will do to mitigate any deleterious effect of the non - permitted use or disclosure; and f. Provide such other information, including a written report, as the City may reasonably request. (ii) Security Incidents. If a security incident results in an actual disclosure of the City's PHI not permitted by this contract, Be Well will report such incident to the City. Be Well will report to the City any unauthorized: a. access, use, disclosure, modification, or destruction of City's electronic PHI of which Be Well becomes aware; or b. interference with system operations in Be Well's information systems involving covered entity's electronic PHI of which Be Well becomes aware. (iii)Within one (1) business day, Be Well will provide the City with information regarding the nature and extent of the security incident and any associated improper use or disclosure as well as any additional information the City may reasonably request. (b) Obligations on Termination. a. Return of City's Protected Health Information. Upon termination or other conclusion of this contract, Be Well will, return to the City all of the City's PHI in whatever form or medium requested by the City, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of City's PHI. Be Well will require any subcontractor or agent, to which Be Well has disclosed City's PHI as permitted by section 2(e) above, to return to Be Well (who will in turn return it to the City) all of City's PHI in whatever form or medium received from Be Well, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of City's PHI, and certify on oath to Be Well that all such information has been returned. Be Well will complete these obligations as promptly as possible, but not later than twenty (20) business days following the effective date of the termination or other conclusion of the contract. b. Procedure When Return Is Not Feasible. Be Well will identify any of the City's PHI, including any that Be Well has disclosed to subcontractors or agents as permitted by section 1(e) above, that cannot feasibly be returned to the City and explain why return is infeasible. Be Well will limit its further use or disclosure of such information to those purposes requested by the City or required by law. Be Well will, by its written contract with any subcontractor or agent to which Be Well. discloses the City's PHI as permitted by section 2(e) above, require such subcontractor or agent to limit its further use or disclosure of City's PHI that such subcontractor or agent cannot feasibly return to those purposes requested by the City or required by law. Be Well will complete these obligations as promptly as possible, but not later than twenty (20) business days following the effective date of the termination or other conclusion of the contract. c. Continuing Privacy and Security Obligation. Be Well's obligation to protect the privacy and safeguard the security of the City's PHI as specified herein will be continuous and survive termination or other conclusion of the contract. 11 66' d. Other Oblieations and Riuhts. Be Well's other obligations and rights and the City's obligations and rights upon termination or other conclusion of the contract will be those set out in the section(s) of the contract addressing post -termination rights and obligations. (c) Indemnity. Be Well will indemnify and hold harmless the City and any City affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non -permitted use or disclosure of City's PHI by Be Well or any subcontractor or agent under Be Well's control. 3. TERM/NOTICES The term of this contract shall be for a period of one year commencing on July 1, 2016 and terminating June 30, 2017. If any extension is entered into, said extension must be in writing, with all terms remaining the same. The only condition that shall be permitted to be altered or changed in any extension is the sum to be paid Be Well and the method of computing the same if the parties subsequently agree that a flat fee is no longer advisable. The City of Buffalo reserves the right to terminate this contract without cause upon providing the other party with thirty (30) days written notice. Such notice and any other notice(s) required or permitted under this contract shall be hand -delivered or sent to the appropriate party by first class mail, postage paid or by overnight carrier to the following addresses: To the City: To the Contractor: Human Resources City of Buffalo 1007 City Hall Buffalo, New York 14202 Be Well Healthcare Medicine, PLLC Attn: David P. Hughes, M.D. 462 Grider Street Buffalo, New York 14215 Either party may, from time to time designate, by written notice, pursuant to this section another address or representative to which such notice or communications should be sent. 4. RELATIONSHIP OF THE PARTIES Be Well and the City agree that Be Well is an independent contractor, and not an employee of the City and that in accordance with such status as an independent contractor, Be Well covenants and agrees that it will not hold itself out as, nor claim to be, an officer or employee of the City, including but not limited to: workers compensation coverage, unemployment insurance benefits, social security coverage, medical, dental or health insurance coverage, or employee retirement membership or credit by reason of this Contract. 12 Be Well shall not have the authority to bind or contract for the City, or any department, agency or unit thereof, or to make or incur indebtedness, liability or obligation on behalf of the City, or any department, agency or unit thereof. This contract shall not be construed as creating an exclusive contract for services. The City retains the right to contract with others to provide like or similar services. 13e Well retains the right to provide such services to parties other than the City in its sole discretion. 5. CONFIDENTIALITY Be Well recognizes that all medical and other personnel records and information obtained either directly or indirectly, is confidential and agrees. that they will not divulge, disclose or communicate in any manner any such information to any third party without the prior consent of the City. Be Well agrees to comply with all applicable federal and state laws and regulations governing confidentiality of records. The confidentiality provisions of this contract shall remain in full force and effect after the termination of this Contract. 6. RETURN OF RECORDS Upon termination of this contract, Be Well shall deliver all files, including but not limited to, all documents, data, notes, memoranda, reports, including preliminary findings, interim reports, final recommendations and the work product thereof to the City. Other forms of information collected or received during the term of the contract with the City, shall remain or become the exclusive property of the City of Buffalo and must be returned to the City of Buffalo at the termination of the contract period. 7. AMENDMENT This contract may be modified or amended if the modification or amendment is made in writing and executed by both parties subject to all municipal approvals. 8. SEVERABILITY If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the contract is invalid or unenforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 9. INDEMNIFICATION Be Well must and hereby does agree to indemnify, defend and hold the City harmless, to the fullest extent permitted by law, from and against any and all liability arising from any and all claims or suits and any and all costs and expenses which the City (and/or its employees, officers, agents and/or contractors) may hereafter incur, become liable for or pay out as a direct or indirect result of (or in any manner arising out of) the negligence or carelessness, active or passive, of the Be Well, its employees, agents or subcontractors, in the performance of any work under this Contract. In furtherance of Be Well's indemnification of the City, Be Well shall procure and maintain at their own expense, without cost to the City, general liability and property damage insurance. Such insurance shall cover and insure the City for all claims and or damages arising 13 from or in any way related to work performed under this contract and all operations related thereto including but not limited to those claims relating to bodily injury, sickness and or disease, including also death, and for all damage to or loss of property. The insurance coverage shall be evidenced by a certificate or certificates of insurance, which shall name the .City as certificate holder and as an additional insured. 10. INSURANCE Be Well herein agrees to maintain insurance coverage in form and substance acceptable to the City's Corporation Counsel, Comptroller, and Commissioners of Police and Fire, for the duration of the contract, including but not limited to: (i) Workers' Compensation Insurance to be evidenced on the approved New York Form. The City of Buffalo shall be named as Certificate Holder; (ii) Disability Insurance Coverage to be evidenced on the approved New. York Form. The City of Buffalo shall be named as certificate holder; (iii) Medical Malpractice/Health Professionals Liability Insurance of not less than $1,300,000 per occurrence and $3,900,000 in the aggregate with the City of Buffalo named as certificate holder; (iv) General Liability Insurance (included but not limited to, contractual liability, bodily injury and property damage) in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate under which the City of Buffalo must be named as an additional insured and certificate holder; (v) Automobile Liability Insurance in the amount of . at least $2,000,000 (each accident). The City of Buffalo must be named as an additional insured and certificate holder; (vi) Insurance coverage shall be maintained throughout the contract and any extension periods. City Corporation Counsel shall be promptly informed of any changes in insurance coverage including updated insurance certificates. 11. APPROPRIATION It is understood by the parties that this contract, or any renewals therefor shall be executory only to the extent of monies available to the City and appropriated therefor, and no liability on account thereof shall be incurred by the City beyond monies available and appropriated for the purpose thereof. 12. ASSIGNMENT This contract contemplates the particular services of Be Well and Be Well shall not assign, transfer or otherwise dispose of this contract, or its right, title and interest therein, to any person, firm or corporation. 13. WAIVERS The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every other provision of this contract. 14 14. CONFLICT AND PRIORITY The Request for Proposals together those terms and provisions and attachments and components comprising Be Well's proposal found to be generally acceptable by the City are attached hereto and incorporated into this contract. In the event of any inconsistencies or conflicts between the terms and provisions of this Contract, the Request for Proposal, and/or Be Well's Proposal, the provisions in the following rank order shall be controlling and take precedence: 1) Contract; 2) Request for Proposals: and 3) Proposal. 15. APPLICABLE LAW Be Well shall comply with all laws, rules, regulations and ordinances of the U.S. Government, the State of New York, and the City of Buffalo, including but not limited to the City's Living Wage ordinance; and any other political subdivision of regulatory body which may apply to its performance under this contract. This contract shall be governed by the laws of the State of New York. For all purposes of this contract, the parties submit themselves to the jurisdiction of the Supreme Court of the State of New York, County of Erie, and City of Buffalo and consent that any and all litigation, hearings, motions, and legal proceedings shall be in such court. 16. ENTIRE AGREEMENT This contract represents the entire agreement of the parties and there are no other promises or conditions in any other agreement either oral or written. This contract supersedes any prior written or oral agreement between the parties. 15 APPROVED AS TO FORM ONLY: Timothy A. Ball, Corporation Counsel Date CITY OF BUFFALO BY:, Gladys Herndon -Hill Commissioner of Human Resources BE WELL D/B/A GREAT LAKES PHYSICIANSERVICES BY: David P. Hughes, M.D., Managing Member Be Well Healthcare Medicine, PLLC d/b/a Great Lakes Physicians Services 16 Date Date ACKNOWLEDGEMENT State of New York) County of Erie) ss On day of in the year , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public State of New York) County of Erie) ss On day of in the year , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 17 �b� Be Well Case Management for Injured on Duty — Police and Fire (HR) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated June 24, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of Human Resources to enter into an agreement between the City of Buffalo and Be Well Case Management for Police and Fire Injured on Duty, for the period of July 1, 2016 to June 30, 2017. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OutlookUSMLCIH5\Enter agreement -Be Well Case.docx 3`'t * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * ** * * * WINGO * ** * * * WYATT * ** * * * [ ] * * * [MAJ-5] * * 0 * [2/3 -6] * * * [3/4 - 7] 01611 ‘°4 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 30, 2016 FROM: DEPARTMENT: Human Resources SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xxl Item # 100, Mayor's Approval #224 461 'Pl/(134 SIGNATUR [:Palladian EAP Contract With [:Ending Date to June 30, 2017 [:Contract runs from July 1, 2016 to [:June 30, 2017 DEPARTMENT HEAD TITLE : Commissioner of Human Resources HON; BYRON W. BROWN MAYOR OF BUFFALO City. Clerk's: Department BUFFALO February 5, 2016. Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. PASSED February 2, 2016 Request Approval of New Contract with Palladian Health for EAP Services (HR) FEB. 1. 0 2016 Gerald A Chvvalinski` City Clerk 1:18 91 t91 rJ 'ATE) 0"::i l! ... ...... 51 7J., 61 ‘.3 , • 014 r s J 00 �� v 2 L.. " .: Approval of Contract:, -Palladian EmplOydc Assistance Prograrrl:.(HR)--'.:.:.:•. • , ' '5?., • (Item No. 100, C.C.P., Jan. 19, 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 Human Resources to enter into a contract agreement with Palladian Employee Assistance Program to City of Buffalo employees, their *spouses, and dependents who reside in the.same household, for a contractual. term to begin March 1, 2016 and shall end on February 29, 2017., upon the condition that Palladian conduct a customer satisfaction survey of its 2015 participants and file vvith.the Common Council, and that Palladian use positive messages in its advertising to draw in more participants.. PASSED Recommended by the Committee on Finance CAUter►llruchskAAppDatatAcallMlerosofhWlndowATemporary Internet PllesTonlentOutIc410X72QVW6Llpproval of Conlracl•PalledtenEAP.docx AGREEMENT This Agreement made effective as of the 1" day of JulyMarelt, 2016 between Palladian, LLC, a Delaware limited liability company having its administrative offices located at 2732 Transit Road, West Seneca, New York 14224 (hereinafter "Palladian") and the City of Buffalo, a municipal corporation. organized under the laws of the State of New York, having its principal office located at 65 Niagara Square, Buffalo, New York 14202 (hereinafter the, "the City"). WHEREAS. on November 10. 2015 the City issued a Request for Proposals ("RFP") seeking submissions from all interested parties to administer an Employee Assistance Program (hereinafter "EAP) for the City of Buffalo. Buffalo Urban Renewal Agency (BURA). and the Buffalo Sewer Authority (BSA) (hereinafter collectively referred to as "the City"). the same being incorporated herein and made a part hereof as "Exhibit A"; and WHEREAS. on December 15. 2015 Palladian submitted a proposal to the City to perform the aforesaid services. and the proposal has been found generally acceptable by the City and is incorporated herein and made a part hereof as "Exhibit B"; and WHEREAS. on .February 2. 2016. the Common Council pursuant to its Passage of Item No. 224. dated January 19. 2016 has authorized the award of the contract to Palladian Health and has authorized the Department of Human Resources to execute this contract for the performance of the solicited services: and WHEREAS. Palladian is well qualified and experienced in the administration of an Employee Assistance Program: and WHEREAS. the City deems that it is necessary and in the City's best interest to contract for such services and Palladian has agreed to perform such services for the City: NOW. THEREFORE. in consideration of the mutual agreements set forth herein the parties agree as follows: 1. PURPOSE • Palladian will provide EAP services to City employees. their spouses and ;FS�.zYR-�e srx"a tui at���i Palladian will be responsible for verifying eligibility, at first consultation. 2. EMPLOYEE ASSISTANCE PROGRAM PROFESSIONAL SERVICES I. Consultation and Referral Services: 1 al Action Plan: When an individual calls for services their issue will be triaged and an action plan will be developed. This plan may include: 1) A phone consultation and recommendation(s) with no additional services; 2) A recommendation fora face-to-face appointment with an EAP counselor, to complete an assessment and if necessary deterinine the appropriate level of intervention and or treatment and further develop a plan of action:, 3) Up to three (3) individual EAP face-to-face sessions per referral (episode of care), to include one (1) assessment and two (2) counseling appointments. These sessions are preliminary or working sessions and will be utilized to,. determine appropriate referrals for long term treatment nrogram(s), if necessary. within the EAP's network of organizations. These sessions are, not intended to be utilized as treatment for mental health or substance abuse diagnosis. Employee missed or canceled sessions will be counted against the three (3) EAP Preliminary face-to-face sessions; 4) As further described in Section 5 "EAP Supplemental Services". the action, elan may include referrals for issues related to child care. eldercare. .legal, and financial services; 5) Referrals for behavioral health services as needed, such as mental health and substance abuse treatment. Individuals who meet a diagnosis criterion, for a mental health or substance abuse disorder will he referred to an, appropriately credentialed and experienced provider. Palladian will endeavor to refer the individual to a provider who participates in the employee's health insurance plan. b) Follow -upon each case will be conducted, unless refused by the employee. The follow-up will be utilized to determine the success of the EAP process and to determine the employee's need for further evaluation and/or services. c) Employees will have 24-hour access to the EAP for information and referrals. such, access is through a 24-hour toll-free phone line. The professional who handles the call will screen for eligibility, presenting problem, risk. substance abuse. and, impaired workplace function. Calls received outside of normal business hours will, be live answered by a Masters Degree Certified 9 i l t with the ability to directly patch through emergency calls to the on-call EAP clinician. In the event an employee/dependent attempts to call and the EAP staff are assisting other individuals. the caller will have the ability to leave a confidential message on the EAP voicemail or opt to have a clinician paged by pressing "0" for the onerator. MI messages left will be returned as soon as possible. but no later than two 12) business days after the message is left. In urgent or emergency referral cases. the individual may be seen the sante day. 2 d) An episode of care will be initiated each time an individual calls the EAP for assistance. There is no limit to the number of episodes of care available to eligible employees/dependents throughout the contract period however each oarticinant is limited to three (3) initial face-to-face sessions per episode of care. Additionally. there is no limit to the number of times an individual may call the EAP program even if they have never seen an EAP counselor. Network referrals that include the facilitation of resources for employees located in varvina eeoeranhic locations. 1) Four (4) onsite Critical hicident Stress Debriefings (CISD). Administrative EAP referrals. h) Administrative and management consultations. i A combination of the above services or services tailored to meet an individual's unique situation. H. Supervisor Orientations: Palladian shall provide eight (8) supervisor orientations annually. Palladian will provide these annual supervisor orientations for as many supervisors as the City deems necessary. orientations will be held during the day. afternoon. and late evening shifts in such a manner that the maximum number of supervisors may attend. In addition supervisors may access the orientationvia the Palladian EAP website. The orientation sessions will cover, but not necessarily be limited to, the following topics: a) Introduction to the coals of the EAP b) EAP policies and procedures c) Description of EAP benefits d) Explanation of 24/7 access e) Explanation of confidentiality fl Addressing questions and concerns about EAP c) Effective intervention and troubled employees Palladian shall also provide management with information and guidance regarding the program. including its overall design. development. implementation and administration. This will include information to assist the Citv in the development of a comprehensive. clearly defined policy and procedures statement. III. Employee Orientations: Palladian shall provide eight (8) employee orientations annually. Orientations will be held during the day. afternoon. and late evening shifts in such a manner that the maximum number of 3 emnlovees may attend. Palladian shall offer both on site and web accessible orientations for emnlovees. Orientations shall include, but not necessarily be limited to. the following tonics: a) Introduction to the goals of the EAP b) EAP policies and procedures c) Description o:fEAP benefits d) Explanation of 24/7 access e) Explanation of confidentiality f) Addressine auestions and concerns about EAP IV. Trainines: Palladian shall collaborate with the City to develop and implement customized trainines to meet the specific needs of.emniovees, supervisors, executive management and union representatives. Existing traininas that can be selected as part of the curriculum include: a) Identifying impaired emnlovee(s) U) Workplace violence recovery c) Communication skills for professionals d) Anger management e) Conflict management f) Customer service training g) New supervisor transition h) Stress management i) Responding to erief and unexpected events in the workplace J) Maintaining a healthy back Palladian shall Provide a total of fifteen (15) hours of onsite emnlovee/supervisory traininms annually. The City will be responsible for scheduling the trainines with Palladian. The City. in its sole discretion will determine how the fifteen (15) hours of training will be allocated between employees and supervisors. Palladian will endeavor to include additional training topics as part of the curriculum, as requested by the City. EAP trainines not scheduled during a particular year will not cane over to the next year. V. Exnert Assistance in Civil Matters: Palladian EAP will be available to provide expert assistance to the City as it pertains to any reauest or service of process for appearance of any emnlovee of Palladian EAP at any iudicial or administrative nroceeding(s) involving the City of Buffalo. 4 3._MARKETING AND REPORTING Palladian shall provide the following marketing and reporting services: 11 Marketing and promotional materials. including brochures. announcements. posters and materials in other appropriate forms in reasonable nuantities. using positive Messages to attract more participants. Such material shall publicize the program's telephone number and the various types of issues handled. 2) The City will receive a nuarterly newsletter containing relevant information on topics affecting the workplace. Additionally, the City will receive a monthly webinar announcement on a wellness related topic. 3) Monthly electronic communication regarding complimentary live and archived webinars. 4) Palladian will provide quarterly and annual utilization reports summarizing the utilization of services. Palladian will collaborate with the City to ensure that these reports are meeting the reporting needs and reouirements of the City. The auarterly reports will be submitted by the 15th day of the month following the conclusion of each quarter and shall include the following information: a) Number of persons serviced. broken down by department b) Number of self vs. administratively referred cases c) Referrals made (EAP counseling, treatment services. information only) d) Presenting issue el Trainings provided, including date. department, number of attendees 5) Ongoing evaluation and reporting on the EAP. as reouested by the City. to enable the City to measure the effectiveness of the program. 6) Palladian will participate in at least two (2) annual City events. as determined by the City. Palladian and the City will coordinate Palladian's participation to ensure that the events are ones in which a large number of employee attendance/participation is anticipated. 4. EAP SPECIALIZED SERVICES FOR THE DEPARTMENTS OF POLICE AND FIRE Palladian shall provide specialized services tailored to meet the needs of the Departments of Fire and Police. Palladian will provide, the following specialized services, to the Departments of Police and Fire: 1) Consultation Services: 5 Palladian EAP will be available to consult with the Buffalo Police and Fire Departments (Management, Union, Chaplains or any other designated group from the Police and/or Fire Departments requesting such consultation) on a variety of mental health, work life policy/ procedures, and emergent personnel issues. 2) Manager and/or Employer Representative Trainings/Orienatations: Orientation session(s) for Police and Fire Department personnel will be tailored to address the unique issues related to those occupations. Supervisor Orientations will be provided annually and shall include, but not necessarily be limited to, the following topics: a. How and when to refer to the EAP b. The importance of documentation c. Signs and symptoms of problems d. The importance of confidentiality e. Voluntary versus supervisory referral(s) f. Supervisor training on stress management and critical incident stress management g. Any other topics or areas of concern proposed by the Department of Police and/or Fire 3) Employee Informational Trainings/Orientations: Palladian shall hold orientations with the objective of informing employees on how to access the EAP program and to assist employees in being comfortable accessing the EAP program. Orientations will be held during the day, afternoon and evening so that the maximum number of employees can attend. Palladian shall offer both on site and web accessible orientations that are specialized for Police and Fire Department employees, such orientations shall include, but not necessarily be limited to the following tonic areas: a. Introduction to the goals of the EAP b. EAP policies and procedures for use c. Description of the EAP benefit d. Explanation of 24/7 access e. Explanation of confidentiality f. Voluntary versus supervisory referral g. Family and the EAP h. New recruit Stress Management/Critical Incident Stress Management (CISM) i. Rank and file stress management and CISM j. Suicide awareness and prevention k. Alcohol and substance abuse 1. Domestic Violence m. Family dysfunction n. Additional topics/questions of concern as reauested by the Department of Police and/or Fire. 6 4) Intake Procedure: Access for Police and Fire Department employees to the EAP services will be through a twenty four (24) hour toll-free phone line that is available 7�, days a week. 51E {,\'r`Qt0 4410figQ'i All EAP benefit eligible individuals will be offered an appointment within seventy two (72) hours of the first phone call to the EAP. In the event of a critical incident, the professional who answers the call will collect necessary triage information and enact a plan with the caller. Palladian will respond to a request dealing with a critical incident within two (2) hours of the initial request. 5) Assessments: Palladian will provide up to three (3) face-to-face sessions per referral to support Police and Fire Department employees and their qualifying dependents. The three (3) session includes one (1) evaluation appointment that utilizes instruments such as self - identification, supervisor documentation, and past medical and/or mental health case history to determine the most appropriate action plan. 6) Case Management and Quality Assurance: The Quality Management and Improvement (QMI) Program incorporates both administrative services and clinical activities as key areas of focus. All administrative an self -referral cases will be clinically reviewed by the EAP program manager for supervisory feedback. An individual service plan will be developed when an individual first contacts the EAP and will be continually reviewed during the episode of care. Palladian will conduct satisfaction surveys with EAP recipients, referents (supervisors), network providers, Human Resources, and Police and Fire Department representatives to ensure quality service. 7) Follow -Up Services: After the initial contact with the EAP. clients will receive a follow-up phone call to ensure that' a first assessment appointment has been scheduled. Palladian will continue to follow up with EAP recipients to ensure they are meeting the goals identified during the EAP referral. If the referral is administrative. the EAP team will have contact with the ernnloyee and service providers on a bi-weeklv basis. At the end of every enisode of care. any employee that has offered the EAP an email address. will receive a brief satisfaction survey that will ask amongst other things. if the EAP helped them with their concerns. All employees will be encouraged to call the EAP immediately if their needs are not being met. 7 8) Organizational Tracking: Palladian shall provide quarterly reports summarizing the utilization of EAP services. This report shall be submitted to the Department of Human Resource several days after the conclusion of that quarter. Promotional materials such as brochures and posters, for distribution and display. designed specifically for the Buffalo Police and Fire Departments will be provided by Palladian to be displayed. Such posters and brochures shall publicize the program's telephone number and the various types of issues handled. 9) Professional Service and Referral Agencies: Palladian will arrange appointments for EAP services with contracted EAP providers in regional agencies that servicea wider geographic area as well as private practitioners in independent practice. With the exception of medical emergency situations. referrals for treatment services will be coordinated with appropriate local private practitioners or with agencies outside of Western New York specializing in services for Police and Fire Department personnel. The Palladian EAP will work with providers who are credentialed or licensed professionals and who have extensive experience working with first responders. 10) Resource Staff: Palladian EAP shall be staffed by qualified health professionals with expertise in the provision of EAP services, including substance abuse identification. ,All Palladian EAP corporate team members must meet standards set for credentialing behavioral health Providers by Palladian Health. In addition to Palladian staff, Palladian has access to ten thousand (10,0001 clinicians who are credentialed under National Committee for Ouality Assurance (NCQA) and. the Utilization Review Accreditation Committee £URACZ standards, such clinicians will be utilized to meet the needs of the Police and Fire Departments. Palladian EAP currently works in tandem with the Buffalo Police Chaplain Program. and will endeavor to work with the Fire Department Chaplain program. 11) Crisis Intervention Proeram: Palladian's EAP's Crisis Intervention Program is a systemic response to critical incidents, in the workplace. A 'ti 1 :aa s defined as any event with sufficient impact to. produce significant emotional reaction in individuals be it now or at a later date. The event l is generally outside of the ranee of ordinary human experience such as accidents. employee death_ violence. and natural disasters. A critical incident response counselor is available for the following: a) Telephonic consult with the employer to schedule a clinically appropriate onsite response b) Provide C1SD's for employees 8 c) Provide off-site individual EAP sessions as clinically appropriate under the eight (81 session model. EAP corporate staff and Palladian's partners are certified to provide CISD's defusing and debriefings 11)Peer Support Program: Palladian understands that the most effective method for facilitating access for Police and Fire Department personnel is through the voice of their peers who know Palladian staff and have an established working relationship with the program. As such, Palladian's EAP is committed to working in collaboration with existing Police and Fire Peer Counseling Programs and the Police/Fire Chaplaincy. Where a peer program is not formally or actively operating, Palladian will consult with the Department of Police and/or Fire to develop or enhance an already existing program. Palladian shall provide communication and trainines with Peer counseling programs as part of their operational strateev as the EAP for the City. i...Expert Assistance in Civil Matters: Palladian EAP agrees that in the performance of the provisions of this contract dealing with the specialized services to the Departments of Police and Fire, it will act in . accordance with the general directions given by the Commissioner of Human Resources, the Commissioner of Police, and the Commissioner Fire or their designee(s). Palladian EAP will be available to provide expert assistance to the Police and Fire Departments as it pertains to any request or service of process for appearance of any employee of Palladian EAP at any judicial or administrative proceedings involving the Police and Fire Departments 4. EAP SUPPLEMENTAL SERVICES Supplemental areas of support and guidance offered at no extra cost to the City include: Child Care- Access to child care providers and childcare resources/programming. Resources. 'This includes providing the names and addresses.of local accredited day care centers. An IPhone Ann for child care providers and articles concerning childcare. Eldercare- Palladian's website will offer access to housing options for the elderly. The website shall also provide information on numerous aging resources/programs. Resources provided include the Older Adult Services Locator and articles and resources for the caregiver. An IPhone An for elder care providers and articles will also be available. 9 Domestic Violence- Individuals who contact the EAP in need of services related to domestic violence situations will immediately be assessed for safety risk and referred to the most appropriate community resource. Legal and Financial Services- Connect callers to a wide ranee of services and resources for legal or financial matters. Palladian will provide referrals for telephonic or in person. consultations on legal and financial issues. Consultations on leeal issues will be for no more than thirty minutes (30 minutes) and no more than sixty minutes (60 minutes) for financial matters. These consultations are included in the EAP benefit. Stress Management Program_ An alternative to traditional in-person stress management sessions will be offered. A telephone based nroeram will be offered and will 'present an opportunity to learn how to effectively reduce stress Workplace .Defusing- The City may reouest a defusing after an event that is generally not outside the ranee of ordinary human experiences. but nowerful enoueh to overwhelm the cooing mechanisms of the employee exposed to it. Examples in which a defusing may be beneficial include: layoff. serious workplace accident. or significant employee discord. This service should not be substituted for intense events that would better be served by a Trauma Response. 5. TERM The term of this Agreement shall be for a period of one (1) year commencing on July 1.2016, and shall end on June 30. 2017. This Agreement may be renewed for un to three (3) additional periods of one (1) year each upon the mutual written consent of the parties. Any extension enterediinto must be in writing. with all terms remaining the same. The only condition that shall be permitted to be altered or changed in any renewal is the suns to be paid Palladian and the method of comnutine the same. hi the event that Palladian does not wish to renew. Palladian is obligated to provide the City with 60 days prior written notice. 6. COMPjNSATION EAP services are priced per employee per month (PEPM). based on the current employee count of three thousand ninety (3090) employees. The cost attributed to the first year of service shall be calculated at a rate of one dollar and nineteen cents ($1.19) per employee per month, not to exceed forty-four thousand one hundred and twenty five dollars ($44,125)_ If renewals are exercised, the cost attributed to the first renewal year of service shall be, calculated at a rate of one dollar and twenty-three cents ($1.23j per employee per month. not to exceed Forty five thousand six hundred and eieht dollars ($45,608 in total). The second renewal year if exercised will be calculated at a rate of one dollar and twenty seven cents ($1.27), per employee per month. not to exceed forty seven thousand ninety-one dollars ($47,091 in total). The third renewal year, if exercised, will be calculated at a rate of one dollar and thirty two cents ($1.32) per employee per month, not to exceed forty-eight thousand nine hundred and forty-five dollars ($48.945 in total.). 10 Palladian shall invoice the City in quarterly increments, based on an employee number of 3090. Payments are to be made quarterly, with the first payment due, upon Palladian's submission of the required invoice, no later than sixty ; as VP .fter the effective date set forth at the beginning of this Agreement or the date this Agreement becomes fully executed by the parties whichever is later. The City shall Provide its emnlovee count to Palladian no later than thirty (30) days after the first of each contract year. The employee count shall be subject to verification by record submission as mutually agreed upon the parties upon reasonable notice to the City. The Citv shall also provide a revised employee count to Palladian in the event that the City experiences an increase or decrease in the number of its full time employees that is greater than ten (10) Percent. Significant change in the employee count (i.e. increase or decrease in the number of full time employees greater than ten (10) percent) may result in an adjustment in the EAP price per employee per month. Any adjustments will be presented in writing to the City and shall be reflected in the quarterly invoice following notification of the employee count. Notification of significant change in the employee count. shall be made to Palladian by the City no later than the first day of the ouarter following the change. 7. REFERRAL AGREEMENTS Palladian will develop referral agreements with EAP network providers and a list thereof (including any updates or revisions) shall be provided to the City at the inception of the Agreement and on an annual basis thereafter at the time of renewal(s). The referral agreements are proprietary and confidential and shall not be disclosed to any other party, except as required by law or court order. 8. EAP RECORD CONFIDENTIALITY AND DISCLOSURE All records maintained in conjunction with the program shall be kept in strict confidence in accordance with State and Federal laws and regulations. It is Palladian's policy that no information regarding a client, including their name and status as a client may be disclosed unless the client consents in writing using an approved release, which is properly executed. Treatment records maintained by Palladian about employees. former employees. and eligible dependent(s). shall be the property of the employee. or where applicable. their eligible dependent. and Palladian. EAP treatment records are confidential and owned by Palladian. 9. CORPORATE CONFIDENTIALITY AND DISCLOSURE During the Term of the Agreement, Palladian and the City may exchange certain business information, ideas, concepts, and data, in written, oral, electronic, photographic and or other forms (collectively "Information"). 11 Such Information shall be used solely for purposes related to the Agreement. The Information is proprietary and confidential, and shall remain the property of the disclosing party as the case may be. Tangible forms of the Information shall not be copied without prior written consent of the disclosing party. Each party shall utilize its best efforts and all security measures employed for the protection of its own confidential information to prevent the disclosure of the Information. Notwithstanding the foregoing, the City will disclose Information to the extent that the City by law or order of a court is required to disclose such Information. 10. DISCIPLINE It is acknowledged that disciplinary action relating to any City employee shall continue to be the sole responsibility of the City. It is specifically acknowledged that the EAP program established hereunder will not be available or serve as a means of disciplinary immunity for any employee whatsoever. nor shall the City be bound by or to any recommendations or treatment options offered or implemented by the EAP Program as a result of a management or administrative referral' resulting from a discin linary issue and such recommendation. treatment option(s) offered or implemented may, at the City's sole discretion serve as an alternative or substitute to any disciplinary action otherwise administered by the City. 11. CITY'S REPRESENTATIVES The City's representative shall be the Commissioner of Human Resources or her designee(s), and with respect to the specialized services offered to the Departments of Police and Fire the City representative (s) shall also include the Commissioners of Police and Fire or their designee(s), 12. TERMINATION The City reserves the unilateral right to terminate this Agreement at anv time. with or without cause, by providing Palladian with thirty (301 days prior written notice of such termination. If termination shall be without cause, the City's liability shall be limited to paving for the services provided un to the point of termination. If the termination shall be for breach by Palladian then the City shall nay all compensation earned prior to the date of termination minus anv damages and costs incurred by the City as a result of the breach. Notwithstanding the above. Palladian shall 'not be relieved of liability to the City for damages sustained by the City as a result of anv breach of the contract. The City may. in such event,, withhold payments due to Palladian for the purpose of set-off until such time as the exact amount of damaees due to the City is determined. The rights or remedies provided for herein shall not limit the City. in the case of any breach by Palladian. from asserting anv other right or remedy allowed by law or in eauitv. 12 13. NOTICE Any notice(s) reouired or permitted under this contract. including notice of termination. shall be sent to the appropriate party by certified mail with return receipt requested. or by overnight carrier to the following addresses: To the City: Gladys Herndon -Hill Commissioner. Human Resources City of Buffalo 1007 City Hall Buffalo. New York 14202 To Palladian: Mark R. Zvgai. Chief Operating Officer Palladian EAP 2732 Transit Road West Seneca. New York 14224 Either party may. from time to time designate. by written notice. pursuant to this section another address or representative to which such notice or communications should be sent. 14. IND.EMNIFICATION Palladian shall indemnify. defend and hold harmless the City. BURA. the BSA (hereinafter "the City") and its officers. agents. servants and emplovees, from and against any and all claims, demands. damages. suits. proceedings. liabilities. iudgments. losses. costs of every name. nature. and description. including attorneys' fees. to which the City may be subiected by reason of any iniury to the Berson or property of another. or the property of the City, resulting from the negligence or carelessness, active or passive. of Palladian. its employees. agents or subcontractors, in the performance of any work under this contract. This provision shall include. all losses. costs, and damages. which the Citv may suffer as a result of any negligent supervision of services or bv reason of iniury to the person or property of another, or the property of the City. resulting from the negligence or carelessness, active or Passive. of Palladian its employees. agents, or subcontractors, or the ioint negligence, active or passive. of Palladian and the City . in the performance under this contract. or in the delivery of materials and supplies. In addition to and in furtherance of the foregoing indemnity. the insurance coverage described herein must include language that states that the insurance carrier will defend the City for any and all claims arising or resulting from this contract. Furthermore, the whole or such money to become due under this contract or as shall be considered necessary by the City. may be retained bv it until all suits or claims for damages shall have been settled or otherwise disposed of and evidence to that effect furnished to the satisfaction of the City. The provisions of this section shall survive the expiration or termination of this contract. The City shall not be limited by reason of any insurance coverage provided hereunder or the limits of any insurance requirements. 15. INSURANCE The City requires insurance coverage as listed below for this service. Reference to "Contractor" below shall also include Palladian their respective agents. representatives. employees or 13 subcontractors: and reference to the City shall include their respective officers. agents. officials, employees. volunteers, boards and commissions, as well as BURA and the BSA. The insurance required shall be written for not less than the scope and limits of insurance specified hereunder. or required by applicable federal. state and/or municipal law. regulation or requirement. whichever coverage requirement is greater. It is agreed and understood that the scone and limits of insurance specified hereunder are minimum requirements and shall in no way limit or exclude the City from additional limits and coverage provided. Coverage shall be primary and non-contributorv. All policies of insurance shall be provided by a company or companies admitted and authorized to do business in the State ofNew York. Before commencing the work. Palladian shall furnish to the City the certificates of insurance. and shall thereafter provide renewal certificates, as appropriate. evidencing such coverage written by a comnanv or companies acceptable to the City. All certificates of insurance shall be subject to the approval of the Corporation Counsel of the City as to form and the City of Buffalo Comptroller as to sufficiency. Such certificates and renewal certificates shall provide for a notice of cancellation. lapse or restrictive amendment by certified or registered mail of at least thirty (301 days. If such insurance is written on a "claims made" basis then such insurance shall be kept in full force and effect for three (31 years after final payment to the Contractor. For purposes of this contract. all insurance certificates required must be mailed to: Douglas Fabian. Director of Personnel Department of Human Resources City of Buffalo 1007 City Hall . Buffalo, New York 14202 Minimum Scone and Limits of Insurance 15.1 Worker's Compensation Insurance and Disability Insurance: With respect to all operations the Vendor perforans. the Vendor shall carry Worker's Compensation Insurance and Disability Insurance in accordance with the reauirements of the laws of the State ofNew York. Evidence of Worker's Compensation Insurance and Disability Insurance must be provided on the New York State approved form. The Acord form is not acceptable. Each certificate of insurance evidencing such coverages shall be submitted by the Vendor and must name the City of Buffalo. as certificate holder. 15.2 Commercial General Liability: With respect to all operations the Vendor performs the Vendor shall carry Commercial General Liability insurance providing for a total limit of not less than one million dollars (51.000.0001 per occurrence for each iob site or location for all damages arising out of bodily iniurv, personal iniurv. property damage. products/completed operations. and contractual liability coverage for the 14 indemnification provided under the contract. Each annual aggregate limit shall not be less than two million dollars ($2.000.000). A certificate of insurance evidencing such coverage shall be submitted by the Palladian and must name the City of Buffalo, the Buffalo Sewer Authority, and the Buffalo Urban Renewal Agency as additional insureds and certificate holders under said policy of insurance. The City shall also be named as additional insured and certificate holder under Palladian's excess and umbrella policies. 15.3 Automobile Liability: With resnect to any owned, non -owned. or hired vehicles the Vendor shall carry Automobile Liability insurance providing at least one million dollars ($1.000.000) per accident for bodily iniury and property damage. A certificate of insurance evidencing such coverage shall be submitted by Palladian and must name the City of Buffalo, the Buffalo Sewer Authority, and the Buffalo Urban Renewal Agency as additional insureds and certificate holders under said policy of insurance. 15.4 Professional Liability: With respect to any damage caused by an error. omission or any negligent acts of the Vendor performed under this contract the Vendor shall carry Professional Liability insurance providing at least one million dollars ($1.000.000) per claire for any wrongful act. The certificate of insurance evidencing such coverage shall be submitted by Palladian and must name the City of Buffalo, the Buffalo Sewer Authority, and the Buffalo Urban Renewal Agency as certificate holders under said policy of insurance. .15.5 - "Tail" Coverage: If any of the required liability insurance is on a "claims made" basis, "tail" coverage will be required at the completion of this contract for a duration of 24 months, or the maximum time period reasonably available in the marketplace. Vendor shall furnish certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following Contract completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the .effective date of the pertinent Contract. If continuous "claims made" coverage is used, Vendor shall be required to keep the coverage in effect for a duration of not less than 24 months from the end of the Contract. 15.6 Acceptability of Insurers: All of Vendor's insurance policies shall be written by insurance companies admitted in New York and licensed to do business in the State of New York or otherwise acceptable to the City's Corporation Counsel in his sole discretion. 15.7 Subcontractors: The Vendor shall reauire subcontractors to provide the same "minimum scope and limits of insurance" as rea_ uired herein, with the exception of Errors and Omissions/Professional Liability Insurance unless Errors and Omissions /Professional Liability insurance is applicable to the work performed by the subcontractor. All Certificates of Insurance shall be provided to Corporation 15 Counsel's office as required herein and are subject to approval as to form by the Corporation Counsel and.are subject to approval as to sufficiency by the City Comptroller. 15.8 Awreeate Limits: Any aggregate limits must be declared to and approved by the City. It is agreed that the Vendor shall notify the City when fifty percent (50%) of the aggregate limits are eroded during the contract term. If the aggregate limit is eroded for the full limit, the Vendor agrees to reinstate or purchase additional limits to meet the minimum limit requirements stated herein. The premium shall be paid for by the ContractorNendor. Deductibles and Self -Ensured Retentions: Any deductible or self-insured retentions must be declared to and approved by the City. All deductibles or self- insured retentions are the sole responsibility of the Vendor to pay and/or to indemnify. 15.9 Notice of Cancellation or Nonrenewal.• Each insurance policy required shall he endorsed to state that coverage shall not be suspended. voiced. cancelled, or reduced in coverage or in limits except upon 30 days prior written notice is given to the City. 15:10 Waiver of Governmental Immunity: Unless requested otherwise by the City. the Vendor and his insurer shall waive governmental immunity as a defense and shall not use the defense of governmental immunity in the adiustment of claims or in the defense of any suit brought against the City. 15.11 Additional Insured... The liability insurance coverage, except for Workers Compensation and Disability Insurance, required for the performance of the Contract shall include the City of Buffalo as additional insured and certificate holder but only with respect to the Vendor's activities to be performed under the contract. Coverage shall be primary and non-contributory with any other insurance. 15.12 Certificate of Insurance: As evidence of the required insurance coverage, the Vendor shall furnish Certificates) of Insurance to the City of Buffalo prior to the award of the Contract and prior to the Vendor's commencement of work under the awarded contract. The Certificate(s) will specify all parties who are endorsed on the policy as Additional Insureds (or Loss Payees). The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. Renewals of expiring certificates shall be filed thirty (30) days prior to expiration. The City reserves the right to require complete. certified copies of all required policies at any time. All insurance documents required should be mailed to: City of Buffalo Department of Human Resources Antoinette Palmer. Director of Compensation and Benefits 65 Niagara Square. Room: 1014 City Hall Buffalo. New York 14202 16 15.13 Acceptability oflnsurers All of Palladian' insurance policies shall be written by insurance companies licensed in the State of New York and admitted in the State of New York or otherwise acceptable to the City's Comptroller in his sole discretion. 15.14 Subcontractors Palladian shall require subcontractors to provide the same "minimum scone and limits of insurance" as required herein. with the exception of Errors and Omissions/Professional Liability insurance, unless Errors and Omissions/Professional Liability insurance is applicable to the work performed by the subcontractor. 15.15 Aoereeate Limits Anv aeereeate limits must be declared to and approved by the City. It is agreed that Palladian shall notify the City when fifty percent (50%) of the aeereeate limits are eroded during the contract terns. If the aggregate limit is eroded for the full limit. Palladian agrees to reinstate or purchase additional limits to meet the minimum limit reauirements stated herein. The premium shall be paid for by Palladian. Deductibles and Self -Insured Retentions: Anv deductible or self-insured, retentions must be declared to and approved by the City. All deductibles or self-insured retentions are the sole responsibility of Palladian to pay and/or to indemnify. 15.16 Notice of Cancellation or Nonrenewal Each insurance policy reauired shall be endorsed to state that coverage shall not be suspended. voided. cancelled. or reduced in coverage or in limits except atter 30 aays prior written notice by certified mail, return receipt requested. has been given to the City. 15.17 Waiver of Governmental Inrrnunity Unless reauested otherwise by the City. Palladian and its insurer shall waive governmental immunity as a defense and shall not use the defense of governmental immunity in the adjustment of claims or in the defense any suit brought against the City. 16. APPLICABLE LAWS/ENFORCEMENT Palladian shall comply with all laws. rules. regulations and ordinances of the U.S. Government, the State ofNew York. and the City of Buffalo. including but not limited to the City Living Wage ordinance: and any other political subdivision of reaulatoiv body which may apply to its performance under this contract. This contract shall be governed by the laws of the State of New. York. Prior to the commencement of any proceeding against the City related to this contract Palladian shall provide the City with written notice stating the general, nature of each claim, dispute, or other matter within twenty (20) days of the event eivine rise to the claim. For all pumoses of this contract, the parties submit themselves to the jurisdiction of the Supreme Court of the State of New York. County of Erie. City of Buffalo and consents that any and all litigation shall be in such court. Further, all proceedings relating to any disputes. including but not limited 17 to. arbitrations. motions. mediations. depositions. meetings. and trials shall be held in Buffalo New York. .17. RELATIONSHIP OF THE PARTIES Palladian and the City agree that Palladian is an independent contractor. and not an employee of the City and that in accordance with such status as an independent contractor. Palladian covenants and agrees that it will not hold itself out as, nor claim to be. an officer or employee of the City. including but not limited to: workers compensation coverage. unemployment insurance benefits, social securitv coverage. medical. dental or health insurance coverage. or employee retirement membership or credit by reason of this contract, Palladian shall not have the authority to bind or contract for the City. 'or any department aaencv or unit thereof or to make or incur indebtedness. liability or oblieation on behalf of the City. or any department. agency or unit thereof. This contract shall not be construed as creating an exclusive contract for services. The City retains the right to contract with others to provide like or similar services. Palladian retains the right to provide such services to parties other than the Citv in its sole discretion. 18. PERFORMANCE MONITORING All work performed by Palladian shall be subiect to the approval and acceptance by the City or its designee. The City will monitor the performance of Palladian against goals and performance standards renuired herein. The City or its designee shall review each portion of the work when certified as complete and submitted by Palladian and shall inform Palladian of any apparent deficiencies. defects, or incomplete work. at any stage of the protect. Substandard performance as determined by the City will constitute non-compliance under this contract. If action to correct such substandard performance is not taken by Palladian within a reasonable period of time after being notified by the City. contract termination procedures will be initiated. 19. PRIME CONTRACTOR RESPONSIBILITY All subcontractors shall be subject to prior approval by the City. Prior to contract execution. Palladian will be renuired to furnish the corporate or eomnanv name and the names of the officers and principals of all subcontractors. Notwithstanding any such approval by the City. Palladian shall itself be solely responsible for the performance of all work set forth in this contract and for compliance with the price and other terms provided herein. Palladian shall cause the annropriate provisions of its proposal and this contract to be inserted in all subcontracts. The Citv's consent to or prior approval of any subcontract or subcontractor proposed by Palladian shall not create or purport to create any oblieation of the City to any such subcontractor, or any form of contractual relationship or relationship of privity between the City and the subcontractor. Upon approval or consent by the City . Palladian shall insert a clause so providing inall subcontracts. 18 20. RECORDS/RETENTION/INSPEC:TION. All finished or unfinished documents. data. studies, surveys, mans, models. photographs. reports or other materials arising from this contract shall. at the option of the City. become the property of the City., and Palladian shall be entitled to receive iust and equitable compensation for any satisfactory work completed on such documents or materials prior to the conclusion of the contract. The City may use. extend. or enlarge any document produced under the contract without the consent. permission of or further compensation to Palladian. All reports. including preliminary findings. interim reports. final recommendations and the work product thereof. shall be the exclusive property of the City of Buffalo: and any duplication, publishing or other use thereof by any person. including Palladian, without the prior. expressed, written authorization of the City. is strictly prohibited. Palladian further agrees that all records arising from or relating to work performed for the City under this contract shall be maintained for a period not less than three (.13) years after the expiration or termination of this contract. Section 20.1 Retention of Records Palladian shall retain all records. including records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findings. Records for non - expendable property acquired with funds under the contract shall be retained for three veais after final disposition of such property. Section 20.2 Inspection of Records All records with respect to any matters covered by this contract shall be made available to the •Citv or its designees at any time during normal business hours. as often as the City deems necessary. to audit, examine. and make excemts or transcripts of all relevant data. Section 20.3 Return of Records Upon termination of this contract. Palladian shall deliver all files. including but not limited to, all documents. data. notes. memoranda. reports. including preliminary findings. interim reports. final recommendations and the work product thereof. Other forms of information collected or received dtu•ine the term of the contract with the City. shall remain or become the exclusive property of the City and must be returned to the City at the termination of the contract period. 21. GENERAL M1rNICIPAL LAW 6109: ASSIGNMENT OF CONTRACTS In accordance with General Municipal Law 6109 you are hereby prohibited from assigning. transferring, conveying. subletting or otherwise disposing of this contract, or of any richt. title. or interests herein. or the power to execute such contract. to any other person or corporation without the previous consent in writing of the City. If any Contractor. to whom any contract is let. granted or awarded. as reauired by law, shall without the previous written consent of the City, assign. transfer. convey . sublet or otherwise dispose of this contract. or any richt. title or interest therein, or the power to execute such contract. to any 19 other person or corporation. the City shall have the unilateral right to revoke and annul such contract, and the City shall he relieved and discharged from any and all liability and obligations growing out of such contract to such Contractor. and to the person or corporation to which such contract shall have been assigned, transferred. conveyed. sublet or otherwise disposed of, and such Contractor, and his assignees, transferees or sub -lessees shall forfeit and lose all moneys. theretofore earned under such contract. except so much as may be reouired to nay his employees. The Provisions of this section shall not hinder. prevent. or affect an assignment by any such Palladian for the benefit of his creditors made pursuant to the laws of the State of New York. 22. GENERAL MUNICIPAL LAW &103-D: NON -COLLUSION In accordance with General Municipal Law 4103-d, if this contract was awarded based upon the submission of bids, Palladian affirms. under penalty of perjury. that it was arrived at independently and without collusion aimed at restricting competition. Palladian further affirms that. at the time Palladian submitted its bid. an authorized and responsible person executed and delivered to the City a non -collusive bidding certification on Palladian' behalf. In this connection. it should be noted that the fact that a bidder has Published price lists. rates or tariffs covering items being procured or has informed prospective customers of the proposed or vending publication of new or revised price lists for such items. or has sold the same items to other customers at the same price as being bid. does not constitute. without more, a disclosure to any other bidder or to any, competitor within the meaning of the non -collusive certification included in the form of proposal. 23. SECTION 220-E, LABOR LAW PROVISIONS IN CONTRACTS PROHIBITING DISCRIMINATION ON ACCOUNT OF RACE. CREED. COLOR OR NATIONAL ORIGIN IN EMPLOYMENT OF CITIZENS UPON PUBLIC WORKS. Every contract for or on behalf of the state or a municipality for the construction, alteration or repair of any public building or nublic work or for the manufacture, sale or distribution of materials. equipment or supplies shall contain provisions by which the Contractor with the state or muricinality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder. no Contractor. subcontractor. nor any person acting on behalf of such Contractor or subcontractor. shall by reason of race. creed. color. disability. sex or national origin discriminate against any citizen of the state of New York who is qualified and available to perform the work to which the employment relates: (h) That no Contractor. subcontractor. nor any person on his/her behalf shall. in anv manner. discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color . disability, sex or national origin: (c) That there may be deducted from the amount payable to the Contractor by the state, or municipality under this contract a penalty of fifty dollars for each person for each calendar day 20 during which such person was discriminated against or intimidated in violation of the Provisions of the contract: (d) That this contract may be canceled or terminated by the state or municipality. and all moneys due or to become due hereunder may be forfeited. for a second or any subseauent violation of the terms or conditions of this section of the contract: and (e) The aforesaid provisions of this section covering every contract for or on behalf of the state or municipality for the manufacture. sale or distribution of materials. eouinrnent or supplies shall be limited to operations performed within the territorial limits of the state of New York. 24. CITYOF BUFFALO LIVING WAGE Palladian shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code ti 96-191. if applicable. The ordinance applies to contracts in which the City nays or receives over $50.000 and the employer has at least ten (10) employees. It does not apply to contracts for professional services. Compliance includes: ✓ Paving all covered employees a living wage. Covered employees are all emnlovees, full or part-time. employed in. on, or for the Project or matter subiecf to the contract except persons employed in construction work covered pursuant to federal or state prevailing wage laws. ✓ Submitting guarterly 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 (2) conies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to emnlovees and applicants for employment are customarily posted. ✓ Informing emnlovees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms reauired to secure advance Earned Income Credit payments from Palladian. Palladian's violation of the ordinance will enable any aggrieved employee to file an action against the Palladian 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 Palladian fails to comely with the ordinance. 25. CONFLICT OF INTEREST Palladian represents that none of its emnlovees. officers. compensated members. or consultants benefiting from this contract are or for the duration of the term. of this contract will be employees of the City nor are their immediate family members employees ofthe City nor will their eannlovees. 21 officers. compensated members, or consultants obtain a financial interest under the terms of this contract. either for themselves or those whom they have immediate family or business ties. during their tenure or for one year thereafter, unless such potential conflict is identified and waived by the City. Violation of the terms of this section of the contract may warrant termination of this contract. Palladian shall report all conflicts of interest for review by the Commissioner of Human Resources. 26. CONFIDENTIALITY Palladian agrees that all information eathered in this process and all reports venerated from that information will be kept strictly confidential, with information to be disclosed solely to the City's authorized representatives as set forth herein. Palladian agrees to take all reasonable stens to safecuard the confidentiality of all candidate information. including but not limited to keening hard copies of documents in secure areas and taking stens to secure electronically stored information. Palladian further agrees that all records and information obtained either directly or indirectly by reason of this contract and the work performed thereto. shall not be sold. divulged. disclosed or communicated in any manner whatsoever to any third party without the prior written consent of the City. Palladian agrees to comply with all applicable Federal and State laws and regulations governing the use and rights of access to City records and information. These provisions shall remain in full force and effect for an indefinite neriod even after the termination of this contract. 27. SEVERABILITY Each and every provision and clause reauired by law to be inserted into this contract shall be deemed to be inserted and the contract shall be read and enforced as though such provisions and clauses were included herein. If. through mistake or otherwise. any provision is not inserted or is not correctly inserted, then upon the written consent of the parties, this contract shall forthwith be physically amended to make such insertion. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to he valid and enforceable. If a court finds that any provision of the contract is invalid or unenforceable, then such provision shall be deemed to be written, construed. and enforced as so limited. 28. WAIVERS 'The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract. 29. PRIOR APPROVALS The terms ofthis contract, including any and all extensions. modifications. or amendments thereto,, shall be subiect to the prior approval of the Buffalo Conunon Council. approval as to form by the Corporation Counsel. General Counsel for the Buffalo Urban Renewal Agency and it's board, General Counsel for the Buffalo Sewer Authority and its board and appro riation by the City Comptroller. 22 30. AMENDMENT This contract may be modified or amended if the modification or amendment is made in writing and executed by both parties subiect to all municipal approvals. 31. APPROPRIATION It is tmderstood by the parties that this contract. or any renewals therefor shall be executory only to the extent of monies available to the City and appropriated therefor, and no liability on account thereof shall be incurred by the City beyond monies available and appropriated for the nurnose thereof 32. ASSIGNMENT This contract contemplates the particular services of Palladian and Palladian shall not assien. transfer or otherwise dispose of this contract. or its right title and interest therein. to any person. firm or corporation. Nor shall the Contract be assignable or transferable by any process or proceeding in court or by inclement execution. receivership, proceeding in insolvency or. bankruptcy. 33. CONFLICT AND PRIORITY The Request for Proposals together those terms and provisions and attachments and components comprising Palladian' proposal found to be generally acceptable by the Citv are attached hereto and incorporated into this contract. In the event of any inconsistencies or conflicts between the terms and provisions of this contract. the Rearrest for Proposal. and/or Palladian' proposal, the provisions in the following rank order shall be controlling and take precedence: 1) Contract: 2) Request for Proposals: and 3) Palladian' ,Proposal. 34. ENTIRE AGREEMENT This contract represents the entire agreement of the parties and there are no other promises or conditions in any other agreement either oral or written. This Contract supersedes any prior written or oral agreement between the parties. 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Buffalo, New York, on the day and year first written above. IN WITNESS WHEREOF. the Citv and Contractor have caused this contract to be executed. PALLADI.AN HEALTH. LLC, Bv: Printed Name: Title: Date: CITY OF BUFFALO. Bv: Printed Name: Title: Date: BUFFALO SEWER AUTHORITY BUFFALO URBAN RENEWAL AGENCY Bv: Bv: Printed Name: Printed Name: Title: Title: Date: Date: 24 APPROVED AS TO CONTENT: APPROVED AS TO TORM ONLY: Date Date City of Buffalo Department of Corporation Counsel Human Resources 25 ACKNOWLEDGEMENT Stale of New York) County of Erie ) ss On day of in the Year before me the undersigned. personally appeared . personally, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity. and that by his/her signature on the instrument. the individual. or the person unon behalf of which the individual acted. executed the instrument. Notary Public State of New York) County of Erie ) ss On day of in the year . before me the undersigned. personally anpeared . 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/she acknowledged to me that he/she executed the same in his/her capacity. and that by his/her signature on the instrument. the individual. or the person upon behalf of which the individual acted. executed the instrument. Notary Public 26 State of New York) County of Erie 1 ss On clay of in the v ear . before me the undersigned. personally appeared . personally known to me or Droved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity. and that by his/her signature on the instrument, the individual. or the person upon behalf of which the individual acted. executed the instrument. Notate Public State of New York County of Erie ss On day of in the year . before the the undersigned_ personally appeared . ncrsonally known to me or pro�-ed to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity. and that by his/her signature on the instrument. the individual. or the neuron upon behalf of which the individual acted. executed the instrument. Notary Public 27 57' Palladian Employee Assistance Program Contract (HR) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated June 30, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of Human Resources to enter into an agreement between the City of Buffalo and Palladian Employee Assistance Program for the term of July 1, 2016 to June 30, 2017.. PASSED AYES — 8 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.OutlookU5MLCIHS\Enter agreement -Palladian EAP.docx 35 *AYE* NO * FEROLETO * * * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * ** * * * • WINGO * * * * * * • WYATT * ** _ _ * * * [] * * _ s _ [ MAJ - 5 ] * * [ 2/3 - 6 ] * * [ 3/4 - 7] 0 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY TO: .J- TO: The Common Council of the City of Buffalo FROM: Buffalo Municipal Housing Authority DATE: June 30, 2016 SUBJECT: TO APPROVE A SALARY INCREASE FOR ASSISTANT LEGAL COUNSEL IN THE BUFFALO MUNICIPAL HOUSING AUTHORITY In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Resolution No. 16.06.30.8 regarding the salary range for BMHA Assistant Legal Counsel that was approved by the BMHA Board of Commissioners at their regular meeting held on June 30, 2016. r� r% Davi E. Sanders -Garrett Executive Director 61,k BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD RESOLUTION MEMORANDUM TO: Board of Commissioners FROM: Dawn E. Sanders -Garrett, Executive Director DATE: June 30, 2016 SUBJECT: RESOLUTION NO. 16.06.30.8 TO APPROVE A SALARY INCREASE FOR THE POSITON OF ASSISTANT LEGAL COUNSEL DESCRIPTION OF ACTION TO BE TAKEN Members are requested to approve a salary increase for the position of Assistant Legal Counsel effective and retroactive to June 27, 2016, to reflect a seven step salary range with a minimum of $79,491 to a maximum of $93,621. Incumbents will be assigned a salary step within the range, as recommended by the General Counsel based on qualifications and experience, subject to approval of the Executive Director. In accordance with Section 32 of the Public Housing Law, the proposed salary increase is contingent upon approval of the Common Council of the City of Buffalo. BACKGROUND/HISTORY The Assistant Legal Counsel position has not received a wage increase since July 1, 2010. The proposed salary increase will align the salary with the BMHA General Counsel salary, which was upgraded in 2012. The Assistant Legal Counsel position was recently vacated as the incumbent resigned. In accordance with the BMHA Recruitment Policy, the vacated position was recently posted internally and externally on the City of Buffalo website. The increase is requested in order to attract and retain a qualified attorney with extensive knowledge and experience that is integral in meeting the demands of the position. Prepared for the BMHA Board of Commissioner June 30, 2016 TO APPROVE A SALARY INCREASE FOR THE POSITOIN OF ASSISTANT LEGAL COUNSEL RESOLUTION NO. 16.06.30.8 WHEREAS, the BMHA Assistant Legal Counsel position has not received a salary increase since July 1, 2010; and WHEREAS, the proposed salary increase will be more in line with the General Counsel salary; and WHEREAS, the salary increase is proposed in order to attract and retain a qualified attorney with extensive knowledge and experience; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COMMISSIONERS OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY: Hereby approves the revised salary for Assistant Legal Counsel with a range of $79,491 - $93,621 effective and retroactive to June 27, 2016, contingent upon final approval by the Common Council of the City of Buffalo. TO: David Rodriguez DATE: June 30, 2016 The following action was taken at the Authority Meeting of June 30. 2016 Approved _x Disapproved Tabled Receive & File Ratified _ Other Remarks: cc: Modesto Candelario Theresa Spagna Executit Dir'1ctor Approval a Salary Increase for Assistant Legal Counsel in the Buffalo Municipal Housing Authority (BMHA) Mr. Rivera moved: That the above item be, and the above communication from the Executive Director of the Buffalo Municipal Housing Authority, dated June 30, 3016, be received and filed; That the Common Council hereby approves a salary increase for the position of Assistant Legal Counsel in the Buffalo Municipal Housing Authority, effective and retroactive to June 27, 2016, to reflect a seven step salary range with a minimum of $79,491 to a maximum of $93,621. PASSED AYES 8, NOES 0 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W b\Salary Increase-BMIiA.docx ;11' FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] * * * [MAJ-5] * * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] FROM THE CITY CLERK July 5, 2016 '310 City of Buffalo Board of Ethics Meeting Minutes Tuesday, April 19, 2016 Members in Attendance: Douglas Coppola, Gerald Chwalinski, James Magavern, Cavette Chambers, Elizabeth Harped, Richard Sullivan & Eleanor Paterson. Quorum New Business: 1) 2016 BOE Code of Ethics Financial Disclosures status: 100% of City Departments and 100% City Board members have submitted their form. 2) A City employee is seeking BOE opinion regarding any possible conflict of interest regarding his employment and his volunteer services at a not-for-profit corporation. This request was submitted by counsel on behalf of the employee. No conflict of interest was determined by BOE. 3) A complaint was submitted by a local resident asking for BOE's legal opinion regarding an action allegedly committed by a City of Buffalo employee on off hours. It was determined that the situation was not within the BOE's jurisdiction. Old Business: 1. Cavette drafted an amended Business Travel Itinerary form for review by BOE. Approval of the February 23, 2016 minutes. Received and filed. Next meeting is scheduled for Tuesday, June 21, 2016 RECEIVED AND FILED Q`'` 0161 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 128 Gehesee St 1081 Elmwood 1356 East Delavan 65 Vandalia St 346 Connecticut Two Fountain Plaza 228 Franklin RECEIVED AND FILED July 5, 2016 Business Name Marsa Y Mezcal Payne's on Elmwood 1356 East Delavan Lakewood Spirits Nickel City Majed Darwood-'Farah Mes Lounge Owner's Name Sergio Mucino.Victpr Gonzale Alex Georgradis Walter Cole Lazarus Properties LLC Jill Foster Hyatt Regency Katana Lounge REQUEST FOR WAIVER. OF THE 30 DAY MUNICIPALITY NOTIFICATION Date 06/20/2016 To the Mayor of the City of Buffalo: Please be advised that a waiver of the 30 day notification is being requested by MEZCAL 2, INC dba MASA Y MEZCAL, located at 128 GENESEE ST, BUFFALO, NY 14203 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: SERGIO R. MUCINO 71 ALLEN ST BUFFALO, NY 14202 724-953-7586 VICTOR PARRA GONZALEZ 385 RHODE ISLAND BUFFALO, NY 14213 716-745-7141 LANDLORD: SIGNATURE DEVELOPMENT OF WNY, LLC 391 WASHINGTON ST BUFFALO, NY 14203 716-861-5385 Thank You, If such waiver is granted, please fax, e-mail or forward it to: Robert 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 opia-rev 01 /22/16 YORK es.:7(341EW STATE STE4TEOF OPPORTUNITY, Q Original State Liquor Authority OFFICE USE ONLY Q Amended Date Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 1 of 2 of Form) 1. Date Notice Was Sent: 16/20/2016 I 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 ❑ Renewal [j 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:IBUFFALO Applicant/Licensee Information 4. License Serial Number, if Applicable: (PENDING 1 Expiration Date, if Applicable: IN/A 5. Applicant or Licensee Name: IMEZCAL 2, INC 6. Trade Name (if any): (MASA Y MEZCAL 7. Street Address of Establishment: 1128 GENESEE STREET 8. City, Town or Village: (BUFFALO ( ,NY Zip Code :114203 9. Business Telephone Number of Applicant/Licensee: (724-953-7586 10. Business Fax Number of Applicant/Licensee: IN/A 11. Business E-mail of Applicant/Licensee: Ismucino71@gmail.com 12. Type(s) of Alcohol sold or to be sold: ❑ 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: 'Restaurant (Full Kitchen & Full Menu required 15. Method of Operation: (Check all that apply) ❑ Seasonal Establishment ❑ Juke Box ❑ Disc Jockey ® Recorded Music ❑ Karaoke Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): (LATIN, MIXED ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters [] Security Personnel 0 Other (specify): I 16. Licensed Outdoor Area: ❑ None (g. Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ® Sidewalk Cafe ❑ Other (specify):( Page 2 bpia-rev 01/22/16 yQ Original STATE oPPOR UNITY. State Liquor Authority OFFICE USE ONLY 0 Amended Date Standardized NOTICE FORM for Providing 30-Dav Advanced Notice to a Local Municipality or Community Board (Pace 2 of 2 of Form) Q#) 49 17. List the floor(s) of the building that the establishment is located on: 1ST & 2ND 18. List the room number(s) the establishment is located in within the building, if appropriate: 1ST -BAR, DiNING, KITCHEN, PREP AREA, RESTROOM,STORAGE 2ND -BAR, DINING, RESTROOM, STORAGE, OFFICE 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? ®Yes QNo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? ()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. IN/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: (SIGNATURE DEVELOPMENT OF WNY, LLC 24. Building Owner's Street Address: 1391 WASHINGTON STREET 25. City, Town or Village:1BUFFALO 1 State: INY , Zip Code :114203 26. Business Telephone Number of Building Owner: 1716-861-5385 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: (ROBERT HEIL 28. Street Address: 15008 MOUNT VERNON BLVD 29. City, Town or Village: 'HAMBURG _ State: 1NY 1 Zip Code :114075 30. Business Telephone Number of Representative/Attorney: 1716-512-5018 31. Business Email Address : Imyteambob@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: ISERGIO R. MUCINO 1 Title (PRESIDENT Signature: X , o iL 4, c/v/ d Page 3 opla-rev 01/22/16 erfNEW YORK STATE OF OPPORTUNITY. Q Original State Liquor Authority OFFICE USE ONLY Q Amended Date 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 1 of 2 of Form) 1. Date Notice Was Sent: (June 24, 2016 1 a. Delivered by: !Personal Delivery with Proof of Receipt 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:(City of Buffalo Applicant/Licensee Information 4. License Serial Number, if Applicable: 13005928 1 Expiration Date, if Applicable: 'Mar 31, 2017 5. Applicant or Licensee Name: 11081 Elmwood Avenue, Inc. 6. Trade Name (if any): 1Pano's on Elmwood 7. Street Address of Establishment: 11081 Elmwood Ave. 8. City, Town or Village: 'Buffalo I ,NY Zip Code :114222 9. Business Telephone Number of Applicant/Licensee: 1716-886-9081 10, Business Fax Number of Applicant/Licensee: 1 11. Business E-mail of Applicant/Licensee: 'pano@panosonelmwood.com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider Ili Wine, Beer & Cider ® Liquor, Wine, Beer & Cider 13. Extent of Food Service: 14. Type of Establishment: 15. Method of Operation: (Check all that apply) Full food menu; ❑ Full Kitchen run by a chef or cook !Restaurant (Full Kitchen & Full Menu required Menu meets legal minimum food availability requirements; Food prep area at minimum Seasonal Establishment ❑ Juke Box ❑ Disc Jockey •® Recorded Music ❑ Karaoke ® Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): 'small band, jazz trio ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games LI Third Party Promoters ❑ Security Personnel [] Other (specify): 1 16. Licensed Outdoor Area: ❑ None [1]Patio or Deck ElRooftop E1Garden/Grounds 1:11Freestanding Covered Structure (Check all that apply) ® Sidewalk Cafe (] Other (specify): Page 2 opla-rev 01/22/16 erf—PIEWYORK STATE OF OPPORTUNITY. 0 Original State Liquor Authority OFFICE USE ONLY 49 O Amended Date Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 2 of 2 of Form) 17. List the floor(s) of the building that the establishment is located on: (first and second floor (basement) 18. List the room number(s) the establishment is located in within the building, if appropriate: entire building 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? *Yes QNo 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. 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: 11011 Elmwood Avenue Inc. 24. Building Owner's Street Address: 1081 Elmwood Avenue 25. City, Town or Village:IBuffalo 1 State: 1NY 1 Zip Code ;14222 26. Business Telephone Number of Building Owner: 716-886-9081 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: Chanel T. McCarthy, Esq. 28. Street Address: 1424 Main Street, Suite 1820 29. City, Town or Village: (Buffalo 1 State: NY 1 Zip Code :114222 30. Business Telephone Number of Representative/Attorney: 1716-332-0032 31. Business Email Address : cmccarthy@knoergroup.com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 32. Printed Name: Alex Georgiadis 1 Title President Signature: X Page 3 1 rev 1/22/16 NEWYORK STATE OF OPPORTUNJTY. 0 Original State Liq or Authority OFFICE USE ONLY 0 Amended Date Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 1 of 2 ) 1 nate Notice Was Sent ( j in Delivered by (Ps'rcnnwl I ery with Prnnf of Raroipt 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License 0 New Application [J Renewal 0 Alteration 0 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. El! 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:I Buffalo, New York Applicant/Licensee Information 4. License Serial Number, if Applicable: I I Expiration Date, if Applicable: I 5. Applicant or Licensee Name: I Bennett -Wells American Legion Post # 1780 6. Trade Name (if any): I same 7. Street Address of Establishment: 11356 East Delavan Avenue 8. City, Town or Village: I Buffalo I ,NY Zip Code:I 14215 9. Business Telephone Number of Applicant/Licensee: 1716-449-6668 10. Business Fax Number of Applicant/Licensee: 1 11. Business E-mail of Applicant/Licensee: colecac40@yahoo.com 12. Type(s) of Alcohol sold or to be sold: j Beer & Cider 0 Wine, Beer & Cider 0 Liquor, Wine, Beer & Cider 13. Extent of Food Service: 0 Full food menu; 0 Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: (Club Liquor / American Legion Organization 15. Method of Operation: ❑ Seasonal Establishment 0 Juke Box 0 Disc Jockey 0 Recorded Music 0 Karaoke (Check all that apply) ❑ Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): I ❑ Patron Dancing C1 Employee Dancing Exotic Dancing E Topless Entertainment J Video/Arcade Games 0 Third Party Promoters 0 Security Personnel 0 Other (specify): I 16. Licensed Outdoor Area: ❑ None 0 Patio or Deck 0 Rooftop 0 Garden/Grounds 0 Freestanding Covered Structure (Check all that apply) [] Sidewalk Cafe 0 Other (specify): I rev 1/22/16 17. List t OFFICE USE ONLY Q Original 0 Amended Date NEWYORK State LiquorSTAT OF "CIRTUP9ITY. Authority )1 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 2 of 2) 18. List the room number(s) the establishment is located in within the building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? QYes @ No 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. five 22. Does the applicant or licensee own the building in which the establishment is located? @ Yes (If Yes SKIP 23-26) 0 No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: (Bennett -Wells American Legion Post # 1780 24. Building Owner's Street Address: ( 1356 East Delavan Avenue 25. City, Town or Village:( Buffalo State: ( New York ( Zip Code :114215 26. Business Telephone Number of Building Owner: ( 716-449-6668 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: ( 30. Business Telephone Number of Representative/Attorney: 1 31. Business Email Address : 1 State: ( I Zip Code:( 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: ( Walter J. Cole 1 Title 11st Vice Commander Signature: X tint Forth 4 opla-rev 11/13/2013 OFFICE USE ONLY 0 Original Q Amended Date State of New York Executive Department Division of Alcoholic Beverage Control State Liquor Authority 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Pace 1 of 2 of Form) 1. Date Notice was Sent: (mm/dd/yyyy) 106/20/2016 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 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 BoardlOffice of the Clerk, City of Buffalo Applicant/Licensee Information 4. License Serial Number, if not a New Application:1 1 Expiration Date, if not a New Application:1 5. Applicant or Licensee Name: 'Mainspring LLC 6. Trade Name (if any): 1Lakeward Spirits 7. Street Address of Establishment: 165 Vandalia Street, Suite 1 8. City, Town or Village: !Buffalo ,NY Zip Code :114204 9. Business Telephone Number of Applicant/Licensee: 1(716) 997-0504 10. Business Fax Number of Applicant/Licensee: 1 11. Business E-mail of Applicant/Licensee: lchris@lakewardspirits.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) I Beer Only ❑ Wine & Beer Only ® Liquor, Wine & Beer 13. Extent of Food Service: ("X" One) Restaurant (Sale of food primarily; Full Tavern/Cocktail Lounge/Adult Venue/Bar (Alcohol food menu; Kitchen run by chef) ❑ sales primarily; Meets legal minimum food availability requirements Recorded Music ® Live Music ® Disc Jockey ® Juke Box ❑ Karaoke Bar ❑ Stage Shows [] Patron Dancing (small scale) El Cabaret, Night Club (Large Scale Dance Club) ❑ Catering Facility 14. Type of Establishment: ("X" all that apply) ❑ Capacity of 600 or more patrons 0 Topless Entertainment ❑ Restaurant ❑ Hotel ❑ Recreational Facility (Sports FacilityNessel) ❑ Club (e.g. Golf Club/Fraternal Org.) ❑ Bed & Breakfast ❑ Seasonal Establishment / 15. Licensed Outdoor Area: ❑ None ® Patio or Deck ❑ Rooftop ("X" all that apply) ❑ Sidewalk Cafe ❑ Other (specify): ..Garden/Grounds ❑ Freestanding Covered Structure Page 2 opla-rev 11/13/2013 State of New York Executive Department Division of Alcoholic Beverage Control State Liquor Authority OFFICE USE ONLY 0 Original Q Amended Date 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Pace 2 of 2 of Form) 16. List the floor(s) of the building that the establishment is located on: 1, 2 17. List the room number(s) the establishment is located in within the building, if appropriate: Suite 1 18. Is the premises located with 500 feet of three or more on -premises liquor establishments? El Yes ® No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? ® Yes ❑ No 20. Does the applicant or licensee own the building in which the establishment is located? ("X" One) ❑ Yes (If Yes SKIP 21-24) ® No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: (Lazarus Properties, LLC 22. Building Owner's Street Address: 165 Vandalia Street 23. City, Town or Village:'Buffalo 1 State: NY 1 Zip Code :14204 24. Business Telephone Number of Building Owner: (716) 465-5158 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: Brian Lewandowski 26. Attorneys Street Address: 1721 Center Road 27. City, Town or Village: Buffalo 1 State: NY 1 Zip Code : 28. Business Telephone Number of Attorney: 1(716) 647-4710 29. Business Email Address of Attorney: blewandowski@lewandowskiandassoc.com 14214 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:1Christopher Sasiadek Signature: X 1 Title 'Member Page 3 opla-rev 01/22/16 OFFICE USE ONLY 0 Original 0 Amended Date 1 NEWYORK OF State.Liquor STATE OPPORTUNITY.. Authority 6'o 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Pace 1 of 2 of Form) 1. Date Notice Was Sent: I 1 a. Delivered by: 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License Eg 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:l Applicant/Licensee Information 4. License Serial Number, if Applicable: l Expiration Date, if Applicable: l 5. Applicant or Licensee Name: 13 (i (, ( r, J - -L 6. Trade Name (if any): l 1\.)� c �, &-U (Attu 4 .e reco.1-i ( e 7. Street Address of Establishment: I '� .( Co Coln.ec h W4- S r ree+ 8. City, Town or Village: 1 k 0V-41„ ,NY hip Code :1 f' f 21 3 9. Business Telephone Number of Applicant/Licensee: I '1 1 (0 ^ g ea. 2066 10. Business Fax Number of Applicant/Licensee: 1 11. Business E-mail of Applicant/Licensee: 13 f v ; C:e l l GL j,. 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider 2 Wine, Beer & Cider ❑ Liquor, Wine, Beer & Cider ,r>, l,-, tiY 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: 1 , r J- 15. Method of Operation: ❑ Seasonal Establishment D Juke Box 0 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): 1 16. Licensed Outdoor Area: ® None ❑ Patio or Deck ElRooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): Page 2 opla-rev 01/22/16 EXiliEW STATE q OPPORTUNITY. 0 Original State Liquor Authority OFFICE USE ONLY 0 Amended Date 4! Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to i Local Municipality or Community Boarc (Pace 2 of 2 of Form 17. List the floor(s) of the building that the establishment is located on: I 4- 18. List the room number(s) the establishment is located in within the building, if appropriate: 8 41 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? QYes No 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. 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) allo Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: 1 L( (D Com, F7 ec 'r'i)1 1 rvi L.L. 24. Building Owner's Street Address: I cLa job N\rf i„ 0 5 u2- 25. City, Town or Village:I S,Q„ l State: I Y 26. Business Telephone Number of Building Owner: 1016- & '' i . 6 0'1 (, I ZipCode:I /c/1'Z 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: I 28. Street Address: 29. City, Town or Village: I State: I I Zip Code :1 30. Business Telephone Number of Representative/Attorney: J 31. Business Email Address : 1 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: I J `I ( L abek--,— Signature: X 1 Title I t)re cls - Page 3 O HYATT REGENCY' June 14, 2016 Mr. Gerald Chwalinski Office of the Buffalo City Clerk 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski, Hyatt Regency Buffalo has been a long time business in the City of Buffalo. We hold a current NY State Liquor License #3003931 that we are looking to amend. We have (2) outdoor patio space that we have not utilized in the past, but would now like to allow food and beverage to be served in. We are not adding a point of sale outside, or doing any new construction. We simply would like to be able to serve and allow our guests to consume alcohol and food on the patio spaces. In order to do this, we must amend our New York State Liquor License to include that space, as it was not in the original application many years ago. We are also applying for the proper City of Buffalo Sidewalk Cafe permit and following the guidelines outlined therein. This letter is being provided as our notice of intent to apply for this modification to the New York State Liquor Authority. If you have any questions, or need further information from us regarding this matter, please do not hesitate to contact Shannon O'Hara by phone at (716) 855-4864 or email: shannon.o'hara@hyatt.com. Thank Your Majed Da ood-Farah General ''anager HYATT REGENCY BUFFALO Two Fountain Plaza T +1 716 856 1234 Buffalo, NY 14202 F +1 716 852 6157 USA buffalo.hyatt.com y�� opia-rev 01/22/16 NEWYORK STATE OF OPPORTUNITY, O Original State Liquor Authority OFFICE USE ONLY O Amended Date 60 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 1 of 2 of Form) 1. Date Notice Was Sent: 16/28/2016 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 El 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:IBuffalo City Clerk Applicant/Licensee Information 4. License Serial Number, if Applicable: 'Pending I Expiration Date, if Applicable: 'Pending 5. Applicant or Licensee Name: IKatana Lounge, LLC 6. Trade Name (if any): 1Mes Lounge 7. Street Address of Establishment: '228 Franklin Street 8. City, Town or Village: 'Buffalo I ,NY Zip Code :114202 9. Business Telephone Number of Applicant/Licensee: 1347-654-9125 10. Business Fax Number of Applicant/Licensee: IN/A 11. Business E-mail of Applicant/Licensee: Imeynarduy@gmail.com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider ® Liquor, Wine, Beer & Cider 13. Extent of Food Service: El 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: IBartravern 15. Method of Operation: ❑ Seasonal Establishment ® Juke Box ® Disc Jockey ® Recorded Music ® Karaoke (Check all that apply) ® Live Music (Give details: i.e, rock bands, acoustic, jazz, etc.): ® Patron Dancing [] Employee Dancing 0 Exotic Dancing ❑ Topless Entertainment El Video/Arcade Games ❑ Third Party Promoters 0 Security Personnel [] Other (specify): 16. Licensed Outdoor Area: ❑ None ® Patio or Deck ❑ Rooftop ❑ Garden/Grounds ElFreestanding Covered Structure (Check all that apply) [] Sidewalk Cafe ❑ Other (specify): Page 2 opla-rev 01/22/16 cif 7:`u : t•,' a��rot i. '31. OFFICE USE ONLY 0 Original 0 Amended Date Aw '03( 49 Standardized NOTICE FORM for Providinp 30 -Jay Advanced Notice to a Local Munid alaty :• r Community Soaird (Page 2 of 2 of Form) 17. List the floor(s) ofthe building that the establishment is located on: (Ground Floor and Basement 18. List the room number(s) the establishment is located in within the building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? ()Yes ONo 20. Wilt 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. IN/A 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) ® No N/A Owner of the Building in Which the Licensed Establishment Is Located 23. Building Owner's Full Name: (Southwest Holdings, LLC 24. Building Owner's Street Address: 16850 Main Street 25. City, Town or Village:IWitliamsville I State: INY I Zip Code :114221 26. Business Telephone Number of Building Owner: (716-912-4002 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: !Robert Romano Esq. 28. Street Address: 18 Palmer Place 29. City, Town or Village: (Armonk 1 State: (NY 1 Zip Code :110504 30. Business Telephone Number of Representative/Attorney: 1914-500-3196 31. Business Email Address: (romanolaw@gmail.com lam 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: (Meynard Punzalan I Title (LLC Member Signature: X Page 3 016 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 - X City Clerk Julia Paul X Assessment and Taxation- Kevin Hannon Public Works, Streets & Parks - X Police- Kate McKeating. Timothy O'Rourke. Patrick Pascal Kate McKeating Fire - Corporation Counsel - Community Services - Economic Development & Permit and Inspection Services - Management Information Systems Administration, Finance & Urban Affairs - Human Resources - Civil Service Commission - RECEIVED AND FILED. July 5, 2016 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: June 29, 2016 FROM: DEPARTMENT: Assessment and Taxation DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx), TEXT: (TYPE SINGLE SPACE BELOW) [: Kevin Hannon [: Medical Leave of Absence [: G [: The Department of Assessment and Taxation is granting Kevin Hannon an eight (8) month medical leave of absence without pay from his permanent position of Assessor in the Department of Assessment and Taxation, from June 28, 2016 through and including February 28, 2017. Under Article XI, Leave of Absence Without Pav, Section 11.1(A), General, of the current Agreement Between the City of Buffalo and Local 650, such leave may be granted. TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: V.\--N-0-A-6, J SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: June 15, 2016 POLICE SUBJECT: { : UNPAID LEAVE OF ABSENCE I: PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Kate McKeating, assigned to the Commissioner' s Office (Video Surveillance Room), has been granted an extension to her medical leave of absence without pay for the period of 7 days commencing June 16, 2016 through June 22, 2016. DD/tlo TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Daniel Derenda Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12e (10/12) DATE: NAME: *SSN: ((Sill Vn Q n(\c-.Kc (A --k (- XXx-)X- -3100( U *LAST FOUR (4) DIGITS ONLY* RANK: ASSIGN: NMI) I) U -1-"n CD ,' V Sf< TYPE OF LEAVF4:I EDUCATIONAL 0 MATERNITY 0 EMPLOYMENT 0 PERSONAL 0 FMLA (SEE BELOW) ❑ MEDICAL 0 (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 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: -T. 5iCv' (4 MC CCVCLO l� DATES OF LEAVE: BEGINNING DATE: (L' )'Il( END. DATE: •(G 2 2_ 11 e RETURN TO WORK DATE: 4) 2-3 1 I LENGTH OF LEAVE: 1 LIWJk 4) EMPLQ\YEFp SIGNATURE , 1 �P nl \MCl&a:EI �5 i rn e I i R PPROVED / 0 DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) 9/(°' POLICE INSPECTOR • DATE APPROVED / 0 DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP ANT1L EQUIPMENT) COMMISSIONER OF,PO CE 7 DATE I . I! Ic I. I11ilii 11 cc: ORIGINAL - ADMINISTRATION AND FINANCE (PERSONNEL FILE) CIVIL SERVICE ADMINISTRATION COMMANDING OFFICER REQUESTING EMPLOYEE PAYROLL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: ne 21.2016 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) 6\‘' Lt. Timothy O'Rourke, assigned to the E -District, has been granted a personal leave of absence without pay for the period of 37 days commencing June 20, 2016 through July 26, 2016. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Co Toner oLPolice SIGNATURE OF DEPARTMENT HEAD: P -12e (10/12) DATE: NAME'75 W. 1 r_ `E J R L)\ , *SSN: XXX -XX- '��.\1 ASSIGN: RANK: L r *LAST FOUR (4) DIGITS ONLY* TYPE OF LEAVE: EDUCATIONAL 0 MATERNITY 0 EMPLOYMENT 0 PERSONAL . FMLA (SEE BELOW) ❑ MEDICAL u (MUST ATTACH MEDICAL` ; MILITARY 0 (MUST ATTACH DOCUMENTATION) ,— ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE (THE INTERMITTANT FMLA 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 REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: DATES OF LEAVE: j / BEGINNING DATE: ! 2ID 1 6, END DATE: I/ / RETURN TO WORK DATE: LENGTH OF LEAVE: dy Cj J MPLOYEE SIGNATURE KAP OVED ❑ D (APPROVAL CONDITIONED UPON SURRENDER OF DEPART AL EQUIPMENT) POLICE INSPECTOR Z/76 `DATE APPRO D -1 NIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPART NTAL QUIPMENT) C ?�/G COMMISSIONER OF POL` GE--- DA Cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) CIVIL SERVICE ADMINISTRATION COMMANDING OFFICER REQUESTING EMPLOYEE PAYROLL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: ne 22.2016 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) Lt. Patrick Pascall, assigned to the A -District, has been granted an extension to his military leave of absence without pay for the period of 370 days commencing June 20, 2016 through June 30, 2017. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12e (10/12) DATE: . L -10 g#, 676?1 y . NANE: / 7I dr 561/1 *SSN: XXX -XX- Q6 72 *LAST FOUR (4) DIGITS ONLY* idi I I I TM: O1+ T,EAV1 : EDUCATIONAL 0 EMPLOYMENT 0 FMLA (SBE BELOW) 0 MILITARY (MUST ATTACH ORDERS) RANK: 447-. 6%/i/6 ASSIGN: 11 111 11 111111 MATERNITY 0 PERSONAL 0 MEDICAL . 0 (MUST ATTACH MEDICAL DOCUMENTATIOoS ^-- c • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) ISA 12 WEEK LEAVE (THE INTERMITTENT FMLA ISA ISA 12 WEEK / 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LFAVB 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 OFTHIRTY (30) DAYS; MAST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO D0 SO WILL RESULT INTHE REVOCATIONOF THE LEAVE OFABSENCE AND THE CARRYING OFTRE MEMBER AV BEING AWOL EXPLANATION OF LEAVE: • geC6 E.54 A/64/ CiiedJ--7R6.5 yMf., lug fo 7pc .ivnUf -t, • DATES OF LEAVE: BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: APPRO Ohv2O/& ?)i 3T 9/020/.7 970 th/5 EMPLOYEE SIGNATURE VAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR (APPROVAL CONDITIONED UPON SURRENDER OF DEPART COMMISSIONER OF POLICE II I cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) CIVIL SERVICE ADMINISTRATION //C .ISATE MENT) REQUESTING EMPLOYEE PAYROLL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: Tune 23, 2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. (Item No. xxx. C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Kate McKeating, assigned to the Commissioner's Office (Video Surveillance Room), has been granted an extension to her medical leave of absence without pay for the period of 28 days commencing June 23, 2016 through July 20, 2016. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: r -12e o un z) DATE: NAME: *SSN: Kate. Yli)c. KQr�h on, XXX -XX- lP *LAST FOUR (4) DIGITS ONLY* TYPF OF T,FAVF,: Ili II 1 hill„ ,I EDUCATIONAL 0 EMPLOYMENT 0 FMLA (SEE BELOW) 0 • MILITARY 0 (MUST ATTACH ORDERS) RANK: D ASSIGN: CU(Ylrn . c) e . / VS -1Q, MATERNITY PERSONAL MEDICAL 0 0 frifP (MUST ATTACH MEDICAL DOCUMENTATION) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) ISA 12 WEEK LEAVE (THE INTERMITTENT FMLA ISA 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: 'E.k`%oeDij - C r iCCSL Le-a-vl., DATES OF LEAVE: BEGINNING DATE: END. DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: 43 APPROVED / 0 DENIED l-OaLc4LJ Ketii- EMPLOYEE SIGNATURE 6 '• YY1ckG I �1�5 PROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) (-POLICE-INSPECTOR APPROVED / 0 DENIED (n ;DATE (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) W2,1 • COMMISSIONER OF POLICE Cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) CIVIL SERVICE ADMINISTRATION COMMANDING OFFICER DATE REQUESTING EMPLOYEE PAYROLL July 05, 2016 Gerald A. Chwalinski Buffalo City Clerk 65 Niagara Square, Room 1308 Buffalo, NY 14202 Dear Mr. Chwalinski: I hereby request renewal of my leave of absence beginning August 10, 2016 from my permanent position as Laborer II, so that I may continue in my appointed position as Senior Legislative Assistant in the Legislative Staff office of the Common Council for the duration of my appointment. Thank you for your consideration in this matter. Sincerely, (Y Julia A. Paul Sr. Legislative Assistant Common Council Staff 016 1 G No. Reports of Acting Time I transmit herewith notifications received by me, reporting Acting Time, in the various departments as listed: Mayor/Mayor Executive- Comptroller - Common Council - Assessment and Taxation - Public Works, Streets & Parks- Police- Fire- Corporation arks-Police-Fire- Corporation Counsel - Community Services - Economic Development & Permit and Inspection Services - Management Information Systems Administration, Finance & Urban Affairs - x Parking- Theresa Nicholas. Michael Falzone. Nichoals Schaefer Human Resources - Civil Service Commission - RECEIVED AND FILED. July 5, 2016 41) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 21 2016 FROM: DEPARTMENT: Parking SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Acting Time [: [: G We would like to inform Your Honorable Body that the following empoloyees will be paid acting time. Theresa Nichols filled in as Dispatcher in Parking Enforcement on June 8, 2016. The Dispatcher was off on paid leave. She will be paid acting time since her permanent title is Laborer II. This is in accordance with the Local 264 union contract. Michael Falzone filled in as Parking Enforcement Officer in Parking Enforcement on June 11,June 12, June18, and June 19, 2016. No Parking Enforcement Officers were available to fill the shifts. He will be paid acting time since his permanent title is Laborer II. This is in accordance with the Local 264 union contract. Michael Falzone filled in as Dispatcher in Parking Enforcement on June 15, 2016. The Dispatcher was off on paid leave. He will be paid acting time since his permanent position is Laborer II. This is in accordance with the Local 264 union contract. Nichoals Schaefer filled in as Tow Truck Operator in Parking Enforcement on June 6, June 7, June 8, June 9 June 10, June 15, and June 17, 2016. There was no Tow Truck Operator available to work the shifts. He will be paid acting time since his permanent title is Parking Meter Mechanic. This is in accordance with the Local 264 union contract. SIGNATURE /K'; DEPARTMENT HEAD TITLE : Commissioner 016±.7 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 x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED July 5, 2016 y-� #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE June 17, 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 June 15, 2016, in Room 1038 City Hall:. Herbert L. Bellamy, Jr., Chairman John D. Kennedy Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor Petrucci, Secretary Absent: none DEPARTMENT HEAD NAME: Oluwole A. McFov, P.E. TITLE: General Manager SIGNATURE OF DEPARTMENT HEAD: #4 (Rev 7-07) O16 Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 07/01/2016 Common Council City Clerk Legislative Aide Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 40,407 LAST JOB TITLE Laborer II LAST DEPARTMENT City Clerk/Records Manage DATE LAST SALARY $34,319 LAST JOB TITLE LAST DEPARTMENT LAST SALARY UNCLASSIFIED NON-COMPETITIVE FLAT NAME Linda L. Anderseh ADDRESS 38 Albemarle CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX- 9024 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10221001 BUDGET ACCT. OBJ. 411001 SALARY RANGE OF POSITION REASON FOR APPT. ABOVE THE MINIMUM: PROJ. ID TITLE CODE NO 2690 PERSONNEL REQ. NO 5691 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING AUTHORITY: City Clerk DATE: SIGNATURE OF APPOINTING AUTHORITY: 4,44,6ir (10-6_ .. m}. ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) 016y 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: 07/01/2016 in the Department of Common Council Division of Masten District to the Position of Assistant Legislative Aide II Permanent,Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 35,705.00 UNCLASSIFIED NON-COMPETITIVE FLAT LAST JOB TITLE Assistant Legislative Aide NAME Veola Brooks LAST DEPARTMENT Masten District DATE ADDRESS 261 Rodney Ave LAST SALARY $30,123 CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX- 3707 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CML SERVICE BUDGET ORG. CODE 10104001 TITLE CODE NO 3705 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5689 SALARY RANGE OF POSITION 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: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE! OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE. #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) 01620 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: 07/01/2016 in the Depaituient of Common Council Division of Council Staff to the Position of Sr Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 52,406 UNCLASSIFIED NON-COMPETITIVE FLAT LAST JOB TITLE Legislative Assistant NAME Malcolm A. Ertha LAST DEPARTMENT Council Staff DATE ADDRESS 211 Oxford Ave Apt 2 LAST SALARY $45,893 CITY & ZIP Buffalo, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX- 6147 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 3699 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5688 SALARY RANGE OF POSITION 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: / ! &. OF APPOINTING AUTHORITY: 7�f . � � . � _ . , SIGNATURE ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) j 1 0 1 Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A", have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 07/01/2016 in the Department of Division of to the Position of Common Council Delaware District Sr Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 52,406 UNCLASSIFIED NON-COMPETITIVE FLAT LAST JOB TITLE Legislative Assistant NAME Timothy Richards LAST DEPARTMENT Delaware District DATE ADDRESS 759 Tacoma Ave LAST SALARY $45,893 CITY & z►P Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX- 8893 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - BUDGET ORG. CODE 10105001 BUDGET ACCT. OBJ. 411001 SALARY RANGE OF POSITION NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE REASON FOR APPT. ABOVE THE MINIMUM: PROJ. ID NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING AUTHORITY: City Clerk DATE: SIGNATURE OF APPOINTING AUTHORITY: 114,6,6( TITLE CODE NO 3699 PERSONNEL REQ. NO 5690 PER YEAR DAY HOUR YEAR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) 01622 Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 07/01/2016 Common Council Delaware District Legislative Assistant Permanent, Provisional, Temporary; Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 45,893 UNCLASSIFIED NON-COMPETITIVE FLAT LAST JOB TITLE Legislative Aide NAME Jason A. Hurley LAST DEPARTMENT Delaware District DATE ADDRESS 1546 Delaware Ave LAST SALARY $40,407 CITY & ZIP Buffalo, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX- 5460 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - BUDGET ORG. CODE 10105001 BUDGET ACCT. OBJ. 411001 SALARY RANGE OF POSITION NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE REASON FOR APPT. ABOVE THE MINIMUM: PROJ. ID NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING AUTHORITY: City Clerk DATE: SIGNATURE OF APPOINTING AUTHORITY: TITLE CODE NO 3580 PERSONNEL REQ. NO 5692 PER YEAR DAY HOUR YEAR cL4t9t):10_- 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) 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. July 5, 2016 J #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Depai Intent of Division of to the Position of June 27, 2016 Common Council Fillmore District Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -3550 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX - BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION UNCLASSIFIED NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE 10102001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Martin J. Sawma 73 Flower St., Apt 1 Buffalo 14214 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR Gerald A. Chwalinski City Clerk 4Ju a 21, 2016 M(0 CAA , 1778 5605 HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 07/05/2016 Common Council North District Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Fiat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ $13.06/hr UNCLASSIFIED NON-COMPETITIVE HOURLY LAST JOB TITLE NAME Dennis Rivera LAST DEPARTMENT DATE ADDRESS 138 Lawn Ave LAST SALARY CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX- 5631 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 (0 1Uo?. 00 1 BUDGET ACCT. OBJ. 41 „,p0� SALARY RANGE OF POSITION REASON FOR APPT. ABOVE THE MINIMUM: PROJ. ID NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING AUTHORITY: City Clerk DATE: SIGNATURE OF APPOINTING AUTHORITY: Ad (i,_14M 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) TITLE CODE NO ✓� PERSONNEL REQ. NO 5-47D5 5 PER YEAR DAY HOUR YEAR 016r24 No. Appointments -Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. July 5, 2016 #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: JUNE 27, 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 LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME CARRIE S. FISHER ADDRESS 572 POTOMAC AVENUE CITY & ZIP BUFFALO, NY 14222 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 BUDGET ACCT. OBJ. 412001 PROJ. ID SALARY RANGE OF POSITION REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 1778 PERSONNEL REQ. NO PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DATE: JUNE 27, 2016 SIGNATURE OF APPOINTING AUTHORITY: 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) c, < No. Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. July 5, 2016 6 #4 (Rev 7-07) Certificate of Appointment \c,094 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: (,)- 0 /i in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -5084 NAME Peter Massicci ADDRESS 157 Ramsdell Ave. Apt.# 3 CITY & ZIP Buffalo 14216 LAST JOB TITLE NAME Reginald Nealy LAST DEPARTMENT DATE ADDRESS 447 Sherman St. LAST SALARY CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -XX -0888 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-286 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/17/16 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) #4 (Rev 7-07) Certificate of Appointment 615 yr9) In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (,)42.60, Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SE -ASO -NAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -6928 DATE LAST 4 DIGITS OF SSN. XXX -XX -4832 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAM E ADDRESS CITY & ZIP 14160001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6117116 Adrian Guadalupe 19 Northampton St. #604 Buffalo 14209 Jonathan Hanover 1807 Elmwood Ave. #107 Buffalo 14207 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-286 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment 643( \\9/ In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 4' /26 PO in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL AL 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 LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -1127 NAME Hector Coco ADDRESS 235 Lisbon Ave. CITY & ZIP Buffalo 14215 LAST JOB TITLE NAME Aaron Gervas LAST DEPARTMENT DATE ADDRESS 960 Amherst St. Apt. #3 LAST SALARY CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -1308 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-286 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/17/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of � It211(42 Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 SEASONAL NON-COMPETITIVE HOURLY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -8360 DATE LAST 4 DIGITS OF SSN. XXX -XX -3399 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NAME ADDRESS CITY & ZIP 14160001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/17/16 Brenden Robinson 124 Cantwell Dr. Buffalo 14220 Nicholas Yant 1807 Elmwood #107 Buffalo 14207 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-286 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) CrtcL Certificate of Appointment siv/o In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (P /2..G Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -2990 NAME Chr stopt er`Bridt ett ADDRESS 836 LEQoy CITY & ZIP Buffalo LAST JOB TITLE NAME Quentin Bryant LAST DEPARTMENT DATE ADDRESS lat. lat.fan -CIcu.k At`� LAST SALARY CITY & ZIP A) FP,3 to I %? i - LAST 4 DIGITS OF SSN. XXX -XX -6379 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-286 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: is Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/17/16 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- EMPLOYEES) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4126 DATE LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP 14160001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6120116 LeTonio Johnson 238 Davidson Ave. Buffalo 14215 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-286 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPS TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of ()/o7 Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME Kiam Gunn LAST DEPARTMENT DATE ADDRESS 489 Stockbridge Ave. LAST SALARY CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -5254 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-286 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: I Commissioner DATE: 6121116 i SIGNATURE OF APPOINTING AUTHORITY: i /:- • ORIGINAL + 2 CORIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective:/„/, in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME Troy Hampton LAST DEPARTMENT DATE ADDRESS 307 Stockbridge Ave. LAST SALARY CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -8806 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-113 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: /-z,,', Steven J. Stepniak Commissioner 6/21116 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 C S TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of �Ptzz/�k� Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL :'^L Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Fiat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -5419 NON-COMPETITIVE HOURLY NAM E ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST4 DIGITS OF SSN. XXX -XX -2167 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14160001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6121116 Ryan Hofschneider 579 Starin Ave. Apt. 1 Buffalo 14216 Deontay Love 36 Birch PI. Apt. 2 Buffalo 14215 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-286 PER YEAR DAY HOUR HOUR 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- EMPLOYEES) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of te/2//(-7 Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 NON-COMPETITIVE HOURLY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -2898 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -6562 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14160001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/21/16 DeQuinn Saunders 123 Beard Ave. Buffalo 14214 Stephen Schulz 445 Abbott Rd. Rear Upper Buffalo 14220 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-286 PER YEAR DAY HOUR HOUR 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- EMPLOYEES) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (-)/401//k) Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -3860 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -6957 BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14160001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/21/16 Allysa Taborn 76 Knox Ave. Buffalo 14216 Vincent Workman 191 Orleans St. 3B Buffalo 14215 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-286 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPITO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of i Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EnS�� ^. ONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -2461 NON-COMPETITIVE HOURLY NAME Patrick Boechel ADDRESS 43 Rutland St. CITY & ZIP Buffalo 14220 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -3549 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22116 Peter DeJesus Jr. 99 Albert Ave. Buffalo 14207 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9624 2015-285 HOUR ORIGINAL + 2 COPIESTO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment N(14/Y In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -9992 NAME Patrick Isch ADDRESS 317 Woodside Ave. CITY & ZIP Buffalo 14220 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -9264 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Daniel Lopez 23 Lorraine Ave. Buffalo 14220 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-285 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Depattutent of Division of to the Position of (0/ 300 Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Fiat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -6307 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -8260 BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Louis Megna 476 Northland Ave. Buffalo 14211 Andrew Merkl 146 Downing St. Buffalo 14220 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-285 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment -/yr0/ 6 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: (o/30 cj") in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -3727 NAME Matthew Merkl ADDRESS 146 Downing St. CITY & ZIP Buffalo 14220 LAST JOB TITLE NAME Giovanni Orsene LAST DEPARTMENT DATE ADDRESS 73 Alsace Ave. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -5641 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-285 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 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) #4 (Rev 7-07) Certificate of Appointment yyr• In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -3980 DATE LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6122/16 James Wojcik 152 East St. U PPE Buffalo 14207 TITLE CODE NO 9624 PERSONNEL REQ. NO 2015-285 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE), OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: (I` / 30 PO in the Department of PublicWorks, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME Cariq Culver LAST DEPARTMENT DATE ADDRESS 222 Massachusetts Ave. LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX -4713 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ,Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/29/16 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) #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: (e I 3 0 ) 1 `p in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -9270 NAME Blake Banks ADDRESS 76 Rickert Ave. CITY & ZIP Buffalo 14211 LAST JOB TITLE NAME Nassir Battles LAST DEPARTMENT DATE ADDRESS 103 Shirley Ave. Lower LAST SALARY CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -5021 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/27/16 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) #4 (Rev 7-07) Certificate of Appointment 6G.° yon7 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 3 0 / in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -7180 NAME Griffin Cascio ADDRESS 27 Groveland St. CITY & ZIP Buffalo 14214 LAST JOB TITLE NAME Andrew Christensen LAST DEPARTMENT DATE ADDRESS 42 Mayer Ave. LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX -1669 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/27/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 430 // Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4941 NON-COMPETITIVE HOURLY NAME Devin Connor ADDRESS 96 Lockwood Ave. CITY & ZIP Buffalo 14220 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -9202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 Joshue Cruz 32 E. Jasper Parrish Dr. Buffalo 14207 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE). OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: (' 0 I I (0 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -1212 NAME Jenna Cully ADDRESS 92 Shenandoah CITY & ZIP Buffalo 14220 LAST JOB TITLE NAME Gena Donald LAST DEPARTMENT DATE ADDRESS 32 E. Jasper Parrish Dr. LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX -5361 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/27/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COO 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) #4 (Rev 7-07) Certificate of Appointment riv In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -2802 DATE LAST 4 DIGITS OF SSN. XXX -XX -9884 REFERRED TO THE COMMITTEE ON CIVIL SERVICE SEASONAL NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP Terris Garner Jr. 423 Riley St. Buffalo 14208 NAME Ariana Gonzalez ADDRESS 80 Page St. CITY & ZIP Buffalo 14207 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment \ro> In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 0301( co Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -828 DATE LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP 4 NAME ADDRESS CITY & ZIP 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 Craig Herndon 215 Brunswick Blvd. Buffalo 14214 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S), #4 (Rev 7-07) Certificate of Appointment L In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of co/ aa .30M0 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4497 NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -4897 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 Alex Hernandez 178 Riverside Ave, Buffalo 14207 Alexandra Kane 258 Eden St. Buffalo 14220 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment riVO' In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (d30// Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION SEASONAL NON-COMPETITIVE (Insert one) HOURLY $ 13.06 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -7619 DATE LAST 4 DIGITS OF SSN REFERRED TO THE ittpaaoi 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: . XXX -XX -4897 NAM E ADDRESS CITY & ZIP COMMITTEE ON CIVIL SERVICE Steven J. Stepniak Commissioner 6/27/16 Marcus Kinsley 125 Ideal St. Buffalo 14206 Alexander Lutkoff 468 Richmond Ave. Buffalo 14222 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 Cc5I 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) #4 (Rev 7-07) Certificate of Appointment dc1ro* In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 001/ Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -3265 NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -5985 REFERRED TO THE COMMITTEE ON CIVIL SERVICE ( 9,bO 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: 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) Steven J. Stepniak Commissioner 6/27/16 Cameron Mack 118 W. Humboldt Pkwy. Buffalo 14214 Nomar Martinez 161 Chadduck Ave. 0 PPEP.- Buffalo 14207 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9270 2015-259 HOUR #4 (Rev 7-07) Certificate of Appointment vAr)2 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of o/a)// Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -4244 NAM E ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -6717 REFERRED TO THE COMMITTEE ON CIVIL SERVICE IW -A 2.061 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27116 Nicholas Martone 112 Cunard Rd. Buffalo 14216 Zachery McGuire 40 Eden St. Buffalo 14220 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9270 2015-259 HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (e(-2)0 // Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -6780 DATE LAST 4 DIGITS OF SSN REFERRED TO THE 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COO S 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) . XXX -XX -2275 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP COMMITTEE ON CIVIL SERVICE Steven J. Stepniak Commissioner 6/27/16 Kristen McMahon 112 Elgas St. Buffalo 14207 Kyaw Zin Oo 390 Plymouth Apt. 1 Buffalo 14213 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL 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 LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -8277 NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -9732 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 Zachary Ortiz 185 Columbus Ave. Buffalo 14220 Gerlad Pierre 109 Garner Ave. Buffalo 14213 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9270 2015-259 HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: (12 J 611 i in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -3979 NAME Joshua Register ADDRESS 547 Ashland Ave. CITY & ZIP Buffalo 14222 LAST JOB TITLE NAME Alexander Sanchez LAST DEPARTMENT DATE ADDRESS 79 Marine Dr. Apt. 8E LAST SALARY CITY & ZIP Buffalo 14202 LAST 4 DIGITS OF SSN. XXX -XX -5709 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/27/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4047 DATE LAST 4 DIGITS OF SSN. XXX -XX -5789 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP Edurijez Sanchez 79 Hampshire St. Buffalo 14213 NAME Elijah Smith ADDRESS 99 Albert Ave. CITY & ZIP Buffalo 14207 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COSIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment \94) r'714' In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 034/0 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -2116 SEASONAL NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -4618 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 Sean TyTk 73 Densmore St. Buffalo 14220 Katara Willis 136 Victoria Ave. Buffalo 14214 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE). OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment , V \06,,,, In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of le/ 304 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 SEASONAL NON-COMPETITIVE HOURLY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -9602 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -8409 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 Justin Wynn 94 Hoyt St. Buffalo 14213 Kali Zuppinger 51 Eaglewood Ave. Buffalo 14220 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE' OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment rt0/ 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: �' 30/1 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -8267 NAME Hannah Annunziata ADDRESS 84 Shenandoah Rd. CITY & ZIP Buffalo 14220 LAST JOB TITLE NAME Lawrence Boll LAST DEPARTMENT DATE ADDRESS 123 Gorski St. LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -1866 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/21/16 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) #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: (.U' 30 II / C9 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -5106 NAME Nicholas Borkowski ADDRESS 76 Fredro St. CITY & ZIP Buffalo 14206 LAST JOB TITLE NAME William Brown LAST DEPARTMENT DATE ADDRESS 329 Cable St. LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -4544 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/21/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Depai tnient of Division of to the Position of (0 136 (Ib Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. . SALARY RANGE OF POSITION $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -6959 DATE LAST 4 DIGITS OF SSN. XXX -XX -2486 REFERRED TO THE COMMITTEE ON CIVIL SERVICE SEASONAL NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP Isaiah Cornfield 52 Mandan St. Buffalo 14216 NAME Nicholas Conklin ADDRESS 401 Eden St. CITY & ZIP Buffalo 14220 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6121116 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9270 2015-259 HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (3o / Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -1031 NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -6903 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6121116 David Croom 460 Hewitt Ave. Buffalo 14215 Isabella Cross 95 Shoreham Pkwy. Buffalo 14216 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9270 2015-259 HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -0294 NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -1602 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6121/16 Patrick Danahy 179 Tuscarora Rd. Buffalo 14220 Olivia Dugan 114 Coolidge Rd. Buffalo 14220 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE). OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment \9,0 \r/ In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (01 30) Rto Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4290 NON-COMPETITIVE HOURLY NAM E ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -9853 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ.ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6121/16 Andrea Elbaneh 391 Mackinaw St. Buffalo 14210 Aniesa Elbaneh 391 Mackinaw St. Buffalo 14210 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR / ORIGINAL + 2 COPIESTO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment ki\\ Yvw'' In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of bi:30// Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Fiat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -8665 DATE LAST 4 DIGITS OF SSN. XXX -XX -2792 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME Nukia Funderburk ADDRESS -59 Wood Ave. CITY & ZIP Buffalo 14211 NAME ADDRESS CITY & ZIP 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6122/16 Rylie Gallivan 814 Richmond Ave. Buffalo 14222 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (a/ 30/icy Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4268 NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -2196 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 GyLe� Flannan Gould 3 Willink Ave. Buffalo 14210 Jeremiah Horrigan 60 Whitehall Ave. Buffalo 14220 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9270 2015-259 HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -0765 SEASONAL NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -6468 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 2-P David Hulett 163 Hedley PI. Buffalo 14208 Elwood Hulett 163 Hedley PI. Buffalo 14208 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIESTO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES' #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: (0/30)/(C) in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -9381 NAME James Hynes ADDRESS 76 Shenandoah Rd. CITY & ZIP Buffalo 14220 LAST JOB TITLE NAME Zachary Isch LAST DEPARTMENT DATE ADDRESS 317 Woodside Ave. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -1896 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 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- EMPLOYEES' SIGNATURE OF APPOINTING AUTHORITY: #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 47,6 )/(0 Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -3974 HOURLY NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -7028 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Jordan Jeffries 218 Comstock Ave. Buffalo 14215 Neil Keane Jr. 62 Hansen Ave. Buffalo 14220 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 6/30 //' Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION SEASONAL NON-COMPETITIVE (Insert one) HOURLY $ 13.06 • NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -7738 NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -0562 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6122116 Isaiah Kennedy 77 Waverly St. Buffalo 14208 Sierra LaBorgne 87 Stevenson St. Buffalo 14220 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of (e/ Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX - SEASONAL NON-COMPETITIVE HOURLY NAME Daniel Martinez ADDRESS 48 Lester St. CITY & ZIP Buffalo 14210 NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -5702 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Shannon McGrath 71 Paul Pl. Buffalo 14210 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES' #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 00 I/ (0 Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -9504 DATE LAST 4 DIGITS OF SSN. XXX -XX -3002 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAM E ADDRESS CITY & ZIP 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Maura McMahon 49 Turner Ave. Buffalo 14220 Xignia Morales 151 Riverside Ave. Buffalo 14207 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: Ola 0 ji in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -7454 NAME Megan Morcio ADDRESS 102 S. Pierce St. CITY & ZIP Buffalo 14206 LAST JOB TITLE NAME Madison Nieves LAST DEPARTMENT DATE ADDRESS 39 Plymouth Ave. LAST SALARY CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX -XX -3115 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 - PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 SIGNATURE OF APPOINTING AUTHORITY: �l ORIGINAL + 2 CO ES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment \(14\o -P In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of' the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -4795 NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -8022 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: Steven J. Stepniak Commissioner 6/22/16 SIGNATURE OF APPOINTING AUTHORITY: Saafir Northington 56 Parker Ave. Buffalo 14214 Shane Palistrant 25 Mayer Ave. Buffalo 14207 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR 9270 2015-259 HOUR ORIGINAL + 2 COPfES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of' Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective:3 3/ �j/ in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -5230 NAME Thomas Parshall ADDRESS 179 Tuscarora Rd. CITY & ZIP Buffalo 14220 LAST JOB TITLE NAME Elizabeth Pasnik LAST DEPARTMENT DATE ADDRESS 117 Coolidge Rd. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -0589 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 00 // Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST 'SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -0873 DATE LAST 4 DIGITS OF SSN. XXX -XX -5540 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6122/16 Enrique Perez 46 Frontenac Ave. Buffalo 14216 Elizabeth Petrella 1180 Amherst St. Buffalo 14216 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -5380 NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -5366 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Habibur Rahman 79 Sidney St. Buffalo 14211 Edgar Rodriguez 26 Argus St. Buffalo 14207 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 0/46 Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION SEASONAL NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4867 NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -0694 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Margaret Scherer 55 Kenefick Ave. Buffalo 14220 Elijah Serrano 548 Plymouth Ave. Buffalo 14213 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment ti In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 3 61/ ( in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -7622 NAME Kelly Sprague ADDRESS 569 Perry St. CITY & ZIP Buffalo 14210 LAST JOB TITLE NAME Elizabeth Staniszewski LAST DEPARTMENT DATE ADDRESS 128 Norman Ave. LAST SALARY CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX -7273 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 6/ 3c//0 Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -6553 SEASONAL NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -7540 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Jamir Walker 235 Schuele Ave. Buffalo 14215 Emily Weimer 131 Kamper Ave. Buffalo 14210 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -5601 NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -4070 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22/16 Natassia West 30 Humber Ave. Buffalo 14215 September Williams 1325 Main St. Apt. 317 Buffalo 14209 TITLE CODE NO 9270 PERSONNEL REQ. NO 2015-259 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: '; //(C in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -1604 NAME Jaisen Zulawski ADDRESS 748 S. Division St. CITY & ZIP Buffalo 14210 LAST JOB TITLE NAME David Bette!! LAST DEPARTMENT DATE ADDRESS 64 Fuller St. LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX -5470 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-259 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE1 OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) 6 vfflz Certificate of Appointment ls�� 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: 03(4/(C) in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -6853 NAME Connor Budzinski ADDRESS 153 Indian Church Rd. CITY & ZIP Buffalo 14210 LAST JOB TITLE NAME Antonio Cicelske LAST DEPARTMENT DATE ADDRESS 128 Carmel Rd. Wag LAST SALARY CITY & ZIP Buffalo 14214 LAST 4 DIGITS OF SSN. XXX -XX -0423 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-258 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/27/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPT `f TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION SEASONAL NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -7273 NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -8682 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/27/16 Evan Hughes 49 Wellington Rd. Buffalo 14216 Joshua Koester 147 Royal Ave. Buffalo 14207 TITLE CODE NO 9271 PERSONNEL REQ. NO 2015-258 PER YEAR DAY HOUR HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment \rAt o)` 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: (0 /30 MO in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME D'Andre Nicholas LAST DEPARTMENT DATE ADDRESS 8 W. Cleveland Dr. LAST SALARY CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -6066 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-258 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/27/16 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- EMPLOYEES) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: K' I g d / ((0 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -4318 NAME Brett Andersen ADDRESS 149 Montrose Ave. CITY & ZIP Buffalo 14214 LAST JOB TITLE NAME Noah Atkisson LAST DEPARTMENT DATE ADDRESS 52 Cazenovia St. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -9293 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-258 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 CO�FES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE). OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment 070-' q3) 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: (0 l 3() 11Y in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -9420 NAME Desmond Brown ADDRESS 187 Butler Ave. CITY & ZIP Buffalo 14208 LAST JOB TITLE NAME Kevin Cully LAST DEPARTMENT DATE ADDRESS 92 Shenandoah LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -1057 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-258 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COP4ESTO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: ( (U / I I� in the Depaitment of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -0396 NAME Ahmed Elbaneh ADDRESS 391 Mackinaw St. CITY & ZIP Buffalo 14210 LAST JOB TITLE NAME Aidan Gould LAST DEPARTMENT DATE ADDRESS 3 Willink Ave. LAST SALARY CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX -6427 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-258 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/22/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 601/0 Public Works, Parks & Streets Parks Supervising Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL ONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -4561 DATE LAST 4 DIGITS OF SSN. XXX -XX -2387 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE HOURLY NAM E ADDRESS CITY & ZIP NAM E ADDRESS CITY & ZIP 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22116 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) Brenda LaBorgne 26 Argus St. Buffalo 14207 Ashley Murdoch 105 Baxter St. Buffalo 14207 TITLE CODE NO 9271 PERSONNEL REQ. NO 2015-258 PER YEAR .DAY HOUR HOUR #4 (Rev 7-07) Certificate of Appointment V147)' In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 61 30 ),(b Public Works, Parks & Streets Parks Supervising Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY NON-COMPETITIVE (Insert one) HOURLY $ 13.06 DATE LAST 4 DIGITS OF SSN. XXX -XX -0302 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -2013 BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE 14222001 412002 PROJ. ID $13.06 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6/22116 Kathleen Scherer 55 Kenefick St. Buffalo 14220 Brazil Thompson 55 Colfax Ave. Buffalo 14215 TITLE CODE NO 9271 PERSONNEL REQ. NO 2015-258 PER YEAR DAY HOUR HOUR 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) 0162G 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. July 5, 2016 #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Coll 7/icy Public Works, Parks & Streets Buildings Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ 24,377 (Step 11) Truck Driver (Prov) DPW DATE 6/16 $24, 377 LAST 4 DIGITS OF SSN. XXX -XX -2115 BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE MINIMUM NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP 13234001 411001 PROJ.ID $24,377 - $34,139 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: /z Steven J. Stepniak Commissioner 6/15/16 SIGNATURE OF APPOINTING AUTHORITY: Sasiya Davis 20 Oxford Ct. Buffalo 14204 TITLE CODE NO 9622 PERSONNEL REQ. NO 2015-260 PER YEAR DAY HOUR YEAR ORIGINAL + 2 COPT TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: (C) 1 Q7 / I in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 24,377 (Step 11) LAST JOB TITLE Seasonal Laborer II NAME Shaquille Holman LAST DEPARTMENT DPW DATE 6/16 ADDRESS 61 Watson St. LAST SALARY $13.06 hr. CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -9485 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME . ADDRESS. CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-233 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: 6/23/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 CO 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- EMPLOYEES) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 6/20/16 Administration, Finance, Policy and Urban Affairs Treasury Junior Collection Officer permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open -Competitive, Promotional, Non -Competitive, (Insert one) OPEN -COMPETITIVE OPEN_CO,1MPETITIVE iJ'T '1�.. IST-4i^G T"L�-'"iTf7`0��.i Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 35,348. LAST JOB TITLE NAME Bridget Bonfante LAST DEPARTMENT DATE ADDRESS 201 Wellington Rd LAST SALARY CITY & ZIP Buffalo NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -4073 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 115560001 TITLE CODE NO 0708 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-263 SALARY RANGE OF POSITION 35,348-38,955 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Michael A. Seaman TITLE OF APPOINTING. AUTHORITY: Director of Treasury and Collections DATE: .61116/16 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) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: �t.A-111 e a0 f in the Department of Parking Division of Parking Violations Bureau to the Position of Junior Traffic Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 34,013 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -1581 NAME Janiece N Sims ADDRESS 107 Cunard Rd CITY & ZIP Buffalo NY 14216 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 11475001 TITLE CODE NO 0179 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-241 SALARY RANGE OF POSITION $34,013 - $37,379 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING. AUTHORITY: Commissioner of Parking DATE: j()E' /3 2J(4) / 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) #3 (Rev 1-02) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of June 20, 2016 Assistant to Assessor Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non -Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM LEnter Starting Salary) : Starting Salary of: $35,403 LAST JOB TITLE Private Sector NAME lan Wildman Kamery LAST DEPARTMENT DATE ADDRESS 99 Russell Street LAST SALARY CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -5006 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 10647001 TITLE CODE NO 0649 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2015-169 SALARY RANGE OF POSITION $35,403 - $39,164 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Martin F. Kennedy TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: June 8, 2016 Y)11c & SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) NON -OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS July 5, 2016 CITY COURT OF BUFFALO CRAIG D. HANNAH CITY COURT JUDGE Mr. Gerald S. Chwalinski, City Clerk 1308 City Hall 65 Niagara Square Buffalo, New York 14202 Dear Mr, Chwalinski: 50 DELAWARE AVENUE BUFFALO, NEW YORK 14202-3898 June 17, 20.16 SUITE 600 (716) 845-2633 FAX: (716) 847-2936 Re: Board of Ethics Nominating Committee Kindly allow this letter to serve as notification that Dr. Eleanor Paterson and Richard Sullivan, Esq. have been nominated for reappointment to the City of Buffalo Board of Ethics. Thank you for time and attention in this regard. Should you require my further assistance, please do not hesitate to call on me. CDH/ Very truly yours, Craig D, Hannah Nominating Committee Chair cc: Hon. Byron W. Brown, Mayor, City of Buffalo Ms. Sharon R. Adler Appointment — City of Buffalo Board of Ethics Mr. Rivera 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 confirms the reappointment of Dr. Eleanor Paterson and Richard Sullivan, Esq. to serve on as members of the City of Buffalo Board of Ethics. PASSED PASSED 8, NOES 0 C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Appointment Board of Ethics.docx *AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * * * WINGO * * * WYATT * * * [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] * * * * 0 6'3 FERAL CAT FOCUS OF WNY INC. P.O. Box 404, East Aurora, NY 14052 1-888-902-9717 (toll free) www.feralcatfocus.org Fit FOCUS June 28, 2016 Dear Council President Pridgen and the Buffalo Common Council, As you may know back in 2014 Council President Pridgen requested a City of Buffalo Cat Task Force to be formed. It was made up of the City of Buffalo Animal Shelter, SPCA serving Erie County, Operation PETS; the Spay/Neuter Clinic of WNY, and of course Feral Cat FOCUS Inc., as well as the UB Pro Bono Law Students and some prominent people in the community. These meetings lead to the passing of TNVR, Trap/Neuter/Vaccinate/Return for the city of Buffalo, to help with the over abundance of free roaming cats in the city, and to encourage residents to alter and vaccinate their cats. There seems to be some misinformation about the TNVR program. The information which is reaching the residents of the City is not in accordance with what Council President Pridgen, and the City of Buffalo Cat Task Force had agreed upon in the almost year and a half sessions of meetings. We are hoping this matter can be easily cleared up by some direct communication between the Council and the City of Buffalo Cat Task Force. Feral Cat Focus and a few of the members of the Task Force request a meeting with the Council, to go over a few key points, and to help the Council members disseminate this information to their constituents. I am asking that this letter be sent to the Common Council's Committee of Community Development so the Task Force can disseminate this information publically. We are further looking for future funding to be appropriated to pay for informational material which can be distributed to Council offices and handed out to the residents of the City of Buffalo, explaining TNVR and where to get help in altering animals, and some ideas on how to deal with cat related nuisance issues. Thank you for your time, Edie M. Offhaus Co-founder Feral Cat FOCUS Inc REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. 5 ULYSEES O. WINGO, SR. MASTEN DISTRICT COUNCIL MEMBER 65 Niagara Square City Hall 1414 Buffalo, NY 14202 Phone: (716) 851-5145 TO: FROM: Date: RE: 0169 Common Council CITY OF BUFFALO MEMORANDUM Gerald Chwalinski Council Member Ulysees 0. Wingo Sr. July 5, 2016 Letter to Judge Patrick Carney, Buffalo Housing Court CHAIRMAN EDUCATION COMMITTEES CIVIL SERVICE COMMUNITY DEVELOPMENT MINORITY BUSINESS ENTERPRISE LEGISLATIVE ASSISTANT FRANK GARLAND III OFFICE ADMINISTRATOR VEOLA D. BROOKS I would like to file the attached information for the next Common Council meeting to be held on July 5, 2016 Hon. Ulysees 0. Wingo Sr. Masten District Council Member REFER`° TO THE COMMIT=TEE ON COk'd��'�UNITY DEVELOPMENT. June 20, 2016 Judge Honorable Patrick M. Carney Housing Court Judge Buffalo, NY 14202 Dear Judge Carney: RE: 193 Leroy Avenue I was in your court room several months ago regarding the above mentioned property. This property still has not been occupied. We have called the Mayor's Resolution Center several times. The residents across the street are very unhappy with this property During the winter months the sidewalks were never shoveled, during summer the grass was never cut. I took it upon myself to speak with the two gentlemen whom I assume will be in your court room on 6/21/2016. This would be the owner and his son from Manhattan, New York. They seem to take my conversation very lightly, almost to dismiss me. Not only is the outside of the property and eyesore and very health hazard, the inside of the property is very unsafe. These purchasers of properties seem to think that they can just come into your court room and give you a sad story and it is okay. The neighborhood is extremely angry when it comes to this type of behavior. We are attempting to keep the vacant properties up on our own. This is a very tiring job for senior citizens and tax payers. The owner of the property hired someone just last week off the street to cut the grass and clean around the property at my request. The garbage bag is still sitting in front of the property when garbage day is every Thursday. Please do not be sensitive to their conversation, when they feel it is okay to do whatever they choose to do. I am unable to attend your court session at this time due to a previous engagement. Sincerely, Rogerleen Williamson Leroy Avenue Block Club President Cc: Ulysses 0. Wingo, Masten District Councilmember Brian Higgins, Housing Inspections Phyllis Harris Masten Liaison 6/23/2016 ERIE.GOV 1 Your infot mation raseurce from the govci mnent of Erie Count., Nov York Real Property Parcel Search Real Property Tax Services ." COUNTY ELECTED COUNTY LIVING IN EXECUTIVE 'OPPICIALS DEPARTMENTS ERIE COUNTY VISITING ERIE COUNTY GROWING YOUR BUSINESS IN ERIE COUNTY (O STATE Zr REGIONAL MUNICIPALITIES General lnforination Auction & Foreclosure Real Property Parcel Search Forms Tax Payments & Inquiry Tax Maps STAR Program Home Real Property Parcel Search Real Property Information Parcel Status ACTIVE City\Town Buffalo Village S -B -L 89.52-4-2 Owner SOWROB ENTERPRISES INC. 2/ SWIS 140200 Property Location 193 LEROY Mailing Address AHMED KAMRAN 1/3 INT. Property Class 482 DET ROW BLDG Line 2 Assessment 26800 Line 3 Taxable 26800 Street 8812 170TH ST Desc 155. E FILLMORE City/State JAMAICA NY Desc W/PC 31 X 90 ON EL Zip 11432 Deed Book 11269 Deed Page 2629 Frontage 35 Depth 222 Acres 0 Year Built Square Ft Beds Baths FirePlace School BUFFALO SCHOOL DIST Owner History Tax Payment History Goole maps Click Here Owner Name Property Address ERIE.GOV 1 Site Map 1 Contact Us Username: • Password: • � l � Log in {Last Name First} or LA, _. u.........n ,,.:,. 1....rc. Art. -few nhr.On_ rool_nrnnorht-narral_cparrh No./ Street USER IQGIN Search 1/1 61.620 Common Council CITY OF BUFFALO RASHEED N.C. WYATT UNIVERSITY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1508 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851-5165 • FAX: (716) 851-4580 E-mail: rwyatt@city-buffalo.com Website: http://www.city-buffalo.com June 22, 2016 Christopher P. Scanlon South District Council Member City Hall, Room 1401 Buffalo, NY 14202 CHAIR CIVIL SERVICE COMMITTEES CLAIMS COMMUNITY DEVELOPMENT FINANCE SENIOR LEGISLATIVE ASSISTANT SANDRA D. MUNSON DORIS CORLEY Re: 16-1207 Com May 24 Property Manager License Keith Keene, 235 N. Bryant St (EDPI) Dear Council Member Scanlon: Cleaner Estates, LLC who oversees several properties in the University District is requesting a manager's license approval. Unfortunately, I am unable to agree with approving this request until the owner and/or his proposed management company provides a written action plan to address the property conditions that are noted on the attached item. My district is plagued with absentee landlords that are more than willing to collect rent and less willing to maintain their properties. In fact one.of the properties is in housing court to date. I respectfully ask that you notify Cleaner Estates of my decision and not approve this item until significant action has been taken to rectify the issues. Sincerely, REFERRED TO .THE COMMITTEE ON LEGISLATION. .-_,„,),u_e_60t.e, Wet- Rasheed N.C. Wyatt UNIVERSITY DISTRICT COUNCIL MEMBER Attachment: Property Exterior Inspection for Cleaner Estates, LLC, University District RW/dc "Unity in University" Property Exterior Inspection for Cleaner Estates, LLC Property Address 45 Merrimac Street, Buffalo NY 14214 598 Lisbon Avenue, Buffalo NY 14215 152 Rounds Ave. Buffalo, NY 14215 380 LaSalle Ave. Buffalo, NY 14215 146 Shirley Ave. Buffalo, NY 14215 246 Comstock Ave. Buffalo, NY 14215 51 Comstock Ave. Buffalo, NY 14215 1326 Kensington Ave. Buffalo, NY 14215 26 Alice Ave. Buffalo, NY 14215 77 Davidson Ave. Buffalo, NY 14215 52 Phyllis Ave. Buffalo, NY 14215 411 Dartmouth Ave. Buffalo, NY 14215 344 Dartmouth Ave. Buffalo, NY 14215 411 Berkshire Ave. Buffalo, NY 14215 148 Hazelwood Ave. Buffalo NY 14215 204 Easton Ave. Buffalo, NY 14215 120 Courtland Ave. Buffalo NY 14215 32 Millicent Ave. Buffalo, NY 14215 100 Roosevelt Ave. Buffalo, NY 14215 89 Roosevelt Ave. Buffalo, NY 14215 57 Harriet Ave. Buffalo, NY 14215 98 Wilkes Ave. Buffalo, NY 14215 160 Courtland Ave. Buffalo, NY 14215 68 Roma Ave. Buffalo, NY 14215 584 East Amherst Street. Buffalo NY 14215 52 Custer Street Buffalo NY 14214 57 Hazelwood Ave. Buffalo, NY 14215 171 Newburgh Ave. Buffalo NY 14215 630 Eggert Rd. Buffalo NY 14215 University District Property Conditions Violations, currently in housing court Window sill and soffit on left side of house needs repair Few minor repairs, some debris around house Good Condition 70% of roof shingles are curled- needs to be replaced Broken down pool, Broken shingles in front of house, debris in back Good Condition Good Condition Gutter on right is damaged and missing. Rear of property facing Bickford Ave over grown brushes blocking sidewalk Good Condition Good Condition Roof is starting to curl, minor paint issue on window sills Good Condition Could not locate Good Condition Good Condition Needs exterior paint, roof old, overgrown Vegetation, for sale Roof Curling Good Condition Tree overgrown on top of house Boarded windows, trim needs paint, broken glass in driveway Roof needs attention, front porch steps are not level Good Condition Overgrown vegetation Good Condition Needs siding repairs Overgrown Shrubs and Debris in driveway gutter repair on right and garage door Good Condition PETITIONS July 5, 2016 v''' 0163i. G. Smith, Agent, Use 2412 Seneca to Erect a Monument Sign on Private Property (South)(hrg 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: ita-5eler To be held in the Council Chamber, 13th Floor, City Hall On: ^-[ PN ----(6 At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON " t l ! (p *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. Signed (;°2104~%-7 Print Name G.._ 4 .j Date J4 ATTENTION CONTACT THE COUNCILMEMBER IN YOUR DISTRICT SCA rv. 1(1 r\ Roornilt‘o L IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON 1 ^'! 9 • .J IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL —J —! ff TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report Date 6/22/2016 AIP # SIGN16-9418719 Processed Issued Final 6/22/2016 8:57:39AM By By By Type of Work INSTALL Priority # Plans 0 # Pages 0 fdigennaro Declared Valuation Calculated Valuation Actual Valuation SIGN Permit Application /\9 Page 1 of 2 $5,000.00 $0.00 $0.00 *** PLANS / COMMON COUNCIL APPROVAL (PUBLIC HEARING) REQUIRED 397-19*** ERECTA 7' X 4'-8" MONUMENT SIGN ON PRIVATE PROPERTY IN A C1 ZONING (SENECA STREET SPECIAL ZONING) DISTRICTAS PER ATTACHED PORTION OF SITE PLAN.. Address 2412 SENECA BUFFALO, NY 14210 Location SBL 1334300005001100 Contact ID 11966427 Primary Y Name Mailing Address 301 CITY HALL BUFFALO, NY 14202 - Day Phone (716)510-2335 Contact ID 12104790 Primary N Name Crossroads West Seneca LLC Mailing Address 18151 Normandy Ter Normandy Park, NY 98166 Day Phone TO BE BID Application Fee U $50.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report Date 6/22/2016 Building Sewer Plumbing N Electrical N HVAC N Elevator N Fire N SIGN Permit Application Page 2 of 2 Address Asbestos Assessment City Wide Common Council Curb Cut Encroach Human Services Restricted Use S.E.Q.R.A. Thruway Trees 01622 C. Gloss, Owner, Use 1096 Lovejoy, Re-establish use of a Retail Store with Take-out Food in the Lovejoy Street Special District (Lov)(hrg 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 510 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 11 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: L,o.ltjui - c- '*-1)4 m tit To be held in the Council Chamber, 1r Floor, City Hall On: *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON j%...tv), Ii , J.6 C *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COMON eOUNCIL WILL DELAY YOUR PROJECT Phone number for Planning Board 851-5085 4 At 2:00 pm I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed 1 aY21..f.t.�l.�., i.. 1.J (Agent...) Print Name au S Phone # ?I (, 5(Z • Z -L., V Date qdN3/,143 ATTENTION CONTACT THE COUNCILMEMBER IN YOUR DISTRICT2, i"t�. �� ►-� `-Va 131 - A IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON.. IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL, THE MAYOR HAS UNTIL P'1L..ci._,4 Lot,.4IL TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE P51-516.1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-1949 Fax (716)851-5472 Report Date 6/23/2016 AIP # USE16-9418546 Processed Issued Final Type of Work Priority 6/16/2016 12:55:15PM 6/16/2016 1:06:27PM By mcastro By Ikowalski By # Plans 0 # Pages 0 Declared Valuation Calculated Valuation Actual Valuation ***COMMON COUNCIL APPROVAL W/FEE & HEARING REQUIRED*** 511-55 RESTRICTED USE PERMIT FOR A TAKEOUT/RETAIL STORE IN THE LOVEJOY ST. SPECIAL DISTRICT 511-68.5 Address Location 1096 LOVEJOY BUFFALO, NY 14206 Contact ID 12042617 Primary Y SBL 1124200002027000 Name CONCETTA GLOSS-DANIELS Mailing Address 1096 LOVEJOY ST BUFFALO, NY 14206 Day Phone Application Fee Permit Fee Building Sewer Plumbing N N N Electrical HVAC Elevator N N N P P Fire N 6/16/2016 1:06:27PM 6/16/2016 12:57:11 PM USE Permit Application Page 1 of 2 $100.00 $0.00 $0.00 $50.00 $0.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 ._(716)85.1-494q Fax (.7.1548517547.2.. - • Report Date 6/23/2016 Address Asbestos Assessment City Wide Common Council Restricted Use Curb Cut S.E.Q.R.A. Thruway Trees • Encroach Human Services USE Permit Application Page 2 o 2 1 :1 M. Romanowski, Agent, Use 2058 Delaware to Operate a Gas Station and Convenience Store in the Pan-American Special Zoning District (North)(hrg 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK ff 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: \1)0.4,_ICc�- - �pAcc To be held in the Council Chamber, 13th Floor, City Hall n: At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON I l ,a -all, *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COM ON t OUNCIL 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. Signed innitO . A yiri4 O ti UO4 - (Agent,Owner) L Print Name \Marcf'C', (Of M \1 d1 Phone # ' )/0 -ua - 7-I (1s Date (n i g...;. I 1 I� v , ATTENTION CONTACT THE COUNCILMEMBER IN YOUR DISTRICT --`(\ - t ZwL. (S � S I 5 I1 c' IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL E REFERRED TO THE FULL COUNCIL ON r IF APPROVED AT THE FULL CpUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL I-ku��r �, - 1 o2.v\Lo TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE, :City of Buffalo 65 Niagara Square Buffalo, NY 14202 .17.1.6)851-194.9 Fax (7,F.6)851-472 Report.Date 6/23/2016 AIP # USE16-9418805 Processed Issued Final Type of Work Priority 6/23/2016 4:09:42PM By camdur By By # Plans 0 # Pages 0 Declared Valuation Calculated Valuation Actual Valuation USE Permit Application $1.00 $0.00 $0.00 RESTRICTED USE PERMIT (WITH HEARING AND FEE) TO OPERATE A GAS STATION AND CONVENIENCE STORE IN THE PAN-AMERICAN SPECIAL ZONING DISTRICT 511-68.7 Address Location 2058 DELAWARE BUFFALO, NY 14216 Contact ID 12077830 Primary Y Mailing Address 385 Allentown, NY 18105 Day Phone Application Fee Building Sewer N Plumbing N N Electrical HVAC Elevator N N N Name U SBL 0890600001023000 2058 Delaware Ave Buffalo Fire Page 1 of 2 City of Buffalo 65 Niagara Square Buffalo, NY 14202 : (716)85.1.4949,. Fax USE Permit Application :-; Report Date 6/23/2016 Page 2 of 2 Address Common Council Restricted Use Asbestos Curb Cut S.E.Q.R.A. Assessment Encroach Thruway City Wide Human Services Trees 01634 C. Barone, Owner, Use 451 Elmwood to Place an Out -door Cafe at Front on City ROW and Side on Private Property of a 1 Story Restaurant in the Elmwood Avenue Business District (Nia)(hrg 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS iG0 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5439 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: Q Y4 #5 is cls. bVWc kp. Nfo, Tia'%;, rleldiri the Council C Spic es�iarc ti� Lw }}.� Elw.wy�is�. 4*F-, vSiress amber, 13"' Floor, City Hall On: *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON *FAILURE TO APPEARBEFORE THE PLANNING BOARD AND THE COM YOUR PROJECT Phone number for Planning Board 851-5085 A s At 2:00 pm. CUi1. .1.(>I1, UNCIL WILL DELAY 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 petition ; r, I will inform said owner, petitioner or his/her agent of the above. Signed Print Name _ Date /2;2 et, CIV— (Age Phone # /z 37f. f- 91f5 ATTENTION (n� CONTACT THE COUNCILMEMBER IN YOUR DISTRICT K IV.ru c` �y... 15 04. IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON . - I . IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL - 1- 1 L. • TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE 8sl -T 1)..0 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949. Fax, (716)851-5472 Report Date 6/27/2016 A/P# CAFE16-9418917 Processed Issued Final 6/27/2016 10:54:06AM Type of Work CITY Priority /30j By mcastro By By # Plans 0 # Pages 0 OUTDORCAFE Permit Application�9 Declared Valuation Calculated Valuation Actual Valuation ***Common Council Approval (restricted use in the "EB" district and encroachment on city R.O.W.) fee & hearing required 511-56C(3)****Place an outdoor cafe at front (City R.O.W.) & side (private Property) of a 1 story restaurant in the Elmwood Ave Business District.***ZBA required 511-96B (1) Parking Spaces*** At an existing parking lot of a restaurant, use space on side of building for outdoor cafe (on private property) eliminating existing parking spaces. Address Location 451 ELMWOOD BUFFALO, NY 14222 Contact ID 12054747 Primary Y SBL 1004600002035000 Name STAVROS MALLIARIS Mailing Address 369 WASHINGTON ST APT 306 BUFFALO, NY 14203 Day Phone Application Fee Zoning Board Fee Building N Sewer N Plumbing N Electrical N HVAC N Elevator N P U Fire 6/27/2016 11:27:07AM $3,932.50 $0.00 $0.00 Page 1 of 2 $50.00 $75.00 City of Buffalo . 65 Niagara Square Buffalo, NY 14202 (718)851-4949. Fax (716)851-5472 Report Date 6/27/2016 Address Asbestos Assessment City Wide Common Council Curb Cut Encroach Human Services OUTDORCAFE Permit Appiikation Restricted Use S.E.Q.R.A. Thruway Trees Page 2 of 2 vrea lUrtiALU ' • DEFARTMENTOMITNSP!.. E'ran"rownsjr"" * Date Filed g esZ- 7. 2b 1r;e &Id Appeo6.: fo-fiordii,,;ftepidfilIcent-cif retnir Inspection Services An appeal is hereby taken from the deciiion of the Commissioner of Permit and Inspection Services . 6 2Qa copy of which is attached,. for the purpose of reversing or modifying • said deo ision to affect a variation from therequirements of the Zoning Ordinance, so 2s to permitthe:. • • Erection, Extension, Alteration, Conversion,f r-- ,v3ri ,a.c. eL 7C e.";# .I'10 6 Zr-' in acterdance v.trith the application and plans filed with the Commissioner of Parfait and Inspection Services, cs hereinbelow discrib,eth • No. (--- A eyo o/ DistaritZ4_6) Pt No est/A/est of Nam of Appellant fil'e, 6Ct r0 4 e AftlreeS. 2 C 4 C le:Ark/4g et ( . : • • A NaMe of Owner i.-0(.1.10 LLC • Address 67. -.3S --./10:-_,:p1 514, ili-i:. oz /a Size of Lot .• 7 7. W"5--- ft, front x 93. . ft, deep or if irregular:see plat). Front yard ro be be Side yard to ft. . Depth of Rear. Yard to be t width of Side %fad to be ft. • . 1 .cHARAcTER AND USE •• I EARTINOBUILDlisiO. :- -. -. P-ITOTOWD BMW' Bid 1 Site of Btdiding • Bkiiibt. , • . ' i it front x afttoti.4eie, : ftfront x ft deep Character of•Censttu. cdon , ' Frame ft stories . ' , .... 810 -Burning • Frame ' Slovilliming - _ -::.-.•'-',,,.;.i:,?.,,t,_51.,, -::,!4...4:: :-7*,-....a:i,a-!,:%':::. , -7-0,a-F::,-.•,-:-.--,---,:;.-.: ," • Btic. etc: E ' ...rOot - ., • -- Bdcilr4c,„..1 ..-:-::::,_-.P.kgr.T.r,nf ,...i.,,,..-•::-; ;-,,,..,.-H.-,-...,-...z.j: - : ',!;.--.- St. on Nortb/South/East/West side of said AveJSt. AveJSt, Are there any private restrictions as to usesand yaids,setbeeki ar btiftcling lines on this property? . • (If so attach copy) 677 Zoned as . • Has there been any previous appeal to this Board for these premises? If so, when . and furdier, if So, is there now any new evidence to Be submitted which could not be presented at the previoui hearing? Attached hereto and made a part of this appeal, are submitted all papers as required. STATE Of NBW you cowry OP ERIE art OF BUFFALO._ read' alttfte (*yang eau knows the contents thereof und thatiffsar4ran true to defeln7? in;Sarnotionnearut • :4e " Public) (Cothmissiciner of Deeds) E - CITY OF -BUFFALO `.( DEPARTMENT 'OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICE S Byron W. Brown, Mayor NOTICE OF APPEAL (To be filed in duplicate with The Commissioner of the Department of Permit and Inspection Services, who will forthwith transmit to the Board of Appeals all papers constituting the record in the matter or, in lieu thereof, certified copies of same.) . FROM ,Apellant. Gentlemen: Concerning the Application dated t 7 . 20 t For Building Permit. And use At Premises . 71 ii-te CVO 0i Ave_ Which was Denied -Granted by the Commissioner of Permit and Inspection Services 20 /-C From the . • 6" .2- 7 n9 _ is-undersect r. /tee( C,-/2' C' 1. The reason for Appeal , flXrIM Spac:s �. This notice of an Appeal from said denial or grant is hereby given within the. twenty days or threedays, respectively, as required, from'the date of the decision of the Commissioner of Permit and Inspection Services. I will forthwith file in duplicate all of the official fo * s of appeal with the • required data thereon and here -with request duplte cop official official forms for said purpose. Dated ature of Appellant aAddress e2,4".‘/ 7€ t'2 e ' V 20 �� -7;;;;r2:14/�.50a. /y/5-4-5__ DPIS 5/02 EA n.ar ELMWOOD AVENUE (B0.W 200) 1. LOT 17000067160 50- 116 aCIX L 5 2.11N4 BU0WIG 3534 GROSS 5F IA/106M~ 350 SF (54) 451 Elmwood Ave. Buffalo, New York I 1 1111l► '77, 1 I I I �i11�► =SCR. 40 CALM SIM4 4. Lj ..1,-.1' ON GRA. FILL 0 FENCE DETAIL SCALM v4. - r -r FENCE DETAIL SCH. v4• - ,•-D• ENLARGED PLAN VIEW SCALb RED ®AA r -e MULCH Bwl uxu COWER.. CRAMCAPE EDGE. TO. KID BLOCK BELOW x1O.1 GRADE MARTBF Sm 000T BALL (TOP HALF OF BURIN MIMEO AMUR IT EQUAL ooF ROOT OAR -.I °RA 0 PLANTING DETAILS SP, SOME ROME ORCED RUBBER /105E---.-- RIM MORE OWOIE STRAND. 10 CM 0C S PPIADIFOOPANT WRAPPING MAMMAL P IARRMG SCO- WRAC GRADE ST0011uc WOW MO NON -CORROSIVE 400600 OF STARE FLO. KM GRADE COMMEROAL 4470E LANDSCAPE EDGE. TO. BURLAP P110 TREE PIT - LANDSCAPE LEGEND SOIL BROKEN LORMIRE IMAM It`YA HOFANR;AGNAAffi PLAMING I13B1 SHADS POFIAG0 0410200300 I RENAVS I 51741 AGER PA111A0R1 VAIL A,RCPORPIIREDM Y CAL URI 15•-20. 15•-m• Cc PID DWARF Ian JAPANESE 11.114 I B 5 0* N 0440 VnA •4014 RAMC OW INN. 5. r -r ROUNDED mw71 I FLAME VTR. j2006aam I G RUBIS M1O6OPNRu VAR. .7801607 1 6 6. 4.B Yr ROUNDED ANESE BOXWOOD 1 1 0 ,DMPERI5MDR Ta14,�,� 2. M I.0•_r -, X44 SILVERY BUM SBM Ro0&DOER AP Architects e2lmn square baking ,god pin sIMS mvwwm EELLICOTi OLVELOPM6111. FQ W 4.1 z 03 5 b 1- o 0 10 0 Wz 1 0 ,2-a B2 • �a pRWECT 2015-87 014111. 5P -I NOTE: THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF ANI 1HSATT M Y BE REVEALED ItyLE AHD BY AN JECT TO EXAMINATIONN OF SUCH. FACTS COR. WA _ ON 0901, IL 0.7'S. 11200' TO 71/8 NORINE0LY ENO FENCE ONE OF BRYANT STREET 0.6'E (80' Y COR. WALL 1.2'S. II" Po } IS. END FENCE' 1.2'S. ELMW'OOD CURB 0.7'5. END FENCE I•END FENCE ,k I • COR. WALL 03 7.45 O,S).„ 1.1'5COR. .WALL FENCE COR 0.4'N. FENCE COR . . COR. WALL 0.1'00. ��o gzM . ti a� "--E COR. WALL ON UNE BLACKTOP PARKING TO WALL 2.5'8. UTIUTY POLE 1 CURB 1.3'8. COR. WALL 1.4'N. FENZ0.8' 2.7'COR 00., 8. (BO' {1178) 7Z85' D. & Ms 1J7. to ,43 O • .-COR. WALL CURB 0.7E. CONCRETE RETAINING WALL FENCE CENTERED ON RETAINING WALL AVENUE BUILDING COR 0.15'00. A pp '141.90'8 0.37' "-BUILDING CCF.' 0.37 of 0.37' 0.37' . 00 N 0.37' 23.63' BRICK & CONCRETE BLOCK BUILD/NG. No. 451 REPU7ED OWNER 2680 GROUP, LLC SB. L. 100.46-2-35 BUILDING CDR: 0.08'E., 0.21'5. li 0.37' 0.37'Y , 13.15' BUILDING COR. 0.12'8. BUILDING COR. 0.23'0. UTILITY POLE CONCREIE PAD F051 FREEZER • 28.35' ra WALK -1N FREEZER ATTACHED TO • BU1L0/NG .,00OTY POLE 3511.0180 COR. FA WALL r—,—„— _,—„— —„— _ _„ LGH Po785f' D., 77.78' Ms.. LOU? POLE 1- 0.2'5 BLACKTOP PARK/NG LOT EAST LINE OF LANDS CONVEYED TO SOPH/A L. BEAM PER 81/BER 372 OF DEEDS AT PAGE 33 REPU7ED OWNER KALE/OA HEALTH No. 21.9 BRYANT S.B.L. 100.46-2-2.1 PART OF L 56 s __ T /1 R VILLAGE OF 1 TOWN OF NOTE, UNAUTHORIZED ALTERATION OR 60011 N TO ANY SURVEY, DRAWING, 005I0NGRF05TTNPW ORK RSPAOEISAA8.0LAWOF 'CM' 720 REVISION DATE JOB I DESCRIPTION j SBL No. AS NOTED HOLLAND 81,44 COMPANYS SURVEY BUFFALO COUNTY OF BUILDING COR. 1.93'W., 0.25'0. KWE98 67/E STATE OF NEW YORK 300 Peart Street, Suite 100 Buffalo, New York 14202 1P.. 716,849.8739 F. 716.856.0981 ARCHITECTURE, ENGINEERING WWW.KHEOPSDPC,COM &.',.SURVEY, DPC DRAWN BY .1 0241 SCALE 1"= 10' CHECKED B7. [NH JOB N^ 16NY093 CAD FILE ., 451 ELMWOOD-63107 FIELA/OFF10E 0.01E 6-22-16 11 11 BOOK 1'414 PAGE 57 MAP 63107 fit ©163 A. Hamideh, Owner, Use 1146 Hertel for Use of a Restaurant in the Hertel Ave Special Zoning District (Del)(hrg 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: 11 J-46., Nvc I To be held in the Council Chamber, 13th Floor, City Hall On: At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON 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. Signed ��� ! (� r. - Print Name rivA.81. i%i\ ( C',c, Phone # Date 9-1-61 J-- L 6 v � - ATTENTION ff CONTACT THE COUNCILMEMBER IN YOUR DISTRICTfr ro t r_- 0 Li i)v�� 1- IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON 7 —g Ga —1 tr IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report Date 6/29/2016 AIP # USE16-9419031 Processed Issued Final Type of Work Priority 6/29/2016 11:36:52AM By By By # Plans 0 # Pages 0 fdigennaro Declared Valuation Calculated Valuation Actual Valuation ***Common Council Approval Required 511-55*** w/fee & hearing for a restricted Use of a Restaurant in the Hertel Ave. Special Zoning District under new ownership. USE Permit Application $0.00 $0.00 $0.00 Page 1 of 2 Address Location 1146 HERTEL BUFFALO, NY 14216 Contact ID 12030061 Primary Y SBL 0786300004027000 Name YASMIN AMIN Mailing Address 392 DEXTER TER TONAWANDA, NY 14223 Day Phone Contact ID 12034186 Primary N Name SAMI AMIN Mailing Address 1146 HERTELAVE BUFFALO, NY 14223 Day Phone Application Fee U $50.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report Date 6/29/2016 Building N Sewer N Plumbing N Address Asbestos Assessment City Wide Electrical N HVAC N Elevator N Common Council Curb Cut Encroach Human Services Fire N Restricted Use S.E.Q.R.A. Thruway Trees USE Permit Application Page 2 of 2 M. Modrzynski, Owner, Use 858 West to Erect a 28 Space Parking Lot in an R2 Zoning District (Nia)(hrg 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD J put) GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: 9Mti/4G-i WeSF To be held in the Council Chamber, 13th Floor, City Hall on: Ia a `)���-c� o informer ner o At 2:00 Dm, lis the only notice that the petitioner and or owner will receive, and that if I ner, . will inform said owner, petitioner or his/her agent of the above Print Name !I\ Date 7 3O (,-1 r h 5kfa Phone #434./ ,(Age Owner) Attention 9—u -1 CONTACT THE PLANNING BOARD, Room 901, 851-5085 FOR PLANNING BOARD DATE & TIME �m CONTACT THE ZONING BOARD, Room 901, 851-5082 FOR ZONING BOARD DATE & TIME CONTACT THE COUNCILMEMBER IN YOUR DISTRICT R,, (O r . k 06 /5e'/ City of Buffalo 65 Niagara Square Buffalo, NY 14202 ,(.7,16)851.7.4949_ Fax (716)85175472 Report Date 6/30/2016 A/P # PRKLTI6-9419069 Processed Issued Final Type of Work Priority 6/30/2016 10:36:22AM 2-0L By fdigennaro By By # Plans 0 # Pages 0 PARKINGLOT Permit Application Declared Valuation Calculated Valuation Actual Valuation ***plans/city wide site plan approval/common council approval 511-98 (public hearing) required*** to erect a 26 space restricted parking lot in an R2 zoning district on lots (858 and 854 West) combined in assessment accessory to 1115 Niagara St. Address Location 858 WEST BUFFALO, NY 14213 Contact ID 11832841 Primary N Name Mailing Address 887 WEST AVE BUFFALO, NY 14213 Day Phone SBL 0994200001010000 KAZMIERCZAK DAVID F; Contact ID 11882612 Primary N Name KAZMIERCZAK MELODY L Mailing Address 887 WEST AVE BUFFALO, NY 14213 Day Phone Contact ID 11966427 Primary Y Name TO BE BID Mailing Address 301 CITY HALL BUFFALO, NY 14202 - Day Phone (716)510-2335 Application Fee U u``� Page 1 of 2 $80,000.00 $0.00 $0.00 $50.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 71.6)85174949 ,Fax (716)851,-5472 _ Report Date 6/30/2016 Building Sewer Plumbing N Address Asbestos Assessment City Wide N'''"•) VW, Electrical HVAC Elevator N N N Fire Y PARKINGLOT Permit Apj3lication Common Council Curb Cut Encroach Human Services • Le IN Lie qik VW' Restricted Use S.E.Q.R.A. Thruway Trees Page 2 of 2 fti 0163 June l st, 2016 Dear Neighbors: My name is Maxine Satcher and I am a resident of Mortimer Street. I am writing to ask your support for a petition to the City of Buffalo requesting the improvement of our street between Genesee Street and Sycamore Street. As you know, our street is in poor condition and has been for past 10 years and needs repair. The City of Buffalo allows residents to petition to have improvements made to their street adjacent to their property. Through the assessment, of our tax money would be paid towards the road work that directly benefits our properties rather than other parts of the city. With your support, we create a safer neighborhood with reliable roads. Please help make this a reality by your signature below. Name ADDRESS 3out NIS imCi S� 3a 010 R1 -i 1/1112diatet 53-7 141/6-4„,AIM e �1� June 1St, 2016 Dear Neighbors: My name is Maxine Satcher and I. am a resident of Mortimer Street. I am writing to ask your support for a petition to the City of Buffalo requesting the replacement of sidewalks on our street between Genesee Street and Sycamore Street. As you know, our street is in poor condition and has been for past 10 years and needs repair. The City of Buffalo allows residents to petition to have improvements made to their walkway adjacent to their property. Through the assessment, of our tax money would be paid towards the sidewalk work that directly benefits our properties rather than other parts of the city. With your support, we create a safer neighborhood with walkways for post personal and other pedestrians. Please help make this a reality by your signature below. Name 1. 2. 3. 4. S. 6. .rte ll f 4s'. y� �.p a� R u.,3a.f `,L dt -C,LN G AAA -Q n 7. fXtit,;moi 8. 9. 10. 11. 12. 13. :.:. _. ar:a rq "-IE COMMITTEE C w ww SWI r1/1... w. d ADDRESS 3 `3-2 �(7KKY- :3 / y Ar ; 1144,04 1,/ . 3 Regular Committees July 5, 2016 0 CIVIL SERVICE (Rasheed N.C. Wyatt, Chairperson) July 5, 2016 0 Appoint Police Chief(Exempt)(Young)(Pol) (ccp# 16-1469, 06/21) Mr. Wyatt moved: That Communication 1469 of June 21, 2016, be received and filed and that the Exempt appointment of Aaron V. Young, 125 Thatcher Avenue, Buffalo, NY 14215 to the Position of Police Chief at the Flat Salary of $103,981 PASSED AYES -8 NOES - 0 Recommended by the Committee on Civil Service w * AYE* NO * FEROLETO * * * * FONTANA * * * * * FRANCZYK * * * * GOLOMBEK * * * * * PRIDGEN * * * * * RIVERA * * * SCANLOY- WINGO WYATT [ 1 [MAJ- 5] [2/3 - 6] [3/4 - 7] * * * * * * * * 0I6`� Appoint Police Chief(Exempt)(Gramaglia)(Pol) (ccp# 16-1470, 06/21) Mr. Wyatt moved: That Communication 1470 of June 21, 2016, be received and filed and that the Exempt appointment of Joseph A. Gramaglia, 309 Woodbridge Avenue, Buffalo, NY 14214 to the Position of Police Chief at the Flat Salary of $103,981 PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * ** * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SC * WINGO * * * * * * WYATT * ** * * * [MAJ51' * * * * * [2/3 -6] * * * [3/4 - 7] 0 I 6 0 Appoint Motor Equipment Mechanic(Prov)(3`d step)(Colston)(Pol) (ccp# 16-1471, 06/21) Mr. Wyatt moved: That Communication 147), of June 21, 2016, be received and filed and that the Provisional appointment of Darnelle Colston, 151 Hamlin Road, Buffalo 14208 to the Position of Motor Equipment Mechanic at the 3rd step of $24,377 PASSED AYES-$ NOES -0 Recommended by the Committee on Civil Service * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * PRIDGEN * * * * * RIVERA * ** * * * ANION '-----Nss�.-- \ WINGO *. * WYATT *. [ ] [MAJ- 5 [2/3 - 6] [3/4 - 7] * * * * * * 0164 Appoint Deputy Corporation Counsel(Exempt)(Lazzarin)(CC) (ccp# 16-1472, 06/21) Mr. Wyatt moved: That Communication 1472 of June 21, 2016, be received and filed and that the Exempt appointment of Jessica Lazarin, 207 Longnecker St, Buffalo 14206 to the Position of Deputy Corporation Counsel at the Salary of $91,785 PASSED AYES -6 NOES - 0 Recommended by the Committee on Civil Service * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RNERA * * * * * * SCNLU * ** WINGO * Ty*�- * * * WYATT * * * * * * [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] * * * * * * * Appoint Assistant Corporation Counsel II(Perm)(Chirboga)(CC) (ccp# 16-1473, 06/21) Mr. Wyatt moved: That Communication 1473 of June 21, 2016, be received and filed and that the Permanent appointment of J. Christine Chiriboga, 115 Park Street, Buffalo 14201 to the Position of Assistant Corporation Counsel 11 at the Salary of $72,401 PASSED AYES - NOES -0 Recommended by the Committee on Civil Service FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANNLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * * * �G� O16 Notices of Appointments-Temp/Prov/Perm 016-1496, 06/21) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED (2.z. Recommended by the Committee on Civil Service FINANCE (Richard A. Fontana Chairman) July 5, 2016 016 1 Request Authorization of Pesticide Control Plan for Invasive Plant Species Removal — Bailey Avenue Bridges (Lov)(DPW) (Item No. 1467, C.C.P., June 21, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to permit Union Concrete, the contractor for the replacement of the Bailey Avenue Bridges, to implement an invasive species pesticide control plan at the project site by using herbicides. Passed. tuAk_j Recommended by the Committee on Finance 1ii Chairman C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMLCIH5\Pesticide Control Plan -Bailey Ave bridges.docx *AYE* NO *. FEROLETO * * * * * * FONTANA * * . * * * * FRANCZYK * * ./ * * GOLOMBEK * * * PRIDGEN *, * * * * * RIVERA * * * * * * • * * WINGO * * * * * * * * * * * WYATT [ ] * [MAJ- 5] * [ 2/3 - 6 ] * [3/4 - 7] * * * * COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) July 5, 2016 0164 5 Abandonment and Sale — Alley between Rhode Island and Massachusetts and Nineteenth and Chenango Streets (Nia)(Strat Plan) (Item No. 1434, C.C.P., June 21, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate to abandon and sell the alley between Rhode Island and Massachusetts and Nineteenth and Chenango Streets to the following homeowners ("Buyers") to purchase that portion of the alley adjacent to the property they currently own, as follows: 1. The owner of 41 and 49 Massachusetts, Joseph R. Galvin, would purchase the portion of the alley running behind 41, 45, and 49 Nineteenth Street (approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft.) in the amount of $876.00. 2. The owner of 72 Chenango, Margaret Dagonese, would purchase a 30 x 6' parcel behind her home in the amount of $144.00. 3. The owner of 68 Chenango, MJM Buffalo Holdings LLC, would purchase approximately 53 x 6 and half of the 10 x 10, or approximately 368 sq. ft. parcel behind their property for $295.00. 4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte, would purchase 62 x 12 portion behind their property for $595.00. 5. The owner of 474 and 476 Rhode Island, Westside Restoration LLC, would purchase approximately 60 x 12 portion behind their property for $576.00. 6. The owner of 15 and 19 Nineteenth Street, Holly Christiano, would purchase 83 x 6 (498 sq. ft.) and a triangular portion 50 sq. ft for a total of 548 sq. ft. for $438.00. That the Common Council hereby authorizes the abandonment and sale of the alley is conditioned upon the following conditions by all Buyers: 1. Providing there are no significant objections voiced or raised at or from the public hearing, published and held by the Common Council; 2. The City of Buffalo Planning Board is in agreement with the abandonment and sale of the subject alley; 3. Each Buyer agrees to pay for their proportionate costs associated with any and all removal, relocation and/or decommissioning of any utilities/facilities that should arise from the abandonment and sale of said alley, if deemed necessary; 4. Each Buyer agrees to sign a full Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said documentation to be in form and substance acceptable to the City in the City's sole discretion; 5. Each Buyer agrees to provide any and all easements deemed necessary by the City of Buffalo's Corporation Counsel's Office; 6. Each Buyer agrees to any other terms deemed necessary by the City of Buffalo Corporation Counsel's Office. 7. The closing and transfer of title with all the Buyers must occur simultaneously to avoid landlocking a portion of the alley. The only exception would be Mr. Galvin, who will not landlock a parcel. 8. The official closing/abandonment of the alley to be sold will not become effective until the deed from the City conveying title to the right of way property to all Buyers is filed in the Erie County Clerk's Office. 9. All of the Buyers purchasing a portion of the alley have also agreed to pay for all costs associated with the abandonment and sale and transfer of title including, but not limited to, ALTA survey or a survey similar to such, legal descriptions of each parcel being conveyed to each individual buyer, transfer tax, recording fees and cost to file the deed and any necessary easements. That the Common Council hereby approves the proposed abandonment and sale of the alley between Rhode Island and Massachusetts and Nineteenth and Chenango Streets provided the above conditions are met. Passed. Recommended by the Committee on Community Development T:\wp60URP\COUNCIL\2016 Meetings\7-5-16 meeting \Committee\Abandonment and Sale-alley.docx 4 hairperson vkl .44-4416 01.01E Permission to Designate Developer — Portion of 240 Kensington (Masten)(Strat Plan) (Item No. 1437, C.C.P., June 21, 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 designates 240 Kensington LLC, c/o Creative Structures Services, Mr. David Pawlik on behalf of himself and Nick Sinatra of Sinatra & Company, with a mailing address of 1659 Amherst Street, Suite 100 Buffalo, New York 14214 as Developer (herein after "Developer"), and/or a corporation, partnership or other legal entity to be designated by 240 Kensington LLC as Developer and approved by the Executive Director of the City of Buffalo, Office of Strategic Planning as Developer to construct forty (40) one and two bedroom units and a community room on approximately 2.5 acres of land, located at 240 Kensington (the "Property"), subject to but not limited to the following terms and conditions: a. The designation will expire twelve (12) months from the date the Common Council approves the designation. b. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ("Designation Fee") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1St) day of every month. c. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to a Land Disposition Agreement ("LDA") to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory Contract of Sale/LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the Property. d. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the Common Council approves the designation. e. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City of Buffalo. f. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo. g. Submission of a colored rendering of the Project suitable for presentation to the 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 of a Land Disposition Agreement. h. Individuals and/or are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other outstanding liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. i. The Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's (City's Department of Strategic Planning) sole discretion. The Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo, Office of Strategic Planning agrees to provide the City of Buffalo any and all other effected utility companies with any easements, rights and access arrangements that may be necessary, satisfactory to the City (City's Division of Real Estate, Department of Public Works and Corporation Counsel) and other effected utility companies in their sole discretion. k. The purchase price was established in accordance with Article 27 of the City Charter. The Developer commissioned by KLW Appraisal Group, LLC, Mr. Gregory C. Klauk, Appraiser, and he has estimated the value of the 2.5 acres to be One Hundred Forty -Five Thousand Six Hundred Dollars ($145,600.00). The appraisal report was submitted to the City of Buffalo Appraisal Review Board at their meeting of September 10, 2015, and they concurred with the appraiser's estimate of value. The Developer has agreed and is prepared to pay One Hundred Forty -Five Thousand Six Hundred Dollars ($145,600.00), pursuant to Item No. 2142, C.C.P., October 27, 2015). 1. Upon signing of the Contract of Sale/LDA, there shall be a payment by the Developer to the City's Division of Real Estate, a non-refundable deposit in the amount of ten percent (10%) of the to be agreed upon purchase price. m. 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. n. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. o. The designation and Contract of Sale/LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. p. q. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with an Access, Indemnification and Insurance Agreement(s), by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's 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, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by 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. 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 Developer two (2) weeks to cure. That the Common Council hereby approves the designation of c/o Creative Structures Services, Mr. David Pawlik on behalf of himself and Nick Sinatra of Sinatra & Company, with a mailing address of 1659 Amherst Street, Suite 100 Buffalo, New York 14214, and/or a corporation, partnership, or other legal entity to be designated by Developer and approved by the Office of Strategic Planning as Developer of a portion of 240 Kensington consisting of 2.5 acres on the above terms and conditions; and that Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA for the conveyance of the Property to the Developer for the development of the project on the Property; and that the LDA be forwarded to the Common Council for final approval prior to the transfer of title. PASSED AYES — 8 NOES - 0 Recommended by the Committee on Community Development giN09\ wIrafc9 Chaierson * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * PRIDGEN 0 * * * * RNERA * * * * * SCANLON *_�-* WINGO * * WYATT * * [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] * * * * 0I.6 .7 Report of Sale — 401, 407 and 409 Adams (Ell)(Strat Plan) (Item No. 1439, C.C.P., June 21, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the offer from Dr. Fadi Dagher and Roger Trettel, on behalf of DT Capital, 5526 Via Marina, Williamsville, New York 14221, in the amount of Five Thousand Eight Dollars ($5,800.00) for the purchase of 401 Adams, 407 Adams and 409 Adams be and hereby is accepted upon the following: 1. DT Capital has agreed to bring the adjacent building they own at 642 Broadway into zoning and building code compliance. 2. DT Capital agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and 3. DT Capital agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. That the Common Council hereby authorizes the Office of Strategic Planning to prepare the necessary documents for the transfer of title and that the Mayor is hereby authorized to execute the same. Passed. Recommended by the Committee on Community Development ,t'.911/i-6-PC-1)- Chairp son CdUsers Internet Files\ContenLOutlookU5MLCIH51Report of Sale -401 407 and 409 Adams.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] *AYE* NO * * * * O1.$/18 Approval of Abandonment and Sale and the Report of Sale of the Alley Between Massachusetts and Rhode Island and Chenango and Nineteenth Streets (Item No. 1652, C.C.P., June 21, 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 City of Buffalo Office of Strategic Planning, Division of Real Estate, in accordance with Article 27, Section 27-5 of the City Charter, is authorized to abandon and sell the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets as follows: 1. The owner of 41 and 49 Massachusetts, Joseph R. Galvin, would purchase the portion of the alley running behind 41, 45, and 49 Nineteenth Street, approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft., in the amount of $876.00. 2. The owner of 72 Chenango, Margaret Dagonese, would purchase a 30 x 6' parcel behind her home in the amount of $144.00. 3. The owner of 68 Chenango, MJM Buffalo Holdings LLC, would purchase approximately 53 x 6 and half of the 10 x 10, or approximately 368 sq. ft. parcel behind their property for $295.00. 4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte, would purchase 62 x 12 portion behind their property for $595.00. 5. The owner of 474 and 476 Rhode Island, Westside Restoration LLC, would purchase approximately 60 x 12 portion behind their property for $576.00. 6. The owner of 15 and 19 Nineteenth Street, Holly Christiane, would purchase 83 x 6 (498 sq. ft.) and a triangular portion 50 sq. ft. for a total of 548 sq. ft. for $438.00. That the Common Council hereby authorizes the abandonment and sale and the report of sale of the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets subject to the following conditions: 1. The Planning Board recommends and approves the abandonment and sale of the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets. 2. Providing there are no significant objections voiced or raised at or from the public hearing, published and held by the Common Council. \1 3. All of the buyers purchasing a portion of said alley agree to pay for all costs, if any deemed necessary, associated with any and all removal, relocation and/or decommissioning of any utilities/facilities that should arise from this project. 4. All of the buyers purchasing a portion of said alley agrees to sign a Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. 5. All of the buyers agree to provide any and all easements deemed necessary by the City of Buffalo Corporation Counsel's Office. 6. All of the buyers purchasing a portion of the alley further agree to any and all other terms deemed necessary by the City of Buffalo Corporation Counsel's Office. 7. The official closing/abandonment of the right of way to be sold will not become effective until the deed from the City conveying title to the right of way property is filed in the Erie County Clerk's Office. 8. The closings and transfer of titles with all the buyers must occur simultaneously to avoid landlocking a portion of the alley. The only exception would be only Mr. Galvin, who will not landiock a parcel a remaining in the City's name. 9. All of the buyers purchasing a portion of the alley have also agreed to pay for all costs associated with the abandonment and sale and transfer of title including, but not limited to, ALTA Survey or a survey similar to such, legal descriptions of each parcel being conveyed to each individual buyer, transfer tax, recording deeds and cost to fie the deed and any necessary easements. That the Common Council hereby authorizes the Mayor to execute all the necessary documents including, but not limited to, the deed in order to effectuate the transfer of title of the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets (such deed to be in form and substance acceptable to the Corporation Counsel's Office and to include Indemnity and Release Agreement as to all site and environmental conditions as to the following individuals: a. The owner of 41 and 49 Massachusetts, Joseph R. Galvin, would purchase the portion of the alley running behind 41, 45, and 49 Nineteenth Street, approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft., in the amount of $876.00. b. The owner of 72 Chenango, Margaret Dagonese, would purchase a 30 x 6' parcel behind her home in the amount of $144.00. c. The owner of 68 Chenango, MJM Buffalo Holdings LLC, would purchase approximately 53 x 6 and half of the 10 x 10, or approximately 368 sq. ft. parcel behind their property for $295.00. d. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte, would purchase 62 x 12 portion behind their property for $595.00. e. The owner of 474 and 476 Rhode Island, Westside Restoration LLC, would purchase approximately 60 x 12 portion behind their property for $576.00. f. The owner of 15 and 19 Nineteenth Street, Holly Christiano, would purchase 83 x 6 (498 sq. ft.) and a triangular portion 50 sq. ft. for a total of 548 sq. ft. for $438.00. That the Common Council hereby authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the deed conveyance and any easement agreements and arrangements, if deemed necessary; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and/or develop, negotiate and process the necessary documents and/or modifications thereto as shall be reasonably necessary to facilitate and implement the sale of the alley for the benefit of the City. Passed. Recommended by the Committee on Community Development T:\wp60URP\COUNCIL\2016 Meetings\7-5-16 meeting \Committee\Approval of Abandonment and Sale.docx re * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK• * * * * * - .. * PRIDGEN * * * * * * RIVERA * * . * * * * SC1 L -OT --..,..._ * * * -.. WINGO * * * * WYATT * ** * * * [ ] [MAJ. - 5] [2/3 - 6] [3/4 - 7] 01649 Res. 1565, June 21, 2016 Subpoena Mohammad Kabir That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr. Golombek moved: That the Common Council, under Section 3-70 of the City of Buffalo Charter, hereby directs the Corporation Counsel to subpoena Mohammad Kabir, owner of 413 Sherman Street to appear before the Common Council's Community Development Committee to explain what his intension for the property are; and that the Common Council hereby directs the City Clerk to send copies of this resolution to Mohammad Kabir and the Corporation Counsel. ADOPTED C:\Users\ clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.OutlookU5MLCIH5\Resolution-subpoena.doex �o� 2016 Annual Action Plan Budget (Strat Plan) (Item No. 1533, C.C.P., June 21, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the 2016 Annual Action Plan, which distributes Hyii fun ' g through four enti le ent p grams: Comn3um y evelopment Block Gi nts (p BG), HO Investment PP rtnerships (H E), Emergency Solu.ions GrESG) Housing Opportuni 'es for Pe sdns with AIDS (H Pte) /The plan iden 'fie .rojets that addss critical needs in h usii, community revitalizations, and public services for low- and moderate -income household and neighborhoods; and agreemT is utilization Plan, onsi progFams; appropriate docentati dg t the Common Council hereby authp the Mayor or his designee to execute all and related d, u -nts required or usefu in facilitatinVghe fthe subjet fundin to carry o the proj cts identif�d in th tent with he rules . ' d re ul. (ons governi ther� BG HO g g 7— d that e Common ou hereby autho zes he Corporati City ity's receipt fit' 2016 A dal Acti E, ES , and HOP nsel and other ersonnel to negotiate finalization of sai agreements and other necessary necessary for execution and implementation of the 2016 Annual Action Plan Recommended by the Committee on Community Development C:\Users\ciehner\AppData\Local\Microsof\Windows\Temporary Internet Files\Content.Out1ookU5MLCI13512016 Annual Action Plan Budget.docx Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED C. Mancinelli-Concerns NFTA Bus Service (C.C.P. #16-955, Apr 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development 0 6F2 Request for Town Gardens, LLC Investigation (C.C.P. #11-84, Nov 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development �l� LEGISLATION (DAVID A. FRANCZYK, Chairman) July 5, 2016 01653 Mobile Food Truck — Blue Balls Bus Inc. (DPIS) (Item No. 1476, C.C.P., June 21, 2016) Mr. *raZ4 Lmoved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That p nt to Chapter 316, Article IX o the City of Buffalo Ordinances, the Co ission 1 of the DepartmEconomi eve opment Pe • it an Inspecti rvices be, a d h herey is authorized + rant . Mobi Food Tr \ ck Li se to Vin enza api o 11 Hart 11 rive, Buf `a lo, ► ew York 14 and d/b/a Blu Balls Bus Inc. is hereby approved. Recommended by the Committee on Legislation Chairman C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MLCIH5\Mobile Food Truck -Blue Balls Bus.docx 4`" 1/(p Mr. FrA+ket1Kmoved that the above item be recommitted to the Committee on Legislation. ADOPTED 0 1 p [ Mobile Food Truck — The Grove Juice Truck (DPIS) (Item No. 1477, C.C.P., June 21, 2016) Mr. fteAk -zW 1C- moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Michael Driscoll of 1166 Losson Road, Cheektowaga, New York 14227 and d/b/a The Grove Juice Truck is hereby approved. PASSED AYES — 8 NOES - 0 Recommended by the Committee on Legislation Chairman C:\Users\clehner\AppData\Local\Microsof\Windows\Temporary Internet Files\Content.OutlookU5MLCIH5\Mobile Food Truck -The Grove Juice Truck.docx FEROLETO * AYE* NO * * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK • * * * * * * PRIDGEN . * * * * * * RIVERA * * . * * * * * * SCAB * * WINGO * * WYATT * . * [ ] [MAJ. - 5] [2/3 - 6] [3/4 - 7] * * * * * * Mobile Food Truck — Sweet Melody's (DPIS) (Item No. 1480, C.C.P., June 21, 2016) 0,44,4.1-41c, Mr. moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Charles Incorvia of 8485 Transit Road, East Amherst, New York 14051 and d/b/a Sweet Melody's is hereby approved. ASSED YES —bNOES - 0 Recommended by the Committee on Legislation 0-2/\ Chairman C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OutlookU5MLCIH5\Mobile Food Truck -Sweet Melodys.docx (9\ FEROLETO * * * * * A= FONTANA * * * * * * FRANCZYK * * * * * * GOLOgBB1( * * PR1DGEN * * * * * * RIVERA. * * * * * * SC AI e 1 *-----t---" * * * 4 * * * * . - * * * -WING° WYATT * 2/3 -6 1 * 1_ 3/4 - 1 Restaurant Dance Class IV — 2182 Delaware Avenue (Del)(DPIS) (Item No. 1481, C.C.P., June 21, 2016) S CAtAto Mr. rT„_1nk moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; to C d/b/, hlt the Co ssione 150 of t ' e City Co olia 'ents LLC, loc pter Man of Permits .ne ' spections - ervices is =ebia y autho ed ursuant e to is e a Res urant ancClas icetobert Davidson at 2182 Del.... e Avenu Passed. AYES — 8 NOES Recommended by the Committee on Legislation Chairman ` T:\wp60URP\COUNCIL\2016 Meetings \7-5-16 meeting \Conmtittee\Reslaumnt dance class -2182 Delaware Ave.docz Mr. Vro.ne-ziiroved that the above item be recommitted to the Committee on Legislation. ADOPTED 1 1 *AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * * * FRANCZYK * * _ • * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * RIVERA * * * _ * * * WINGO WYATT 11 [ MAJ - 5] [2/3 - 6] [3/4 - 7] * * * * * Y Sidewalk Cafe — 601 Main Street (Ell) (DPIS) (Item No. 1482, C.C.P., June 21, 2016) Mr. VIUM 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 Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of TGI Fridays, for a Sidewalk Cafe License located at 601 Main Street, upon the following conditions: PASSED - AYES-8NOES-0 Recommended by the Committee on Legislation Chairman C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OutlookUSMLCIH5\Sidewalk cafe 601 Main Street.docx *AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * Se -ANL -0 1\7'* -r* **. * * * WINGO * ** * * WYATT * . * * * * * [ ] [MAT- 5] [ 2/3 - 6] [3/4 - 7] r Restricted Use Permit — 69 W. Chippewa (Ell) (City Clk) (Item No. 1487, C.C.P., June 21, 2016) G2 n Mr. r (a___ moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 14, 2016, is hereby denied. Denial. AYES — 8 NOES - 0 Recommended by the Committee on Legislation (it Chairman CAUserslclehner\AppDatalLoeahMicrosofllWindows1Temporary Internet Files \Content.Outlook\J5MLCIH5\Restricted Use Permit 69 W Chippewa 7-14-16 event.docx FERC 4 4 4 GOLK 4 4 4 4 4 ®1659 Restricted Use Permit — 69 W. Chippewa (Ell) (City Clk) (Item No. 1488, C.C.P., June 21, 2016) 61,4,P Mr. (.10,1%.. moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 14, 2016, is hereby approved. PASSED AYES — 8 NOES - 0 I of Recommended by the Committee on Legislation Chairperson CAUsers\clehner\ AppData\Local\Microsoft\Windows\Temporary Internet Files \ContenLOutlookU5MLCIHSViestricted Use Permit 69 W Chippewa 7-28-16 event.docx *.AYE* NO *, FEROLETO *. * * * FONTANA *. * * * FRANCZYK * * * * * GOLOMBEK *. * * * * PRIDGEN * * * * * RIVERA * * • * * * * SCANLON-'=''6N WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] * * 01000 Restricted Use Permit — 69 W. Chippewa (Ell) (City Clk) (Item No. 1489, C.C.P., June 21, 2016) G1'4 Mr. raw --a moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on August 11, 2016, is hereby denied. Denial. AYES — 8 NOES - 0 Recommended by the Committee on Legislation (7„ Chairperson ClUserslelehnerlAppDataLocahMicrosoft\Windows\Temporary Internet Files \ContentOutlook\JSMLCIHS\Restricted Use Permit 69 W Chippewa 8-11-16 event docx 2� 3 FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA *AYE* NO * * * * * * * SCANLON-....._..._._--------.�,----A,. ` ..__.__ :.,/-* * * WINGO * * * * . * WYATT * ** * * * [ ] * [MAJ-5] * [2/3 - 6] *. * * [3/4 - 7] 0 1 ) .1.. Restricted Use Permit — 69 W. Chippewa (Ell) (City Clk) (Item No. 1490, C.C.P., June 21, 2016) ((anc-t1k Mr.1 moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on August 25, 2016, is hereby approved. PASSED AYES —8NOES -0 Recommended by the Committee on Legislation Chairperson C:\Users\clelmer\AppData'J cal\Microsoft\Windows\Temporary Intemet Files\Content.OmlookU5MLCIHS\Restricted Use Permit 69 W Chippewa 8-25-16 event.docx 04A FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5 [ 2/3 - 6] [3/4 - 7] *AYE* NO * * * * 016132 R. Hernandez, Agent, to Rezone 505 7th Street to Build a New State -of -the -Art Medical Center (E11)(DPIS) (Item No. 1507, C.C.P., June 21, 2016) Mr. r 160 moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of R. Hernanzes, Agent, to rezone 505 7th Street from a R3 Residential to a C2 Commercial to build a new state-of-the-art medical center Passed. AYES — 8 NOES - 0 Recommended by the Committee on Legislation Chairperson CAUsers clehner\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\ContentOutlookU5MLCIH5\Rezone 505 7th Street.docz n\, 4 .1 ®1663 J. Velarde, Agent, to Use 62 Englewood to Erect an Accessible Ramp Lift and Stairs on a City Right -of -Way on the Side of an Existing Church (Univ)(DPIS) (Item No. 1501 C.C.P., June 21, 2016) Mr. r (a- G moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Velarde, Agent, to erect an accessible ramp, lift and stairs on the City right-of-way on the side of an existing church, located at 62 Englewood. PASSED AYES — 8 NOES -0 Recommended by the Committee on Legislation Chairperson C:\Users\clelmer\AppData\Locai\Microsoft\Windows\Temporary Internet Files \Content.OotlookU5MLCIHS\Encroach City ROW 62 Englewood.docz * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * WINGO * * * WYATT [ ] [MAJ- 5] [2/3 - 6] [3/4 - 7] * * n�� OlCv S. DeFranks, Owner, to Use 670 Ohio to Add Use of Contractor Storage Yard to and Existing Manufacturing and Processing Use in the Buffalo Coastal Special Review District (South) (Item No. 1511, C.C.P., June 21, 2016) X. Mr. ff '114 owed: 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 S. DeFranks, Owner, to add use of contractor storage yard to an existing manufacturing and processing use, located at 670 Ohio in the Buffalo Coastal Special Review District. PASSED AYES — 8 NOES - 0 Recommended by the Committee on Legislation Chairperson C:\Users\clehner\AppData'Loca1\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ISMLCIH5\Contractor storage yard 670 Ohio.docx a '1 * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * • PRIDGEN * * RIVERA * WINGO * * * *• * * WYATT 5] * * [2/3 - 6] *• * [3/4 - 7] 01665 D. Doyle, Agent, to Use 1678 Hertel for a Take -Out Restaurant and Sidewalk Cafe in the Hertel Avenue District (Del)((DPIS) (Item No. 1512, C.C.P., June 21, 2016) Mr. v (!Y_�_ moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of D. Doyle, Agent, for a take-out restaurant and encroachment on a City right-of-way for a sidewalk cafe (92' x 12'), located at 1678 Hertel, in the Hertel Avenue District PASSED AYES — 8 NOES - 0 Recommended by the Committee on Legislation Chairperson Q\Users\clehnerrAppData\Loca1\Microsoft \Windows\Temporary Internet Files\Content Outlook115MLCIH5'Establish restaurant 1678 Hertel.docx '1 * AYE* NO *, FEROLETO * * * * * * FONTANA * * * * * FRANCZYK * * . * * * GOLOMBEK *. * * * * * PRIDGEN *. * * * * * RIVERA * * * * * * SCANLON * * `",, * * WINGO !' * * *- * * * WYATT *. * * [ ] [MAJ- 5] [2/3 - 6] [3/4 - 7] * * * P. Morino, Owner, to Use 1318 Hertel for Operation of a Tavern and Sidewalk Cafe with Encroachment on City Right -of -Way in the Hertel Avenue District (Del)((DPIS) (Item No. 1513, C.C.P., June 21, 2016) Mr. Fto i 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 P. Morino, Owner, for operation of a tavern and a sidewalk cafe with encroachment on a City right-of-way, located at 1318 Hertel, in the Hertel Avenue District. PASSED AYES TNOES-0 Recommended by the Committee on Legislation Chairperson C:\Users\clehner\AppData\LocalWicrosoR\Windows\Temporary Internet Files\Content.OutlookU5MLCIHS\Establish tavern 1318 Hertel.dacx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCA\FL T WINGO WYATT [ ] [MAJ- 5] [2/3 - 6] [3/4 - 7] O16 37 N. Spence, Owner, to Use 2022 Genesee to Reestablish a Restaurant in the Genesee/East Delavan Special District (Lov)(DPIS) (Item No. 1514, C.C.P., June 21, 2016) 01414 Mr. Kai noved: 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 N. Spence, Owner, to reestablish use of a restaurant located at 2022 Genesee in the Genesee/East Delavan Special District. PASSED AYES -8 NOES - 0 Recommended by the Committee on Legislation Chairperson C:\Users\clehner\AppDaa\Local\Microsoft\Windows\Temporary Internet Files\ContenaOutlook\JSMLCIH5Uteestablish restaurant 2022 G nesee,docx *AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * . * WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * * * * Of6€8 Ordinance Amendment — Chapter 137 Code Enforcement (Item No. 1570, C.C.P., June 21, 2016) Mr. f '',.n& moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Chapter 137 of the Code of the City of Buffalo, as it relates to Code Enforcement be amended as specified in the attached Ordinance Amendment. PASSED AYES -NOES - 0 �, J Recommended by the Committee on Legislation Chairperson CAUsersklehner AppData\Local\Microsoft\WindowsVTemporary Internet Files\Content.OullookU5MLCIH5\Ordinance Amendment Ch 137,docx 31 FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANtON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] *AYE* NO * * * * * 016 Ordinance Amendment — Chapter 194 Food Stores (Item No. 1571, C.C.P., June 21, 2016) Mr.4�G_ moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Chapter 194 of the Code of the City of Buffalo, as it relates to Food Stores be amended as specified in the attached Ordinance Amendment. PASSED AYES —NOES -0 Recommended by the Committee on Legislation Chairperson CAUsers\clehner\AppData\Laca1\MicrosoR\Windows\Temporary Internet Files\ContenlOutlookU5MLCIH5\Ordinance Amendment Ch 194,docx *AYE*NO*, FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * * * PRIDGEN ** * * * * RIVERA * * .* * * * SCANLO t--- _ * ,i*'- , J' * * WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] * * * T * * * * * • 01670 Res. 1575, June 21, 2016 Tenant Notification of Change in Property Management That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr. r. ._t moved: That the Common Council hereby requests the Department of Law, in partnership with the Department of Permits and Inspections, and any other necessary departments, to begin drafting legislation to require property managers to notify tenants when there is a change in property management; and that an official form shall be created and distributed by the Department of Permits and Inspections for property managers to complete and send to all tenants within thirty (30) days of receiving a property management license; and that the Common Council hereby requests that the Charter be amended to ensure Assistant Corporation Counsel verifies that all rental registry fees are paid, and property violations and 311 Quality of Life complaints are resolved prior to renewal; and that this resolution should be forwarded to the appropriate Common Council Committee to allow for discussion on the specific details to be contained within the legislation; and that copies of the resolution should be forwarded to the Mayor, the Commissioner of Permits and Inspections, the Corporation Counsel, and the City of Buffalo Housing Court Judge. PASSED AYES NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\I5MLCIH5\Resolution-property management change.docx 33 r City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 5, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1671 J. McCarthy, Owner, Use 225 Lexington for A Sidewalk Cafe APPROVED JUL - 5 2016 45,N,MAYOR (,A PASSED July 5, 2016 Gerald A Chwalinski City Clerk 0 1 6➢ rd J. McCarthy, Owner, to Use 225 Lexington for a Sidewalk Cafe (Nia) (DPIS) (Item No. 1397, C.C.P., June 7, 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 J. McCarthy, Owner, for a sidewalk cafe at the front of a two-story restaurant, located at 225 Lexington, upon the following conditions: PASSED AYES -NOES - 0 Recommended by the Committee on Legislation Chairman 3Lk CaUsers\clehner\AppDatalLaca! Microsoft\Windows\ Temporary Internet Files\Content.Outlook\5MLCIH51Sidewalk cafe 225 Lexington.docx f\c') 225 Lexington Sidewalk Cafe Conditions: • Reduce with to 12'-0" maximum, dimension is restricted within the City Ordinances. • Provide clear, 5 foot minimum zones between proposed sidewalk patio and fixed objects (stop sign & driveway apron). * AYE* NO * FEROLETO * * * _ * * *, FONTANA * * * * * * FRANCZYK. * * _. * * * * GOLOMBEK * * * * PRIDGEN * * _ * * RIVERA * * _ * * SCANLON * * -.. WINGO WYATT [MAJ. - 5] [2/3 - 6] [3/4 - 7] ** * * * * * * 01672 M. Romanowski-Info-Site Plan, Area Variance and Fence Appl for Bird Ave (C.C.P. #16-956, Apr 26) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 01673 Res. 1010, Apr. 26, 2016 Solar Panel Systems That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr.1! �U ! moved: That the Common Council hereby requests that the Corporation Counsel to incorporate the NFPA's findings with the Fire Department to amend Chapter 103 of the City Code in order to protect firefighters from potentially hazardous encounters with solar panels not covered by FCNYS; and that the Common Council hereby requests continual training for first responders in the disarmament of solar panels; and that copies of this resolution be sent to the Mayor's Office, the Department of Public Works, the Fire Department, the Law Department, National Grid, Solar City, the Department of Permits and Inspections, the Office of Strategic Planning, the City Planning Board, the Environmental Management Commission and Erie County. boP+-e4' C:\Users\clehner\AppDatatLocal\MicrosoftlWindows\Temporary Internet Files\Content.OutlookUSMLCIH5\Resolution-solar panel systems.docx 3� a 674 Food Store License (New) — 881 William a/k/a 389 Fillmore (Fill)(DPIS) (Item No. 1904, C.C.P., Sept. 29, 2015) Mr. P eo.i.etmoved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services approves the application of Michael Boyle d/b/a 716 Food Mart LLC, to operate a food store located at 881 William a/k/a 389 Fillmore. PASSED AYES —� NOES -0 Recommended by the Committee on Legislation Chairperson C:1UserslclehnerlAppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MLCIH5\Food Store License -new -881 William aka 389 Fillmore.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ MAJ. - 51 [2/3 - 6] [ 3/4 - 7] *AYE* NO * 01675 Used Car Dealer 2655 Bailey(Univ)(EDPI) (C.C.P. 415-1809 Sept 15) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED c,\,s. Recommended by the Committee on Legislation 01 6?C C. Auerbach, Agent, Use 169 Buffalo River to Re -Establish a Scrap Metal Recycling & Processing in the Bflo Coastal Spec Dist(South)(hrg 9/22) (C.C.P. #15 -1822 -Sept 15) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 03'\ RESOLUTIONS July 5, 2016 na 01677 RESOLUTION By: Delaware District Council Member Joel P. Feroleto and Masten District Council Member Ulysees O. Wingo, Sr. Re: Buffalo Common Council Supports A 10510 Peoples -Stokes Same as S 4237-A GALLIVAN Whereas: In September 1973, eleven western New York counties and 2 cities established the Western Regional Off—Track Betting Corporation, they being Cattaraugus, Chautauqua, Erie (and the City of Buffalo), Genesee, Livingston, Monroe (and the City of Rochester), Niagara, Orleans, Seneca, Steuben, and. Wayne, as enabled by state law; and Whereas: These municipal "stockholders" chose to exercise that local option to form such a corporation that dictated local control by those municipalities over such gaming activities in their respective communities; and Whereas: The start-up costs of this enterprise were funded solely by these initiating counties from their own treasuries of taxpayer money and represented no state money nor allowed for any state sharing of this purely local venture; and Whereas: Since those eleven counties voted to form Western Regional Off -Track Betting Corporation, an additional four western New York counties have joined them ( Wyoming, Schuyler, Oswego, and Cayuga) in the local control of such gaming activities that has since generated over $215 Million in operating and surcharge revenues to the taxpayers of those participating municipalities; and Whereas: Assemblywoman Peopkles-Stokes A10510 was passed by the New York State Assembly unanoumsly, Senator Gallivan S4237 -A was passed by the New York State Senate 61-1; and Whereas: Western Regional Off Track Betting/Batavia Downs Gaming needs the adoption of this Bill to maintain and or increase revenues to the City of Buffalo due to the encroachment of recently approved and expansion Gaming facilities in New York State; and Whereas: The participating municipalities of Western OTB as its shareholders have a pro -rata financial interest in the $69 million of net equity re -invested in its 30 -plus corporately -owned branch facilities and the track and casino at Batavia Downs; and Whereas: Batavia Downs Gaming is the only municipally owned Gaming Facility in New York State; and Whereas: Western Regional Off Track Betting has proven to be a successful Public Benefit Corporation for the benefit The City of Buffalo. Now, Therefore Be It Resolved: That the City of Buffalo Common Council supports this legislation approved by the New York State Senate and Assembly and respectfully urges Governor Cuomo to sign this into law. Be It Further Resolved: That copies of this resolution be sent to the Mayor of Buffalo, Senate Majority Leader Flanagan, Assembly Leader Heastie and Governor Cuomo. Joel P. Feroleto Delaware District Council Member ADOPTED Ulysees O. Wingo, Sr. Masten District Council Member 01678 BY: MR FRANCZYK RE: SPEEDING ON MOSELLE STREET WHEREAS: Recently a toddler was tragically killed when a motorist driving on Moselle Street ran into the infant's stroller; and, WHEREAS: Although the exact circumstances of this tragic accident are still being investigated, there are some mitigating measures that may prevent similar terrible events from happening in the future; WHEREAS: One of the problems pointed out in Common Council session last year about Moselle Street were the number of sidewalks destroyed by past demolition contractors forcing people to walk in the street; and, WHEREAS: The other problem is irresponsible drivers frequently and recklessly speed well beyond the city speed limits up and down Moselle Street, putting people in great danger; and WHEREAS: A combination of approaches are needed to make Moselle and other streets safer, including aggressive police ticketing of speeders, police cameras and electronic speed signs, continued vigilance to ensure that contractors repair sidewalks they damage during the demolition process and traffic calming measures recommended by the Public Works Department; NOW THEREFORE BE IT RESOLVED: That the Public Works Department report on the feasibility of putting a Stop Sign on Moselle Street possibly near Frankfort Street or adjacent location on Moselle to slow vehicles racing down the street, as well as repairing those sidewalks destroyed or worn down on Moselle Street; BE IT FURTHER RESOLVED: That the Common Council request that the Buffalo Police Department step up efforts to stop speeding on Moselle and other streets; BE IT ALSO RESOLVED: That the Inspections Department continues to ensure that demolition contractors repair city sidewalks they damage or destroy in a timely manner; BE IT FINALLY RESOLVED: That the above mentioned departments report to the Common Council on progress with conditions on Moselle Street. ctirvek c_caP Sec1:4— -0 1 L�'C"1 s�5, /ha yd t ct-^e1- ! PTE® AND --TI Ei NVAB- IONER-0 - PUBLIC WORKS. PARKS AND STREETS DAVID A. FRANCZYK 01679 RESOLUTION In the Common Council of The City of Buffalo, On July 5, 2016 Council Member Golombek, Jr. submitted the following resolution: Moratorium on Communication Towers in The City of Buffalo Whereas, communication towers are structures comprised of electronic communications equipment and a large antennae built for cell phone and wireless network reception; Whereas, while most communication tower sites are inconspicuous, there are several cases in The City of Buffalo where the location of the a tower is a major eyesore for the residents who live and work within its vicinity; Whereas, under Buffalo City Code Chapter 511-158: "Communication towers or antennas that are proposed to be constructed, relocated, rebuilt or extended in any R District and that are not proposed to be mounted or attached on existing communication towers, buildings or structures shall be permitted in any R District, provided that a restricted use permit has been obtained pursuant to Buffalo Code § 511-55. In addition to the factors contained in Buffalo Code § 511-55, the Common Council may consider other factors consistent with the legislative intent of this article as contained in Buffalo Code Chapter 103, Article VII, § 103-58. The Common Council may impose reasonable restrictions on any applicant as may be necessary to fulfill the legislative intent of this article. Any denial of an application by the Common Council shall be made in writing and contained in a written record specifying the reasons for the denial." Whereas, to promote and protect the public health, safety and welfare, preserve the aesthetic character of the communities of The City of Buffalo, and to reasonably regulate the development and operation of cell towers within the City to the extent permitted under State and federal law, The City of Buffalo should consider zoning changes that would better regulate cell phone tower locations; Whereas, a one year moratorium on communication towers will allow The City of Buffalo to make any necessary changes and halt the building of towers in areas that will negatively impact residents: Now, Therefore Be It Resolved that The City of Buffalo Common Council - 1) Requests a moratorium on any new cell phone towers until July 5, 2017 to provide adequate time for The City of Buffalo to consider JG:jm Page 1 of 2 9\1 zoning requirement and City Charter changes that may be necessary for the well-being of residents; 2) Calls on the City of Buffalo Office of Permits and Inspections to cease accepting any and all communication tower building permits, including all current applications, during the term of the moratorium; 3) Requests that the City Clerk forward copies of this resolution to the office of the Mayor, Permits and Inspections and the Federal Communications Commission. ()wok Ya41,$* Joseph Golombek, Jr. NORTH DISTRICT COUNCIL MEMBER ADOPTEt JG:jm Page 2 of 2 01680 No. By: Mr. Pridgen Councilmember Scanlon Excused From Council Meeting RESOLVED: That Councilmember Christopher P. Scanlon, be and hereby is excused from attendance at the Common Council Meeting of July 5, 2016. ADOPTED. By: Council President Pridgen 01681 Appoint Common Council and City Clerk Staff Councilmember Rivera placed in nomination the following individuals for appointments with the Common Council and City Clerk's Office effective July 1, 2016: Linda Andersen Veola Brooks Malcolm Ertha Jason Hurley Timothy Richards Seconded By: Legislative Aide Assistant Legislative Aide II Sr. Legislative Assistant to Common Council Legislative Assistant Councilmember Sr. Legislative Assistant to Common Council A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: DOP hD [ ] [MAJ- 5 [ 2/3 - 6 ] [3/4 - 7] FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT 01682 RESOLUTION In the Common Council of the City of Buffalo On June 23rd, 2016 Council Member David A. Rivera submitted the following resolution: FEE WAIVER FOR PUERTO RICAN AND HISPANIC DAY PARADE AND FESTIVAL Whereas, The Puerto Rican and Hispanic Day Parade of Western New York will be hosting their 14th annual parade and celebration on August 20th, 2016; and Whereas, This wonderful event will take place in front of Buffalo City Hall at 1:OOpm and will be marching north on Niagara Street and concluding on Porter Avenue; and Whereas, The Puerto Rican and Hispanic Day Parade of Western New York will also be holding a day long festival located at La Salle Park on Saturday, August 20th coinciding after the parade, as well as an additional event the day after on Sunday, August 216t; and Whereas, The Puerto Rican and Hispanic Day Parade of Western New York is a not-for- profit organization with the sole mission of planning and promoting festivities that celebrate and encourage Puerto Rican and Hispanic traditions, culture, cuisine, and heritage throughout the Western New York community; 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 Office of Special Events. PASSED David A. Rivera Majority Leader Niagara Dist. Council Member *AYE* NO * FEROLETO * * * * * * FONTANA * FRANCZYK * GOLOMBEK * PR1DGEN * RIVERA * SCANLON • WINGO WYATT [ ] [ MAJ - 5] [ 2/3 - 6] [3/4 - 7] 01683 RESOLUTION In the Common Council of The City of Buffalo, On July 5, 2016 Council Member Wingo submitted the following resolution: Waive Park Fees for 1st Annual MBCC Picnic Whereas, Whereas, Chapter 175 of the code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and activities required under various chapters of the City Charter,; Whereas, the 1st Annual MBCC Picnic will be held in MLK Park on July 3, 2016; Now, Therefore Be It Resolved that the City of Buffalo Common Council - 1) That the Common Council of the City of Buffalo respectfully request that the, Department of Permits and Inspections, and the Department of Public Works waive fees applicable for the 1st Annual MBCC Picnic; 2) That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events. PASSED / — Ho ? Ulysees 0. , Sr. Masten District Councilmember \066 01684 RESOLUTION In the Common Council of The City of Buffalo, On July 5, 2016 Council Member Wyatt submitted the following resolution: Additional Police Detail on Residential Streets Whereas, residential side street speed limits are generally posted as 30 miles per hour and less in school and construction zones; Whereas, these areas have high pedestrian foot traffic and drivers are required to be aware of their surroundings and to follow the speed limit at all times; Whereas, there have recently been a litany of complaints from citizens regarding speeding and running of stop signs on residential side streets; Whereas, there have been several reported accidents in residential side streets, including a fatal accident on Moselle Street in which a mother and her infant child were struck by a vehicle that was not obeying the speed limit: Now, Therefore Be It Resolved that The City of Buffalo Common Council - 1) Requests that the Office of Citizen Services provide all relevant information from the 311 Call and Resolution Center to Buffalo Police regarding citizen complaints about traffic violations on residential streets; 2) Resolves that the Buffalo Police Force add additional traffic police details on residential side streets that have had a litany of complaints regarding speeding, running of stop signs; 3) Requests that the City Clerk send copies of this resolution to Buffalo Police and the Office of Citizen Services. "ADOPTED RNCW: jm Page 1 of 1 ,6, 6l Rashe .0 Wya IVERSITY COUNCIL MEMBER BY: MR. WYATT 01685 BUDGET AND PERSONNEL AMENDMENT 11— ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 1050 — BUDGET & MANAGEMENT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 11 — Administration, Finance, Policy & Urban Affairs 1050 — Budget & Management , Is hereby amended to read: 1 Senior Special Assistant to Administration & Finance $ 50,343 Is hereby amended to read: 1 Senior Special Assistant to Administration & Finance $ 55,556 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSE® MARK J.F. SCHROEDER COMPTROLLER 47 APPRO D AS TO FORM Corporation Counsel dgZ---(11 ,C4,3 BYR W. BROWN MAYOR DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS 10 Budget and Personnel Amendments Existing position(s) Title Budgeted Salary Requested Titles 1 Senior Special Assistant 1 Senior Special Assistant $ 50,343 $ 55,556 1 $ 50,343 1 1 $ 55,556 1 Change in Annual Budget I $ 5,213 I Vacant Position 1 Director of Budget $ 111,278 Per payperiod $ 4,280 Number of payperiods to keep vacant to cover the cost of new title/salary 1.22 payperiods •r BY: MR. WYATT O i 6 8 ( BUDGET AND PERSONNEL AMENDMENT 55 — COMMUNITY SERVICES 1301— ADMINISTRATIOM The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55- Community Services, 1301 -Administration, Is hereby amended to read: 1 Secretary to the Commissioner of Community Services • $ 39,779 Is hereby amended to read: 1 Secretary to the Commissioner of Community Services $ 43,379 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, OTIS T BARKER, ACTING COMMISSIONER OF COMMUNITY SERVICES AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. BYRO )V. BROWN MAYIR MARK J.F. SCHROEDER COMPTROLLER ,f -- APPROVED AS TO FORM Corporation Counsel 0/6 rg„ O_ OTIS T. BARKER ACTING COMMISSIONER OF COMMUNITY SERVICES DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS PASSED 11 4-1 Budget and Personnel Amendments Existing position(s) Title Budgeted Salary Requested Titles 1 Secretary to the Commissioner 1 Secretary to the Commissioner $ 39,779 $ 43,379 1 $ 39,779 1 1 $ 43,379 1 Change in Annual Budget II $ 3,600 I Vacant Position 1 Commissioner of Comm Services $ 106,060 Per payperiod $ 4,079 Number of payperiods to keep vacant to cover the cost of new title/salary 0.88 payperiods leo FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO • WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] *AYE* NO * * * * 0 * * BY: MR. WYATT 01681 1 BUDGET AND PERSONNEL AMENDMENT 03 — EXECUTIVE 1519 — CITIZEN SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03- Executive, 1519 -Citizen Serices, Is hereby amended to read: 1 311 Call Center Manager $ 66,300 Is hereby amended to read: 1 311 Call Center Manager $ 75,160 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED` 71a S -t. MARK J.F. SCHROEDER COMPTROLLER APPROVED AS TO FORM Corporation Counsel DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS 1 aJ Budget and Personnel Amendments Existing position(s) Title Budgeted Salary Requested Titles 1 311 Call Manager 66,300 $ 66,300 1 311 Call Manager $ 75,160 I$ 75,160 Change in Annual Budget ! $ 8,860 I Vacant Position 1 Deputy Mayor $ 114,240 Per payperiod $ 4,394 Number of payperiods to keep vacant to cover the cost of new title/salary 2.02 payperiods FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RNERA SCANLON WINGO • WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * 0 BY: MR. WYATT 01688 /10 BUDGET AND PERSONNEL AMENDMENT 21 -FIRE 1135 — FIRE ALARM & TELEGRAPH The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 — Fire, 1135 — Fire Alarm & Telegraph which currently reads: 3 Fire Captain 2 Fire Alarm Dispatcher Is hereby amended to read: $ 80,508 $ 78,956 Fire Captain $ 80,508 Fire Alarm Dispatcher $ 78,956 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. GARNELL WHITFIELD, COMMISSIONER OF FIRE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. Ii 4.1 ARNELL ITFIELD COMMISSIONER OF FIRE PROVED A ORM Corporation Counsel DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS �3 FES FO GOL K P VIBRA SCS ------------- VM-Ps-3 213 - 6 A [314 - 1 BY: RASHEED N. C. VVYATT 01.689 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. Michael D. Teloh TOTAL: 1 Adopted on 7/05/16 T-1 1.0 BY: RASHEED N.C. WYATT ®1.69,0 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. Thomas A. Enstice Frank J. Gizzo Jr. Mary E. Gugliuzza Eric John Kross William B. Licata Joseph Paszkiewicz Total: 6 Adopted: 7/05/16 01692 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 Claims Wednesday, July 13, 2016 11:00 o'clock A.M. Committee on Civil Service Tuesday, July 12, 2016 at 9:45 o'clock A.M. Committee on Finance Tuesday, July 12, 2016 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, July 12, 2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 12, 2016 at 2:00 o'clock P.M. Special Committees (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 uo 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. 01091 No. Adjournment WINeito On a motion by Mr. Rivera, Seconded by Mr. n, the Council adjourned at ' IPM GERALD A. CHWALINSKI CITY CLERK July 5, 2016