HOUSING TRUST FUND CORPORATION MEETING OF THE MEMBERS 9:00 A.M - THURSDAY, MAY 6, 2021
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641 LEXINGTON AVENUE, NEW YORK, NY 10022 (212) 688-4000 · FAX (212) 872-0789 HOUSING TRUST FUND CORPORATION MEETING OF THE MEMBERS THURSDAY, MAY 6, 2021 9:00 A.M.
ANDREW M. CUOMO RUTHANNE VISNAUSKAS Governor Commissioner May 6, 2021 To: Housing Trust Fund Corporation Members From: Secretary of the Board Subject: Housing Trust Fund Corporation Meeting Please find enclosed, the agenda materials for the Housing Trust Fund Corporation board, governance committee and audit committee meetings on Thursday, May 13, 2021 at 9:00 a.m. The meetings are scheduled to be held by tele-conference. We look forward to meeting with you. www.nyshcr.org
AGENDA FOR THE MEMBERS’ MEETING OF THE HOUSING TRUST FUND CORPORATION MAY 13, 2021 Action Items: 1. Approval of the Minutes of the Meeting Held on April 15, 2021 2. Resolution Reauthorizing Community Investment Fund, Housing Trust Fund, and Supportive Housing Opportunity Program Awards 3. Resolution Authorizing 2020 Community Development Block Grant Awards for Community Planning, Public Infrastructure and Public Facilities Activities 4. Resolution Authorizing Community Development Block Grant Economic Development and Microenterprise Awards 5. Resolution Authorizing the Extensions of Contracts by the Governor’s Office of Storm Recovery Informational Items: 6. Review of Authorized Contracts under the Governor’s Office of Storm Recovery
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TRANSCRIPT OF THE APRIL 15, 2021 BOARD MEETINGS OF THE NEW YORK STATE HOUSING TRUST FUND CORPORATION. Linda Manley, Senior Vice President and Counsel to the Agencies, stated that she will now open the April 15, 2021 meeting of the Board of the New York State Housing Trust Fund Corporation (“HTFC”) and noted that because of the novel corona virus emergency in the State, and Federal bans on large meetings or gathering and pursuant to Governor Cuomo’s executive order 220.1 issued on March 12, 2020, which order was extended on March 21, 2021 certain provision of the open meetings law have been suspended. Ms. Manley also stated that the HTFC meeting would be held by conference call instead of as a public meeting open for the public to attend in person, and that a call-in number was made public for the public to listen to the proceedings. Ms. Manley noted that because of these special features voting procedures in prior meetings were put in place so that she asked each Board member to record their votes individually. For this meeting, and going forward, in order to expedite the meetings, she would follow the procedure used prior to the telephonic meetings, where individual votes were taken at the outset of the meetings and those votes were used going forward, unless Board members chose to vote differently on a particular item. Ms. Manley asked for a motion to call the meeting of the HTFC Board to order. Chairman Adams made the motion and Ms. Miller seconded. Mr. Olczak voted aye; Ms. Visnauskas voted aye; Mr. Curtis voted aye; Justice Sconiers voted aye. Ms. Manley noted the presence of a quorum for HTFC. Ms. Manley stated that as items were presented to each Board throughout the meetings, these motions and seconds would be used, unless specific items called for a different vote, or unless any Board Director wished to record his or her vote differently. Chairman Adams asked Ms. Manley to approve the transcripts of the last meetings. Ms. Manley proceeded to present the various board and committee transcripts of the March 11, 2021 HTFC Board meeting and noting that there were no comments from Board members, she stated that the transcript was deemed approved. The transcripts, until the Board commence their regular Board meetings, would be adopted in lieu of Minutes. Chairman Adams noted that the next agenda item was an Action Item, a Resolution Authorizing Awards from the Multifamily Finance 9% Summer 2020 Request for Proposals Process. Staff made a presentation on this item. Ms. Manley moved for adoption of the resolution transmitted in connection therewith. Considering the first and second motions previously entered, the motions were carried, and the resolution was adopted.
Chairman Adams noted that the next item on the agenda is an Action Item, a Resolution Authorizing Section 8 Project Based Voucher Awards. Staff made a presentation on this item. Ms. Manley moved for adoption of the resolution transmitted in connection therewith. Considering the first and second motions previously entered, the motions were carried, and the resolution was adopted. Chairman Adams noted that the next item on the agenda is an Action Item, a Resolution Authorizing an Extension of Contract with Guidehouse Holdings Corporation. Staff made a presentation on this item. Ms. Manley moved for adoption of the resolution transmitted in connection therewith. Considering the first and second motions previously entered, the motions were carried, and the resolution was adopted. Chairman Adams noted that the next item on the agenda is an Action Item, a Resolution Authorizing an Extension of Contract with Almas Construction. Staff made a presentation on this item. Ms. Manley moved for adoption of the resolution transmitted in connection therewith. Considering the first and second motions previously entered, the motions were carried, and the resolution was adopted. Chairman Adams noted that the next item on the agenda is an Action Item, Resolution Authorizing Community Development Block Grant Economic Development Awards. Staff made a presentation on this item. Ms. Manley moved for adoption of the resolution transmitted in connection therewith. Considering the first and second motions previously entered, the motions were carried, and the resolution was adopted. Chairman Adams noted that the next item on the agenda is an Informational Item, it is a Review of Authorized Contracts under the Governor’s Office of Storm Recovery. Ms. Manley moved for adoption of the resolution transmitted in connection therewith. Considering the first and second motions previously entered, the motions were carried, and the resolution was adopted. Chairman Adams asked Ms. Manley to adjourn the HTFC meeting.
There being no unfinished business, Linda Manley asked for a motion to adjourn the HTFC meeting. Considering the first and second motions previously entered, the motions were carried, and the meeting was adjourned at 11:00 a.m. Ms. Manley informed the Members that the next HTFC Board meeting is scheduled for Thursday, May 13, 2021 at 9:00 a.m. Ms. Manley noted that the June meeting will likely be rescheduled and that staff would let Board members know the new date well in advance. .
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ANDREW M. CUOMO RUTHANNE VISNAUSKAS Governor Commissioner/CEO TO: Housing Trust Fund Corporation Board Members FROM: Brett Hebner, Vice President, Multifamily Finance SUBJECT: Reauthorization of HTFC Awards DATE: May 6, 2021 __________________________________________________________________ Background: The HTFC Board previously authorized the CIF, HTF and/or SHOP awards to the projects listed below. In accordance with a previous resolution of the HTFC Board, capital awards were authorized for an effective period of 360 days, to incentivize progress toward closing on construction financing. As a result of various delays including securing local and federal approvals, cost increases, and the impact of the COVID-19 pandemic, the original HTFC awards require reauthorization in order to proceed to a closing. Significant progress toward construction financing closings has been made in connection with the below listed projects along with financial investments and commitments made in good faith. The remaining outstanding issues are able and expected to be resolved once the awards are reauthorized. Recommendation In light of the significant progress that has been made and the expectation that each of these projects will resolve any outstanding issues and move to a construction financing closing, the Office of Finance & Development recommends a reauthorization of the following awards: Hampton Plaza, 38-40 State St., Albany NY 12207 │www.nyshcr.org
Project Award Residential Project ID Awardee County Region Program(s) Name Amount(s) Units Wilder Balter Lewisboro Mid- 20176029 Westchester HTF $4,200,000 42 Partners, Inc. Commons Hudson Concern for Concern Long 20186035 Independent Suffolk SHOP $1,500,000 60 Southampton Island Living, Inc. Galvan Galvan Capital 20186095 Armory Day Columbia CIF $1,150,000 N/A Foundation District Care Center Belmont Housing True Bethel Western 20190339 Resources for Niagara HTF $2,400,000 39 Commons NY WNY, Inc. Webster Geel Community 20190357 Avenue Bronx NYC HTF $6,298,426 116 Services, Inc. Apartments Azimuth True Colors 20190358 Development Central New York NYC SHOP $2,550,000 51 Group, LLC Harlem Selkirk Capital 20190375 NRP Holdings, LLC Albany HTF $3,400,000 72 Reserve District Hampton Plaza, 38-40 State St., Albany NY 12207 │www.nyshcr.org
A RESOLUTION OF THE HOUSING TRUST FUND CORPORATION REAUTHORIZING AWARDS UNDER THE LOW-INCOME HOUSING TRUST FUND PROGRAM, THE COMMUNITY INVESTMENT FUND PROGRAM, AND THE SUPPORTIVE HOUSING OPPORTUNITY PROGRAM WHEREAS, the Housing Trust Fund Corporation (“HTFC”) was created pursuant to Section 45- a of the New York Private Housing Finance Law; and WHEREAS, Article 18 of the New York Private Housing Finance Law created the Low-Income Housing Trust Fund (“HTF”) Program; and WHEREAS, Article 27 of the New York Private Housing Finance Law created the Rural and Urban Community Investment Fund (“CIF”) Program, and pursuant to Article 27, HTFC has been designated to administer the CIF Program and enter into contracts to grant awards to eligible applicants; and WHEREAS, as part of New York State’s Housing Plan, funding has been appropriated to facilitate supportive housing initiatives, including the creation of supportive housing units across the State and to administer these funds, HTFC has established the Supportive Housing Opportunity Program (“SHOP”); and WHEREAS, based on recommendations by staff, the HTFC Members had previously authorized awards under the HTF Program, the CIF Program, and SHOP Program to various projects; and WHEREAS, those previously authorized resolutions provided that the authorizations for the awards would automatically lapse after 360 days if a closing on all sources of construction financing sufficient to complete the project have not occurred; and WHEREAS, achieving the typical milestones to advance to a construction closing have been impacted by the COVID-19 pandemic and accordingly, staff has recommended the reauthorization of the awards to avoid their lapse; now, therefore, be it RESOLVED, by the Members of HTFC as follows: Section 1. The Members hereby approve the reauthorization of the awards identified below:
Award Residential Project ID Awardee Project Name County Region Program(s) Amount(s) Units Wilder Balter Lewisboro Mid- 20176029 Westchester HTF $4,200,000 42 Partners, Inc. Commons Hudson Concern for Concern Long 20186035 Independent Living, Suffolk SHOP $1,500,000 60 Southampton Island Inc. Galvan Armory Capital 20186095 Galvan Foundation Day Care Columbia CIF $1,150,000 N/A District Center Belmont Housing True Bethel Western 20190339 Resources for WNY, Niagara HTF $2,400,000 39 Commons NY Inc. Webster Geel Community 20190357 Avenue Bronx NYC HTF $6,298,426 116 Services, Inc. Apartments Azimuth True Colors 20190358 Development Central New York NYC SHOP $2,550,000 51 Group, LLC Harlem Selkirk Capital 20190375 NRP Holdings, LLC Albany HTF $3,400,000 72 Reserve District Section 2. The Members hereby approve the entering into of a regulatory agreement with the applicant, upon its satisfactory compliance with any pre-contract conditions as required by statute or regulation, and consistent with such terms and conditions as set forth by program guidelines. Section 3. The Members hereby authorize any officer in the Office of Finance and Development or Senior Officer as defined in the By-Laws of HTFC to execute any documents which may be necessary and appropriate to effectuate the purposes of this resolution. Section 4. This resolution shall be effective immediately. Dated: May 13, 2021
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ANDREW M. CUOMO RUTHANNE VISNAUSKAS Governor Commissioner/CEO MEMORANDUM To: Housing Trust Fund Corporation Board Members From: Crystal Loffler, President, Office of Community Renewal Scott LaMountain, Program Director, CDBG Economic Development Charlie Philion, Program Director, CDBG Community Development Date: May 6, 2021 Subject: 2020 Award Recommendations NYS Community Development Block Grant – Public Infrastructure, Facilities & Community Planning Reason Before the Members The Office of Community Renewal (OCR) is advancing approximately $20 million in NYS CDBG award recommendations for review, consideration and action by the Housing Trust Fund Corporation. NYS CDBG CFA Application and Awards Process Eligible applicants for the NYS CDBG program are cities, towns, and villages with populations under 50,000 (except cities that are designated principal cities of Metropolitan Statistical Areas), and counties with populations of less than 200,000; some 1,300 communities across NYS. The source of the NYS CDBG program funds for these recommendations is the 2020 state administered CDBG allocation from the U.S. Department of Housing and Urban Development (HUD). The application for 2020 New York State Community Development Block Grant (NYS CDBG) Community Planning, Public Facilities and Public Infrastructure funds opened for applicants on December 30, 2020 and closed March 5, 2021. Applications have been evaluated, scored, and ranked by the OCR. The application review and selection processes were conducted in a transparent manner using existing federal and state merit-based statutory and regulatory criteria including but not limited to need; feasibility; impact; reasonableness of cost and administrative capacity. Award recommendations are advanced in accordance with the New York State 2016 - 2020 Consolidated Plan, the 2020 New York State Annual Action Plan and the Notice of Funding Availability (NOFA). NYS CDBG Funding Demand and Award Recommendations The Notice of Funding Availability provided for the availability of $20 million for 2020 CDBG Public Infrastructure and Facilities Programs and Community Planning activities. Hampton Plaza, 38-40 State St., Albany NY 12207 │www.hcr.ny.gov
# Applications: 118 Amount Requested: $69,849,513 Recommended Awards: 33 Recommended Award Amount: $20,087,611 Estimated Funds Leveraged by Awards: $65,974,710 Applications and Award Recommendations by Activity # of # of Type Applications Requested $ Awards Total Award $ Community Planning 46 $ 2,047,015 11 $ 476,590 Public Facility 9 $ 3,583,350 5 $ 1,433,350 Public Sewer 34 $ 35,965,837 9 $ 9,297,671 Public Water 29 $ 28,253,311 8 $ 8,880,000 Grand Total 118 $ 69,849,513 33 $ 20,087,611 Applications and Award Recommendations by Region # of # of REDC Region Applications Requested $ Awards Total Award $ Capital District 16 $ 8,873,700 6 $ 2,233,600 Central New York 3 $ 2,539,425 - - Finger Lakes 17 $ 6,519,406 3 $ 1,065,500 Mid-Hudson 14 $ 10,454,257 2 $ 1,808,875 Mohawk Valley 19 $ 13,885,152 7 $ 4,385,600 North Country 13 $ 9,934,637 2 $ 283,350 Southern Tier 23 $ 12,289,046 7 $ 6,428,796 Western New York 13 $ 5,353,890 6 $ 3,881,890 Grand Total 118 $ 69,849,513 33 $ 20,087,611 Recommendation and Required Action by the Members A resolution authorizing HTFC to award projects and enter in grant agreements under the NYS CDBG Program. Hampton Plaza, 38-40 State St., Albany NY 12207 │www.hcr.ny.gov
CFA # Project # Applicant Type County REDC Region Recommended 105677 847CP24-20 City of Oneonta Community Planning Otsego Mohawk Valley $45,600 104850 1015CP86-20 City of Salamanca Community Planning Cattaraugus Western New York $50,000 105244 528CP59-20 Herkimer County Community Planning Herkimer Mohawk Valley $50,000 105020 636CP77-20 Lewis County Community Planning Lewis North Country $50,000 104630 84CP116-20 Town of Bath Community Planning Steuben Southern Tier $50,000 105723 232CP18-20 Town of Chester Community Planning Warren Capital District $36,100 105172 1008CP65-20 Village of Rushville Community Planning Ontario, Yates Finger Lakes $38,000 105705 1071CP21-20 Village of Sherman Community Planning Chautauqua Western New York $47,500 105810 1206CP8-20 Village of Waterloo Community Planning Seneca Finger Lakes $27,500 104646 1238CP113-20 Village of Westfield Community Planning Chautauqua Western New York $34,390 105703 1249CP22-20 Village of Whitehall Community Planning Washington Capital District $47,500 105793 259PF14-20 City of Cohoes Public Facility Albany Capital District $300,000 105328 1210PF54-20 City of Watervliet Public Facility Albany Capital District $300,000 104659 1103PF110-20 St Armand Public Facility Essex North Country $233,350 105477 580PF42-20 Town of Jefferson Public Facility Schoharie Mohawk Valley $300,000 105816 1197PF6-20 Warren County Public Facility Warren Capital District $300,000 105854 938PR4-20 City of Port Jervis Public Sewer Orange Mid-Hudson $1,000,000 104967 1115PR85-20 Steuben County Public Sewer Steuben Southern Tier $998,796 105427 306PR45-20 Town of Darien Public Sewer Genesee Finger Lakes $1,000,000 105136 85PR69-20 Village of Bath Public Sewer Steuben Southern Tier $1,250,000 104744 282PR103-20 Village of Corinth Public Sewer Saratoga Capital District $1,250,000 104844 421PR89-20 Village of Franklinville Public Sewer Cattaraugus Western New York $1,250,000 104639 793PR115-20 Village of New Paltz Public Sewer Ulster Mid-Hudson $808,875 105663 796PR26-20 Village of New York Mills Public Sewer Oneida Mohawk Valley $490,000 104598 1071PR117-20 Village of Sherman Public Sewer Chautauqua Western New York $1,250,000 Hampton Plaza, 38-40 State St., Albany NY 12207 │www.hcr.ny.gov
104672 462PW108-20 City of Gloversville Public Water Fulton Mohawk Valley $1,000,000 105138 160PW68-20 Town of Campbell Public Water Steuben Southern Tier $1,250,000 105799 1045PW11-20 Town of Schuyler Public Water Herkimer Mohawk Valley $1,250,000 105340 17PW53-20 Village of Alfred Public Water Allegany Western New York $1,250,000 105202 173PW62-20 Village of Canisteo Public Water Steuben Southern Tier $1,250,000 105361 258PW51-20 Village of Cohocton Public Water Steuben Southern Tier $380,000 105088 1063PW74-20 Village of Sharon Springs Public Water Schoharie Mohawk Valley $1,250,000 105290 1211PW55-20 Village of Watkins Glen Public Water Schuyler Southern Tier $1,250,000 Hampton Plaza, 38-40 State St., Albany NY 12207 │www.hcr.ny.gov
A RESOLUTION OF THE HOUSING TRUST FUND CORPORATION AUTHORIZING AWARDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR COMMUNITY PLANNING, PUBLIC FACILITIES AND PUBLIC INFRASTRUCTURE WHEREAS, the Housing Trust Fund Corporation (“HTFC”) was created pursuant to Section 45-a of the New York Private Housing Finance Law; and WHEREAS, the HTFC is authorized to administer the Community Development Block Grant Program for Community Planning, Public Facilities and Public Infrastructure funds (“CDBG Program”); and WHEREAS, the application for 2020 New York State Community Development Block Grant (NYS CDBG) Community Planning, Public Facilities and Public Infrastructure funds opened for applicants on December 30, 2020 and closed March 5, 2021; and WHEREAS, applications were evaluated, scored, and ranked using existing federal and state merit-based statutory and regulatory criteria and the HTFC staff recommends awarding $20,087,611 in funds all in accordance with the New York State 2016 - 2020 Consolidated Plan, the 2020 New York State Annual Action Plan and the Notice of Funding Availability (NOFA); now, therefore, be it RESOLVED, by the Members of HTFC as follows: Section 1. The Members hereby approve awards of CDBG Program funds to the awardees identified below. CFA # Project # Applicant Type County REDC Region Recommended 105677 847CP24-20 City of Oneonta Community Planning Otsego Mohawk Valley $45,600 104850 1015CP86-20 City of Salamanca Community Planning Cattaraugus Western New York $50,000 105244 528CP59-20 Herkimer County Community Planning Herkimer Mohawk Valley $50,000 105020 636CP77-20 Lewis County Community Planning Lewis North Country $50,000 104630 84CP116-20 Town of Bath Community Planning Steuben Southern Tier $50,000 105723 232CP18-20 Town of Chester Community Planning Warren Capital District $36,100 105172 1008CP65-20 Village of Rushville Community Planning Ontario, Yates Finger Lakes $38,000 105705 1071CP21-20 Village of Sherman Community Planning Chautauqua Western New York $47,500 105810 1206CP8-20 Village of Waterloo Community Planning Seneca Finger Lakes $27,500 104646 1238CP113-20 Village of Westfield Community Planning Chautauqua Western New York $34,390 105703 1249CP22-20 Village of Whitehall Community Planning Washington Capital District $47,500 105793 259PF14-20 City of Cohoes Public Facility Albany Capital District $300,000
105328 1210PF54-20 City of Watervliet Public Facility Albany Capital District $300,000 104659 1103PF110-20 St Armand Public Facility Essex North Country $233,350 105477 580PF42-20 Town of Jefferson Public Facility Schoharie Mohawk Valley $300,000 105816 1197PF6-20 Warren County Public Facility Warren Capital District $300,000 105854 938PR4-20 City of Port Jervis Public Sewer Orange Mid-Hudson $1,000,000 104967 1115PR85-20 Steuben County Public Sewer Steuben Southern Tier $998,796 105427 306PR45-20 Town of Darien Public Sewer Genesee Finger Lakes $1,000,000 105136 85PR69-20 Village of Bath Public Sewer Steuben Southern Tier $1,250,000 104744 282PR103-20 Village of Corinth Public Sewer Saratoga Capital District $1,250,000 Village of 104844 421PR89-20 Public Sewer Cattaraugus Western New York $1,250,000 Franklinville 104639 793PR115-20 Village of New Paltz Public Sewer Ulster Mid-Hudson $808,875 Village of New York 105663 796PR26-20 Public Sewer Oneida Mohawk Valley $490,000 Mills 104598 1071PR117-20 Village of Sherman Public Sewer Chautauqua Western New York $1,250,000 104672 462PW108-20 City of Gloversville Public Water Fulton Mohawk Valley $1,000,000 105138 160PW68-20 Town of Campbell Public Water Steuben Southern Tier $1,250,000 105799 1045PW11-20 Town of Schuyler Public Water Herkimer Mohawk Valley $1,250,000 105340 17PW53-20 Village of Alfred Public Water Allegany Western New York $1,250,000 105202 173PW62-20 Village of Canisteo Public Water Steuben Southern Tier $1,250,000 105361 258PW51-20 Village of Cohocton Public Water Steuben Southern Tier $380,000 Village of Sharon 105088 1063PW74-20 Public Water Schoharie Mohawk Valley $1,250,000 Springs Village of Watkins 105290 1211PW55-20 Public Water Schuyler Southern Tier $1,250,000 Glen Section 2. The Members hereby authorize the President of the Office of Community Renewal or another authorized officer of HTFC, subject to the provisions of this resolution, to execute any documents which may be necessary and appropriate to effectuate the purposes of this resolution. Section 3. This resolution shall take effect immediately. Dated: May 13, 2020
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ANDREW M. CUOMO RUTHANNE VISNAUSKAS Governor Commissioner/CEO MEMORANDUM To: Housing Trust Fund Corporation Board Members From: Crystal Loffler, President, Office of Community Renewal Scott LaMountain, Program Director, CDBG Economic Development Date: May 6, 2021 Subject: NYS CDBG Economic Development Program Awards The NYS Office of Community Renewal makes approximately $10 Million in Community Development Block Grant (CDBG) funds available on an open-round basis, awarding funds throughout the year to units of local government to assist businesses that propose the creation and/or retention of jobs for low- and moderate-income individuals. Review criteria for projects include, but are not limited to: • Need for proposed project • Impact, i.e. cost per job created • Consistency with HUD underwriting criteria • Project readiness, i.e. site control, financing commitments in place • Administrative and financial capacity of unit of local government • Status of current open projects The three (3) applicants listed below have submitted project applications for CDBG economic development and microenterprise funding. Combined, these projects will create or retain twenty-two (22) full-time equivalent jobs with 91% to benefit low- and moderate-income individuals and assist twelve (12) businesses. Total investments equal $734,500, with $463,000 in CDBG funds and another $271,500 in private leverage. Recommendation: A resolution authorizing HTFC to award NYS CDBG Economic Development funds and enter into a grant agreements with the Village of Medina, Niagara County and Fulton County. Grant Total Jobs (L/M) Project ID Recipient Project Name County Region Amount Project Businesses Cost MJZ 4 (4) 719SB973-21 Village of Finger Restaurant Orleans $88,000 $221,000 Medina Lakes 1 Group, LLC 3 (3) 806SB974-21 Niagara Ultimate Niagara Western NY $75,000 $187,500 County Physique, Inc 1 15 (13) 432ME976-21 Fulton Fulton County Mohawk Fulton $300,000 $326,000 County ME Program Valley 10
NYS CDBG Economic Development Program – Project Briefing Sheet Village of Medina – MJZ Restaurant Group, LLC (Zambistro Restaurant) May 13, 2021 Board Meeting Applicant: Village of Medina Project Name: MJZ Restaurant Group, LLC (Zambistro Restaurant) Public Benefit: Job Creation: 22 FTE Project Description and Public Purpose The Village of Medina has requested $88,000 in NYS CDBG Economic Development funds to assist Zambistro Restaurant with furniture, fixtures, equipment, working capital and building renovations required to expand operations at the current location and adjacent property acquired located in Medina, NY. MJZ Restaurant Group, LLC formed in 2006 and operates Zambistro Restaurant, which offers fine dining and comfort food featuring local ingredients and wines. In addition, Zambistro also operates an established catering business but has lacked a space to use for the events that it caters. With that in mind, one of the owners acquired the adjacent property and has proposed to make renovations to create a multiuse banquet/bar space with seating for 50 for events and overflow from the restaurant, as well as a full-service bar and additional refrigeration and prep space. Overall, this project will allow for the growth of a local business and the redevelopment of a vacant building in the downtown. The proposed total project cost is $221,000 and the project will create 4 full-time equivalent jobs over two years, with 100% to benefit low- and moderate-income persons. The full project will assist Zambistro Restaurant with furniture, fixtures, equipment, working capital, building renovations and administration fees and NYS CDBG funds will be allocated to a portion of those costs. The NYS CDBG cost per job is $22,000. Each dollar in NYS CDBG funds provided will leverage $1.51 in private investment. Without CDBG funds, the resulting gap in financing will prevent the business from making the total planned investment and the new positions will not be created. Regions & Districts County: Orleans REDC Region: Finger Lakes Chief Elected: Michael Sidari, Mayor NYS Assembly: Stephen Hawley NYS Senate: Robert Ortt US Congressional: Chris Jacobs Financing Structure: Source of Funds: Use of Funds: CDBG $88,000 Building Renovations $133,000 Equity $133,000 FFE $60,000 Working Capital $18,000 Administration/Delivery $10,000 Total $221,000 Total $221,000
NYS CDBG Economic Development Program – Project Briefing Sheet Niagara County – Ultimate Physique, Inc. May 13, 2021 Board Meeting Applicant: Niagara County Project Name: Ultimate Physique, Inc. Public Benefit: Job Creation: 3 FTE Project Description and Public Purpose Niagara County has requested $75,000 in NYS CDBG Economic Development funds to assist Ultimate Physique, Inc. with equipment, working capital, and soft costs to assist with operating expenses to continue operations at its fitness club located in Lockport, NY. Ultimate Physique, Inc. is a fitness center operating in a redeveloped former school building that provides comprehensive fitness facilities and services, including free weights, weight machines, cardio equipment, and a variety of classes. The fitness industry was devastated by the COVID-19 pandemic, and Ultimate Physique was subject to a State-mandated shut-down. Prior to the COVID-19 pandemic, Ultimate Physique had 800 members. Since reopening under NYS guidelines, membership has declined to 400 members. As Ultimate Physique works to rebuild its membership and business, it must replace equipment that was damaged when it was moved outside to meet guidelines for operation during the pandemic and requires working capital funds to help cover operating and marketing expenses. The proposed total project cost is $187,500 and the project will create 3 full-time equivalent jobs over two years, with 100% to benefit low- and moderate-income persons. The full project will assist Ultimate Physique, Inc. with equipment, working capital and administration fees and NYS CDBG funds will be allocated to a portion of those costs. The NYS CDBG cost per job is $25,000. Each dollar in NYS CDBG funds provided will leverage $1.50 in private investment. Without CDBG funds, the resulting gap in financing will prevent the business from making the total planned investment and the new positions will not be created. Regions & Districts County: Niagara REDC Region: Western NY Chief Elected: Rebecca Wydysh, Chairperson NYS Assembly: Michael J. Norris NYS Senate: Robert G. Ortt US Congressional: Chris Jacobs Financing Structure: Source of Funds: Use of Funds: CDBG $75,000 Equipment $31,100 Equity $38,850 Working Capital $140,400 Private $59,700 Administration/Delivery $16,000 Other $13,950 Total $187,500 Total $187,500
NYS CDBG Economic Development Program – Project Briefing Sheet Fulton County – Fulton County Microenterprise Assistance Program May 13, 2021 Board Meeting Applicant: Fulton County Project Name: Fulton County Microenterprise Assistance Program Public Benefit: Job Creation: 15 FTE Project Description and Public Purpose Fulton County has requested $300,000 in NYS CDBG Economic Development funds to assist in the establishment of the Fulton County Microenterprise Assistance Program. The Fulton County Microenterprise Program will provide grants of up to $35,000 to assist with the development of a new business or expansion of an existing business. This assistance will support low income business owners and those who create jobs for low income persons. The program will contribute to workforce development and job creation throughout the County and will include a business entrepreneurship training program for participants that covers a wide range of business management topics. The Fulton County Center for Regional Growth will provide guidance, advice, and mentorship for the owners of these microenterprises. The proposed total project cost is $326,000 and the project will assist 10 microenterprises, of which 5 will be owned by LMI owners, and will create 15 full-time equivalent jobs over two years. Each dollar in NYS CDBG funds provided will leverage $0.87 in private investment. Without CDBG funds, the resulting gap in financing will prevent the business from making the total planned investment and the new positions will not be created. Regions & Districts County: Fulton REDC Region: Mohawk Valley Chief Elected: John Callery, Chariman NYS Assembly: Robert Smullen NYS Senate: James Tedisco US Congressional: Elisa Stefanik Financing Structure: Source of Funds: Use of Funds: CDBG $300,000 Microenterprise Assistance $286,000 Equity $26,000 Administration/Delivery $40,000 Total $326,000 Total $326,000
A RESOLUTION OF THE HOUSING TRUST FUND CORPORATION AUTHORIZING AWARDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAM WHEREAS, the Housing Trust Fund Corporation (“HTFC”) was created pursuant to Section 45-a of the New York Private Housing Finance Law; and WHEREAS, the HTFC is authorized to administer the Community Development Block Grant Economic Development Program (“CDBG Program”); and WHEREAS, the Office of Community Renewal staff makes approximately $10 Million in CDBG Program funds available on an open-round basis, awarding funds throughout the year to units of local government to assist businesses that propose the creation and/or retention of jobs for low- and moderate-income individuals; and WHEREAS, the Office of Community Renewal staff recommends awards to the projects described in the related memo and identified below; now, therefore, be it RESOLVED, by the Members of HTFC as follows: Section 1. The Members hereby approve the following awards in an aggregate amount not to exceed $463,000 under the CDBG Program: Jobs Grant Total Project Project ID Recipient Project Name County Region (L/M) Amount Cost Business es Village of MJZ Restaurant 4 (4) 719SB973-21 Orleans Finger Lakes $88,000 $221,000 Medina Group, LLC 1 Niagara Ultimate 3 (3) 806SB974-21 Niagara Western NY $75,000 $187,500 County Physique, Inc 1 Fulton County Mohawk 15 (13) 432ME976-21 Fulton County Fulton $300,000 $326,000 ME Program Valley 10 Section 2. The Members hereby authorize the President of the Office of Community Renewal or another authorized officer of HTFC, subject to the provisions of this resolution, to enter into agreements and execute any documents which may be necessary and appropriate to effectuate the purposes of this resolution. Section 3. This resolution shall take effect immediately. Dated: May 13, 2021
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ANDREW M. CUOMO RUTHANNE VISNAUSKAS Governor Commissioner/CEO May 6, 2021 To: Housing Trust Fund Corporation Members From: Nanika Shaw, Associate General Counsel, Governor’s Office of Storm Recovery Subject: Contract Extensions for Limited Period Without Competitive Award Process Reason Before the Members The Governor’s Office of Storm Recovery (GOSR) is seeking an extension for four (4) contracts, for one (1) year and three (3) months. The contracts include Lipsky Building Construction Inc. (“Lipsky”), Rapid Construction and Management (“Rapid”), Philipp Kampf Architecture & Design (“PKAD”), and Michael Sudano Architect P.C. (“Sudano”). Extending these contracts for one (1) year and three (3) months will result in the contracts going beyond a five (5) year period without a new competitive award process thereby triggering the rules governing Article X(b)(ii) of the GOSR Procurement Policy, which states: “Any determination not to enter into a new competitive award process, pursuant to which a Contract would exceed a projected five (5) years without a new competitive award process, shall require the affirmative concurrence of the Corporation’s Members included in a resolution adopted by the Corporation’s Members. Such affirmative concurrences shall not be required with respect to Single Source Contracts, Sole Source Contracts, existing State Agency or Authority Contracts or existing GSA Contracts.” The historical context for each contract is as follows: Lipsky On April 14, 2016, GOSR/Housing Trust Fund Corporation (“HTFC”) initiated a public and open competitive Request for Qualification (“RFQ”) #201603_047 for Professional Services for CDBG-DR Residential Elevation, Renovation and New Construction Services. Through this RFQ, a prequalified list (“PQL”) of three (3) residential elevation, renovation, and new construction services contractors was established effective July 8, 2016 and another two (2) such contractors were added to the PQL effective August 11, 2016, one of which was Lipsky. The selection of Lipsky was based on the following selection criteria identified in the RFQ: (1) Project Experience, (2) Key Personnel, (3) Technical Approach and Work Plan, and (4) Commitment to Compliance. Lipsky was the successful bidder of an Invitation for Bid (“IFB”) #027E issued by GOSR for Residential Elevation Construction Services, which was awarded on a lowest responsive and responsible bid basis. A Construction Agreement was therefore issued to Lipsky on November 2, www.nyshcr.org Page 1 of 6
2016 with an initial contract term of one (1) year, effective September 7, 2016 through September 6, 2017. The initial total funding allocation for the Lipsky contract was $5,000,000.00. This amount was established to fund the initial award to Lipsky of IFB #027E, as well as, to provide additional funding in anticipation of future bid and award opportunities. The following Amendments for the Lipsky contract (which include extensions and/or funding increases) were executed: 1). The First Amendment to the Agreement, entered into on January 20, 2017 increased the Agreement Amount from $5,000,000.00 to $10,000,000.00 with no Term extension. 2). The Second Amendment issued on November 16, 2017 increased the Agreement Amount from $10,000,000.00 to $14,000,000.00, extended the Term to September 6, 2018, and corrected two “Whereas” clauses in the First Amendment concerning the first PQL Lipsky was admitted to and the first IFB awarded to Lipsky. 3). The Third Amendment issued on July 11, 2018 increased the Agreement Amount from $14,000,000.00 to $16,550,000.00 and extended the Term to September 6, 2019. 4). The Fourth Amendment issued on January 25, 2019 increased the Agreement Amount from $16,550,000.00 to $16,720,000.00 with no Term extension. 5). The Fifth Amendment issued on August 26, 2019 increased the Agreement Amount from $16,720,000.00 to $17,720,000.00 and extended the Term to September 6, 2020. 6). The Sixth Amendment issued on November 3, 2020 increased the Agreement Amount from $17,720,000.00 to $25,100,000.00 and extended the Term to September 6, 2021. Following these contract amendments/extensions, the Lipsky contract was given a new termination date of September 6, 2021. Rapid On October 14, 2015, GOSR/HTFC initiated a public and open competitive RFQ #201510_040 for Professional Services for CDBG-DR Residential Construction Services. Through this RFQ, a prequalified list of eleven (11) residential construction services contractors was established effective January 12, 2016, one of which was Rapid. The selection of Rapid was based on the following selection criteria identified in the RFQ: (1) Project Experience, (2) Key Personnel, (3) References, (4) Technical Approach and Work Plan, and (5) Commitment to Complying with all Applicable Federal, State, and Local Regulations. Rapid was the successful bidder of IFB#s 001, 002, and 004 issued by GOSR for Hot Spot/Small Repair Construction Services, which were awarded on a low bid low cost basis. A Construction Agreement was therefore issued to Rapid on March 9, 2016 with an initial contract term of one (1) year, effective March 9, 2016 through March 8, 2017. The initial total funding allocation for the Rapid contract was $1,000,000.00. This amount was established to fund the initial award to Rapid of IFB #s 001, 002, and 004, as well as to provide additional funding in anticipation of future bid and award opportunities. The following Amendments for the Rapid contract (which include extensions and/or funding increases) were executed: www.nyshcr.org Page 2 of 6
1). The First Amendment to the Agreement, entered into on February 10, 2017 increased the Agreement Amount from $1,000,000.00 to $2,000,000.00 and extended the Term to March 8, 2018. 2). The Second Amendment issued on August 14, 2017 increased the Agreement Amount from $2,000,000.00 to $3,000,000.00 and extended the Term to July 15, 2018. 3). The Third Amendment issued on September 18, 2018 extended the Term to July 15, 2019 with no increase in Amount. 4). The Fourth Amendment issued on August 6, 2019 extended the Term to July 15, 2020 with no increase in Amount. 5). The Fifth Amendment issued on May 27, 2020 extended the Term to July 15, 2021 with no increase in Amount. Following these contract amendments/extensions, the Rapid contract was given a new termination date of July 15, 2021. PKAD On December 28, 2015, GOSR/HTFC initiated a public and open competitive RFQ #201512_042 for Professional Services for CDBG-DR Residential Design Services. Through this RFQ, a prequalified list of two (2) residential design services contractors was established effective March 23, 2016, one of which was PKAD. The selection of PKAD was based on the following selection criteria identified in the RFQ: (1) Project Experience, (2) Key Personnel, (3) Technical Approach and Work Plan, and (4) Commitment to Compliance. PKAD was the successful bidder of RFP #002 issued by GOSR for Residential Design Services, which was awarded on a best value basis. A Design Agreement was therefore issued to PKAD on September 13, 2016 with an initial contract term of one (1) year, effective July 26, 2016 through July 25, 2017. The initial total funding allocation for the PKAD contract was $1,000,000.00. This amount was established to fund the initial award to PKAD of RFP #002, as well as to provide additional funding in anticipation of future bid and award opportunities. The following Amendments for the PKAD contract (which include extensions and/or funding increases) were executed: 1). The First Amendment to the Agreement, entered into on January 6, 2017 increased the Agreement Amount from $1,000,000.00 to $2,000,000.00 with no Term extension. 2). The Second Amendment issued on January 28, 2017 increased the Agreement Amount from $2,000,000.00 to $3,000,000.00 and extended the Term to July 25, 2018. 3). The Third Amendment issued on May 31, 2018 extended the Term to July 25, 2019 with no increase in Amount. 4). The Fourth Amendment issued on September 18, 2019 extended the Term to July 25, 2020 with no increase in Amount. www.nyshcr.org Page 3 of 6
5). The Fifth Amendment issued on December 1, 2020 extended the Term to July 25, 2021 with no increase in Amount. Following these contract amendments/extensions, the PKAD contract was given a new termination date of July 25, 2021. SUDANO On December 28, 2015, GOSR/HTFC initiated a public and open competitive RFQ #201512_042 for Professional Services for CDBG-DR Residential Design Services. Through this RFQ, a prequalified list (“PQL”) of two (2) residential design services contractors was established effective March 23, 2016. Another three (3) such contractors were added to the PQL effective May 16, 2016, and then two (2) additional contractors were added to the PQL effective July 22, 2016, one of which was Sudano. The selection of Sudano was based on the following selection criteria identified in the RFQ: (1) Project Experience, (2) Key Personnel, (3) Technical Approach and Work Plan, and (4) Commitment to Compliance. Sudano was the successful bidder of RFP #005 issued by GOSR for Residential Reconstruction Design Services, which was awarded on a best value basis. A Design Agreement was therefore issued to Sudano on September 27, 2016 with an initial contract term of one (1) year, effective September 27, 2016 through September 26, 2017. The initial total funding allocation for the Sudano contract was $1,000,000.00. This amount was established to fund the initial award to Sudano of RFP #005, as well as, to provide additional funding in anticipation of future bid and award opportunities. The following Amendments for the Sudano contract (which include extensions and/or funding increases) were executed: 1). The First Amendment to the Agreement, entered into on July 27, 2017 increased the Agreement Amount from $1,000,000.00 to $2,000,000.00 and extended the Term to September 27, 2018. 2). The Second Amendment issued on July 11, 2018 extended the Term to September 26, 2019 with no increase in Amount. 3). The Third Amendment issued on December 10, 2019 extended the Term to September 26, 2020 with no increase in Amount. 4). The Fourth Amendment issued on February 1, 2021 extended the Term to September 26, 2021 with no increase in Amount. Following these contract amendments/extensions, the Sudano contract was given a new termination date of September 26, 2021. Rationale GOSR is seeking to extend its contract with Lipsky, Rapid, PKAD, and Sudano without a new competitive award process based on an examination of several factors. These factors include a review of: (1) Covid-19 impact, (2) quality of service, and (3) timing/costliness. Covid-19 Impact www.nyshcr.org Page 4 of 6
Following the COVID-19 pandemic in early 2020, there were several months long restrictions, including the partial and full closure of permitting offices. Moreover, stringent requirements were put in place in response to the COVID-19 pandemic which ultimately impacted GOSRs activities and output related to its applicants, staff, and vendors. The resulting disruption to GOSR’s Housing Program, including its in- house construction program, has led to an unforeseen delay in the initiation, progression, and completion of GOSR construction projects. As such, the anticipated completion of necessary construction activities has been pushed to 2022. Consequently, GOSR will require the continued services of several vendors for a longer term than was previously anticipated, including currently active and experienced construction vendors and/or construction design vendors, such as Lipsky, Rapid, PKAD, and Sudano. Type/Quality of Service GOSR has established a large-scale, temporary suite of Housing Recovery programs. For five (5) years, more than half of the tenure of the program, the vendors Lipsky, Rapid, PKAD, and Sudano have provided direct construction and related services for applicants to the State’s largest housing recovery programs and subsequently supported large scale National Disaster Resiliency (“NDR”) programs. As the Program approaches final closure, a small number of applicants in need of these services remain. The four (4) vendors are amongst the primary and longest serving construction and/or construction design vendors associated with the programs. They have all developed irreplaceable, intimate knowledge of and experience with both programs. Moreover, they are privy to issues concerning the programs’ projects and are qualified to perform required tasks to address any such issues. Due to their significant history as program vendors, they have all developed institutional knowledge required to provide these necessary services which will allow GOSR’s applicants to complete their construction projects within strict time constraints. The replacement of these four (4) vendors for the remaining projects would disrupt Program closeout and potentially elongate the tenure of the remaining applicants in the Program. Timing/Costliness Lipsky provides residential elevation and general construction services for GOSR’s in-house Construction Program. GOSR seeks to extend the Lipsky contract to allow for the completion of the scope for which they are currently contracted, which includes an in-progress large scale NDR-PHA construction project. Rapid provides limited-scope residential repair construction, property maintenance, and minor repair services for GOSR’s in-house Construction Program. PKAD provides residential construction design and related services for GOSR’s in-house Construction Program. Finally, Sudano provides residential construction design, retroactive permitting, and related services for GOSR’s in-house Construction Program. The anticipated closeout of the GOSR Construction Program has been extended to September 30, 2022 pursuant to HUD’s extension of its grant’s expenditure deadline to the same date. Over the next year approximately, Program anticipates the completion of all currently pending and anticipated construction projects. GOSR seeks to extend the four (4) contracts to allow for the completion of the scope for which they are currently contracted. Due to the relatively short remaining length of the program, GOSR does not expect to utilize new procurement vehicles to close out the remaining cases and construction projects. Additionally, GOSR would like to retain the option for all four (4) vendors to bid on additional clean-up work that may be required in the coming months to close out the remaining active projects and the program. The time and expense which would be required to engage in a new solicitation and onboard new vendors for the provision of these services to the small portion of remaining applicants would not be cost effective given the expected remaining short duration of the Program and services. www.nyshcr.org Page 5 of 6
Recommendation and Required Action by Members Based on the above, there is a compelling programmatic need to extend the existing contracts with Lipsky, Rapid, PKAD, and Sudano. GOSR respectfully requests that the Members approve the Lipsky, Rapid, PKAD, and Sudano contract extensions for one (1) year and three (3) months without a new competitive award process. www.nyshcr.org Page 6 of 6
RESOLUTION OF THE HOUSING TRUST FUND CORPORATION AUTHORIZING EXTENSION OF CONTRACTS WITH LIPSKY BUILDING CONSTRUCTION INC, RAPID CONSTRUCTION AND MANAGEMENT, PHILIPP KAMPF ARCITECTURE & DESIGN, AND MICHAEL SUDANO ARCHITECT P.C. WHEREAS, the Housing Trust Fund Corporation (“HTFC” or “Corporation”) was created pursuant to Section 45-a of the New York Private Housing Finance Law; and WHEREAS, Article X(b)(ii) of the Governor’s Office of Storm Recovery (“GOSR”) Procurement Policies, states: “Any determination not to enter into a new competitive award process, pursuant to which a Contract would exceed a projected five (5) years without a new competitive award process, shall require the affirmative concurrence of the Corporation’s Members included in a resolution adopted by the Corporation’s Members. Such affirmative concurrences shall not be required with respect to Single Source Contracts, Sole Source Contracts, existing State Agency or Authority Contracts or existing GSA Contracts.”; and WHEREAS, GOSR is seeking limited extensions of the Lipsky Building Construction Inc. (“Lipsky”), Rapid Construction and Management (“Rapid”), Philipp Kampf Architecture & Design (“PKAD”), and Michael Sudano Architect P.C. (“Sudano”) contracts for an additional one (1) year and three (3) month period without a new competitive award process; and WHEREAS, Lipsky was a successful bidder in a public and open competition held pursuant to a request for qualifications issued by HTFC/GOSR on April 14, 2016 for professional services for CDBG-DR residential elevation, renovation, and new construction services. Lipsky was selected based on the quality of the company’s experience, technical approach, and commitment to compliance; WHEREAS, Rapid was a successful bidder in a public and open competition held pursuant to a request for qualifications issued by HTFC/GOSR on October 14, 2015 for professional services for CDBG-DR residential construction services. Rapid was selected based on the quality of the company’s proposal, their experience, and their references; WHEREAS, PKAD was a successful bidder in a public and open competition held pursuant to a request for qualifications issued by HTFC/GOSR on December 28, 2015 for residential design services. PKAD was selected based on the based on the quality of the company’s experience, technical approach, and commitment to compliance; WHEREAS, Sudano was a successful bidder in a public and open competition held pursuant to a request for qualifications issued by HTFC/GOSR on December 28, 2015 for residential design services. Sudano was selected based on the based on the quality of the company’s experience, technical approach, and commitment to compliance; now, therefore be it
RESOLVED, by the Members of HTFC as follows: Section 1. The Members hereby authorize the Corporation to extend its contracts with Lipsky, Rapid, PKAD, and Sudano for a one (1) year and three (3) months period without a new competitive award process. Section 2. The Members hereby authorize the GOSR Procurement Officer, HCR Procurement Officer, or another officer or authorized agent of HTFC, subject to the provisions of this resolution, to execute any documents which may be necessary and appropriate to effectuate the purposes of this resolution. Section 3. This resolution shall take effect immediately. Dated: May 13, 2021
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ANDREW M. CUOMO RUTHANNE VISNAUSKAS Governor Commissioner/CEO May 6, 2021 To: Housing Trust Fund Corporation Members From: Emily Thompson, Acting General Counsel, Governor’s Office of Storm Recovery Nanika Shaw, Associate General Counsel, Governor’s Office of Storm Recovery Subject: Review of Executed Agreements under the Community Development Block Grant Disaster Recovery Program By resolution approved on July 14, 2016, the Members authorized Daniel Greene, the former General Counsel of Storm Recovery to execute any contracts or instruments on behalf of the Housing Trust Fund Corporation (“HTFC”) as are necessary and appropriate for carrying out the State’s Community Development Block Grant Disaster Recovery (“CDBG-DR”) Action Plan without further action by the Members. The resolution required the General Counsel to certify compliance with all applicable Federal, State and local laws, rules and regulations, HTFC policies and CDBG-DR policies and guidelines. Following Daniel Greene’s departure from GOSR, by resolution adopted on November 8, 2018, the Members authorized Emily Thompson, Acting General Counsel of Storm Recovery and Shin Kim, Chief Operating Officer of Storm Recovery as agents and authorized signatories of HTFC for contracts or instruments utilizing CDBG-DR grants funds or other sources of funding related to disaster recovery, without further action by the Members. The resolution requires the Acting General Counsel and/or Chief Operating Officer to certify compliance with all applicable Federal, State and local laws, rules and regulations, HTFC policies and CDBG-DR policies and guidelines. Since the last update, the General Counsel, Acting General Counsel, and/or Chief Operating Officer of Storm Recovery have executed the following: www.nyshcr.org Page 1 of 2
Fourth (4th) Amendment to Indu LLC dba Intigrow’s Agreement Amendment Execution Date: 4/30/21 Current Agreement Term: 4/26/17-4/30/21 Amended Term: 4/30/22 Current Contract Amount: N/A Amendment Amount: N/A Total Contract Amount: N/A Purpose: This Fourth Amendment extends the contract term by an additional one (1) year, to April 30, 2022, with no change in contract amount, to authorize continued services of temporary personnel. The amendment also amends the Exhibit B health insurance rates to align with GOSR’s 2021 rates, amends section 3 (e )(i) of Exhibit A entitled “Paid Time Off”, and amends section 3 (e )(iii) entitled “Paid Sick Leave” to comport with changed NYS Law requiring a maximum of 56 annual paid sick leave. Fourth Amendment to 22nd Century Technologies Inc’s Agreement as follows: Amendment Execution Date: 4/29/21 Current Agreement Term: 4/26/17-4/30/21 Amended Term: 4/30/22 Current Contract Amount: N/A Amendment Amount: N/A Total Contract Amount: N/A Purpose: This Fourth Amendment extends the contract term by an additional one (1) year, to April 30, 2022, with no change in contract amount, to authorize continued services of temporary personnel. The amendment also amends the Exhibit B health insurance rates to align with GOSR’s 2021 rates, amends section 3 (e )(i) of Exhibit A entitled “Paid Time Off”, and amends section 3 (e )(iii) entitled “Paid Sick Leave” to comport with changed NYS Law requiring a maximum of 56 annual paid sick leave. Community Reconstruction (CR) and Infrastructure Program Subrecipient Agreements and Amendments Subrecipient Agreements N/A Amendments to Subrecipient Agreements N/A www.nyshcr.org Page 2 of 2
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