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NEW YORK STATE HOUSING FINANCE AGENCY
STATE OF NEW YORK MORTGAGE AGENCY
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY
TOBACCO SETTLEMENT FINANCING CORPORATION
STATE OF NEW YORK MORTGAGE AGENCY MORTGAGE INSURANCE
COMMITTEE
NEW YORK STATE HOUSING FINANCE AGENCY FINANCE AND PROGRAM
COMMITTEE
641 LEXINGTON AVENUE, NEW YORK, NY 10017
(212) 688-4000 - FAX (212) 872-0789
BOARD MEETINGS
THURSDAY, JUNE 11, 2020
9:00 A. M.
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
641 Lexington Avenue • New York, NY 10022 • nyshcr.org
F:\LEGAL\LV\2020\Board book June 11\Member Listing\Member Listing.docx
BOARD OF DIRECTORS
HFA/AHC MEMBERS SONYMA DIRECTORS
Kenneth G. Adams, Chairman Kenneth G. Adams, Chairman
RuthAnne Visnauskas , Vice Chair RuthAnne Visnauskas, Vice Chair
Michael R. Schmidt Jonathan A. Ballan
Joyce L. Miller David E. Kapell
Robert Mujica Joyce L. Miller
Robert Mujica
Maria T. Vullo
Bethaida Gonzalez
MBBA/TSFC MEMBERS/DIRECTORS
Kenneth G. Adams, Chairman
Joyce Miller
Robert Mujica
Rossana Rosado
Andrew SanFilippo
STATE OF NEW YORK MORTGAGE AGENCY MORTGAGE INSURANCE
COMMITTEE
Kenneth G. Adams, Chairman
Jonathan A. Ballan
David E. Kapell
Robert Mujica
RuthAnne Visnauskas
1
NEW YORK STATE HOUSING FINANCE AGENCY
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
STATE OF NEW YORK MORTGAGE AGENCY
STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY
TOBACCO SETTLEMENT FINANCING CORPORATION
STATE OF NEW YORK MORTGAGE AGENCY MORTGAGE
INSURANCE COMMITTEE
NEW YORK STATE HOUSING FINANCE AGENCY FINANCE AND
PROGRAM COMMITTEE
JUNE 11, 2020 ______________________________________________________________________________
SHARED ACTION ITEMS:
1. Approval of the transcript of the meetings of the New York State Housing Finance
Agency, the State of New York Mortgage Agency, the Affordable Housing Corporation,
the State of New York Mortgage Insurance Committee and the New York State Housing
Finance Agency Finance and Program Committee held via telephone on May 14, 2020.
2. Authorization to amend (i) the Budget for the BAM project (ii) the not to exceed amount
paid under IT Temporary Staffing Consultant Services Contracts (“IT Contracts”) and
(iii) the not to exceed amount paid under HFA’s Hosting Technology Agreement with
ProLink. (HFA/SONYMA/AHC/MBBA/TSFC)
CONSENT ITEM:
3. Approval of independent audit contracts with Ernst & Young LLP
(HFA/SONYMA/AHC/MBBA/TSFC).
ITEM REQUIRING MORTGAGE INSURANCE COMMITTEE ACTION:
4. Resolution of the SONYMA Mortgage Insurance Committee approving 100% mortgage
insurance on a $5,550,000 CPC permanent first mortgage loan for Crannell Square; 35
Catharine Street, Poughkeepsie, Dutchess County.
ITEMS REQUIRING HFA FINANCE AND PROGRAM COMMITTEE AND HFA
BOARD ACTION:
5. Resolutions of the HFA Finance and Program Committee and the HFA Members
authorizing the issuance of refunding bonds for the purpose of refinancing outstanding
tax-exempt debt obligations in an estimated amount of $80,000,000 for 15 Hudson Yards,
City of New York, New York County.
2
6. Resolutions of the HFA Finance and Program Committee and the HFA Members
recommending and approving the extension of the Initial Private Placement Mode End
Date for 810 Fulton Street, Brooklyn, Kings County.
ITEMS REQUIRING AHC ACTION:
7. Approval of the Annual AHC PARIS Procurement Report for the fiscal year ending
March 31, 2020.
8. Approval of AHC’s Annual Investment Report for fiscal year ending March 31, 2020.
9. Resolution approving the AHC March 31, 2020 Financial Statements.
10. Resolution approving a PARIS filing for the period ending March 31, 2020.
SHARED ACTION ITEMS:
ITEM 1:
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
641 Lexington Avenue • New York, NY 10022 • nyshcr.org
June 4, 2020
FROM: Secretary to the Boards TO: HFA/AHC/SONYMA/MBBA/TSFC
Members and Directors
SUBJECT: Adoption of Board meeting transcript.
As a result of the COVID crisis, and in accordance with the Governor’s
Executive Order amending Article 7 of the Public Officers Law, the regularly
scheduled Board meetings of the Agencies were held on May 14, 2020 via telephone
conference, with the public having access to a telephone number through which they
could listen to the meetings.
The Executive Order provided that the public have the ability to listen to the
meeting, and that the meetings be transcribed.
In lieu of the usual Board minutes, attached is the transcript of the meetings,
which include all the materials normally included in the minutes. The transcript is
presented for your review. If there are no corrections, the transcript stands approved as
read, and will be used as the Agencies’ records of proceeding.
TRANSCRIPT OF THE MAY 14, 2020 BOARD MEETINGS OF THE STATE OF NEW YORK
MORTGAGE AGENCY, THE NEW YORK STATE HOUSING FINANCE AGENCY, THE
AFFORDABLE HOUSING CORPORATION, THE STATE OF NEW YORK MORTGAGE AGENCY
MORTGAGE INSURANCE COMMITTEE AND THE NEW YORK STATE HOUSING FINANCE
AGENCY FINANCE AND PROGRAM COMMITTEE.
Linda Manley, Senior Vice President and Counsel to the Agencies, stated that she will now open the May 14,
2020 meeting of the Board of Directors of the New York State Housing Finance Agency, the State of New
York Mortgage Agency, the Affordable Housing Corporation, the State of New York Mortgage Agency
Mortgage Insurance Committee, and the New York State Housing Finance Agency Finance and Program
Committee, 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 April 9, 2020 certain provision of the open meetings law have been
suspended.
Ms. Manley also stated that the Board 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 a change in voting procedures would be put in place
for this meeting and she would be asking each Board member to record their votes individually.
Ms. Manley asked for a motion to call the meeting of the HFA and AHC Boards to order. Chairman Adams
made the motions and Mr. Curtis seconded. Mr. Olczak voted aye; Ms. Visnauskas voted aye. Ms. Manley
noted the presence of a quorum for HFA and AHC.
Ms. Manley asked for a motion to call the meeting of the HFA Finance and Program Committee to order.
Chairman Adams made the motion and Mr. Olczak seconded the motion. Ms. Visnauskas voted aye. Ms.
Manley noted the presence of a quorum for the HFA Finance and Program Committee.
Ms. Manley asked for a motion to call the meeting of the SONYMA Board to order. Chairman Adams made
the motion and Mr. Kapell seconded. Mr. Ballan voted aye, Ms. Vullo voted aye; Ms. Visnauskas voted aye,
Mr. Olczak voted aye; and Ms. Gonzalez voted aye. Ms. Manley noted the presence of a quorum for
SONYMA.
Ms. Manley asked for a motion to call the meeting of the SONYMA Mortgage Insurance Committee to order.
Chairman Adams made the motion and Mr. Ballan seconded the motion. Mr. Kapell voted aye; Mr. Olczak
voted aye; and Ms. Visnauskas voted aye. Ms. Manley noted the presence of a quorum for the MIF.
Ms. Manley noted that a last-minute scheduling conflict will prevent Chairman Adams from staying on and
participating at today’s meeting. She noted that Chairman Adams’ vote is needed to maintain a quorum for
HFA, as well as for voting purposes. Chairman Adams explained the circumstances to the Boards and noted
that he had reviewed each of the items before the HFA Board and the Finance and Program Committee and
was prepared to vote in favor of passage of each item. Ms. Manley proceeded to record Chairman Adams’s
affirmative vote on each item on the HFA agenda. The transcript of proceedings will reflect his vote.
Ms. Manley proceeded to present the first item as the approval of the transcript of the meeting held on April
9, 2020. Ms. Manley asked Chairman Adams to vote and Chairman Adams voted aye.
Ms. Manley continued to present the second item as a resolution authorizing an amendment (i) to the Budget
for the BAM project (ii) the not to exceed amount paid under IT Temporary Staffing Consultant Services
Contracts and (iii) the not to exceed amount paid under HFA’s Hosting Technology Agreement with
ProLink. Ms. Manley asked Chairman Adams to vote and Chairman Adams voted aye.
Ms. Manley presented the third item as the adoption of the resolution authorizing an amendment to the
Agencies’ contract with Gartner. Ms. Manley asked Chairman Adams to vote and Chairman Adams voted
aye.
Ms. Manley presented the fourth item as the Bond sale reports for quarters ending January 31, 2020 and April
30, 2020. Ms. Manley asked Chairman Adams to vote and Chairman Adams voted aye.
Ms. Manley presented the fifth item as the adoption of resolution extending HFA/SONYMA contract with
TierPoint for leasing of space in connection with disaster recovery data center operations. Ms. Manley asked
Chairman Adams to vote and Chairman Adams voted aye.
Ms. Manley presented the following item representing HFA Finance and Program as well as HFA member as
the resolution authoring a $100,500,000 unrated, private placement financing for Dock Street apartments,
Brooklyn, Kings County. Ms. Manley asked Chairman Adams to vote and Chairman Adams voted aye.
Ms. Manley also asked Chairman Adams if he would vote in the affirmative if a Board vote was requested to
go into Executive Session. Chairman Adams voted aye.
Chairman Adams thanked the Boards for their consideration and exited the meeting. Ms. Manley noted that
for purposes of conducting the meetings, Ms. Visnauskas would take on the responsibilities usually
undertaken by Chairman Adams in leading the meetings.
Ms. Visnauskas made her monthly President’s report.
Ms. Visnauskas thanked everyone for participating by telephone at this Board meeting. She assured the
Boards that HCR staff continued to perform work duties throughout this crisis to support our housing
partners and residents of all housing that the Agency finances and regulates. Ms. Visnauskas noted that the
Agency continued to take steps to ensure the ability of staff to work in a remote capacity, process vendor
payments, manage traditional and electronic mail, and assist other New York State agencies concerning
unemployment benefits and contact tracing. Ms. Visnauskas also provided an update on the Program area
such as the Office of Housing Preservation and how all compliance reviews have been completed; she noted
that Section 8 Housing Choice Voucher program staff worked virtually to complete re-certifications and
other tasks that had been required to be done on-site; Weatherization Assistance Program continued to issue
payments to sub-grantees; construction site visits for the Multifamily Finance Program have been performed
virtually. On the Policy area the Agency continued to work with the Governor’s office to implement housing
resources provided for in The Cares Act and housing resources provided for in The Heroes Act. She noted
that The Heroes Act also included a $100 billion resource in additional rental assistance. Ms. Visnauskas
stated that the Agency continued to advocate for additional housing resources and for innovative changes to
support and protect the bond program. Ms. Visnauskas concluded by thanking the HCR staff for their work
and the Board members for their support during the current pandemic.
Ms. Manley proceeded to present the board meeting transcript for the April Board meetings, and, noting that
there were no comments from Board members, she stated that the transcript of those meetings was approved
and would function in lieu of minutes. She noted that a transcript is required under the Governor’s Executive
Order.
Ms. Visnauskas asked Ms. Manley to take the necessary steps required to go into Executive Session.
Ms. Manley asked for motions and second to go into Executive Session pursuant to Section 105 (f) of the
Open Meeting Law to discuss the financial, credit or employment history of a particular corporation.
For HFA and AHC, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motions and Mr.
Curtis seconded Mr. Olczak voted aye. Chairman Adams’ vote was recorded.
For HFA Finance and Program Committee, Ms. Manley asked for a motion and second. Ms. Visnauskas
made the motion and Mr. Olczak seconded the motion. Chairman Adams’ vote was recorded.
For SONYMA, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motion and Mr. Kapell
seconded. Mr. Ballan voted aye, Ms. Vullo voted aye; Mr. Olczak voted aye; and Ms. Gonzalez voted aye.
For SONYMA Mortgage Insurance Committee, Ms. Manley asked for a motion and second. Ms. Visnauskas
made the motion and Mr. Ballan seconded the motion. Mr. Kapell voted aye; Mr. Olczak voted aye.
Ms. Manley reminded the Board members and staff that a separate call-in number was circulated for the
Executive Session via email. Ms. Manley noted that MBBA/TSFC Board members Mr. SanFilippo and Ms.
Baldwin, would be attending the Executive Session as guests.
All Board members entered Executive Session at 9:30 a.m.
Ms. Manley asked the motion and second to go back to public session at 10:05 a.m.
For HFA and AHC, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motions and Mr.
Curtis seconded Mr. Olczak voted aye. Chairman Adams’ vote was recorded.
For HFA Finance and Program Committee, Ms. Manley asked for a motion and second. Ms. Visnauskas
made the motion and Mr. Olczak seconded the motion. Chairman Adams’ vote was recorded.
For SONYMA, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motion and Mr. Kapell
seconded. Mr. Ballan voted aye, Ms. Vullo voted aye; Mr. Olczak voted aye; and Ms. Gonzalez voted aye.
For SONYMA Mortgage Insurance Committee, Ms. Manley asked for a motion and second. Ms. Visnauskas
made the motion and Mr. Ballan seconded the motion. Mr. Kapell voted aye; Mr. Olczak voted aye.
Ms. Manley noted that the Boards were back in public session and that no votes were taken in executive
session.
Ms. Visnauskas noted that the next two items on the agenda were sent to the Board members by separate
cover.
Ms. Visnauskas moved to item two; a resolution authorization to amend (i) the Budget for the BAM project
(ii) the not to exceed amount paid under IT Temporary Staffing Consultant Services Contracts (“IT
Contracts”) and (iii) the not to exceed amount paid under HFA’s Hosting Technology Agreement with
ProLink. Ms. Mallow presented the item.
Ms. Manley moved for adoption of:
A RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY, STATE OF NEW
YORK MORTGAGE AGENCY AND NEW YORK STATE AFFORDABLE HOUSING CORPORATION
APPROVING AN AMENDMENT TO THE BUDGET FOR THE BUSINESS APPLICATION
ODERNIZATION PROJECT, AN AMENDMENT TO THE AMOUNT PAID UNDER INFORMATION
TECHNOLOGY TEMPORARY STAFFING CONSULTANT SERVICES CONTRACTS, AND AN
AMENDMENT TO THE HOSTED TECHNOLOGY SERVICES AGREEMENT WITH PROLINK
SOLUTIONS, INC.
Ms. Manley asked for motions and second. Ms. Visnauskas made the motion and Mr. Olczak seconded. Mr.
Curtis voted aye; Ms. Gonzalez voted aye; Ms. Vullo voted aye; Mr. Ballan voted aye; and Mr. Kapell voted
aye. Ms. Manley reminded that Chairman Adams voted in favor. The motion was carried and the resolution
adopted.
For HFA and AHC, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motions and Mr.
Curtis seconded Mr. Olczak voted aye. Ms. Manley reminded that Chairman Adams voted in favor. The
motion was carried and the resolution adopted.
Ms. Visnauskas moved to item three; the adoption of resolution authorizing an amendment to the Agencies’
contract with Gartner, Inc. Ms. Mallow presented the item.
Ms. Manley moved for the adoption of:
A RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY, STATE OF NEW
YORK MORTGAGE AGENCY, AND NEW YORK STATE AFFORDABLE HOUSING CORPORATION
APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES CONTRACT WITH GARTNER,
INC.
Ms. Manley asked for motions and second. Ms. Visnauskas made the motion and Mr. Olczak seconded. Mr.
Curtis voted aye; Ms. Gonzalez voted aye; Ms. Vullo voted aye; Mr. Ballan voted aye; and Mr. Kapell voted
aye. Ms. Manley reminded that Chairman Adams voted in favor. The motion was carried and the resolution
adopted.
For HFA and AHC, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motions and Mr.
Curtis seconded Mr. Olczak voted aye. Ms. Manley reminded that Chairman Adams voted in favor. The
motion was carried and the resolution adopted. Ms. Visnauskas noted that the next two items were consent
items and no discussion was required unless requested by the Board members.
Ms. Visnauskas moved to item four: bond sale reports for quarters ending January 31, 2020 and April 30,
2020.
Ms. Manley moved for the adoption of:
A RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY AND STATE OF NEW
YORK MORTGAGE AGENCY APPROVING THE AGENCIES' BOND SALE REPORT.
Ms. Manley asked for motions and second. Ms. Visnauskas made the motion and Mr. Olczak seconded. Ms.
Gonzalez voted aye; Ms. Vullo voted aye; Mr. Ballan voted aye; and Mr. Kapell voted aye. Ms. Manley
reminded that Chairman Adams voted in favor. The motion was carried and the resolution adopted.
For HFA and AHC, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motions and Mr.
Curtis seconded Mr. Olczak voted aye. Ms. Manley reminded that Chairman Adams voted in favor. The
motion was carried and the resolution adopted.
Ms. Visnauskas moved to item five; a resolution extending HFA/SONYMA contract with TierPoint for
leasing of space in connection with disaster recovery date center operations.
Ms. Manley moved for the adoption of:
A RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY AND STATE OF NEW
YORK MORTGAGE AGENCY APPROVING THE CONTINUED RETENTION OF TIERPOINT NEW
YORK, LLC FOR DISASTER RECOVERY SERVICES.
Ms. Manley asked for motions and second. Ms. Visnauskas made the motion and Mr. Olczak seconded. Ms.
Gonzalez voted aye; Ms. Vullo voted aye; Mr. Ballan voted aye; and Mr. Kapell voted aye. Ms. Manley
reminded that Chairman Adams voted in favor. The motion was carried and the resolution adopted.
For HFA and AHC, Ms. Manley asked for a motion and second. Ms. Visnauskas made the motions and Mr.
Curtis seconded Mr. Olczak voted aye. Ms. Manley reminded that Chairman Adams voted in favor. The
motion was carried and the resolution adopted.
Ms. Visnauskas moved on to the next action item on the agenda for the SONYMA Mortgage Insurance
Committee: a resolution approving 100% mortgage insurance on a $2,756,000 LIIF permanent first mortgage
loan for 1415 Mott Avenue, Far Rockaway, Queens County. Mr. Friedman presented the item.
Ms. Manley moved for the adoption of:
A RESOLUTION OF THE MORTGAGE INSURANCE COMMITTEE OF THE STATE OF NEW YORK
MORTGAGE AGENCY APPROVING MORTGAGE INSURANCE AND A COMMITMENT FOR THE
PROVISION THEREOF FOR 1415 MOTT AVENUE, FAR ROCKAWAY, QUEENS COUNTY.
Ms. Manley asked for motions and second. Mr. Kapell made the motion and Mr. Olczak seconded. Mr.
Ballan voted aye; and Ms. Visnauskas voted aye. Ms. Manley reminded that Chairman Adams voted in favor.
The motion was carried and the resolution adopted.
Ms. Visnauskas moved to item seven which is a SONYMA action item: a resolution authorizing the transfer
of excess reserves from the Project Pool Insurance of the Mortgage Insurance Fund. Mr. Friedman presented
the item.
Ms. Manley moved for adoption of:
A RESOLUTION OF THE STATE OF NEW YORK MORTGAGE AGENCY AUTHORIZING THE
TRANSFER OF EXCESS RESERVES FROM THE PROJECT POOL INSURANCE ACCOUNT OF THE
MORTGAGE INSURANCE FUND.
Ms. Manley asked for motions and second. Ms. Visnauskas made the motion and Mr. Olczak seconded. Ms.
Gonzalez voted aye; Ms. Vullo voted aye; Mr. Ballan voted aye; and Mr. Kapell voted aye. The motion was
carried and the resolution adopted.
Ms. Visnauskas moved to item eight on the agenda for the Mortgage Insurance Committee as information
item and no vote is required: MIF Activity Report for the period of April 1, 2020 through April 30, 2020.
Ms. Visnauskas moved on to item nine on the agenda to be considered as action item for HFA Finance and
Program Committee and HFA Board: a resolution authorizing $100,500,000 Unrated, Private Placement
Financing for Dock Street Apartments, Brooklyn, Kings County. Ms. Ng presented the item.
Ms. Manley moved for adoption of:
RESOLUTION OF THE FINANCE COMMITTEE OF THE NEW YORK STATE HOUSING FINANCE
AGENCY RECOMMENDING THE ISSUANCE OF CERTAIN BONDS
For HFA Finance and Program Committee, Ms. Manley asked for a motion and second. Ms. Visnauskas
made the motion and Mr. Olczak seconded the motion.
Ms. Manley moved for adoption of:
AN OMNIBUS RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY
AUTHORIZING AND APPROVING CERTAIN MATTERS IN CONNECTION WITH THE FINANCING
AND REFINANCING OF THE PROJECT KNOWN AS DOCK STREET APARTMENTS
For HFA Ms. Manley asked for a motion and second. Ms. Visnauskas made the motions and Mr. Olczak
seconded and Mr. Curtis and Chairman Adams voted aye.
Ms. Visnauskas asked Ms. Manley to adjourn the meeting.
Ms. Manley asked for motion and second to adjourn the meeting. Ms. Visnauskas made the motion and Mr.
Olczak seconded. Mr. Olczak, Mr. Curtis, Ms. Gonzalez, Ms. Vullo, Mr. Ballan and Mr. Kapell each voted
to adjourn. The motion was carried and the resolution adopted.
Ms. Manley informed about next HFA, AHC,SONYMA, MBBA, TSFC Board and Audit and Governance
Committee meetings are scheduled for Thursday June 11, 2020 at 9:00 a.m.
ITEM 2:
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Betsy Mallow, SVP/COO TO: HFA, SONYMA, AHC
SUBJECT: Agenda Item 2 – Resolution Authorizing amendments of (i) the Budget for the BAM project (ii)
the not to exceed amount paid under IT Temporary Staffing Consultant Services Contracts (“IT Contracts”) and
(iii) the not to exceed amount paid under HFA’s Hosting Technology Agreement with ProLink
__________________________________________________________________________________________
Materials in connection with the above- mentioned subject item will be forwarded under separate cover.
CONSENT ITEM:
ITEM 3:
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641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
1
June 4, 2020
FROM: Sheila Robinson TO: HFA, SONYMA, AHC, MBBA and TSFC
Senior Vice President and Members and Directors
Chief Financial Officer
SUBJECT: Approval to amend audit services contracts with Ernst & Young LLP, serving in the
capacity as the Agencies’ Independent Auditor
Reason Before the Members and Directors
Authorization to amend contracts with Ernst & Young LLP (“E&Y”) for independent auditor
services are before the Members and Directors for approval, pursuant to the Agencies’ Procurement and
Contract Guidelines (“Guidelines”) and Section 2879 of the Public Authorities Law that require the
Members and Directors to approve all procurement contracts that exceed one year in duration or
$100,000 in amount. (Unless otherwise defined herein, capitalized terms appearing in this memorandum
adhere to their respective definitions in the Guidelines.)
Criteria for Use of Contractors for Personal Services
In accordance with the provisions of Article III of the Agencies’ Guidelines, the Agencies have
made a determination that it is appropriate that independent auditor services be performed under
personal services contracts as: (a) such services are necessary to the performance of the Agencies’
responsibilities; and (b) the performance of such services requires it to be undertaken by someone
independent of the Agencies. Such services are appropriately determined to be personal services proper
for "contracting out" as they are listed in Article III of the Guidelines.
Description of Vendor Selection & Personal Services to be Performed
The Agencies’ current external auditor in March of 2015 was Ernst & Young LLP (“E&Y”). The
Agencies’ contractual relationship with E&Y commenced in 2010. On March 3, 2015, the Agencies
issued a request for proposals (“RFP”) for the selection of an Independent Auditor for the performance
of the Agencies’ annual financial audits and other related services. The Agencies received six responses,
one of which was from the then incumbent, E&Y. Proposals included the submission of a proposed audit
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
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641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
2
contract fee structure schedule for five years, with the fee for the first three years remaining the same
for the audit engagement.
A review committee reviewed each proposal and ranked the responses in accordance with certain
proposed criteria. The E&Y proposal was preferred since (a) their costs were reasonable, (b) their
proposal included superior experience in housing audits, (c) their proposal offered broad services, such
as offering board training on issues relating to the audit function, and offering to regularly provide staff
with industry publications dealing with audit issues, and (d) their proposal included meeting the
Agencies’ 30% MWBE participation goal by subcontracting with Mitchell Titus LLP (“M&T”), a
minority-owned business enterprise (“MBE”), and Long Island Financial Management Services (“LI
Financial”), a women-owned business enterprise (“WBE”), to provide MWBE participation on most
aspects of the Agencies’ audits.
The Agencies wish to extend the term of the independent auditor contracts with E&Y for a one-
year period with a 2.5% increase in costs. Independent auditor services are anticipated to be re-solicited
by the Agencies in the coming year.
The independent audit services contracts between each Agency and E&Y were approved by each
Agency’s Members or Directors on June 11, 2015 for a five-year term. Most recently, the contracts
were annually reviewed by each Agency’s Audit Committee at their June 13, 2019 meetings. At their
meetings held on January 30, 2020, the Members and Directors also approved and reviewed the contracts
as part of the approval of the Agencies’ Annual Report on Procurement Contracts. The contracts for
independent auditor services between each Agency and E&Y are being presented to the Members and
Directors for approval to extend the term of each contract for a one-year period and to increase costs by
2.5%.
Promoted and Prohibited Contracts & Contracts Subject to Other Limitations
Article VIII of the Agencies’ Guidelines provides for consideration to be given to certain kinds
of contracts that may be promoted, prohibited or subjected to certain limitations which include, but are
not limited to, contracts with MBEs and WBEs, New York State Business Enterprises (“NYSBEs”) and
enterprises from “Discriminatory Jurisdictions.” E&Y, a NYSBE, is subcontracting with M&T, a MBE,
and LI Financial, a WBE.
Recommendation with respect to Length of Contract Terms
Agency staff has been satisfied with the services performed by E&Y and wishes to continue to
retain the contracts for a further one-year period. During the next year, staff will: (a) continually evaluate
the contracts and the performance of the contractor; (b) continually give consideration to whether the
further use of the contractor’s services and the continuation of each contractual agreement is desirable;
and (c) at least annually, make a determination with respect to awarding the contracts again through a
new competitive process.
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3
The Agencies anticipate issuing a request for proposals for independent auditor services in the
coming year.
Contracting Agencies, Allocation of Costs Between Agencies & Other Contracts
Collective fees for all five of the contracts between E&Y and each Agency are indicated in the
below table.
Financial and Single Audits
For 2015-2017 $1,101,000*
For 2018 389,500
For 2019 401,200
For 2020 411,200
SONYMA Due Diligence+
For 2015-2017 $ 16,900*
For 2018 17,900
For 2019 18,400
For 2020 18,900
*Fee for three year period
+Due Diligence fee per bond issue
Total expenditures paid to E&Y in fiscal year 2019, for the period November 1, 2018 to October 31,
2019 under the contracts, are indicated in the below table:
AGENCY AMOUNT A L L O C A T I O N S
HFA SONYMA AHC MBBA TSFC
HFA $218,830 100%
SONYMA $163,500 100%
AHC $ 12,900 100%
MBBA $ 17,300 100%
TSFC $ 18,200 100%
Recommendation and Required Action by the Members and Directors
This item is being sent to the Members and Directors in anticipation that the Agencies’ Audit
Committees, charged by their Charters with the responsibility of selecting, retaining, and terminating
the Agencies’ external auditor (“Independent Auditor”), will recommend the continued retention of
E&Y to act as the Agencies’ Independent Auditor for a one-year period. If that does not happen, this
item will be withdrawn.
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641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
4
Assuming the Audit Committees recommend the continued retention of Ernst & Young LLP as
the Agencies’ Independent Auditor, it is respectfully requested that the Members and Directors adopt
the attached resolution approving said continued retention and authorizing the Agencies to extend each
Agency’s audit services contracts with Ernst & Young LLP for a one-year period with a 2.5% increase
in costs.
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A RESOLUTION OF THE
NEW YORK STATE HOUSING FINANCE AGENCY,
STATE OF NEW YORK MORTGAGE AGENCY,
NEW YORK STATE AFFORDABLE HOUSING CORPORATION,
STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY AND
TOBACCO SETTLEMENT FINANCING CORPORATION
APPROVING THE CONTINUED RETENTION OF
ERNST & YOUNG LLP FOR INDEPENDENT AUDITOR SERVICES
WHEREAS, pursuant to Section 2879 of the Public Authorities Law and the
Procurement and Contract Guidelines of the New York State Housing Finance Agency,
State of New York Mortgage Agency, New York State Affordable Housing Corporation,
State of New York Municipal Bond Bank Agency and Tobacco Settlement Financing
Corporation (individually, “Agency” and collectively, “Agencies”) (“Guidelines”), the
Agencies’ Members and Directors must approve all procurement contracts that exceed one
year in duration or $100,000 in amount; and
WHEREAS, under the respective charters of the Audit Committees
(“Committees”) of the Agencies, the Committees’ responsibilities include, subject to the
approval of the Agencies’ Members and Directors, the selection, retention, and termination
of the external auditor (“Independent Auditor”); and
WHEREAS, the Agencies conducted a procedure for the selection of a firm
qualified to serve as the Agencies’ Independent Auditor, and, pursuant thereto, entered into
contracts with Ernst & Young LLP (“E&Y”) to serve in such capacity for a five-year
period; and
WHEREAS, the Agencies’ wish to extend the term of the independent auditor
contracts between each Agency and E&Y for a one-year period; and
WHEREAS, the Guidelines require the affirmative concurrence of the Members
and Directors for any determination not to enter into a new competitive award process as a
result of which a procurement contract would exceed a projected five years in duration
without a new competitive process being conducted; and
WHEREAS, the Members and Directors desire to provide such affirmative
concurrence for the determination not to enter into a new competitive award process at this
time with respect to the independent auditor services contracts with E&Y, with the
understanding that such determination will result in the continued retention of E&Y under
contracts exceeding five years in duration without a new competitive selection process
being conducted; now, therefore be it
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RESOLVED, by the Members and Directors as follows:
Section 1. The Members and Directors hereby approve the Audit Committees’
continued retention of Ernst & Young LLP as the Agencies’ Independent Auditor between
Ernst & Young LLP and each Agency, for a one-year period, in accordance with the
provisions set forth in the materials accompanying this resolution.
Section 2. Affirmative concurrence is hereby provided by the Members and
Directors for the determination not to enter into a new competitive award process at this
time with respect to the contracts with E&Y for the provision of independent auditor
services, with the understanding that such determination will result in the continued
retention of E&Y under contracts exceeding five years in duration without a new
competitive selection process being conducted, as indicated in the memorandum
accompanying this resolution.
Section 3. The President and Chief Executive Officer, and the designees thereof,
are authorized to take such actions and make such decisions and agreements as may be
necessary and appropriate to effectuate this resolution and the intent thereof, and actions
taken and decisions and agreements made in anticipation hereof are hereby ratified.
Section 4. This resolution shall take effect immediately.
Dated: June 11, 2020
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AN OMNIBUS RESOLUTION OF THE
NEW YORK STATE HOUSING FINANCE AGENCY
AUTHORIZING AND APPROVING CERTAIN MATTERS
IN CONNECTION WITH THE FINANCING OF ISLAND HOLLOW 2
WHEREAS, the New York State Housing Finance Agency (“Agency”) has received an
application to finance a portion of the cost of the construction of the project known as Island Hollow
2 (“Project”); and
WHEREAS, the Agency is authorized and empowered, pursuant to the New York Private
Housing Finance Law, Sections 40-62 (“Act”) and particularly Section 44.29-a (“Section 44.29-a”)
thereof, to make and contract for the making of loans for the acquisition, construction or
rehabilitation of housing developments for the purpose of providing residential units for occupancy
by persons and families for whom the ordinary operations of private enterprise cannot provide an
adequate supply of safe, sanitary and affordable housing accommodations or for residential units
in designated blighted areas; and
WHEREAS, there has been submitted to the Members a proposed plan of financing for the
issuance of bonds to finance the Project and statements of the low and moderate income occupancy
requirements to be imposed in conjunction with the allocation and allowance of certain low-income
housing tax credits (“LIHTCs”) with respect to the Project; and
WHEREAS, on August 22, 2007 the Agency adopted a resolution entitled “Affordable
Housing Revenue Bonds Bond Resolution” (“General Resolution”); and
WHEREAS, simultaneously herewith the Agency will supplement the General Resolution
by adopting an Affordable Housing Revenue Bonds, 2020 Series ___ Resolution (“2020 Series
___ Resolution”) authorizing the issuance and sale of a principal amount not exceeding
$15,000,000 Affordable Housing Revenue Bonds (the “2020 Series ___ Bonds”), the proceeds of
which may be used to fund all or a portion of a first mortgage loan (“First Mortgage Loan”) for
the Project; and
WHEREAS, the Agency has determined that it is appropriate and desirable to provide
subsidy financing (“Subsidy Loan”) in an amount not exceeding 9,500,000 (excluding accrued
interest during construction) to the Project; and
WHEREAS, the Agency has determined that it is appropriate and desirable to allocate
LIHTCs to the Owner of the Project, subject to final review by staff to confirm eligibility and
determine the precise amount of such LIHTCs;
NOW THEREFORE, BE IT RESOLVED, by the Members of the Agency as follows:
A. The Bonds.
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Section 1. Authority is hereby granted to The President and Chief Executive Officer and/or
a Senior Officer to sell, award, and issue the 2020 Series ___ Bonds in a principal amount not
exceeding Fifteen Million Dollars ($15,000,000), at such times and at such reasonable prices and
interest rates as negotiated with the purchasers or placement agents, provided, however, that the
aggregate principal amount of any 2020 Series ___ Bonds issued to fund the First Mortgage Loan
for the Project will not exceed $15,000,000.
Section 2. The President and Chief Executive Officer and/or a Senior Officer are authorized
to determine whether 2020 Series ___ Bonds are to be sold on a private placement basis or pursuant
to a negotiated sale and to select the placement agents or underwriters for such bonds.
Section 3. The President and Chief Executive Officer and/or a Senior Officer are hereby
authorized to obtain bond insurance or other form of credit enhancement and to enter into
investment agreements relating to the 2020 Series ___ Bonds with a qualified entity, under such
terms and conditions as he or she shall deem reasonable.
Section 4. The President and Chief Executive Officer and/or a Senior Officer are hereby
authorized and directed, subject to the provisions of this resolution, to negotiate, draft, change,
finalize, approve and execute any documents, including the 2020 Series __ Resolution, reasonably
necessary or convenient to effectuate the purposes of this resolution.
Section 5. The President and Chief Executive Officer and/or a Senior Officer are hereby
authorized to modify the 2020 Series Resolution so that such bonds may be aggregated with the
issuance of other bonds authorized by other series resolutions, provided that the aggregate principal
amount of bonds so authorized does not exceed the principal amount authorized by the resolutions
so combined.
B. The First Mortgage Loan, Subsidy Loan, and Low Income Housing Tax Credits.
Section 1. Pursuant to Section 44.29-a and the conditions hereafter set forth, the Agency
hereby authorizes the making of the First Mortgage Loan in an amount not to exceed Fifteen
Million Dollars ($15,000,000), to finance the Project. The First Mortgage Loan may be funded by
portions of the proceeds of the 2020 Series ___ Bonds or by other monies available to the Agency
funds for such purpose.
Section 2. The Agency hereby authorizes the allocation of funds for the financing of the
Project from monies accruing to the Agency from any source legally available to it for the purpose
of making of the Subsidy Loan in an amount not exceeding Nine Million Five Hundred Thousand
Dollars ($9,500,000) (excluding accrued interest during construction).
Section 3. The Agency hereby authorizes the allocation of approximately $768,200 per
annum in “4% as of right” LIHTCs to the owner of the Project, subject to final review by staff to
confirm eligibility and compliance with LIHTCs requirements, and to determine the precise amount
of such LIHTCs.
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Section 4. The President and Chief Executive Officer and/or a Senior Officer are hereby
authorized, subject to the provisions of this resolution, to negotiate, draft, change, finalize, approve
and execute any documents necessary or convenient to effectuate the purpose of this resolution and
the making of the First Mortgage Loan for the Project, and any other loan documents in connection
with the Project, including those loan documents relating to the Subsidy Loan, and to determine
the amount of the LIHTCs to be allocated to the Project.
Section 5The Agency hereby (A) determines that: (i) the proposed action was reviewed in
accordance with the New York State Environmental Quality Review Regulations (“6 NYCRR Part
617”) and that the requirements of 6 NYCRR Part 617 have been met: and (ii) consistent with the
social, economic and other essential considerations from among the reasonable alternatives
available, the action approved is one which avoids or minimizes adverse environmental impacts to
the maximum extent practicable, and (iii) adverse environmental impacts will be avoided or
minimized to the maximum extent practicable by incorporating, as conditions to the decision, those
mitigative measures which were identified as practicable; and (B) concurs with the Negative
Declaration issued by the Town of Cicero Planning Board, acting as lead SEQRA agency.
Section 6. The obligation of the Agency to make the First Mortgage Loan and/or the
Subsidy Loan shall be conditioned upon: (a) the approval of the Public Authorities Control Board,
(b) the Agency's obtaining sufficient funds from the proceeds of the sale of the 2020 Series ___
Bonds with which to make the First Mortgage Loan, (c) the Agency being satisfied with the credit
enhancer and servicer of the First Mortgage Loan; (d) a background check of the owner of the
Project which is acceptable to the President and Chief Executive Officer or a Senior Officer of the
Agency, and (e) satisfaction of the terms and conditions of a commitment of the Agency to make
the First Mortgage Loan and the Subsidy Loan.
Section 7. The Agency hereby finds that all requirements of the Act and particularly Section
44.29-a thereof are met in the issuance of the 2020 Series __ Bonds and the financing of the First
Mortgage Loan and the Subsidy Loan including, without limitation, that a portion of the Project is
to be occupied by persons or families of low or moderate income as required by the Act and that
the Agency will impose by contract with the Project owner additional requirements, consistent with
the economic feasibility of the Project, which maximize the affordability, period of occupancy and
number of units for such low and moderate income tenants and accomplish the public purposes of
the Act.
C. Effectiveness.
Section 1. This resolution shall take effect immediately.
ITEMS REQUIRING MORTGAGE INSURANCE COMMITTEE ACTION:
ITEM 4:
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
MEMORANDUM
June 4, 2020
FROM: Michael A. Friedman TO: Mortgage Insurance Committee Members
SUBJECT: Approval of Permanent Mortgage Insurance for Crannell Square, 35 Catharine
Street, Poughkeepsie, Dutchess County; Cert. # 5-339.
Executive Summary
Insured Mortgage/ $5,550,000 / 5.75% / 30 years
Mortgagee: The Community Preservation Corporation/NYSCRF
Project Description: Construction of 75 units.
Public Purpose: The Project will provide low and moderate income housing
including 12 units for persons with physical disabilities.
Income Restrictions/ Fifty-two units are restricted to households with incomes up to 50%
Affordability: or 60% of the 2019 AMI of $96,600. Twenty-two units are restricted
to households with incomes up to 80% of AMI. Rents will be 50%,
60% or 80% of AMI and will be regulated by DHCR through a
regulatory agreement. See page three of the Project Summary for
the schedule of initial rents and affordability levels.
Subsidy: $1,650,000 HCR MIP subsidy loan
$500,000 Dutchess County HOME loan
$63,800 NYSERDA grant
$10,705,529 from federal LIHTCs
$867,626 from state LIHTCs
$2,879,800 from Brownfield tax credits
30-year PILOT agreement with the City of Poughkeepsie at $43,000
for year one, with annual 3% increases.
Project Ownership: Crannell Square Limited Partnership is the borrower whose general
partner is controlled by Ken Kearney and Sean Kearney. Hudson
River Housing, Inc.(“HRH”) is non-managing general partner.
Crannell Square Housing Development Fund Company, Inc. is the
legal owner and the investor member is an affiliate of Raymond
Cert # 5-339 (Gary Schuldenfrei)
June 2, 2020 (6:09PM) 2
James Financial, Inc.
Project Information
Project Background: The Project involves the $462,000 acquisition of a portion of a
municipal parking lot and construction of a four-story building upon
it.
Referrals for the 12 units for disabled tenants will be provided by
HRH which will also provide services through their regular
programs. There are no project based rent subsidies for any units.
(See Special Conditions.)
Neighborhood(s): The Project is located on the corner of Catharine Street and Mill
Street in the Downtown section of the City of Poughkeepsie. (See
Location Map-Exhibit D.) The neighborhood is typical of a
downtown area, primarily commercial and institutional with
convenience shopping, a few mixed-use properties and the
remaining parking lot on the east side of the Project.
The Project is less than 1 mile from Route 9, a major thoroughfare
which connects to the Mid-Hudson Bridge for travel further west
and to The New York State Thruway for north/south travel.
Description of Construction
Construction: A four-story elevatored building with 75 units; a laundry room;
community room; management office; TV Room/lounge; 30 on-site
parking spaces and other work-related items.
Hard Cost Estimate PSF: $204+
Hard Cost
Per Dwelling Unit: $212,831+
Total Project Cost: $22,713,243
Environmental Report: A Phase I Environmental Site Assessment, dated May 1, 2020, was
prepared by Gallagher Bassett Technical Services. It is noted that
debris from demolition of former on-site structures could be present
in the subsurface. The property is enrolled in the NYSDEC
Brownfield Cleanup Program. (See Special Conditions.)
Cert # 5-339 (Gary Schuldenfrei)
June 2, 2020 (6:09PM) 3
Project Rental Structure
Rent Schedule:
Unit Type
Affordability
% of AMI
# Units
SF
Monthly
Rent
One-bedroom 50% 6 744 $766
One-bedroom 60% 32 744 939$
One-bedroom 80% 8 744 $1,299
Two-bedroom 50% 2 970 $913
Two-bedroom 60% 10 970 $1,122
Two-bedroom 80% 12 970 $1,556
Three-bedroom 60% 2 1,165 $1,298
Three-bedroom 80% 2 1,165 $1,740
Total 74
Schedule excludes one non-revenue two-bedroom superintendent’s unit. Tenants pay for electric
and gas heat but receive a utility allowance to cover the cost. Rents shown are net of this utility
allowance.
Other Income: $3,750 from laundry income.
Proposed Project Financing
Insured Loan
Payment Schedule: $32,097/month for 30 years
Borrower
Equity Contribution: $11,573,155 from federal and state LIHTCs
$2,879,600 from Brownfield tax credits
$496,488 from a deferred developer fee
Percent of Total
Project Costs: 66%
Ins. Effective Date: At permanent loan closing.
Underwriting
Loan to Value Ratio: 67%.
Liability to Value Ratio: 67%.
Projected Income/Expense Ratio: 1.07:1
Cert # 5-339 (Gary Schuldenfrei)
June 2, 2020 (6:09PM) 4
NOI/DS: 1.15:1
(See Exhibits A-C for further details)
______________________________________________________________________________
Appraisal Summary
Ownership Rights Appraised: Fee.
Valuation: $8,290,000
Valuation Methodology: Income Approach using market-rate financing, below market
rents and subject to a PILOT agreement for real estate taxes.
Capitalization Rate: 5.80%.
Developer Description/Management Capacity
Developer History: Ken Kearney and Sean Kearney are the principals of The
Kearney Realty & Development Group, Inc. In the past 25
years they have completed both market rate and affordable
projects with over 1,200 units.
HRH is a 501(c)(3) not-for-profit based in Poughkeepsie.
They are the primary agency which provides affordable
housing and support services in Dutchess County
Management Experience: The Project will be managed by the Kearneys through their
management affiliate, The Kearney Realty Group.
SONYMA Commitments
and/or PIFs: See Exhibit E-Schedule of Commitments/Policies in Force
Risk Analysis
● The loan amount is $74,000 per unit and equals 24% of the Project’s total
development cost of $302,843 per unit. ● The Project has satisfactory loan to value and liability to value ratios of 67% and a
satisfactory income to expense ratio (1.07:1) and debt-service coverage ratio (1.15:1).
● The Project will break even with an 11% vacancy and collection loss or a 12%
increase in operating expenses.
Cert # 5-339 (Gary Schuldenfrei)
June 2, 2020 (6:09PM) 5
Special Conditions: Mortgage insurance is expected to become effective at permanent loan closing subject to the following:
● SONYMA required rent achievement level of $932,607 (@ 1.05:1).
● Submission of an engineer’s report.
● Municipal sign-off for compliance with the Remedial Action Plan. ● PILOT agreement with the City of Poughkeepsie
● Services contract between the borrower and HRH for tenant referrals and the
provision of support services for residents of 12 units.
Conclusion: It is recommended that the Mortgage Insurance Committee approve issuance of a
Commitment to Insure covering 100% mortgage insurance for the Project on a loan amount of $5,550,000.
_____________________________________________________________________________
Attachments
Exhibit A Sources and Uses of Loan Proceeds Exhibit B Income and Expense Analysis Exhibit C Maintenance and Operating Expenses
Exhibit D Location Map(s) Exhibit E Schedule of Commitments/Policies in Force
Exhibit A
Crannell Square-35 Catharine Street
Poughkeepsie, Duthess County
Certificate # 5-339
PROJECT FINANCIAL STRUCTURE
Sources of Funds
lst Mortgage, CPC $5,550,000
HCR MIP Subsidy Loan $1,650,000 0.5% interest, $688/o. payments
Dutchess County HOME Loan $500,000 Cash flow loan
NYSERDA Grant $63,800
Federal LIHTC $10,705,529
State LIHTCs $867,626
Brownfield Tax Credits $2,879,800
Deferred Developer Fee $496,488
Total Sources $22,713,243
Uses of Funds
Per SF. Per Unit
Total Cost (78,220) (75)
Acquisition Costs $462,500 $6 $6,167
Hard Costs $15,962,296 $204 $212,831
Soft Costs $3,538,447 $45 $47,179
Developer Fee $2,750,000 $35 $36,667
Total Uses $22,713,243 $290 $302,843
30-year term; 5.75% interest rate (rate
includes mortgage insurance premium).
Monthly payments: $32,097 (7.007%
constant)
6:12 PM Prepared by SONYMA Mortgage Insurance Fund 6/2/2020 GBS
Exhibit B
Crannell Square-35 Catharine Street
Poughkeepsie, Duthess County
Certificate # 5-339
PROJECTED INCOME AND EXPENSE ANALYSIS
Mortgagee's
Projection
2022
Gross Potential Income
Residential Income $993,960
Laundry Income $3,750
Total Gross Potential Income $997,710
Less Vacancy & Collection Loss
Residential (5%) ($49,698)
Laundry (10%) ($375)
Total Vacancy & Collection Loss ($50,073)
Effective Gross Income (EGI) $947,637
Less: M & O ($491,287)
Net Operating Income $456,350
Less: Debt Service
1st Mortgage, CPC @ 4.75% ($388,660)
HCR MIP Loan ($8,250)
Total Debt Service ($396,910)
Cash Flow $59,440
Total Operating Expenses (TOE) ($888,197)
EGI/TOE 1.07
NOI/DS 1.15
SONYMA Effective Gross Income @ 1.05:1 $932,607
Total Operating Expenses ($888,197)
Cash Flow $44,410
6:12 PM Prepared by SONYMA Mortgage Insurance Fund 6/2/2020 GBS
Exhibit C
Crannell Square-35 Catharine Street
Poughkeepsie, Duthess County
Certificate # 5-339
MAINTENANCE & OPERATING EXPENSES
Underwriting
Projections Per Room Per Unit
2021 257 75
Real Estate Taxes $100,000 $389 $1,333
Water & Sewer $25,700 $100 $343
Insurance $41,250 $161 $550
Cleaning / Exterminating $28,270 $110 $377
Management $56,656 $220 $755
Misc. Administrative Expenses $5,041 $20 $67
Payroll $78,000 $304 $1,040
Landscaping/Trash & Snow Removal $12,000 $47 $160
Repairs & Maintenance $60,000 $233 $800
Elevator (2) $8,000 $31 $107
Legal and Accounting $16,500 $64 $220
Electric (common area) $41,120 $160 $548
Building Reserve $18,750 $73 $250
Total Expenses $491,287 $1,912 $6,550
6:12 PM Prepared by SONYMA Mortgage Insurance Fund 6/2/2020 GBS
EXHIBIT D 35 CATHARINE STREET
POUGHKEEPSIE, DUTCHESS COUNTY CERTIFICATE # 5-339 PROJECT LOCATION
EXHIBIT E
Kearney Realty Group
Schedule of Policies in Force and Commitments
Cert. # 5-339; Crannell Square; 35 Catharine Street, Poughkeepsie; $5,550,000, 100%,
CPC; pending
Cert. # 5-330: Chestnut Street Apartments; 180 Chestnut Street, Liberty, $10,158,000,
100%, CPC; committed 2/19
Cert. # 5-322; West End Lofts II: 1117-1163 Wolcott Ave., Beacon; $3,700,000, 100%,
CPC; committed 9/18
Cert. # 5-318; West End Lofts I; 1117-1163 Wolcott Ave., Beacon; $4,000,000, 100%,
CPC; committed 4/18
Cert. # 8-312; Crossroads at Baldwin; 57 Route 6, Somers; $7,000,000, 100%, HFA; PIF
2/19
Cert. # 8-306, Lofts on Main; 922 Main St., Peekskill; $6,800,000, 100%, CPC; PIF 6/19
Cert. # 5-294; The Mews at Hopewell; 672 Route 82, East Fishkill; $7,000,000, 100%,
CPC; PIF 11/17
Cert. # 8-290; Somers Senior Housing, Route 6, Somers; $3,000,000, 100%, CPC; PIF
11/12
Cert. # 8-282; Somers Seniors II; Baldwin Place, Somers; $6,420,000, 100%, HFA; PIF
9/15
Cert. # 5-234, Pendell Commons, 78-114 Violet Ave., Poughkeepsie, $2,900,000, CPC,
100%; PIF 7/12 Cert. # 5-221, Liberty Commons, Barton Rd., Liberty, $800,000, CPC, 100%; PIF 2/12
Cert. # 5-208, Red Hook Commons-Phase II, Red Hook, Dutchess County; $870,000, CPC, 100%; PIF 3/09.
Cert. # 5-207, Red Hook Commons Phase I, Red Hook, Dutchess County, $1,025,000, CPC, 100%; PIF 10/08.
Total Insurance: $59,223,000 Rev 5/20
A RESOLUTION OF THE
MORTGAGE INSURANCE COMMITTEE OF THE
STATE OF NEW YORK MORTGAGE AGENCY
APPROVING MORTGAGE INSURANCE AND A
COMMITMENT FOR THE PROVISION THEREOF FOR
CRANNELL SQUARE, 35 CATHARINE STREET,
POUGHKEEPSIE, DUTCHESS COUNTY
WHEREAS, pursuant to Public Authorities Law Section 2425 et seq., the State of
New York Mortgage Agency (the “Agency”), among other things, is authorized to issue
commitments to insure and to contract to insure mortgage loans eligible for insurance
thereunder; and
WHEREAS, an application for mortgage insurance was submitted to the Agency;
and
WHEREAS, the Agency staff has reviewed such application and recommends
that the project be approved for mortgage insurance; now, therefore be it
RESOLVED, by the Mortgage Insurance Committee of the Agency, as follows:
Section 1. Pursuant to Section 2425 et seq., of the Public Authorities Law and
conditions to be set forth in the Commitment to Insure and Certificate of Insurance of
mortgage loans eligible for insurance thereunder (the “Commitment”), the Mortgage
Insurance Committee hereby authorizes the issuance of a Commitment for 100%
mortgage insurance of the Community Preservation Corporation permanent mortgage
loan in the approximate amount of $5,550,000 for Crannell Square, 35 Catharine Street,
Poughkeepsie, Dutchess County, Certificate #5-339, utilizing the New York State
Common Retirement Fund.
Section 2. The President and Chief Executive Officer, or another Senior Officer
of the Agency designated by her, is hereby authorized, subject to the provisions of this
resolution and her approval of the form and content of any documents and agreements
necessary to effectuate this transaction, to execute a Commitment for the Project on
behalf of the Agency.
Section 3. This resolution shall take effect immediately.
ITEM REQUIRING HFA FINANCE AND PROGRAM COMMITTEE AND HFA
ACTION:
ITEM 5:
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Miulina Ng TO: HFA Members
Vice President HFA Finance and Program Committee
Debt Issuance
SUBJECT: Resolutions Authorizing a Refinancing for 15 Hudson Yards (“Project”), City of
New York, New York County.
The Borrower has requested the Agency’s issuance of rated publicly offered bonds. The current
outstanding debt obligations of the Agency in the aggregate amount of $80,000,000 would be
refunded by new bonds issued with a direct-pay credit enhancement instrument provided by Fannie
Mae.
BACKGROUND
At the September 10, 2015 Members’ meeting, the Project received financing authorization to
issue a mortgage in the maximum amount of $80,000,000. This approval included the issuance of
tax-exempt debt obligations in an amount not to exceed $80,000,000 with an allocation of 4% as
of right low-income housing tax credits. The outstanding balance of the 15 Hudson Yards Debt
Obligation is as follows: $10,000,000 2015 Debt Obligation (Tax-Exempt), $28,000,000 2016
Debt Obligation (Tax-Exempt) and $42,000,000 2017 Debt Obligation (Tax-Exempt).
The Project, located at 15 Hudson Yards in Manhattan, consists of 107 low income units and is
part of a larger development that also contains 285 individual for-sale condominium units, a
cultural facility and loading areas related thereto, which were financed from the proceeds of a
participation loan in the amount of $850,000,000 from the Children’s Investment Fund which 88%
of the loan has been repaid.
The Project was recently completed and residential units are approximately 89% leased (leasing
commenced in November 2019).
The Project benefits from the New York City 421-a partial real estate tax abatement, which
exempts the property from real estate taxes on the value of its improvements for 11 years. Full
taxes will be phased in over years 12 through 20.
15 HUDSON YARDS
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The Borrower will be 15 HY Base Unit Owner LLC, controlled by members of Related Companies
and Oxford Properties Group.
Photos and renderings of the Project are provided as Attachment A.
FINANCING PROPOSAL
If approved, the publicly offered Bonds would finance a new loan to be made by the Agency to
repay the original loan and the Debt Obligations. The Bonds will bear interest at a fixed rate or
rates. The final maturity date of the bonds will be May 15, 2039. The Fannie Mae direct-pay credit
enhancement instrument will expire on May 20, 2039.
Debt service for the new loan will be secured by payments that are required to be made by the
condominium owners of 15 Hudson Yards and 35 Hudson Yards, all of which benefit from the
421-a tax abatement generated by the low income units in this Project.
ECONOMIC OPPORTUNITY & PARTNERSHIP DEVELOPMENT
The Project is in compliance with the Minority and Women-owned Business Enterprise and
Service-Disabled Veteran-owned Business participation requirements.
RECOMMENDATION
Staff recommends that the Members adopt the resolutions transmitted herewith authorizing the
public offering as requested herein for the 15 Hudson Yards Project.
Therefore, staff recommends that the Committee adopt the resolutions transmitted herewith
recommending that the Members adopt resolutions authorizing the $80,000,000 Rated, Public
Offering Financing for 15 Hudson Yards, City of New York, New York County.
Attachment A: Photos of the project
Building Exterior
Lobby
Kitchen
RESOLUTION OF THE FINANCE COMMITTEE OF THE
NEW YORK STATE HOUSING FINANCE AGENCY
RECOMMENDING THE ISSUANCE OF CERTAIN BONDS
WHEREAS, the Finance and Program Committee (“Committee”) of the New York
State Housing Finance Agency (“Agency”) is empowered to review proposed bond
issuances of the Agency and to make recommendations to the Members of the Agency in
connection therewith; now therefore be it
RESOLVED, by the Members of the Committee as follows:
Section 1. The Committee recommends that the Members of the Agency adopt
resolutions authorizing the issuance of the following bonds:
Resolution authorizing the financing approval of $80,000,000 of tax-
exempt bonds for the refinancing of the 15 Hudson Yards Project in the City of
New York, New York County.
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LIST OF RESOLUTIONS TO BE ADOPTED FOR THE
15 HUDSON YARDS APARTMENTS PROJECT
1. AN OMNIBUS RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE
AGENCY AUTHORIZING AND APPROVING CERTAIN MATTERS IN
CONNECTION WITH THE FINANCING OF THE PROJECT KNOWN AS 15
HUDSON YARDS APARTMENTS
2. A RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY 15
HUDSON YARDS T HOUSING REVENUE BOND RESOLUTION
3. A RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY 15
HUDSON YARDS HOUSING REVENUE BOND 2020 SERIES A RESOLUTION.
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AN OMNIBUS RESOLUTION OF THE
NEW YORK STATE HOUSING FINANCE AGENCY
AUTHORIZING AND APPROVING CERTAIN MATTERS
IN CONNECTION WITH THE FINANCING OF THE PROJECT
KNOWN AS 15 HUDSON YARDS APARTMENTS
WHEREAS, the owner of the project known as 15 Hudson Yards Apartments, located in
the City of New York, New York County (the “Project”) has requested that the New York State
Housing Finance Agency (the “Agency”) issue tax-exempt bonds to refund the Agency’s
previously issued Housing Revenue Debt Obligation (15 Hudson Yards Apartments) (the “Agency
Obligation”) issued in connection with the financing of a mortgage loan for the Project in the
amount of $80,000,000; and
WHEREAS, simultaneously herewith, the Agency is adopting a 15 Hudson Yards Housing
Revenue Bond Resolution (the "General Resolution") and a 15 Hudson Yards Housing Revenue
Bond 2020 Series A Resolution (the "Series Resolution" and collectively with the General
Resolution, the “Resolutions”) authorizing the issuance and sale of 15 Hudson Yards Housing
Revenue Bonds (the “Bonds”) in an aggregate outstanding principal amount not to exceed
$80,000,000 for the purpose of refunding the Agency Obligation.
NOW THEREFORE, BE IT RESOLVED by the Members of the Agency as follows:
A. The Bonds.
Section 1. Authority is hereby granted to the President and Chief Executive Officer or a
Senior Officer of the Agency to sell, award, and issue the Bonds from time to time, either on a
private placement basis or pursuant to a negotiated sale, without further approval or ratification by
the Members, in an aggregate outstanding principal amount not to exceed $80,000,000.
Section 2. Subject to the Resolutions and this resolution, the Bonds may be issued, at such
times and at such prices, in such principal amounts and interest rates as determined by the President
and the Chief Executive Officer or a Senior Officer of the Agency and negotiated with the
Underwriters or Placement Agents, provided such interest rates shall be deemed fair and
reasonable by her.
Section 3. In the event Bonds are to be sold on a private placement basis or pursuant to a
negotiated sale, the President and the Chief Executive Officer or a Senior Officer of the Agency is
hereby authorized to select the Placement Agents or Underwriters for the Bonds.
Section 4. Subject to the provisions of the Bond Resolutions, the President and the Chief
Executive Officer or a Senior Officer of the Agency is hereby authorized to enter into investment
agreements relating to the investment of the proceeds of the sale of the Bonds and related recovery
payments, with a qualified entity, under such terms and conditions as she shall deem appropriate.
Section 5. The President and the Chief Executive Officer or a Senior Officer of the Agency
is hereby authorized to enter into remarketing agreements with financial institutions selected by
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- 2 -
her upon terms deemed fair and reasonable by him or her.
Section 6. The President and the Chief Executive Officer or a Senior Officer of the Agency
is hereby authorized to appoint a Trustee and Paying Agent as referred to in the General Resolution
at a cost deemed to be fair and reasonable and comparable to that incurred in the past by the Agency
for the rendering of similar services.
Section 7. The President and Chief Executive Officer or any Senior Officer are hereby
authorized and directed to negotiate, draft, change, finalize, approve and execute any and all
documents and agreements necessary or convenient from time to time to effectuate the purposes
of the Resolutions, including, but not limited to disclosure documents, bond purchase agreements,
financing commitments, remarketing agreements, agreements relating to the investment of funds
and loan and real estate agreements and documents..
Section 8. Subject to the provisions of this resolution, the President and the Chief Executive
Officer or a Senior Officer of the Agency is hereby authorized to complete, finalize and make such
changes, insertions or deletions in the Resolutions as the President and Chief Executive Officer or
a Senior Officer, delivering the same to the Trustee, in his or her sole discretion, shall deem
reasonably necessary or convenient to effectuate the purposes of the Resolutions, such delivery to
be conclusive evidence of the approval thereof by the Members,.
B. Further Actions.
Section 1. The President and Chief Executive Officer or a Senior Officer is hereby
authorized to take any actions and execute any documents reasonably necessary to effectuate the
purposes of this resolution.
C. Effectiveness.
Section 1. This resolution shall take effect immediately.
ITEM 6:
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Miulina Ng TO: HFA Members
Vice President
Debt Issuance
SUBJECT: Supplemental Resolutions Amending Series Resolutions for 810 Fulton Street (the
“Project”), Brooklyn, Kings County.
The Borrower has requested the Agency’s approval of supplemental resolutions amending certain
provisions of the series resolution pursuant to which the Agency issued its Housing Revenue
Bonds in 2017 (the “Bonds”) to finance the Project.
BACKGROUND
At the December 15, 2016 Members’ meeting, the Project received Housing Revenue Bond
financing authorization in the maximum principal amounts of $138,000,000. Subsequently, the
Agency issued $125,000,000 principal amount of 810 Fulton Street Housing Revenue Bonds,
pursuant to a General Resolution and Series Resolutions. The Bonds were issued in a Private
Placement Mode and directly purchased by JPMorgan Chase Bank, N.A., People’s United Bank,
N.A. and People’s United Muni Finance Corp. (the “Bondholders”).
PROPOSED AMENDMENTS
The Borrower, following discussions with representatives of the Bondholders, proposes that the
Series Resolutions pursuant to which the Agency issued the Bonds be amended to extend the earlier
mandatory tender date to a date, initially March 28, 2021, or to a later date (no later than May 1, 2050) upon
consent of the Agency and 100% of the Bondholders and further subject to receipt by the Agency of a
favorable opinion of Bond Counsel.
The General Resolution pursuant to which the Agency issued the Bonds requires that these
amendments be adopted by the Members and will only become effective upon the delivery of
copies thereof the trustee for the Bonds accompanied by evidence of the consent of the
Bondholders.
RECOMMENDATION
Staff recommends that the Members adopt the supplemental resolutions transmitted herewith
amending certain provisions of the series resolutions related to the Project.
RESOLUTION OF THE FINANCE COMMITTEE OF THE
NEW YORK STATE HOUSING FINANCE AGENCY
RECOMMENDING THE ISSUANCE OF CERTAIN BONDS
WHEREAS, the Finance and Program Committee (“Committee”) of the New York
State Housing Finance Agency (“Agency”) is empowered to review proposed bond
issuances of the Agency and to make recommendations to the Members of the Agency in
connection therewith; now therefore be it
RESOLVED, by the Members of the Committee as follows:
Section 1. The Committee recommends that the Members of the Agency adopt
resolutions authorizing:
The extension of the Initial Private Placement Mode End date for the 810
Fulton Street Project in Brooklyn, Kings County.
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LIST OF RESOLUTIONS TO BE ADOPTED FOR THE
810 FULTON STREET APARTMENTS PROJECT
1. A RESOLUTION OF THE NEW YORK STATE HOUSING FINANCE AGENCY
AUTHORIZING AND APPROVING CERTAIN MATTERS IN CONNECTION WITH
THE FINANCING OF THE PROJECT KNOWN AS 810 FULTON STREET
APARTMENTS
2. A SUPPLEMENTAL RESOLUTION OF THE NEW YORK STATE HOUSING
FINANCE AGENCY AMENDING 810 FULTON STREET HOUSING REVENUE
BONDS 2017 SERIES A-1 RESOLUTION, 810 FULTON STREET HOUSING
REVENUE BONDS 2017 SERIES A-2 RESOLUTION, 810 FULTON STREET
HOUSING REVENUE BONDS 2017 SERIES B-1 RESOLUTION AND 810 FULTON
STREET HOUSING REVENUE BONDS SERIES 2017 SERIES B-2 RESOLUTION
EACH ADOPTED BY THE NEW YORK STATE HOUSING FINANCE AGENCY ON
DECEMBER 15, 2016.
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AN OMNIBUS RESOLUTION OF THE
NEW YORK STATE HOUSING FINANCE AGENCY
AUTHORIZING AND APPROVING CERTAIN MATTERS
IN CONNECTION WITH THE FINANCING OF THE PROJECT
KNOWN AS 810 FULTON STREET APARTMENTS
WHEREAS, on December 15, 2016, the Agency adopted its 810 Fulton Street Housing
Revenue Bond Resolution (the “General Resolution”, 810 Fulton Street Housing Revenue Bonds
2017 Series A-1 Resolution, 810 Fulton Street Housing Revenue Bonds 2017 Series A-2
Resolution, 810 Fulton Street Housing Revenue Bonds 2017 Series B-1 Resolution and the 810
Fulton Street Housing Revenue Bonds 2017 Series B-2 Resolution (collectively, the “Series
Resolutions” and together with the General Resolution, the “Resolutions”)); and
WHEREAS, simultaneously herewith, the Agency is adopting a Supplemental Resolution
Amending 810 Fulton Street Housing Revenue Bonds 2017 Series A-1 Resolution, 810 Fulton
Street Housing Revenue Bonds 2017 Series A-2 Resolution, 810 Fulton Street Housing Revenue
Bonds 2017 Series B-1 Resolution and 810 Fulton Street Housing Revenue Bonds 2017 Series B-
2 Resolution (the “supplemental Resolution”).
WHEREAS, the General Resolution provides that each of Series Resolutions may be
modified or amended upon the adoption and filing of a Supplemental Resolution, subject to the
consent of the holders of the Bonds (as defined in the General Resolution);
NOW THEREFORE, BE IT RESOLVED by the Members of the Agency as follows:
Section 1. The President and the Chief Executive Officer or a Senior Officer of the
Agency is hereby authorized to complete, finalize and make such changes, insertions or deletions
to the Supplemental Resolution, from time to time, as the President and Chief Executive Officer
or a Senior Officer delivering the same, in his or her sole discretion, shall deem reasonably
necessary or convenient to effectuate the purposes of the Supplemental Resolution and the
Resolutions, such delivery to be conclusive evidence of the approval thereof by the Members, and
any documents reasonably necessary or convenient to effectuate the purposes of this resolution,
provided that the maturity of the Bonds shall not be a date later than May 1, 2050.
Section 2. The President and Chief Executive Officer or a Senior Officer is hereby
authorized to take any actions and execute any documents reasonably necessary to effectuate the
purposes of this resolution.
Section 3. This resolution shall take effect immediately.
ITEMS REQUIRING AHC ACTION:
ITEM 7:
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
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1
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Lisa G. Pagnozzi TO: AHC Members
Vice President of Contracts
and Administration
SUBJECT: Approval of AHC’s Annual Procurement Report
AHC’s Annual Procurement Report for the fiscal year ending March 31, 2020 (“Annual
Report”) is before the Members for approval, pursuant to AHC’s Procurement and Contract
Guidelines (“Guidelines”) and Section 2879 of the Public Authorities Law that require the Members
to approve an Annual Report within ninety (90) days after the conclusion of each fiscal year. AHC
will also submit its Annual Report on-line using the Public Authorities Reporting Information
System (“PARIS”).
AHC’s Annual Report for the period ending March 31, 2020 describes procurement activity
that includes: (a) a listing of all Procurement Contracts entered into; (b) all Contracts entered into
with New York State Business Enterprises and the subject matter and value thereof; (c) all
Procurement Contracts entered into with NYS certified minority-owned business enterprises
(“MBEs”) and/or women-owned business enterprises (“WBEs”) (collectively, “MWBEs”) and NYS
certified service disabled veteran owned business enterprises (“SDVOBs”), and the subject matter
and value thereof; (d) all Contracts entered into with Foreign Business Enterprises and the subject
matter and value thereof; (e) the selection process used to select such Contractors; (f) all Procurement
Contracts which were exempt from the publication requirements of Article 4-C of the Economic
Development Law together with the basis for any exemption; and (g) the status of existing
Procurement Contracts.
This Annual Report lists the following information for each Contract: (i) a description of the
duties performed by the Contractor; (ii) the date of the Contract and its duration; (iii) the total value
of the Contract; (iv) the full name and address of the Contractor; (v) the status of the Contract
including the amount spent or other considerations given pursuant to the Contract during the
reporting period and for the life of the Contract to date; (vi) whether the Contractor is a certified
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
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2
MBE and/or WBE and/or SDVOB; and (vii) the total number of bids or proposals received prior to
the award of the Contract.
AHC’s MWBE primary and subcontracting procurement goal for 2019-2020 is 30%:
MBE goals: 15% WBE goals: 15%
Overall MWBE participation for this Report: 24.12%
MBE participation: 0.00% WBE participation: 24.12%
Recommendation
The attached Annual Procurement Report for the period ending March 31, 2020 is being
submitted to the AHC’s Members for approval. It is respectfully requested that the transmitted
resolution be adopted by AHC’s Members approving AHC’s Annual Procurement Report for the
fiscal period ending March 31 2020, including the (i) approval of Contracts exceeding $100,000 in
amount or one year in duration (as previously approved by AHC’s Governance/Audit Committees in
fiscal year 2019-2020) and (ii) review of previously approved Contracts exceeding one year in
duration (as previously reviewed by AHC’s Governance/Audit Committees in fiscal year 2019-2020).
-REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY-
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1
A RESOLUTION OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
APPROVING THE ANNUAL PROCUREMENT REPORT
WHEREAS, pursuant to Section 2879 of the Public Authorities Law (“PBA”) and
the Procurement and Contract Guidelines of the New York State Affordable Housing
Corporation (“AHC”) (“Guidelines”), AHC is required to prepare an Annual Procurement
Report (“Annual Report”); and
WHEREAS, Section 2879 of the PBA and the Guidelines require the Members to
approve the Annual Report; and
WHEREAS, during the past fiscal year, AHC’s Governance and Audit Committees
(“Committees”), as authorized by AHC’s Bylaws, Governance Charter and Audit Charter,
approved and/or annually reviewed Contracts exceeding one year in duration and/or
$100,000 in amount; and
WHEREAS, pursuant to the PBA and AHC’s Guidelines, the Members are required
to (a) approve Contracts exceeding $100,000 in amount and/or one year in duration and (b)
annually review previously approved Contracts exceeding one year in duration; and
WHEREAS, AHC plans to submit its Annual Report using the Public Authorities
Reporting Information System (“PARIS”) to the State’s Division of Budget and the State’s
Comptroller’s Office; now therefore, be it
RESOLVED, by the Members of AHC as follows:
Section 1. The AHC Members hereby approve the Annual Procurement Report for
the period April 1, 2019 through March 31, 2020, attached hereto, in PDF format.
Section 2. The AHC Members hereby approve and review Contracts in the Annual
Report exceeding one year in duration and/or $100,000 in amount, all in accordance with
this resolution and the memorandum accompanying this resolution.
Section 3. Agency staff is hereby authorized to submit the Annual Report for AHC,
as required by law, using PARIS.
Section 4. This resolution shall take effect immediately.
Dated: June 11, 2020
Andrew M. Cuomo, Governor RuthAnne Visnauskas, Commissioner/CEO
For the Period Commencing April 1, 2019 and Ending March 31, 2020
June 11, 2020
NEW YORK STATE AFFORDABLE
HOUSING CORPORATION
| 641 Lexington Avenue | New York, NY 10022 |www.nyshcr.org
Annual Procurement Report
Fiscal Year 2019 – 2020
Annual Procurement Report
For the Period Commencing April 1, 2019 and Ending March 31, 2020
Annual Procurement Report Index
SECTION TAB
Summary of AHC’s Procurement Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
AHC’s Procurement and Contract Guidelines (As amended on September 12, 2013) . .. . . . . . . . . . 2
Explanation of the AHC’s Procurement and Contract Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
NEW YORK STATE AFFORDABLE
HOUSING CORPORATION
TAB 1 Summary of AHC’s Procurement Activities
Procurement Report for New York State Affordable Housing Corporation Run Date: 06/04/2020
Fiscal Year Ending: 03/31/2020Status: UNSUBMITTEDCertified Date: N/A
Page 1 of 4
Procurement Information:
Question Response URL(If Applicable)1. Does the Authority have procurement guidelines? Yes https://hcr.ny.gov/governance
2. Are the procurement guidelines reviewed annually, amended if needed, and approved by the Board? Yes
3. Does the Authority allow for exceptions to the procurement guidelines? No
4. Does the Authority assign credit cards to employees for travel and/or business purchases? No
5. Does the Authority require prospective bidders to sign a non-collusion agreement? Yes
6. Does the Authority incorporate a summary of its procurement policies and prohibitions in its solicitation of proposals, bid documents, or specifications for procurement contracts?
Yes
7. Did the Authority designate a person or persons to serve as the authorized contact on a specific procurement, in accordance with Section 139-j(2)(a) of the State Finance Law, "The Procurement Lobbying Act"?
Yes
8. Did the Authority determine that a vendor had impermissible contact during a procurement or attempted to influence the procurement during the reporting period, in accordance with Section 139-j(10) of the State Finance Law?
No
8a. If Yes, was a record made of this impermissible contact?
9. Does the Authority have a process to review and investigate allegations of impermissible contact during a procurement, and to impose sanctions in instances where violations have occurred, in accordance with Section139-j(9) of the State Finance Law?
Yes
10. As required by Section 2880 of the Public Authorities Law, has the Authority prepared a statement on its prompt payment policy?
Yes Attachment Included
11. As required by Section 2880 of the Public Authorities Law, has the Authority prepared a report on the scope and implementation of its prompt payment policy?
Yes Attachment Included
12. Is the Authority subject to Article 15-A of the Executive Law? Yes
13. Has the Authority designated a person or persons to oversee its MWBE program? Yes
14. Does the Authority maintain a current and updated list of qualified certified MWBEs? Yes
15. Does the Authority provide notices to professional and other organizations that serve MWBEs as to the types ofservices procured by the Authority?
Yes
16. Did the Authority establish a goal for participation by MWBEs in its procurement contracts? Yes
a. If yes, what was the goal (percentage of total procurements) for the reporting period? .3%
b. What was the actual percentage of total procurements awarded to MWBEs for the reporting period? .24%
Procurement Report for New York State Affordable Housing Corporation Run Date: 06/04/2020
Fiscal Year Ending: 03/31/2020Status: UNSUBMITTEDCertified Date: N/A
Page 2 of 4
Procurement Transactions Listing:
1. Vendor Name Accounting Firm of Susan A Rich Type Of Procurement Financial Services
Transaction Number 3335 Award Process Authority Contract - Competitive Bid
Procurement Description AUDIT SERVICES Award Date 11/21/19
Amount Expended for Fiscal Year $4,100.00 Begin Date 11/21/19
Amount Expended for Life to Date $4,100.00 Renewal Date
Does the Contract have an End Date Yes End Date 11/20/20
Current or Outstanding Balance $0.00 Amount $4,100.00
Number of Bids or Proposals Received Prior to Award of Contract
5 Fair Market Value
Is the Vendor a NYS or Foreign Business Enterprise?
NYS Explain why the Fair Market Value is less than the Amount
Is the Vendor a Minority or Women –Owned Business Enterprise?
Yes Status OPEN
Exemption from the Publication Requirements of Article 4C of the Economic Development Law?
No Were MWBE Firms Solicited as Part of this Procurement Process?
Yes
If Yes, basis for Exemption Number of Bids and Proposals Received from MWBE Firms
1
Address Line 1 3535 Jerusalem Avenue
Address Line 2
City WANTAGH
State NY
Postal Code 11793
Plus 4
Province/Region
Country United States
Procurement Report for New York State Affordable Housing Corporation Run Date: 06/04/2020
Fiscal Year Ending: 03/31/2020Status: UNSUBMITTEDCertified Date: N/A
Page 3 of 4
Procurement Transactions Listing:
2. Vendor Name Automatic Data Processing, Inc. Type Of Procurement Financial Services
Transaction Number 1974 Award Process Authority Contract - Non-Competitive Bid
Procurement Description PAYROLL SERVICES Award Date 10/01/05
Amount Expended for Fiscal Year $20,235.00 Begin Date 10/01/05
Amount Expended for Life to Date $146,137.00 Renewal Date
Does the Contract have an End Date No End Date
Current or Outstanding Balance $20,235.00 Amount $166,372.00
Number of Bids or Proposals Received Prior to Award of Contract
0 Fair Market Value $166,372.00
Is the Vendor a NYS or Foreign Business Enterprise?
NYS Explain why the Fair Market Value is less than the Amount
Is the Vendor a Minority or Women –Owned Business Enterprise?
No Status OPEN
Exemption from the Publication Requirements of Article 4C of the Economic Development Law?
Yes Were MWBE Firms Solicited as Part of this Procurement Process?
No
If Yes, basis for Exemption Single Source Contract Number of Bids and Proposals Received from MWBE Firms
0
Address Line 1 1 ADP Blvd
Address Line 2
City ROSELAND
State NJ
Postal Code 07068
Plus 4
Province/Region
Country United States
Procurement Report for New York State Affordable Housing Corporation Run Date: 06/04/2020
Fiscal Year Ending: 03/31/2020Status: UNSUBMITTEDCertified Date: N/A
Page 4 of 4
Procurement Transactions Listing:
3. Vendor Name Ernst & Young LLP Type Of Procurement Financial Services
Transaction Number 3103 Award Process Authority Contract - Competitive Bid
Procurement Description AUDIT SERVICES Award Date 09/16/15
Amount Expended for Fiscal Year $12,900.00 Begin Date 09/16/15
Amount Expended for Life to Date $49,554.00 Renewal Date
Does the Contract have an End Date Yes End Date 09/15/20
Current or Outstanding Balance $0.00 Amount $49,554.00
Number of Bids or Proposals Received Prior to Award of Contract
6 Fair Market Value
Is the Vendor a NYS or Foreign Business Enterprise?
NYS Explain why the Fair Market Value is less than the Amount
Is the Vendor a Minority or Women –Owned Business Enterprise?
No Status OPEN
Exemption from the Publication Requirements of Article 4C of the Economic Development Law?
No Were MWBE Firms Solicited as Part of this Procurement Process?
Yes
If Yes, basis for Exemption Number of Bids and Proposals Received from MWBE Firms
0
Address Line 1 5 Times Square
Address Line 2
City NEW YORK
State NY
Postal Code 10035
Plus 4
Province/Region
Country United States
Additional Comments
TAB 2 Procurement and Contract Guidelines
(As amended on September 12, 2013)
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PROCUREMENT AND CONTRACT GUIDELINES OF
THE NEW YORK STATE HOUSING FINANCE AGENCY,
STATE OF NEW YORK MORTGAGE AGENCY,
NEW YORK STATE AFFORDABLE HOUSING CORPORATION,
STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY,
AND TOBACCO SETTLEMENT FINANCING CORPORATION
ESTABLISHING STANDARDS
FOR THE USE, AWARD, MONITORING AND REPORTING
OF PROCUREMENT CONTRACTS (effective as of December 15, 2005, revised as of September 12, 2013)
ARTICLE I
1. STATEMENT OF PURPOSE AND APPLICABILITY
a. Statement of Purpose. These Guidelines are adopted pursuant to the provisions of
the Acts and §2879 of the Public Authorities Law, as guidelines of the New York
State Housing Finance Agency, State of New York Mortgage Agency, New York
State Affordable Housing Corporation, State of New York Municipal Bond Bank
Agency and Tobacco Settlement Financing Corporation (collectively hereinafter
referred to as "Agencies" or each individually as "Agency") and, in accordance
therewith, are to be reviewed and approved by the Members and Directors of each
respective Agency at least annually.
b. Applicability. These Guidelines apply to the Procurement by the Agencies of goods
or services in the actual or estimated amount of $5,000 or more.
c. Title. Outside of this document, these Guidelines may be referred to as the
"Procurement and Contract Guidelines" and herein may be referred to as
"Guidelines."
ARTICLE II
2. DEFINITION OF TERMS
a. Definitions. The following terms shall, for purposes of these Guidelines, have the
following meanings unless the context shall clearly indicate some other meaning:
i. "Act" or "Acts" shall mean, either individually, or collectively, the Acts of
each of the New York State Housing Finance Agency, State of New York
Mortgage Agency, New York State Affordable Housing Corporation, State
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of New York Municipal Bond Bank Agency and Tobacco Settlement
Financing Corporation.
ii. "Agency" or "Agencies" shall mean, either individually or collectively, each
of the New York State Housing Finance Agency, State of New York
Mortgage Agency, New York State Affordable Housing Corporation, State
of New York Municipal Bond Bank Agency and Tobacco Settlement
Financing Corporation.
iii. "Affiliated Agencies" shall mean all of the affiliated and co-located
Agencies, being the New York State Housing Finance Agency, State of
New York Mortgage Agency, New York State Affordable Housing
Corporation, State of New York Municipal Bond Bank Agency and
Tobacco Settlement Financing Corporation, including the Housing Trust
Fund Corporation, a subsidiary of the New York State Housing Finance
Agency, located in Albany, New York.
iv. "Annual Procurement Report" shall mean the annual report required by
Article XII hereof.
v. “Article 15-A of the Executive Law” or “Article 15-A” shall mean, the
statute that governs the participation by Minority Group Members and
women with respect to Agency Contracts.
vi. "By-Laws" shall mean the By-Laws adopted by the Members and Directors
of each Agency.
vii. "Contact" shall mean, for purposes of applying the Lobbying Law in
relation to any Agency Governmental Procurement with actual or
anticipated annualized expenditures in excess of $15,000, any oral, written
or electronic communication from a Contractor or Vendor, or their
representatives, with any Agency, under circumstances where a reasonable
person would infer that the communication was intended to influence any
Agency’s conduct or decision regarding an Agency Governmental
Procurement.
viii. "Contract" shall mean a written agreement whereby an Agency undertakes
Procurement, and shall include, but not be limited to, accepted Purchase
Orders and Procurement Contracts. Contracts in excess of $25,000 for
goods and services and Contracts in excess of $100,000 for the acquisition,
construction, demolition, replacement, major repair, or renovation of real
property and improvements thereon are subject to the Agencies’ MWBE
Directives. Additionally, pursuant to Article 15-A, solely for the purpose
of providing the opportunity for meaningful participation for certified
MWBEs in the performance of Agency Contracts, Agency Contracts shall
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include leases of real property by any Agency to a Lessee where: (a) the
terms of such leases provide for the construction, demolition, replacement,
major repair or renovation of real property and improvements thereon by
such Lessee; and (b) the cost of such construction, demolition, replacement,
major repair or renovation of real property and improvements thereon shall
exceed the sum of $100,000.
ix. "Contractor" shall mean a supplier of goods or services to any Agency
pursuant to a written Contract.
x. "Counsel" shall mean an attorney in the regular employment of any Agency.
xi. "Critical Contract" shall mean a Contract which must be awarded within a
set time period because delay of the award would have a serious adverse
effect on the contracting Agency that outweighs the benefits of
advertisement in the "New York State Contract Reporter," as determined by
the President, and a Senior Officer designated by the President. Examples
of Critical Contracts include Contracts related to bond issuances. All
Emergency Selection Contracts shall be Critical Contracts. Emergency
Foreign Business Enterprise Contracts are not Critical Contracts unless the
Agency independently determines those Contracts to be Critical Contacts.
xii. "Designated Contact" shall mean, for purposes of applying the Lobbying
Law in relation to any Agency Governmental Procurement with actual or
anticipated annualized expenditures in excess of $15,000, a Contact made
between an Offerer and the Agency's Designated Contact Officer(s), as set
forth in Article VII of these Guidelines.
xiii. "Designated Contact Officer(s)" shall mean, for purposes of applying the
Lobbying Law in relation to any Agency Governmental Procurement with
actual or anticipated annualized expenditures in excess of $15,000, the
person(s) the Agency appoints to such position, in accordance with the
provisions of the Lobbying Law, who may be the recipient of Designated
Contacts, as set forth in Articles VII and XI of these Guidelines.
xiv. "Designated MWBE Officer(s)” shall mean the senior staff member(s) the
Agency appoints to such position, who reports directly to the President to
oversee the Agencies’ MWBE Program, as set forth in Articles VI and XI
of these Guidelines.
xv. "Determination of Responsibility" shall mean, in relation to any Agency
Governmental Procurement with actual or anticipated annualized
expenditures in excess of $15,000, a final determination required to be made
by the Agency of the proposed Contractor or Vendor to whom the Contract
is to be awarded in accordance with Public Authorities Law § 2879 (3) (b)
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(iii). For Determinations of Responsibility hereunder, the Lobbying Law
requires that proposed Contractors and Vendors disclose findings of non-
responsibility against them within the previous four years by any other
governmental agency.
xvi. "Director(s)" shall mean the Directors of each of the State of New York
Mortgage Agency and State of New York Municipal Bond Bank Agency
and collectively, both of them.
xvii. "Discriminatory Jurisdiction" shall mean any other county, nation,
province, state or political subdivision thereof which employs a preference
or price distorting mechanism to the detriment of, or otherwise
discriminates against, a New York State Business Enterprise in the
Procurement of goods or services by the same, or a non-governmental entity
influenced by the same.
xviii. "Disparity Study of 2010" or “Disparity Study” shall refer to the disparity
study commissioned by the Empire State Development Corporation
(“ESDC”), pursuant to Article 15-A, and published on April 29, 2010.
xix. "Emergency Foreign Business Enterprise Contract" shall mean any
Contract awarded on an emergency or critical basis or where the New York
State Commissioner of Economic Development (hereinafter referred to as
the “Commissioner”) waives provisions otherwise applying to Contracts
with Foreign Business Enterprises which are equal to or greater than
$1,000,000, pursuant to Article VIII of these Guidelines.
xx. "Emergency Selection Contract" shall mean any Contract exempt from
competitive selection due to an Agency determination of an emergency
justifying such exemption.
xxi. "Employee" shall mean an employee of any Agency, whether full or part
time.
xxii. "Ethics Officer" shall mean the person the Agency appoints to such position
for purposes of administering matters in connection with the State Ethics
laws, or any other State law which requires the existence of such an officer
to review, monitor and impose sanctions related to Procurement matters
including, but not limited to, Lobbying Law Directives.
xxiiii. "Foreign Business Enterprise" shall mean a business enterprise, including a
sole proprietorship, partnership or corporation, which offers for sale, lease
or other form of exchange, goods sought by any Agency and which are
substantially produced outside the State, or services sought by any Agency,
and which are substantially performed outside the State.
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xxiv. "Formal Contract" shall mean a Contract which is required to be in writing
and formally executed by the Contractor and the Agency.
xxv. “Formal Solicitation” shall mean a Request for Proposal process.
xxvi. “Governance Committee Member(s)” shall mean the members of each of
the New York State Housing Finance Agency, State of New York Mortgage
Agency, New York State Affordable Housing Corporation, State of New
York Municipal Bond Bank Agency and Tobacco Settlement Financing
Corporation, and collectively, all of them.
xxvii. “Governmental Procurement” shall mean the (a) public announcement,
public notice, or public communication to any potential Vendor of a
determination of a need for a Procurement, which shall include, but not be
limited to, the public notification of the specifications, bid documents,
RFPs, or evaluation criteria for a Procurement Contract, (b) solicitation for
a Procurement Contract, (c) evaluation of a Procurement Contract, (d)
award, approval, denial or disapproval of a Procurement Contract, or (e)
approval or denial of an assignment, amendment (other than amendments
that are authorized and payable under the terms of the Procurement Contract
as it was finally awarded or approved by the State’s comptroller, as
applicable), renewal or extension of a Procurement Contract, or any other
material change in the Procurement Contract resulting in a financial benefit
to the Offerer.
xxviii. "Guidelines" shall mean these Guidelines, as they may be amended from
time to time.
xxix. "Impermissible Contact" shall mean, for purposes of applying the Lobbying
Law in relation to any Agency Governmental Procurement with actual or
anticipated annualized expenditures in excess of $15,000, any Contact that
is not a Designated Contact.
xxx. “Informal Solicitation” shall mean a Request for Bid process.
xxxi. “Invitation for Bid” process or “IFB” shall mean the informal solicitation, by
way of a statement of qualification, proposal and/or, as appropriate, price
bid from at least three prospective Contractors or Vendors, one of which
shall be from a MWBE, if possible, for Procurements not expected to
exceed $50,000. Procurements anticipated to exceed $25,000 or more must
include MWBE participation goals.
xxxii. “Lessee" shall have the same meaning defined in Article 15-A.
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xxxiii. "Lobbying Law Directives" shall mean, in relation to any Agency
Governmental Procurement with actual or anticipated annualized
expenditures in excess of $15,000, the requirements of the provisions of the
Lobbying Law, and as set forth in Article VII of these Guidelines.
xxxiv. "Lobbying Law" shall mean the provisions of the Legislative Law and the
State Finance Law enacted on August 23, 2005, Chapter 1 of the laws of
2005 and amended on March 20, 2010, Chapter 4 of the laws of 2010.
xxxv. "Member(s)" shall mean the members of each of the New York State
Housing Finance Agency, New York State Affordable Housing
Corporation, and Tobacco Settlement Financing Corporation, and
collectively, all of them.
xxxvi. "Minority Owned Business Enterprise" or "MBE" shall mean any business
enterprise, including a sole proprietorship, partnership or corporation, that
is:
(1) at least 51% owned by one or more Minority Group Members, or in
the case of a publicly-owned business, at least 51% of the common
stock or other voting interests of which is owned by one or more
Minority Group Members;
(2) an enterprise in which the minority ownership is real, substantial and
continuing;
(3) an enterprise in which the minority ownership has, and exercises,
the authority to control independently the day-to-day business
decisions of the enterprise;
(4) an enterprise authorized to do business in the State, independently
owned and operated, and not dominant in its field;
(5) an enterprise owned by an individual or individuals, whose
ownership, control and operation are relied upon for certification,
with a Personal Net Worth that does not exceed $3.5 million, as
adjusted annually on the first of January for inflation according to
the consumer price index of the previous year; and
(6) an enterprise that is a Small Business.
xxxvii.“Minority and/or Women-Owned Business Enterprise” or “MWBE” shall
mean any business enterprise, including a sole proprietorship, partnership
or corporation, that meets the qualifications for an MBE, a WBE, or both
an MBE and a WBE.
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xxxviii."Minority Group Member" shall mean a United States citizen or permanent
resident alien who is and can demonstrate membership in one of the
following groups:
(1) Black persons having origins in any of the Black African racial
groups not of Hispanic origin;
(2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American of either Indian or Hispanic origin,
regardless of race;
(3) Native American or Alaskan native persons having origins in any of
the original peoples of North America; or
(4) Asian and Pacific Islander persons having origins in any of the Far
East countries, Southeast Asia, the Indian sub-continent or the
Pacific Islands.
xxxix. "MWBE Director" shall mean the director of the division of minority and
women’s business development in the Department of Economic
Development.
xl. "MWBE Directives" shall mean the requirements of the Agencies’ MWBE
Program in accordance with the provisions in §2879 of the Public
Authorities Law and Article 15-A, and as set forth in Article VI of these
Guidelines.
xli. "MWBE Program" shall mean the Agencies’ Procurement procedures and
policies for providing opportunity for meaningful participation of certified
businesses in the performance of Agency Contracts, as more fully described
in Article VI of these Guidelines.
xlii. "New York State Business Enterprise" or "NYSBE" shall mean a business
enterprise, including a sole proprietorship, partnership, or corporation,
which offers for sale or lease or other form of exchange, goods which are
sought by any Agency and which are substantially manufactured, produced
or assembled in the State, or services which are sought by any Agency and
which are substantially performed within the State.
xliii. "Offerer" shall mean, for purposes of applying the Lobbying Law in relation
to any Agency Governmental Procurement with actual or anticipated
annualized expenditures in excess of $15,000, an individual or entity, or any
employee, agent or consultant or person acting on behalf of such individual
or entity, that contacts any Agency about an Agency Governmental
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Procurement during the Restricted Period of such Agency Governmental
Procurement, whether or not the caller has a financial interest in the
outcome of the Governmental Procurement.
xliv. "Officer" shall mean any person so defined in the By-Laws of the Agencies.
xlv. "Permissible Contact" shall mean, for purposes of applying the Lobbying
Law in relation to any Agency Governmental Procurement with actual or
anticipated annualized expenditures in excess of $15,000, a Designated
Contact.
xlvi. "Permissible Subject Matter Communication" shall mean, for purposes of
applying the Lobbying Law in relation to any Agency Governmental
Procurement with actual or anticipated annualized expenditures in excess
of $15,000, the communications set forth as such in Article VII of these
Guidelines.
xlvii. "Personal Net Worth" shall have the same meaning defined in Article 15-
A.
xlviii. "Personal Services" shall mean any services performed for fee, commission
or other compensation by persons or organizations who are not providing
such services as Officers or Employees of any Agency or any State agency
or public corporation.
xlix. "Preferred Source" shall mean the status afforded to certain contractors or
vendors for purposes of Procurement under §162 of the State Finance Law.
l. "President and Chief Executive Officer" or "President" shall mean the
Senior Officer having such title according each Agency’s By-Laws.
li. "Procurement" shall mean the acquisition of goods, materials and services
including, but not limited to, Personal Services, by any Agency. The term
goods shall include, but not be limited to, personal property, including
furniture, fixtures, stationery and supplies. Services shall include, but not
be limited to, the performance of legal, accounting, management,
consulting, investment banking, planning, training, statistical, research,
public relations, architectural, engineering, surveying or other Personal
Services of a consulting, professional or technical nature for a fee,
commission or other compensation by a person or persons who are not
providing such service as Officers or Employees of any Agency or any State
agency or public corporation.
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lii. "Procurement and Contract Guidelines" shall mean the guidelines to
Procurement of goods or services by the Agencies, adopted by the Agencies'
Members and Directors on December 15, 2005 and revised as of September
14, 2010, pursuant to the provisions of the Acts and §2879 of the Public
Authorities Law, as guidelines of the New York State Housing Finance
Agency, State of New York Mortgage Agency, New York State Affordable
Housing Corporation, State of New York Municipal Bond Bank Agency
and Tobacco Settlement Financing Corporation.
liii. "Procurement Contract(s)" shall mean, (a) (following the definition in
§2879 of the Public Authorities Law) any written agreement for
Procurement in the actual or estimated amount of $5,000 or more or (b)
(following the definition in the Lobbying Law for purposes of applying the
Lobbying Law in relation to any Agency Governmental Procurement with
actual or anticipated annualized expenditures in excess of $15,000) any
Contract, including an amendment, extension, renewal, or change order to
an existing Contract (other than amendments, extensions, renewals, or
change orders that are authorized and payable under the terms of the
Contract as it was finally awarded), for a Governmental Procurement.
liv. "Procurement Contract Officer" shall mean the person appointed by the
President to such position, as set forth in Article XI of these Guidelines.
lv. "Procurement Record" shall mean documentation of the decisions made and
the approach taken in the Procurement process together with other
documentation with respect to Contracts and Contractors/Vendors, as set
forth in these Guidelines.
lvi. "Purchase Order(s)" shall mean written authorization to a Vendor to deliver
specified goods or services at a stipulated price.
lvii. "Quarterly Procurement Report(s)" shall mean the quarterly reports
required by Article XII, as described herein.
lviii. "Request for Proposal" or "RFP" shall mean the formal solicitation, by way
of a detailed description of services and/or related work required by any
Agency, of a comprehensive response from qualified potential Contractors
or Vendors, indicating the manner in which each would perform the tasks
involved and the compensation requested, which response would be the
basis for a contractual agreement. (It is generally expected that a qualifying
response to an RFP would be sufficiently comprehensive to supply all
essential information necessary to enter into a Contract.)
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lix. "Request for Qualification or "RFQ" shall mean a request for statement of
qualifications, which shall contain detailed information, so as to enable
recipients to determine the desirability of participating in the selection
process and to develop a competitive statement. An RFQ may request other
information in addition to qualifications. (An RFQ requests less
information than an RFP. The response may or may not provide enough
information upon which to base a Contract, but if it is not sufficient to base
a Contract upon, supplementary information would likely be necessary to
determine the scope of tasks to be performed under the Contract.)
lx. "Restricted Period" shall mean, for purposes of applying the Lobbying Law
in relation to any Agency Governmental Procurement with actual or
anticipated annualized expenditures in excess of $15,000, the period of time
commencing with the earliest determination of a Procurement need by any
Agency to any potential Contractor or Vendor, including, but not limited to,
any oral or written communication, notice, advertisement or solicitation of
an RFP, invitation for bids, or solicitation of proposals, or any other method
for soliciting a response from contractors or vendors intending to result in a
Procurement Contract with the Agency and ending with the Agency's
approval of the final Contract award.
lxi. "Senior Officer" shall mean a Senior Officer as defined in the By-Laws of
the Agencies.
lxii. "Senior Vice President and Counsel" shall mean the Senior Vice President
and Counsel of the Agencies.
lxiii. "Single Source Contract" shall mean a Contract awarded without
competitive procedures as a result of a determination by the Agency,
approved in writing by the President and a Senior Officer designated by the
President, that one firm is uniquely qualified or has a unique advantage with
respect to the provision of a particular service or good, such that competitive
procedures are rendered futile.
lxiv. "Small Business" shall have the same meaning defined in Article 15-A.
lxv. "Sole Source Contract" shall mean a Contract awarded without competitive
procedures as a result of a determination by the Agency, approved in writing
by the President and a Senior Officer designated by the President, that there
is only one source for a particular service or good, such that competitive
procedures are rendered futile.
lxvi. "State" shall mean the State of New York.
lxvii. "Vendor" shall mean a supplier of goods or services to any Agency.
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lxviii. "Women-Owned Business Enterprise ("WBE")" shall mean a business
enterprise, including a sole proprietorship, partnership or corporation that
is:
(1) at least 51% owned by one or more United States citizens or
permanent resident aliens who are women or, in the case of a
publicly-owned business, at least 51% percent of the common stock
or other voting interests of which is owned by United States citizens
or permanent resident aliens who are women;
(2) an enterprise in which the ownership interest of women is real,
substantial and continuing;
(3) an enterprise in which the women ownership has, and exercises, the
authority to control independently the day-to-day business decisions
of the enterprise;
(4) an enterprise authorized to do business in the State, independently
owned and operated, and not dominant in its field;
(5) an enterprise owned by an individual or individuals, whose
ownership, control and operation are relied upon for certification,
with a Personal Net Worth that does not exceed $3.5 million, as
adjusted annually on the first of January for inflation according to
the consumer price index of the previous year; and
(6) an enterprise that is a Small Business.
b. Construction of Language. Any other capitalized terms used herein shall have the
meaning given by the By-Laws. Except where the context otherwise requires,
words importing the singular number shall include the plural number and vice
versa.
ARTICLE III
3. USE OF PROCUREMENT CONTRACTORS AND VENDORS
a. Threshold Criteria for Use of Procurement Contractors for Personal Services. The
general responsibilities of the Agencies are performed by Employees. Accordingly,
it is the policy of the Agencies that before Personal Services are used, it first be
considered whether it would be more appropriate for Employees to provide such
services. Personal Services Contractors may be used when it has been determined:
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(l) that such service is necessary or convenient to the performance of
any Agency's responsibilities, and;
(2) (x) that such service is not available from Employees, or;
(y) that the performance of such service requires it be undertaken by
someone independent of the Agencies, or;
(z) that use of personnel of any Agency for such service would not
be efficient or cost effective.
Such determination shall be made by a Senior Officer except that, in the case of
Personal Services set forth below in this Article, such determination may be made
by Senior Officers as they may deem administratively appropriate. Non-Personal
Services Contracts shall be entered into when any Agency requires goods, materials
and non-Personal Services to function effectively and efficiently.
b. Areas Requiring Use of Procurement Contracts for Personal Services. Personal
Services Contracts have typically been and are anticipated to be executed in the
following areas, pursuant to a determination of appropriateness in accordance with
the requirements of subparagraph a. of this Article:
Types of Services, Responsibilities and Description of Services to be Provided.
i. Appraisal. Provide appraisals, analyses and reports with respect to
properties which are or may be the subject of Agency loans or loans insured
by the Agency.
ii. Architectural and Engineering. Provide professional architectural and/or
engineering services relative to the construction of properties which are or
may be the subject of Agency loans, or loans insured by the Agency.
iii. Audit and Accounting. Provide audit services pertaining to the year-end
preparation of financial statements for the Agency in conformance with
generally accepted accounting principles. Perform special audits as
requested.
iv. Custody & Safekeeping Services. Provide custody and safekeeping
services to secure Agency investments and receive and evaluate underlying
collateral for secured Agency investments.
v. Equipment Maintenance. Provide maintenance for the routine service or
repair of office and data processing equipment.
vi. Information Technology Consulting. Provide analyses and
recommendations on the Agencies’ data processing structure and
operations.
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vii. Information Technology Services. Provide report generating and printing
services, computer systems hardware, programming and related services to
the Agency(s).
viii. Investment Banking. Provide: (a) financial advisory services; (b) marketing
services for Agency bond issues; and (c) recommendations and analyses
with respect to Agency investments, and the preparation, sale, marketing
and distribution of Agency bond issues.
ix. Legal. Provide legal services, opinions and analyses related to bond and
note financings, real estate matters, corporate matters, litigation matters and
labor matters.
x. Management Consulting. Provide analyses and recommendations
concerning the Agencies’ organizational structure and the management of
its operations.
xi. Minority Business Enterprise Consultants. Provide technical assistance in
the Agencies’ effort to facilitate MBE participation in Agency programs.
xii. Printing. Provide: (a) financial printing services based upon specifications
and details developed by the Agency; (b) technical printing services relative
to the reproduction of loan and insurance documents; (c) graphic, layout and
printing services in connection with production of the Agencies’ annual
report(s); and any special reports that may be required; and (d) other
printing and offset services.
xiii. Training. Provide supervisory and other skills training to Agency Officers
and Employees.
xiv. Trustee Banking Services. Provide banking services to monitor the timely
receipt of payments, retirement of debt, collateral evaluations and other
services as required by the various bond resolutions.
xv. Others. The examples of Personal Services listed above in clauses (i)
through (xiv) reflect anticipated Personal Services and are not meant to be
exhaustive; other services, in other areas, may be utilized subject to these
Guidelines.
These Personal Services are not required to be provided as Personal Services
Contracts, and may sometimes be performed by Agency staff.
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ARTICLE IV
4. SELECTION OF PROCUREMENT VENDORS AND CONTRACTORS.
a. Preferred Selection Criteria and Approach. It is the preference of the Agencies that
Vendors and Contractors shall be selected from as broad a spectrum of providers
as is practicable, and that Contracts be awarded and purchases be made consistent
with the quality of services, or goods and materials required, at fair and reasonable
prices. In addition, it is the preference of the Agencies to encourage the
participation and utilization of MWBEs in accordance with the MWBE Directives,
as set forth in Article VI of these Guidelines and to encourage the participation of
New York State Business Enterprises. Contacts shall be regulated in accordance
with Lobbying Law Directives, and as set forth in Article VII of these Guidelines.
b. Selection on a Competitive Basis. It is the preference of the Agencies that
Procurement, unless otherwise prescribed, be by competitive process, and that the
process be as competitive as is possible. It is the policy of the Agencies that the
selection of Procurement Contractors and Vendors be exempt from the competitive
process only under certain exceptional circumstances as specified herein. As
appropriate, the following competitive processes may be used in order to select
Contractors and Vendors:
i. Competitive Lowest Price Bid for Goods or Materials. Solicitation of at
least three price bids, one of which shall be from a MWBE, if feasible, for
specified Procurement, other than Personal Services (goods and materials),
to be awarded to qualifying Contractors or Vendors primarily on the basis
of the lowest price. Competitive bids are to be solicited when the goods and
materials required are of a standardized nature that may reasonably be made
the subject of specifications to which bidders respond with required
qualification data and price offers.
ii. Invitation for Bid (“IFB”) process for Contracts Not Expected to Exceed
$50,000. If a Senior Officer determines it is appropriate, an Agency may
commence an informal Procurement process by soliciting statements of
qualifications, proposals and, as appropriate, price bids from at least three
prospective Contractors or Vendors, one of which shall be from a MWBE,
if feasible, for Procurements not expected to exceed $50,000. Procurements
valued at $25,000 or more must include MWBE participation goals. Award
of a Contract within this method is made on the basis of an evaluation of
the characteristics, quality and cost of such statements of qualifications and
proposals.
iii. RFP (without negotiation). Solicitation of specific proposals which indicate
an understanding of identified financial, organizational, logistical and
technical requirements and/or problems, and which detail elements of
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performance, including techniques and procedures as well as prices. Award
of a Contract within this method is made on the basis of a formal evaluation
of the characteristics, quality and cost of such proposals.
iv. RFP with Competitive Negotiations. Solicitation of qualifying potential
Contractors or Vendors who have submitted materials pursuant to: (a) an
RFP to further negotiate their proposals; (b) an RFP which stated that the
Agency might further negotiate proposals; or (c) a determination by the
Agency, subsequent to issuing an RFP, that further negotiation is
appropriate or that the RFP should be revised to permit further negotiations.
Further negotiation may include, but shall not be limited to, prices for
Contract award on the basis of a formal evaluation of the characteristics,
quality and cost of such proposals.
v. Pre-qualified Panel. The Agency may select Contractors for any
Procurement activity from a qualified panel of potential Contractors,
selected on the basis of an RFP or RFQ. The purpose of using a pre-
qualified panel is to allow aspects of the competitive process to be addressed
early in a phased selection process. This is so that Vendors and Contractors
on the panel can be subsequently engaged on an accelerated or more
efficient basis. In accordance therewith, panels shall be administered so
that the Contract award is based upon a formal evaluation of qualifications
and/or the subsequent negotiation of fair and reasonable compensation for
specific services actually required. At such time as a panel is created, the
Agency shall document for the Procurement Record with respect to that
panel, which aspects of the competitive process (a) are being addressed
prior to the panel's establishment and (b) shall be fulfilled subsequent to the
establishment of the panel. The award of assignments to respective Vendors
on a panel need not be based purely on competitive selection processes, to
the extent that assignments based on distribution of workload, distribution
of risk, and/or a policy of rotation intended to benefit the Agency are
reasonable. Panels shall be identified to the Agency Procurement Contract
Officer, reported in the Annual Procurement Contract Report, and reviewed
and recertified annually to the Agencies’ Procurement Contract Officer by
the Agency Officer in charge of administering the panel.
vi. State Contract. Any Agency can enter into Contracts with eligible Vendors,
where the State has engaged in a competitive process to create eligible
Vendors; and an Agency can enter into a Contract with those Vendors for
such services upon comparable terms, provided a Senior Officer determines
this is appropriate.
vii. GSA Contract (or contract of the U.S. General Services Administration or
US GSA). Any Agency can enter into Contracts with eligible Vendors,
where the US GSA has engaged in a competitive process to create eligible
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Vendors; and an Agency can enter into a Contract with those Vendors for
such services upon comparable terms, provided a Senior Officer determines
this is appropriate.
viii. Affiliated Agency Contract or Affiliated Agency Competitive Selection
Process. Whenever an Affiliated Agency has completed a competitive
process to create a list of Vendors eligible for the provision of goods or
services, any other Agency can enter into a Contract with those Vendors for
such services, if for the same services and upon comparable terms.
Whenever an Affiliated Agency has engaged in a competitive process, and
that process has not yet created a list of eligible Vendors, and an Agency
can complete that process to create eligible Vendors, the Agency may do so
in order to enter into a Contract with those Vendors for such services for
which Vendors are ultimately determined eligible to provide, provided a
Senior Officer determines this is appropriate.
c. Selection on a Non- Competitive Basis. The competitive processes established
above in this Article shall not apply or are hereby waived in the following
situations:
i. Preferred Source Providers. Every Agency Procurement shall be conducted
in accordance with §162 of the State Finance Law, which, in certain
instances, affords Preferred Source status to certain Contractors and
Vendors to advance special social and economic goals and precludes the
use of competitive selection procedures.
ii. Existing Centralized State Contracts. Any Agency may carry out a
Procurement using existing centralized State Contracts pursuant to which
the Agencies are eligible to procure goods and/or services, according to the
State negotiated terms.
iii. Existing GSA Contracts. Any Agency may carry out a Procurement using
existing centralized GSA Contracts pursuant to which the Agencies are
eligible to procure goods and/or services, according to the State negotiated
terms.
iv. Emergency. When an emergency requires that selection of a Contractor or
Vendor cannot be delayed long enough for the use of a competitive
procedure because immediate action is required, the President, and a Senior
Officer designated by the President, may award a Contract, as the President
and the designated Senior Officer deems appropriate, without competitive
procedures or following less than the full complement of competitive
procedures which would otherwise be required. Circumstances requiring
such immediate action must be significant, such as those affecting property
of the Agency(s), life, health or safety. Emergencies should only arise out
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of accident or other unforeseen occurrence. The circumstances under which
such Contract was entered into shall be set forth and maintained in the
Procurement Record. Such record should, among other things, address
whether such circumstances should have been foreseen. Consideration
should always be given to whether a Contract entered into on an emergency
basis can be supplanted by a subsequent Contract entered into through a
competitive process. If the Emergency Contract is exceeds $100,000 in
amount or one year in duration, the Contract must be taken to the next
Agency Governance Meeting or Board Meeting for approval. The
emergency nature of the Contract must be shown in the Quarterly
Procurement Report covering the period in which the Contract was
executed.
v. Sole Source Contract. Sole Source Contracts may be awarded without
competitive procedures as a result of a determination by the Agency,
approved in writing by the President and a Senior Officer designated by the
President. For purposes of determining whether a Contract is a Sole Source
Contract, the Agency shall identify if there is only one source for a
particular service or good, such that competitive procedures are rendered
futile.
vi. Single Source Contract. Single Source Contracts may be awarded without
competitive procedures as a result of a determination by the Agency,
approved in writing by the President and a Senior Officer designated by the
President. Competitive procedures may be considered futile for purposes
of determining whether a Contract is a Single Source Contract, if, among
other things, the submission of bids or proposals by other Contractors or
Vendors would not afford them a meaningful likelihood of selection. Any
time the Agency considers it appropriate, the Agency may conclusively
reach such a determination by relying upon the determination of the State
or an Affiliated Agency that a Vendor is uniquely qualified, if the Agency
seeks to enter into a Contract or contract with those Vendors for such
services upon comparable terms.
vii. Inconsistent Industry Selection Process with Competitive Price Assurance.
Where practice in an industry does not normally involve competitive
submission of proposals and where it is determined that it would be cost-
effective to award such Contract or otherwise select from among possible
Vendors in some other manner, provided steps are taken to assure that the
cost is comparable to that generally charged for similar goods or services,
and that the Procurement Record contains written evidence of these steps, a
Contract may be awarded without competitive process.
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viii. Competitive Proposal Exception for Contracts Not Expected to Exceed
$5,000. In the case of Contracts not expected to exceed $5,000, if it is
determined that soliciting at least three Vendors is not appropriate, such
Contract may be awarded without soliciting competitive proposals, if a clear
scope of goods or services is utilized and due consideration is given to the
market value of such goods or services.
ix. Option to Waive Competition for Certain Kinds of Contracts.
Notwithstanding any other provision of law requiring competition, the
competitive process may be waived to include Contracts for the purchase of
goods or services from Small Businesses or certified MWBEs, or goods or
technology that are recycled or remanufactured, in amounts at or below
$200,000.
ARTICLE V
5. STANDARDS AND PRACTICES FOR COMPETITIVE SELECTION OF
CONTRACTORS.
It is the policy of the Agencies to seek out the maximum practicable number of qualified
Vendors interested in offering their goods or services to the Agencies and to establish
certain minimum standards for their selection. The following standards shall apply:
a. Advertisement Requirements for Competitive Source Selection Methods. The
solicitation of bids, proposals, offers or submissions of qualification data from
Vendors with respect to Contracts shall be made by the Agencies in a manner
determined by the President, or a Senior Officer designated by the President, to be
the most cost effective for providing reasonable competition for the Agencies'
Contracts. This may include advertisement in appropriate newspapers or trade
journals, direct mailings to firms considered qualified and such other outreach
mechanisms as are consistent with the policy of these Guidelines, including
outreach efforts to MWBEs in accordance with the provisions of Article VI herein
and the Agencies’ MWBE Goal Plan (“MWBE Goal Plan”), and including
providing information with respect thereto via the Agencies’ website. In addition,
in the case of Procurement Contracts in the actual or estimated amount of $50,000
or more, and in the establishment of pre-qualified panels, as of January 1, 1990, the
Agencies shall advertise all such opportunities in the "New York State Contract
Reporter" or "Reporter," the official weekly listing of bidding opportunities for the
State published by the New York State Department of Economic Development, and
any other publication as required by State law, unless the Contract is determined to
be a Critical Contract. Already advertised Contract opportunities being re-bid or
re-solicited within 45 business days after proposals were originally due, pursuant
to publication in the "Reporter," are not required to be published again. Contracts
determined to be Single Source Contracts need not be advertised in the "Reporter,"
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but in many instances such advertising should be done to assist in the determination
that a Contract is a Single Source Contract.
b. Minimum of Three Prospective Vendors for Competitively Bid Procurement
Contracts. For all Procurement Contracts required to be selected on a competitive
basis, the Agency shall solicit statements of qualifications, proposals and, as
appropriate, price bids from at least three prospective Vendors. In the case of
Contracts not expected to exceed $5,000, the Agency shall solicit prices, statements
of qualifications and proposals from at least three prospective Vendors unless the
Agency affirmatively determines it is not appropriate. The Agency shall include at
least one MWBE, if feasible, in all Procurement processes for contracts not
expected to exceed $25,000.
c. Requirements for Agency Bid Documents. Except for Procurement Contracts for
which the Agency(s) would be expending funds received from another state, the
Agencies shall include in all bid documents provided to potential bidders a
statement that information concerning the availability of State subcontractors and
suppliers is available from the State Department of Economic Development, which
shall include the directory of certified MWBEs, and an affirmative statement that
it is the policy of the Agencies to encourage the use of State subcontractors and
suppliers, and to promote the participation of MWBEs, where possible, in the
Procurement of goods and services. Additional requirements for Agency Bid
Documents relating to the Agencies policies to promote the participation of New
York State Business Enterprises is more fully described in Article VIII.8.a. of these
Guidelines.
The Agencies shall also require that solicitation documents set forth the expected
degree of MWBE participation based, in part, on (1) the potential subcontract
opportunities available in the prime Procurement Contract; and (2) the availability
of MWBEs to respond competitively to the potential subcontract opportunities.
i. Required Bid Notices to Professional and other Organizations serving
MWBEs. In an effort to award Procurement Contracts to MWBEs in
compliance with the Agencies’ MWBE Procurement goals, as set forth in
the Agencies’ MWBE Goal Plan, the Agencies shall provide notice of
Governmental Procurements, along with any other notice required by law,
to professional and other organizations serving MWBEs that provide the
types of services procured by the Agencies. Professional and other
organizations can include, but is not limited to, social networking websites,
magazines, and/or newspapers catering to a majority of MBE and/or WBE
clientele. For the purposes of these Procurement efforts and for other
Agency Procurement efforts, the Agencies shall establish procedures for
maintaining list(s) of qualified MWBEs. In addition, the Agencies shall
establish procedures for maintaining lists to include media outlets and other
organizations serving MWBEs. The Agencies will provide such list(s) to
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Contractors in the Procurement process, requiring that potential Contractors
shall consult and contact appropriate MWBEs to solicit their bids, in
accordance with Article VI of these Guidelines.
ii. Lobbying Law Directives. All Agency solicitations for proposals, bid
documents and specifications for Procurement Contracts shall incorporate
a summary of the Agencies’ policies and prohibitions regarding Contacts
under the Lobbying Law, pursuant to the Lobbying Law Directives as
described in Article VII of these Guidelines and in the Agencies’ Lobbying
Reform Law Policies.
iii. Promoted Contracts. All Agency solicitations shall follow the directives for
the participation of promoted Contracts, as is more fully described in Article
VIII of these Guidelines.
d. Criteria for Selection. Procurement Contracts shall be entered into based on an
evaluation of all proposals or bids received, considering all relevant factors,
including, but not limited to terms, costs, goods or services offered, experience and
capabilities, financial security, reputation in the field, staff availability, personnel
expected to be involved and possible conflicts of interest. Where a Senior Officer
determines that there is a suitably neutral and reliable publisher or publicly
available industry ratings or evaluations of products or firm qualifications, such
ratings or evaluations may be allowed to substitute, in whole or in part, as
determined to be appropriate, for required submission of qualifications where it is
determined that requiring independent submission of such from Vendors would be
duplicative. The criterion for selection are not intended to supersede the fact that
the Agencies have certain promoted Contracts and certain prohibited Contracts and
Contracts subject to limitations, as set forth in Article VIII of these Guidelines.
e. Compliance with Additional Procedures for Requests for Proposals and Requests
for Qualifications. The Agencies shall also comply with any additional procedures
issued by it, from time to time, with respect to the conduct of Requests For
Proposals and Requests For Qualifications.
ARTICLE VI.
6. MWBE PROGRAM ESTABLISHING PROCEDURES FOR MWBE PARTICIPATION
AND UTILIZATION IN AGENCY PROCUREMENTS
The requirements of the Agencies’ MWBE Program, in accordance with the provisions of
§2879 of the Public Authorities Law, Article 15-A, and the directives of the Governor, and
as set forth in this Article, shall be referred to as the Agencies’ MWBE Directives. The
Agencies shall work to increase MWBE participation and utilization through certain
Procurement procedures, as described in the Agencies’ consolidated Annual MWBE Goal
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Plan and these Guidelines, and incorporated in the Agencies’ MWBE Program. These
procedures shall include (i) the appointment of a Designated MWBE Officer(s) by the
President to oversee the Agencies’ MWBE Program, as described more fully in Article XI
of these Guidelines, (ii) the establishment of appropriate goals for participation by MWBEs
in Procurement Contracts awarded by the Agencies and (iii) the utilization of MWBEs as
subcontractors and suppliers by Contractors having Procurement Contracts with the
Agencies.
The Agencies have established numerical participation target goals identified in their
MWBE Goal Plan based on the findings of the Disparity Study and directives from the
Governor. For each new Contract, the Agencies shall gauge the appropriateness of the
Procurement goals by considering the availability of Contractors to perform the Contract’s
anticipated scope of services, weighted by the extent those scope of services represent the
total Contract price.
In the event the projected goals cannot be achieved, the Agencies will provide adequate
documentation of a good faith effort to meet these goals in its submission of its Annual
MWBE Goal Plan.
The Agencies, for the purposes of reaching these goals, shall establish procedures for
maintaining list(s) of qualified and certified MWBEs, that have expressed an interest in
doing business with the Agencies, and ensuring that such lists are updated periodically, but
no less than once annually, and include a firm profile that will, if possible, describe the
firm’s history, key personnel and core work areas. The Agencies shall also consult the
list(s) of certified MWBEs maintained by the Department of Economic Development,
pursuant to Article 15-A.
The Agencies shall update these MWBE participation goals annually in an effort to (1)
obtain the maximum feasible participation of MWBEs in Agency Contracts, (2) evaluate
each Contract to determine the appropriateness of the goal, and (3) examine Agency goals
to determine if their implementation will duplicate or conflict with any federal law. The
Agencies shall waive the applicability of these goals to the extent of such duplication or
conflict. These MWBE goals are subject to change by industry and region pursuant to
findings contained within the Disparity Study of 2010, future Disparity Studies by the
ESDC and Agency findings evidencing relevant industry and region-specific availability
of certified MWBEs
b. Requirements to Conduct Procurements to Ensure Maximum Participation and
Utilization by MWBEs. To enable the Agencies to achieve the maximum feasible
portion of the Agencies’ goals established in their MWBE Goal Plan, that
eliminates barriers to participation by MWBEs in the Agencies’ Procurements,
Agency MWBE Directives shall include:
i. Measures and Procedures. The Agency shall establish measures and
procedures to: (a) ensure that certified MWBEs shall be given the
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opportunity for maximum feasible participation in the performance of
Agency Contracts; and (b) to assist in the Agencies’ identification of those
Agency Contracts for which certified MWBEs may best bid to actively and
affirmatively promote and assist their participation in the performance of
Agency Contracts so as to facilitate the Agencies’ achievement of the
maximum feasible portion of the goals for Agency Contracts to such
businesses. The Agencies’ measures and procedures shall include the
following MWBE Directives:
(1) For competitive Procurements requiring a minimum of three bids,
quotes must be obtained from at least one MBE or WBE. If not
feasible, the reasons for not doing so shall be documented in writing
and included in the Procurement record. Agency staff issuing
solicitations will comply with this requirement whenever MWBEs
are available for goods or services being procured;
(2) Encouraging Contractors to consider partnering with MWBEs, if
feasible; and practicable; and
(3) For non-competitive Procurements, Agency staff issuing the
solicitation shall strongly consider using a certified MWBE, if
available, and if the MWBE meets the needs of the Agency.
ii. Designation of the Division of Minority and Women-Owned Business
Development (“Division of MWBEs”). The Agencies shall designate the
Division of MWBEs to certify and decertify MWBEs for the Agencies.
iii. Expected Degree of MWBE Participation. The Agencies shall require that
each Contract solicitation set forth the expected degree of MWBE
participation, as set forth in Article VI of these Guidelines.:
iv. Current List of MWBEs. The Agencies shall provide a current list of
certified MWBEs to each prospective Contractor, as set forth in Article VI
of these Guidelines.
v. Joint Ventures and MWBE Participation Goals. The MBE portion or the
WBE portion of joint ventures shall count toward meeting the Agencies’
MWBE participation goals. A firm owned by a Minority Group Member
who is also a woman may be certified as a MBE, a WBE, or both, and may
be counted towards either a MBE goal or a WBE goal, in regard to any
Contract or any goal, set by the Agencies, but such participation may not be
counted towards both such goals. Such an enterprise's participation in a
Contract may not be divided between the MBE goal and the WBE goal.
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vi. Waiver of Obligations of Contractor relating to MWBE Participation. The
Agencies may waive obligations of the Contractor relating to MWBE
participation after a showing of good faith effort to comply with the MWBE
participation requirements, pursuant Chapter 174 and Chapter 175 of the
laws of 2010 that amend §2879 of the Public Authorities Law and Article
15-A, §313, subdivision six, respectively, both enacted on July 15, 2010.
vii. Verification of MWBE Participation. The Agencies shall verify that
MWBEs listed in a successful bid are actually participating to the extent
listed in the project for which the bid was submitted, including verification
that the procured primary Contractors are truly providing for the
participation of MWBEs as described in the Procurement Contract.
Participation of MWBEs shall be verified by (i) electronically monitoring
and tracking the utilization, prompt payment and unauthorized substitutions
of MWBE subcontractors and (ii) the provision of the following data, by
the Contractor to the Agency, for each MWBE subcontract:
(1) name(s) of the MWBE subcontractor;
(2) total dollar amount of the MWBE’s participation;
(3) scope of work of the MWBE subcontractor; and
(4) dates of participation.
viii. In the implementation of this section of this Article, the Agencies shall:
(1). consider, where practicable, the severability of construction projects
and other bundled Contracts; however, unbundling must be
conducted within the constraints of the Agencies’ need to ensure
efficiency and limit costs;
(2) implement its MWBE Program to enable the Agencies to evaluate
each Contract to determine the appropriateness of the goal, as set
forth in this Article, which shall include:
(a) increasing MWBE outreach and communication efforts by
use of the internet to facilitate access to information and
build relationships between MWBEs and potential partners
by:
(i) Posting a list on the Agencies’ website of Agency
contracting staff; and
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(ii) Requiring Agency staff to include certified MWBEs
in the solicitation lists for Procurements not expected
to exceed $25,000;
(b) consider the number and types of MWBEs located in the
region in which the Agency Contract is to be performed;
(c) consider the total dollar value of the Agency Contract, the
scope of work to be performed, and the project size and term;
(d) consider whether the Contractor has advertised in general
circulation media, trade association publications, and
minority-focus and women-focus media and, in such event,
(i) whether or not certified MWBEs that have been
solicited by the Contractor exhibited interest in
submitting proposals for a particular project by
attending a pre-bid conference; and
(ii) whether certified MWBEs which have been solicited
by the Contractor have responded in a timely fashion
to the Contractor's solicitations for timely
competitive bid quotations prior to the Agency’s bid
date;
(e) consider whether there has been written notification to
appropriate certified MWBEs that appear in the directory of
certified MWBEs, and
(f) consider whether the Contractor can reasonably structure the
amount of work to be performed under subcontracts in order
to increase the likelihood of participation by certified
MWBEs.
3. consider compliance with the requirements of any federal law
concerning opportunities for MWBEs which effectuates the purpose
of this Article; and
4. consult the most recent disparity study, pursuant to Article 15-A.
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ARTICLE VII
7. REQUIRED DESIGNATIONS AND DISCLOSURES UNDER LOBBYING LAW
DIRECTIVES IN THE SELECTION OF PROCUREMENT VENDORS AND
CONTRACTORS.
Contacts shall be regulated in accordance with Lobbying Law Directives as follows:
For any Governmental Procurement or Contract made subject to the Lobbing Law, the
Agency shall notify every potential Contractor or Vendor that the Agency has a Designated
Contact Officer(s) who is the only Agency representative(s) permitted to receive
Designated Contacts from the Contractors or Vendors, or their representatives, during the
Restricted Period with respect to such Governmental Procurement (effective June 10, 2010,
the Agencies have designated, the Vice President and Deputy Counsel or when
appropriate, an Agency Senior Officer with technical knowledge of the Governmental
Procurement, as the Designated Contact Officer(s) for all Governmental Procurement for
which such appointment is required). A Contractor or Vendor is restricted from making
Contacts with the Agency(s) from the date of any public announcement, public notice, or
public communication by any Agency to any potential Vendor of a determination of a need
for a Governmental Procurement through final award and approval of the Procurement
Contract by the Agency to anyone other than the Designated Contact Officer(s) with
respect to the Governmental Procurement unless such communication is any one of the
following Permissible Subject Matter Communications:
(a) the submission of written proposals in response to a Request for Proposals,
invitation for bids or any other method for soliciting a response from Offerers
intending to result in a Procurement Contract;
(b) the submission of written questions by a method set forth in a RFP, or invitation
for bids, or any other method for soliciting a response from Offerers intending to
result in a Procurement Contract, when all written questions and responses are to
be disseminated to all Offerers who have expressed an interest in the RFP, or
invitation for bids, or any other method for soliciting a response from Offerers
intending to result in a Procurement Contract;
(c) participation in a demonstration, conference or other means for exchange of
information in a setting open to all potential bidders provided for in a RFP,
invitation for bids, or any other method for soliciting a response from Offerers
intending to result in a Procurement Contract;
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(d) complaints by an Offerer regarding the failure of the person or persons designated
by the Agency pursuant to this section to respond in a timely manner to authorized
Offerer Contacts, made in writing to the office of general counsel of the Agency,
provided that any such written complaints shall become a part of the Procurement
Record;
(e) Offerers who have been tentatively awarded a Contract and are engaged in
communications with the Agency solely for the purpose of negotiating the terms of
the Procurement Contract after being notified of tentative award;
(f) communications between designated staff of the Agency and an Offerer to request
the review of a Procurement Contract award;
(g) communications by Offerers in protests, appeals or other review proceedings
(including the apparent successful bidder and his or her representatives) before the
Agency conducting the Governmental Procurement seeking a final administrative
determination, or in a subsequent judicial proceeding; or
(h) communications between Offerers and governmental entities that solely address the
determination of responsibility entity of an Offerer.
Unless the communication(s) is any one of the above Permissible Subject Matter
Communications, the Vice President and Deputy Counsel or the designated Senior Officer
are the only representative(s) of the Agencies permitted to receive Contacts from bidders,
potential Contractors or Vendors, or their representatives, during the Restricted Period with
respect to an Agency Governmental Procurement.
All Agency solicitations for proposals, bid documents and specifications for Procurement
Contracts shall incorporate a summary of the Agencies’ policies and prohibitions regarding
Contacts under the Lobbying Law. All potential Contractors or Vendors must complete
and return to the Agency with their proposal or bid response to an Agency solicitation, the
Affirmation of Understanding of and Agreement, and Potential Contractor or Vendor
Disclosure of Prior Non-Responsibility Determinations, Lobbying Law Forms 1 and 2,
respectively. Form 1 is a written affirmation of a Contractor’s or Vendor’s understanding
of the Governmental Procurement lobbying procedures of the Agencies and Form 2
requires the potential Contractor or Vendor to certify that all information provided to the
Agencies with respect to the Lobbying Law is complete, true and accurate. Prior to
awarding a Procurement Contract to which these provisions apply, the Agency shall make
a final Determination of Responsibility. All solicitations for proposals by the Agency shall
require that potential Contractors or Vendors disclose to the Agency any findings of non-
responsibility against them within the previous four years by any other governmental
agency and must contain certifications that the same are complete, true and accurate.
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For Contractors or Vendors who fail to comply with the Agencies’ Lobbying Law
Directives, refer to Article VIII of these Guidelines and the Agencies’ Lobbying Reform
Law Policies.
ARTICLE VIII
8. PROMOTED AND PROHIBITED CONTRACTS & CONTRACTS SUBJECT TO
OTHER LIMITATIONS
Notwithstanding the general practices of the Agencies with respect to selection of
Contractors and Vendors and adherence to competitive practices, as set forth in in these
Guidelines, the following shall apply or be given weight in order that certain Contracts, or
the award thereof, may be promoted, prohibited or subject to certain limitations.
a. Promoted Contracts. It is the policy of the Agency to promote certain contracts as
follows:
i. Minority- and Women-Owned Business Enterprises. It is the policy of the
Agencies to promote and encourage the use of MWBEs and New York State
subcontractors and suppliers in competition for Procurement Contracts.
Furthermore, for Procurements anticipated to be in the amount of $25,000
or less, if the performance of any Contract requires or permits the use of a
subcontractor, it is preference of the Agencies to encourage the participation
of MWBEs, as set forth in these Guidelines. The Agencies encourage
bidders to include demonstrations that their selection promotes the use of
MWBEs in bid responses, for example, through proposals for joint ventures
with MWBEs. Procurements exceeding $25,000 must include MWBE
participation goals in solicitation documents.
In order to promote and assist participation by, and facilitate the awarding
of a fair share of Contracts to, MWBEs, the Agencies have identified the
following services as those areas or types of Contracts for which MWBEs
may best bid: Archival Off-Site Services; Audit/Accounting Services:
Appraisal Services; Architectural/Engineering Services; Equipment
Maintenance Services; Information Technology Consulting/Services;
Investment Banking Services; Legal Services; Management Consulting
Services; and Printing Services; and Temporary Employee Services.
ii. New York State Business Enterprises and New York State Residents. It is
the goal of the Agencies to promote the participation of New York State
Business Enterprises and New York State residents in Procurement
Contracts. Accordingly, the following procedure shall apply:
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(1) The Agencies shall collect and consult the specifications of
NYSBEs in developing specifications for any Procurement Contract
for the purchase of goods where possible, practicable, feasible and
consistent with open bidding, except for Procurement Contracts for
which the Agency would be expending funds received from another
state. The Agencies shall, where feasible, make use of the stock
item specification forms prepared by the State Commissioner of
General Services, and where necessary, consult with the State
Commissioner of the Office of General Services, in developing such
specifications and make such determinations;
(2) The Agencies shall, with the cooperation of the Department of
Economic Development and through cooperative efforts with
Contractors and Vendors, (i) notify NYSBEs of opportunities to
participate as subcontractors and suppliers on Agency Procurement
Contracts in amounts estimated to be equal to or greater than
$1,000,000 and (ii) promulgate procedures which will assure
compliance by Contractors and Vendors with such notification.
Once awarded the Contract, such Contractors shall document their
efforts to encourage the participation of NYSBEs as suppliers and
subcontractors on Procurement Contracts equal to or greater than
$1,000,000, pursuant to §2879 of the Public Authorities Law;
(3) The Agencies shall, with the cooperation of the Community
Services Division of the Department of Labor and through
cooperative efforts with Contractors and Vendors, notify New York
State residents of employment opportunities arising out of
Procurement Contracts let by the Agencies in an amount estimated
to be equal to or greater than $1,000,000. Contractors shall, as
supplementary materials to their bids, document their efforts to
provide such notification.
(4) The Agency shall include in all bid documents, (i) a statement
notifying potential bidders located in foreign countries that the
Agency may assign or otherwise transfer offset credits created by
the Procurement Contract to third parties located in New York State
and (ii) a provision for the assignment or other form of transfer of
offset credits created by such Procurement Contracts, directly or
indirectly, to third parties located in the State. Such assignment or
other form of transfer shall be in accordance with the written
directions of the Commissioner of Economic Development. The
Agency shall cooperate with the Department of Economic
Development in efforts to get foreign countries to recognize offset
credits assigned or transferred to third parties located in New York
State created by the Agency’s Procurement Contracts.
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iii. Businesses with Anti-discriminatory Employment Practices. It is the
Agencies’ policy to have procedures in place that will ensure, to the extent
of the Agencies’ ability, that Contractors and Vendors comply with the
federal Equal Employment Opportunity Act of 1972, as amended.
For any Contractor or Vendor with fifteen or more employees responding
to an RFP, RFQ, IFB or other type of invitation for bids, included with such
response must be a statement disclosing whether the Contractor or Vendor
is currently operating under or negotiating, or has at some time in the last
five years operated under or negotiated, a conciliation agreement with the
Equal Employment Opportunity Commission (“EEOC”); has been, at some
time in the last five years, or is currently the subject of a civil action brought
against it by the EEOC; has been, at some time in the last five years, or is
currently the subject of an action brought against it by the EEOC for
permanent, temporary or preliminary relief; has operated, at some time in
the last five years, or is currently operating under an order of a court to take
affirmative action as a result of a civil action brought against it by EEOC.
The Agencies shall state in each Contract entered into with a Contractor or
Vendor with fifteen or more employees, that it is an unlawful employment
practice for such Contractor or Vendor to fail or refuse to hire or to
discharge any individual, or otherwise to discriminate against any
individual with respect to the individual’s compensation, terms, conditions,
or privileges of employment, or to limit, segregate, or classify employees or
applicants for employment in any way which would deprive or tend to
deprive any individual of employment opportunities or otherwise adversely
affect an individual’s status as an employee, because of such individual’s
race, color, religion, sex, or national origin, or because an individual
opposed any practice made unlawful by Title VII of the Civil Rights Act of
1964, as amended, or because he or she made a charge, testified, assisted,
or participated in any manner in an investigation, proceeding, or hearing
under that Title; and that it shall be an unlawful employment practice to
print or publish or cause to be printed or published any notice or
advertisement relating to employment indicating any preference, limitation,
specification, or discrimination on the basis of race, color, religion, sex, or
national origin.
The Agencies shall state in each Contract entered into with a Contractor or
Vendor with fifteen or more employees, that such Contractor or Vendor
shall (1) make and keep such records relevant to the determinations of
whether unlawful employment practices have been or are being committed,
(2) preserve such records for such periods as the EEOC shall prescribe by
regulation, and (3) make such reports therefrom as the EEOC shall prescribe
by regulation or order.
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The Agencies shall state in each Contract entered into with a Contractor or
Vendor with fifteen or more employees, that such Contractor or Vendor
must post and keep posted in conspicuous places upon its premises where
notices to employees and applicants for employment are customarily posted
a notice prepared or approved by the EEOC setting forth excerpts from, or
summaries of, pertinent provisions of Title VII of the Civil Rights Act of
1964, as amended, and information pertinent to the filing of a complaint.
The Agencies’ goal is to award Contracts to those Contractors and Vendors
who have evidenced compliance with the laws of the State prohibiting
discrimination in employment. The Agencies recognize that this goal may
be achieved by awarding Procurement Contracts to those firms who have
demonstrated that they do not discriminate with respect to employment.
For all Personal Services Contracts over $25,000, and for all Contracts for
goods and materials over $100,000, bidders shall submit to the Agencies
data regarding the race and gender of their partners, members and
employees by job category. Bidders whose Affirmative Action plans are
not found acceptable to the Agencies shall be rejected.
b. Prohibited Contracts and Contracts Permitted Subject to Specified Exceptions or
Limitations. It is the policy of the Agencies that certain Contracts be prohibited or
permitted only subject to certain exceptions or limitations as follows.
i. Special Criteria Rule for Evaluation of Architects, Engineers and
Surveyors. For purposes of this subparagraph, the term “Professional Firm”
shall be defined as any individual or sole proprietorship, partnership,
corporation, association, or other legal entity permitted by law to practice
the professions of architecture, engineering, or surveying. The Agency
shall not refuse to negotiate with a Professional Firm solely because the
ratio of the “allowable indirect costs” to direct labor costs or the hourly rate
in any labor category of the Professional Firm exceeds a limitation generally
set by the Agency in the determination of the reasonableness of the
estimated cost of services to be rendered by the Professional Firm, but rather
the Agency should also consider the reasonableness of cost based on the
total estimated cost of the service of the Professional Firm which should
include, among other things, all the direct labor costs of the Professional
Firm for such services plus all “allowable indirect costs,” other direct costs,
and negotiated profit of the Professional Firm. For purposes of this
subparagraph, "allowable indirect costs" of a Professional Firm are defined
as those costs generally associated with overhead which cannot be
specifically identified with a single project or Contract and are considered
reasonable and allowable under specific Contract or allowability limits.
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ii. Contracts with Businesses with Operations in Northern Ireland. In
accordance with the MacBride Fair Employment Principles (Chapter 807 of
the Laws of 1992), the Agencies shall not enter into Procurement Contracts
with Vendors who have operations in Northern Ireland unless the Agencies
receive contractual assurance that the Contractor shall take lawful steps in
good faith to conduct any business operations in Northern Ireland in
accordance with the MacBride Fair Employment Principles (as described in
§165 of the New York State Finance Law), and agrees to permit
independent monitoring of its compliance with such principles.
iii. Contracts with Foreign Business Enterprise. The Agencies shall notify the
New York State Commissioner of Economic Development
(“Commissioner”) of the award of a Procurement Contract for the purchase
of goods from a Foreign Business Enterprise in an amount equal to or
greater than $1,000,000, simultaneously with notifying the successful
bidder therefor. The Agencies shall not thereafter enter into a Procurement
Contract for said goods until at least 15 days have elapsed, except for
Procurement Contracts awarded as Emergency Selection Contracts or
where the Commissioner waives the provisions of this section. The
notification to the Commissioner shall include the name, address and
telephone and facsimile numbers of the Foreign Business Enterprise, a brief
description of the goods or services to be obtained pursuant to the proposed
Procurement Contract, the amount of the proposed Procurement Contract,
the term of the proposed Procurement Contract, and the name of the
individual at the Foreign Business Enterprise or acting on behalf of the same
who is principally responsible for the proposed Procurement Contract. (The
purpose of such notification is solely to allow the Commissioner to use the
information to provide notification to NYSBEs of opportunities to
participate as subcontractors and suppliers on such Procurement
Contracts; to promote and encourage the location and development of new
business in the State; to assist NYSBEs in obtaining offset credits from
foreign countries; and to otherwise investigate, study and undertake means
of promoting and encouraging the prosperous development and protection
of the legitimate interest and welfare of NYSBEs, industry and commerce.)
iv. Contracts with Discriminatory Jurisdiction Business Enterprises. The
Agencies shall not, except as hereinafter provided, solicit bids from, or enter
into a Procurement Contract with, a Foreign Business Enterprise which has
its principal place of business in a jurisdiction that discriminates against
New York businesses, as contained on the list prepared by the
Commissioner pursuant to §165(6)(b) of the State Finance Law. (Currently,
as of the date of these revisions of these Guidelines, the states of Alaska,
Hawaii, Louisiana, South Carolina, West Virginia and Wyoming have
discriminatory policies against New York State bidders.) The Agencies
may waive this section only when the President, or a Senior Officer
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designated by the President, determines in writing that it is in the best
interest of the State to do so.
v. Vendors Failing to Comply with Lobbying Law Directives. The Agencies
shall not enter into Contracts with Contractors or Vendors when:
(1) proposed Vendor or Contractor has failed to timely disclose accurate
and complete information or otherwise cooperate with the Agencies
in administering the Lobbying Law Directives; or
(2) there has been a finding that an Offerer has knowingly and willfully
violated the provisions set forth in Article VII . of these Guidelines
and the Agencies’ Lobbying Reform Law Policies. This finding
shall also result in a determination of non-responsibility against the
Offerer. (Violations of the Lobbying Law are expected to typically
involve Contacts made to persons at the Agencies other than the
Designated Contact Officer(s)).
The Agencies shall not enter into Contracts in the case of either (1) or (2)
of this subparagraph (v), section (b) of this Article, unless the Agencies
determine that the award of the Procurement Contract:
(a) is necessary to protect public property or public health or safety, and
(b) that the Contractor or Vendor is the only source capable of supplying
the required goods or services within the necessary time frame.
In order for the Agency determinations in (1) and (2) (a) and (b) above to
be effective as exceptions, the above required findings, including a
statement describing the basis of such determination by the Agency must be
made a part of the Procurement Record.
Any subsequent determination of non-responsibility due to violations of the
requirements of the Lobbying Law, if such determination is separated by
less than four years, shall result in the proposed Vendor or Contractor being
rendered ineligible to submit a proposal on or be awarded any Procurement
Contract for a period of four years from the date of the second final
determination of non-responsibility.
vi. Contracts with Former Agency Officers and Employees. The Agencies
shall not enter into Contracts which contemplate, violate or affirmatively,
by their terms, allow former Officers and Employees of the Agencies to
violate §73 (8) (a) of the State Ethics Law. Specifically, and not by way of
limitation, (except for employment contracts pursuant to which former
Employees resume employee status to again work directly for the
Agencies), the Agencies shall not enter into Contracts which provide for or
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permit a former Officer or Employee of the Agencies, either as an individual
contracting directly with the Agencies or as an officer or employee of a
private business entity, to appear, practice, communicate or otherwise
render services before the Agencies or receive compensation for any such
services rendered by such former Officer or Employee on behalf of any
person, firm, corporation or other entity in relation to any case, proceeding,
application or transaction:
(1) with respect to which such Officer or Employee was directly
concerned and in which he or she personally participated during the
period of his or her service or employment, or which was under his
or her active consideration or over which that Employee or Officer
exercised decision-making power during the performance of his or
her official duties at the Agencies, or
(2) in connection with any matter before the Agencies or its business
for a period of two years after termination of such service or
employment.
If the President deems it appropriate, the preceding prohibitions may be
temporarily waived provided that, prior thereto, the State Ethics
Commission grants an exception in accordance with the requirements of
Chapter 523 of the Laws of 2004, or, for employees who left Agency
employment before December 31, 1996 and otherwise qualify, a waiver has
been granted pursuant to the provisions of Chapter 229 of the Laws of 1995.
Notwithstanding the foregoing, the preceding prohibitions shall not apply
when a former Officer or Employee carries out official duties as an elected
official or employee of a federal, state or local government, or any agency
of such government. Thus, a former Employee may appear, practice,
communicate or render compensated services before the Agencies if he or
she is acting as an elected official or employee of a federal, state or local
government or one of its agencies. This exception applies only to
government officials and employees; it does not apply to paid consultants
of government entities.
In addition, in determining whether or not to enter into Contracts with
respect to which any former Officer or Employee of the Agency plays a
role, and with respect to the ethical administration thereof, the Agencies
shall give due consideration to whether the execution or administration of
the Contract raises an appearance of impropriety.
The Agencies shall, as it deems appropriate, include provisions in its
Contracts to effect the purposes of this section.
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ARTICLE IX
9. GENERAL CONTRACT PROVISIONS AND CONTINUING EVALUATION OF
PROCUREMENT CONTRACTS IN EFFECT FOR LIMITED TERMS.
a. General Contract Provisions. The Agencies shall include general Contract
provisions in its Procurement Contracts, as follows:
i. In Writing and Duly Executed. All Procurement Contracts shall be in
writing and shall, at a minimum, be duly executed by an individual
empowered to do so in accordance with the Agency By-Laws and, as the
case may be, the provision for delegation of signing authority thereunder.
ii. Scope and Description. Procurement Contracts shall specifically provide
for a scope of services indicating the nature of the work to be performed or
goods to be provided, and for the time for performance, the monitoring or
reviewing of that performance by personnel of the Agencies, any conditions
generally applicable to Contracts with the Agency(s), any applicable
provisions for insurance, and, where appropriate, any permitted use of
supplies, facilities or personnel of the Agencies.
iii. Compensation and Payment Terms. Such Procurement Contracts shall also
state the compensation for the goods or services, and the terms of payment
including the conditions for receiving payment from the Agencies.
iv. Non-collusion. Formal Contracts shall, whenever appropriate, include
Contractor Certifications that:
(1) The prices in the bid(s) or proposal(s) were arrived at independently,
without collusion, consultation, communication, or agreement for
the purpose of restricting competition, or as to any matter relating to
such prices with any other Contractor or with any competitor.
(2) Unless otherwise required by law, the prices which have been
quoted in the bid(s) or proposal(s) were not knowingly disclosed by
a Contractor prior to the opening of bid submissions, directly or
indirectly, to any other Contractor or to any competitor.
(3) No attempt was made or will be made by the Contractor to induce
any other person, partnership or corporation to submit or not submit
bid(s) or proposal(s) for the purpose of restricting competition.
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v. False or Inaccurate Lobbying Law Directives Certifications. Every
Governmental Procurement with an estimated annual expenditure over
$15,000 shall contain:
(1) certifications that the representations required by the Lobbying Law
Directives, if applicable, are complete, true and accurate, and
(2) a provision authorizing the Agency(s) to immediately terminate
such Contract in the event that any certification in accordance with
the provisions of the Lobbying Law Directives is found to be
intentionally false or intentionally inaccurate.
vi. Prohibitions and violations in Contracts. In accordance with § 316-a of
Article 15-A, Contracts shall include a provision expressly providing that
any Contractor who willfully and intentionally fails to comply with the
minority and women-owned participation requirements, as set forth in such
Contract shall be liable to the Agencies for liquidated or other appropriate
damages and shall provide for the appropriate remedies on account of such
breach. If the Agencies elect to proceed against a Contractor for breach of
Contract, the Agency shall be precluded from seeking enforcement pursuant
to §316 of Article 15-A, provided however, that the Agency shall include a
summary of all enforcement actions undertaken in its Annual MWBE Goal
Plan, in accordance with subdivision three of §315 of Article 15-A and
Article XII of these Guidelines.
b. Continuing Evaluation of Procurement Contracts in Effect for Limited Terms.
i. Limitation of Contract Terms. In order that the Agencies may enter into
new Procurement Contracts for the Procurement covered as soon as might
be desirable, Procurement Contracts should not commit the Agency(s) to
continue to use Contractors for longer than is desirable to achieve the
Contract objectives, such as obtaining the Contractor's commitment to
perform services at a reasonable price. Unless specifically permitted by a
resolution of the Agency's Members or Directors, Procurement Contracts
shall be for a term not exceeding one year and shall be terminable by the
Agency, at its option, without cause, within a period that is less than a year
into the future.
ii. Continuing Evaluation of Procurement Contracts and Panels. Every
Procurement Contract under which services are currently being performed
or goods or materials provided shall be continually evaluated by a
designated Officer or Employee. Such Officer or Employee shall review
and approve all bills to be paid and continually evaluate the Contractor's
performance. Such Officer or Employee shall continually give
consideration to whether the further use of the Contractor's services and
continuation of the Procurement Contract is desirable. Such consideration
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shall extend to making a determination, at least annually, of when it would
be most appropriate and effective to award the Procurement Contract again
through a new competitive selection process such as a new Request for
Proposals. A determination not to enter into a new competitive award
process immediately can be supported, in part, by verification that services
are still being provided at competitive rates, but such verification shall not
be determinative of whether a new competitive process should commence.
Part of the required annual review and recertification to the Agencies’
Procurement Contract Officer of Agency panels shall be a consideration of
whether it would be appropriate and effective to renew the competitive
selection process for Procurement Contracts with firms on the panels,
including, but not limited to, doing so through the issuance of a new Request
for Qualifications to reestablish the panel. Any determination not to enter
into a new competitive award process, as a result of which a Contract would
exceed a projected five years without a new competitive award process
being conducted, shall require the affirmative concurrence of each
Agency’s Governance Committee included in a resolution adopted by each
Agency’s Governance Committee, as required by Article X of these
Guidelines. Such affirmative concurrence shall not be required in relation
to Single Source Contracts, Sole Source Contracts, existing State Contracts
or existing GSA Contracts.
ARTICLE X
10. REQUIRED AGENCY APPROVALS
a. Directors' or Members' and/or Governance Committees’ Approval. All Contracts
where compensation is expected to be in an amount of $100,000 or more, as well
as any Contracts involving services to be provided in excess of one year, shall
require initial approval of the Directors or Members of each Agency’s Governance
Committee or the Agency’s Members or Directors. Unless specifically permitted
by a resolution of the Agency's Governance Committee or the Members or
Directors, Procurement Contracts shall be for a term not exceeding one year and
shall be terminable by the Agency(s), at its option, without cause, within a period
that is less than a year into the future. The President, or a Senior Officer designated
by the President, may submit other Contracts as he or she deems appropriate to the
Members or Directors for their consideration and approval.
b. Directors' or Members' and/or Governance Committees’ Annual Review. The
Directors and Members shall, at least annually, review any Contract lasting more
than a year, each January, as part of the approval of the Annual Report on
Procurement Contracts. The Governance Committees will annually review
Contracts bundled with similar like goods and/or services. Contracts considered as
lasting for more than a year for this purpose shall include Contracts where the
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Contract itself, by virtue of its stated terms, has a period of longer than a year, and
in addition, shall include Contracts where, by virtue of renewal or execution of new
or subsequent Contracts, without an intervening Contractor or Vendor Selection
Process, the Agency's contractual relationship with the Vendor or Contractor
continues for more than a year. Annual approval or review by each Agency’s
Governance Committee shall be as follows:
i. Provided that timely annual review for each Contract is effected, firms on
Agency panels can be brought for annual review:
(1) collectively, or in such combinations as are deemed
appropriate, on a single annual review anniversary, or
(2) individually based on the dates that Procurement Contracts
first required Member and/or Director approval.
ii. Any determination not to enter into a new competitive award process,
pursuant to which a Contract would exceed a projected five years without a
new competitive award process, shall require the affirmative concurrence
of each Agency’s Governance Committee included in a resolution adopted
by each Agency’s Governance Committee. Such affirmative concurrence
shall not be required in relation to Single Source Contracts, Sole Source
Contracts, existing State Contracts, or existing GSA Contracts. In any case,
any Contract in excess of a $100,000 in amount or more than one year in
duration must be initially approved by the Agency’s Governance
Committee and annually reviewed by the Agency’s Governance
Committee.
c. Execution of Procurement Contracts. All Procurement Contracts shall be executed
by the President, or a Senior Officer, as defined under the Agencies’ By-Laws or
by such Vice President to whom execution authority has been appropriately
delegated in writing by a Senior Officer.
d. Approval of Procurement Contracts by the Senior Vice President and Counsel. The
Senior Vice President and Counsel shall approve, as to legal compliance, all
Procurement Contracts. The consideration shall include the legal form and efficacy
of the Procurement Contract. The Agencies’ Legal Department may evidence such
approval by Counsel by:
i. Signing "Approved as to form" on any Formal Contract so approved;
ii. In connection with a closing managed by the Legal Department, approving
the closing and, as necessary, delivering accompanying opinions in
connection therewith; or
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iii. Making such arrangements as are acceptable to the Counsel to assure that
the form of Contract is legally acceptable and approved by Agency Counsel.
ARTICLE XI
11. ADMINISTRATION OF PROCUREMENT, RECORDS AND RESPONSIBILITIES OF
AGENCY OFFICERS AND EMPLOYEES
a. Procurement Record. A Procurement Record shall be maintained for each
Procurement requiring any Formal Contract and such other Procurement as the
Procurement Contract Officer deems appropriate, or as State law requires,
identifying, with supporting documentation, decisions made by the Agency during
the Procurement process. The Procurement Record shall include, but not be limited
to, documentation of: (1) the determination of the method of Procurement from
among the available methods permissible under these Guidelines (particularly, if
there is a determination of an Emergency Selection Contract, Sole Source Contract
or Single Source Contract); (2) the process to be used to determine best value, the
manner in which the selection of evaluation criteria and the evaluation process shall
be conducted, and the evaluation criteria, which, whenever possible, shall be
quantifiable; and (3) the basis of award and circumstances leading to the selection
of the Vendor, including the alternatives considered, the rationale for selecting the
specific Vendor and the basis upon which cost was determined reasonable. To the
extent practicable, the Agencies shall document all aspects of the solicitation
process in advance of the initial receipt of offers. Each amendment to an existing
Contract, and the justification for each, shall also be included in the Procurement
Record. Determinations of emergency with respect to Emergency Selection
Contracts and Emergency Foreign Business Enterprise Contracts shall be included
in the Procurement Record.
Annual certifications of panels should be made a part of the Procurement Record.
With respect to the Lobbying Law Directives, the Procurement Record shall include
complete information related to: (i) written certifications by the Contractors or
Vendors with respect to affirmations that the Contractor or Vendor understands the
Lobbying Law Directives and (that the Agency(s) has been informed in writing of
the Vendor's prior determinations of non-responsibility over the previous four
years, and that this information is complete, true and accurate; (ii) Determinations
of Responsibility by the Agency;; (iii) findings of non-responsibility, whether by
the Agency(s) or by other governmental entities; (iv) a record of all Contacts during
the Restricted Period, including the name of the person making the Contact, as well
as that person's organization, address, telephone number, place of principal
employment, occupation, and whether the person/organization making the Contact
was the Offerer or was retained, employed or designated by or on behalf of the
Offerer to appear before or communicate with the Agency; ;(v) if applicable, a
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statement regarding the basis for any required finding that the Agency may enter
into a Contract with a Contractor or Vendor who has previously been the subject of
any determinations of non-responsibility; and (vi) any determination to terminate a
Contract pursuant to the Lobbying Law Directives .
The Procurement Record is a place where the Agencies can clearly document, as
considered appropriate, the need for the Contract; required specifications; and the
ways in which a competitive field, fair and equal opportunity for Vendors, which
shall include, but not be limited to, certified MWBEs, and a fair and balanced
method of selection have been ensured.
The Procurement Record shall be maintained at least throughout the period the
Contract and any extensions thereof are in effect and for a reasonable period of time
thereafter.
b. Procurement Contract Officer. The Procurement Contract Officer's responsibilities
shall include keeping such portions of the Procurement Record as the Procurement
Contract Officer deems appropriate, monitoring compliance with proper
contracting procedures and adherence to these Guidelines.
Among the Procurement Contract Officer's responsibilities shall be the
determination of when certain portions of these Guidelines shall apply to a Contract
by virtue of Contract expenditures, in the aggregate, or sequential periods of time,
reaching applicable thresholds stated herein. In addition, for Contracts of less than
$500 per year, which are terminable at any time by the Agency(s) with less than 90
days notice, the Procurement Contract Officer may determine that such Contracts
shall be considered Contracts not exceeding one year for purposes of these
Guidelines.
The Procurement Contract Officer may provide guidance and counsel about proper
administration of the Procurement process and Contracts but shall not be a principal
directly responsible for administering any Agency Contract. The Procurement
Contract Officer should be available for counsel and guidance respecting the
Procurement selection process but should not be directly involved as an actual
selector of Vendors.
The Procurement Contract Officer shall encourage and promote good Procurement
practices, including but not limited to, proper and coordinated management of
Contracts, desirable Vendor selection practices, and informed and careful bill
approval procedures. Among other things, it is generally desirable that there be a
single individual designated to manage each Procurement Contract, including
renewals and amendments thereto, reporting thereon, and bill approvals, (and
excluding receipt of Designated Contacts), and that individuals managing different
Contracts in the same area or from the same Vendors coordinate their work.
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The Procurement Contract Officer shall, from time to time, issue such reports on
Procurement as shall be appropriate or required including the Procurement Reports
required under these Guidelines.
The Procurement Contract Officer shall notify the Office of General Services of all
Contractors who, with respect to the Lobbying Law, have been the subject of
determinations of non-responsibility by the Agency or who have been debarred.
The Procurement Contract Officer should periodically review and assess the
adequacy of these Guidelines and, as appropriate, recommend changes for
approval.
The Procurement Contract Officer may grant temporary technical exceptions to
these Guidelines for Contracts, other than Formal Contracts, provided that such
exceptions appear in the Procurement Contract Record, and that attorneys under the
supervision of the Senior Vice President and Counsel determine the exceptions
legally appropriate.
c. Designated Contact Officer(s). The Agencies have designated the Vice President
and Deputy Counsel, or when appropriate, an Agency Senior Officer with technical
knowledge of the Governmental Procurement, as the Designated Contact Officer(s)
for all Governmental Procurement for which such appointment is required. In
accordance with the provisions of the Lobbying Law Directives, the Designated
Contact Officer, for any given Governmental Procurement or Procurement
Contract, is intended to be, by virtue of his or her designation as such, the recipient
of any Designated Contacts with respect to the Governmental Procurement for
which he or she has been designated. The Designated Contact Officer shall have
ready access to, and shall refer to, as appropriate, the Contractors' and Vendors'
written affirmations of their understanding of the Agencies’ Governmental
Procurement lobbying procedures along with all disclosures Contractors or
Vendors have provided of any findings of any determinations of non-responsibility
against them under the Lobbying Law. Prior to the Agencies' awarding of a
Procurement Contract to which these provisions apply, it shall be the Designated
Contact Officer's responsibility to consult with the Ethics Officer and to likewise
consult at any appropriate time thereafter.
d. Designated MWBE Officer(s). The Agencies’ President shall appoint a Designated
MWBE Officer(s) to oversee the Agencies’ MWBE Program established to
promote and assist: (i) participation by certified MWBEs in the Agencies’
Procurement opportunities and facilitation of the award of Procurement Contracts
to such enterprises; (ii) the utilization of certified MWBEs as subcontractors and
suppliers by entities having Procurement Contracts with the Agencies; and (iii) the
utilization of partnerships, joint ventures or other similar arrangements between
certified MWBEs and other entities having Procurement Contracts with the
Agencies. The Designated MWBE Officer(s) shall be familiar with the
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Procurement of the types of construction, financial, legal or professional services
utilized by the Agencies, report directly to the Agencies’ President and, either
directly or through their designees, participate in the Procurement process.
e. Ethical Administration of Contracts, Compliance with the Lobbying Law
Directives: Responsibility of Officers and Employees. It shall be the responsibility
of the Procurement Contract Officer, the Ethics Officer, the Designated Contact
Officer(s), the MWBE Officer(s), and all Officers and Employees to ensure that
Contracts of the Agencies are administered ethically with due regard for all State
ethics laws and Lobbying Law Directives. Determinations respecting ethical
contract administration shall be made by the Ethics Officer, to whom any
allegations of impropriety or unethical administration may be reported. The Ethics
Officer shall also be responsible for reviewing, investigating, monitoring and
imposing sanctions relating to any noncompliance with Lobbying Law Directives.
The Procurement Contract Officer shall report to the Ethics Officer such allegations
of impropriety or unethical administration of Procurement, or violations of the
Lobbying Law Directives, as may come to the Procurement Contract Officer's
attention. Agency Officers and Employees including, but not limited to, the
Designated Contact Officer(s), shall report to the Ethics Officer any allegations of
impropriety or unethical administration of Procurement or violations of the
Lobbying Law Directives that come to their attention. If the Ethics Officer
determines that sufficient cause exists to believe that an allegation concerning a
violation of the Lobbying Law Directives is true, the Ethics Officer shall give the
respective Contractor or Vendor reasonable notice that an investigation is ongoing
and an opportunity to be heard in response to the allegation.
Prior to the awarding of a Procurement Contract by the Agency to which the
Lobbying Law Directives’ provisions apply, and any time thereafter, it shall be the
Ethics Officer's responsibility to consult with the Designated Contact Officer(s) and
make other appropriate inquiries so as to make the findings as to whether there were
any certifications in relation to the provisions of the Lobbying Law Directives that
were intentionally false or intentionally inaccurate so that the Agency would have
right to terminate such Contract. If the Agency(s) terminates a Procurement
Contract under these termination provisions, it shall be the Designated Contact
Officer's responsibility to provide the statement describing the basis for such action
for inclusion in the Procurement Record.
In order to comply with the Lobbying Law Directives, all Employees must
cooperate and participate in the recording of Contacts with respect to which the
Lobbying Law Directives apply. The record of a Contact shall include the name,
address, telephone number, place of principal employment, and occupation of the
person or organization. Employees must also inquire about, and record, whether
the person or organization making the Contact was the Offerer, or was retained by
the Offerer to contact the Agency(s) about the Procurement. Employees must
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report all recorded Contacts to the Procurement Contract Officer for inclusion in
the Procurement Record of the Procurement Contract.
If the Ethics Officer finds a knowing and willful violation of the Lobbying Law
Directives by any Employee, the Ethics Officer shall report the violation to the
President.
It is expected that the Ethics Officer will confer, as appropriate, with the Senior
Vice President and Counsel with respect to allegations of unethical conduct or
violations of the Lobbying Law Directives or other violations of law and nothing
in any of the forgoing is to be taken to preclude individuals from also contacting
the Senior Vice President and Counsel directly with respect to any such allegations.
ARTICLE XII
12. REPORTS ON PROCUREMENT
a. Annual Procurement Report (“Annual Report”). Within 90 days after the
conclusion of each fiscal year shared by the majority of the Affiliated Agencies
(October 31), excluding the Housing Trust Fund Corporation, the Members and
Directors of the Agencies shall approve an Annual Report summarizing
Procurement activity for the period of the Annual Report. Such Annual Report will
include these Guidelines, an explanation of these Guidelines and any amendments
thereto since the last Annual Report. The Annual Report describing Procurement
activity shall include: (a) a listing of all Procurement Contracts entered into; (b) all
Contracts entered into with NYSBEs and the subject matter and value thereof; (c)
all Procurement Contracts entered into with certified MWBEs and the subject
matter and value thereof, all referrals made and all penalties imposed, pursuant to
§316 of Article 15-A; (c) all Contracts entered into with Foreign Business
Enterprises and the subject matter and value thereof; (d) the selection process used
to select such Contractors; (e) all Procurement Contracts which were exempt from
the publication requirements of Article 4-C of the Economic Development Law,
the basis for any such exemption; and (f) the status of existing Procurement
Contracts.
Such Annual Report shall list for each Contract the following information:
i. a description of the duties performed by the Contractor;
ii. the date of the Contract and its duration;
iii. the total value of the Contract;
iv. the full name and address of the Contractor;
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v. the status of the Contract, including the amount spent or other
considerations given pursuant to the Contract during the reporting period
and for the life of the Contract to date;
vi. whether the Contractor is a certified Minority or Women-Owned Business
Enterprise; and
vii. the total number of bids or proposals received prior to the award of the
Contract.
The Annual Procurement Report, after being approved by the Members and
Directors, shall be filed to the Division of the Budget and the Department of Audit
and Control using the Public Authorities Reporting Information System (“PARIS”)
on-line Reporting System, with copies of this report to the Department of Economic
Development, the Senate Finance Committee and the Assembly Ways and Means
Committee.
Copies of the Annual Procurement Report shall also be available to the public upon
reasonable request at the Agencies' main office.
b. Quarterly Procurement Report(s) (“Quarterly Report(s)”). Within 90 days after the
conclusion of each quarter of the fiscal year shared by the majority of the Affiliated
Agencies (January 31, April 30, July 31 and October 31 and excluding the Housing
Trust Fund Corporation), the Agencies’ Members and Directors shall review a
Quarterly Report. Each Quarterly Report shall describe the quarter's Procurement
activity and shall include the same summary of activity information as is required
in the Annual Procurement Report.
c. Consolidation of Procurement Reports. The Annual Procurement Reports and the
Quarterly Procurement Reports for each of the Affiliated Agencies (excluding the
Housing Trust Fund Corporation), may, respectively, as determined by the
President and a Senior Officer designated by the President, be consolidated annual
or quarterly reports for all the Affiliated Agencies (excluding the Housing Trust
Fund Corporation), to the extent that the President or designated Senior Officer
determines that doing so will be more elucidating.
d. Annual MWBE Goal Plan (“MWBE Goal Plan”). The Agencies shall report,
annually, to the Governor, Legislature and the MWBE Director, on various issues
pertaining to Procurements relating to MWBE, in accordance with Article VI of
these Guidelines and Article 15-A, including but not limited to:
i. the annual goals, identified in the Agencies’ Annual MWBE Goal Plan, for
Contracts with MWBEs;
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ii. providing adequate documentation of a good faith effort to meet the Agency
goals described in the Agencies’ Annual MWBE Goal Plan, in the event
that the Agency projected goals cannot be achieved;
iii. the number of actual Contracts issued to MWBEs;
iv. the activities undertaken to promote and encourage Procurement
opportunities of Minority Group Members and women and promote and
increase participation by certified businesses with respect to Agency
Contracts and subcontracts;
v. Agency Contracts for leases of real property by the Agency(s) to a Lessee
where: the terms of such leases provide for the construction, demolition,
replacement, major repair or renovation of real property and improvements
thereon by such Lessee; and the cost of such construction, demolition,
replacement, major repair or renovation of real property and improvements
thereon exceeds the sum of $100,000;
vi. a summary of all enforcement actions undertaken by the Agency against a
Contractor for breach of Contract pursuant to §316-a of Article 15-A and
Article IX. of these Guidelines; and
vii. a summary of all waivers, defined in Article VI of these Guidelines,
permitted by the Agencies during the period covered by the MWBE Report,
including:
(1) a description of the basis of the waiver request; and
(2) the rationale for granting any such waiver.
ARTICLE XIII
13. MISCELLANEOUS PROVISIONS
a. Powers of Amendment. Any modification or amendment of these Guidelines may
be made by a Supplemental Resolution adopted at any duly constituted Members'
or Directors' meeting; provided, however, that no such modification or amendment
shall abrogate the rights and duties of existing Agency Contracts, the terms of
which were established pursuant to these Guidelines; and further provided that the
President may make non-material changes in these Guidelines.
b. Supplementation with Procedural Handbooks, Practice Manuals and Other
Directives. These Guidelines are only intended to provide the general framework
for Agency Procurement practices. These Guidelines are not intended to preclude
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supplementation of the Guidelines through the promulgation of more specific
procedural handbooks, practice manuals, or other directives and guidance as may
be issued from time to time, including as example, and not by way of limitation,
more specific procedures for conduct of Requests For Proposals and Requests For
Qualifications. It is also not intended that the existence of these Guidelines should
prevent or supplant the issuance of additional Agency guidelines or regulations to
deal specifically with Lobbying Law Directives and/or MWBE Directives, if
appropriate.
c. No Recourse under these Guidelines. No provision of these Guidelines shall be the
basis for any claim based upon these Guidelines against any Member, Director,
Officer or Employee of the Agency(s) or the Agency(s) itself.
d. Effect upon Existing Agencies’ Contracts. These Guidelines shall not abrogate the
rights and duties of Agency Contracts with third parties executed prior to the
effective date of these Guidelines.
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SELECTING A PROCUREMENT PROCESS.
No
No
Yes
No
Yes
No
Yes
No
No Yes
No
Yes
Yes No
Yes
No Yes
Must use Preferred
Source.
Can the Agencies’ Procurement needs be met by a certified MWBE
and, if so, is the estimated value of the
Procurement $200,000 or less?
Enter into contract with
MWBE.
Can the Agencies’ Procurement needs be met by either a State Contract
or an Existing Centralized State Contract?
Use State Contract
(competitive) or Existing
Centralized State Contract
(non-competitive).
Determination of Procurement Need
Can the Agencies’ Procurement needs be met by a Preferred Source?
Is the Procurement need best met by
conducting an Agency specific competitive
process?
Proceed with competitive
process.
Is the estimated value of
the Procurement less than
$50,000?
Use RFP process. Use IFB
process.
Is there
justification for
a
noncompetitive
award?
Is there more than one vendor that can
meet the need?
Use Sole Source
method
Use Single Source
Contract method
Can Agency staff meet procurement need? Must use Agency staff.
TAB 3 Explanation of the
AHC’s Procurement and Contract Guidelines
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TAB 5
Explanation of consolidated Procurement and Contract Guidelines of the Agencies, as revised and in effect, September 12, 2013
The consolidated Procurement and Contract Guidelines (the “Guidelines”) were (i)
adopted on December 15, 2005, (ii) revised on June 14, 2007, June 11, 2008, and September 14,
2010 respectively, and (iii) most recently revised on September 12, 2013, pursuant to the
provisions of the Acts of each of the New York State Housing Finance Agency, the State of New
York Mortgage Agency, the New York State Affordable Housing Corporation, the State of New
York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation
(individually, “Agency,” and collectively, the “Agencies”), and Section 2879 of the Public
Authorities Law.
The Guidelines were revised on September 12, 2013 to (i) incorporate certain substantive
amendments intended to improve the procurement process, (ii) align our minority and women-
owned business (“M/WBE”) procedures with New York State (“State”) law, and (iii) implement
some definitional changes.
The substantive amendments include the addition of provisions to: (i) increase the
monetary threshold from $15,000 to $50,000 for request for proposal (“RFP) processes in order to
make the procurement process less burdensome, and a change that is in line with recent statutory
changes made to the requirement to post contract opportunities in the State’s Contract Reporter for
solicitations, which similarly increased the threshold amount from $15,000 to $50,000; (ii) permit
the Agencies to rely on the procurement processes of the Federal Government Administration
(“GSA”) for the purchase of goods and services, allowing the Agencies to piggy back on Federal
procurements as they are permitted to do for State Contract procurements; (iii) provide for the
initial approval and annual review of Contracts by each Agency’s Governance Committee, with
the Agencies’ Board approving and/or reviewing Contracts annually each January as part of their
approval of the Agencies’ consolidated annual procurement report (a change that was previously
authorized through charter amendments for the Governance Committees); (iv) require the
Agencies’ the President/CEO to authorize all Agency determinations of Single Source Contracts,
Sole Source Contracts, Critical Source Contracts and Emergency Contracts after any such
determination is made by an Agency Senior Officer; and (v) require any Emergency Contracts be
brought before the Governance Committee for approval at the next scheduled meeting. The
changes in (iv) and (v) above are intended to tighten control processes in situations where non-
competitive procurement methods are used.
In addition to these changes, certain changes were made to improve our MWBE
procurement contract procedures. The Guidelines were amended to (a) increase the monetary
threshold amount for the waiver of competitive processes for M/WBEs from $100,000 to $200,000
to mirror the statutory limit for this type of exception to competitive processes under the
amendments to Article 15-A of the State’s Executive Law; and (b) delete the M/WBE goals in the
Guidelines and replace them with a reference to the goals in the Agencies’ Annual M/WBE Goal
Plan.
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Finally, certain definitional changes have been implemented. The defined term “Uniquely
Qualified Source Contract” was replaced with “Single Source Contract” to mirror the State’s term
for this procurement method, and Housing Trust Fund Corporation was added as an agency to the
defined term “Affiliated Agencies” for purposes of procurement processes. This last change is
intended to align the Agencies with HTFC, all now part of HCR.
EXPLANATION OF CONSOLIDATED
PROCUREMENT AND CONTRACT GUIDELINES
OF THE AGENCIES
(as revised and in effect, September 12, 2013)
The consolidated Procurement and Contract Guidelines (“Guidelines”), pursuant to the
provisions of the Acts of each of the New York State Housing Finance Agency, State of New York
Mortgage Agency, New York State Affordable Housing Corporation, State of New York
Municipal Bond Bank Agency and Tobacco Settlement Financing Corporation (individually,
“Agency,” and collectively, the “Agencies”) and Section 2879 of the Public Authorities Law,
apply to the Agencies’ procurement of goods and services. As defined in the Guidelines,
“Procurement” means the acquisition of goods, materials and services including, but not limited
to, personal services, by any Agency. “Procurement Contract” is defined, (a) following the
definition in Section 2879 of the Public Authorities Law, as any written agreement for Procurement
in the actual or estimated amount of $5,000 or more, and (b) following the definition in the
Lobbying Law in relation to any Agency Governmental Procurement with actual or anticipated
annualized expenditures in excess of $15,000 in amount, as any Contract, including an amendment,
extension, renewal, or change order to an existing Contract (other than amendments, extensions,
renewals, or change orders that are authorized and payable under the terms of the Contract as it
was finally awarded), for a Governmental Procurement. (Unless otherwise defined herein,
capitalized terms adhere to their respective definitions in the Guidelines.)
A. Selection of Procurement Contractors and/or Vendors (Article IV of the Guidelines)
In selecting Procurement Contractors and/or Vendors, it is the preference of the Agencies
that Contractors and Vendors be selected from as broad a spectrum of providers as is practicable,
and that any Contract (defined as a written agreement whereby an Agency undertakes
Procurement, including accepted Purchase Orders and Procurement Contracts) be awarded and
purchases be made consistent with the quality of services or goods and materials required, at fair
and reasonable prices. In addition, it is the preference of the Agencies to encourage the
participation and utilization of minority owned business enterprises (“MBEs”) and women-owned
business enterprises (“WBEs”) (and collectively, “MWBEs”) in accordance with the MWBE
Directives in the Guidelines and to encourage the participation of New York State Business
Enterprises (“NYSBEs”).
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B. Competitive Processes (Article IV of the Guidelines)
The following are the main competitive processes provided for in Article IV of the
Guidelines: (i) a competitive lowest price bid for goods and materials; (ii) an invitiation for bids
process (new terminology) for Contracts not expected to exceed $50,000 (revised amount) in
amount; (iii) a request for proposal (“RFP”) without negotiation; (iv) an RFP with competitive
negotiations; (v) use of a pre-qualified panel; (vi) use of a State Contract; (vi) U.S. General
Services Administration Contracts (“GSA Contracts”) (new addition) and (vii) use of an Affiliated
Agency Contract, and Affiliated Agency Contract shall include the Housing Trust Fund
Corporation (“HTFC”) (new addition) entered into as a result of a competitive process, or the use
of an Affiliated Agency competitive selection process as the basis for entering into a Contract and
such Affiliated Agency competitive process shall include processes conducting by HTFC (new
addition).
C. Selection of Contractors and Vendors through a Competitive Selection Process (Article IV
of the Guidelines)
In selecting Contractors and Vendors through a competitive selection process, certain
standards and practices are required to be considered, including: (i) advertisement requirements
including outreach efforts to MWBEs and providing information with respect thereto via the
Agencies’ website; and (ii) criteria for selection, including but not limited to, terms, costs, goods
or services offered, reputation and experience. For procurements not expected to exceed $50,000
(revised amount) in amount, the Agency shall solicit prices, statements of qualifications and
proposals from at least three prospective Vendors, including at least one MWBE, if feasible.
D. Selection of Contractors and Vendors on a Non-Competitive Basis (Article IV of the
Guidelines)
In the selection or use of Contractors or Vendors, the following Contracts may be awarded
without engaging in any one of the competitive processes set forth above: Preferred Source
providers; existing centralized State Contracts; existing GSA Contracts (new addition);
Emergency Selection Contracts where the selection of a Contractor or Vendor cannot be delayed;
Sole Source Contracts; Single Source Contracts (new terminology); instances where practice in an
industry does not normally involve competitive selection processes and an Agency determination
that entering into a Contract is deemed cost-effective for the Agency; and the purchase of goods
and services from Small Businesses and certified MWBEs, or goods or technology that are
recycled or remanufactured, in amounts of $200,000 (revised amount) or less. Determinations to
enter into Emergency Selection Contracts, Sole Source Contracts and Single Source Contracts
must be made by an Agency Senior Officer and the President (revised language).
E. Requirements for Agency Bid Documents (Article V of the Guidelines)
For Procurements in the actual or estimated amount of $50,000 (revised amount) or more,
the Agency shall advertise all such opportunities in the “New York State Contract Reporter. The
Agencies shall include in all bid documents to potential bidders a statement that information
concerning the availability of subcontractors and suppliers is available from the State Department
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of Economic Development, which shall include the directory of certified MWBEs, and an
affirmative statement that it is the policy of the Agencies to encourage the use of State
subcontractors and suppliers, and to promote the participation of NYSBEs and MWBEs, where
possible, in the Procurement of goods and services.
The Agencies also require that solicitation documents set forth the expected degree of
MWBE participation based, in part, on (i) the potential subcontract opportunities available in the
prime Procurement Contract, and (ii) the availability of MWBEs to respond competitively to the
potential subcontract opportunities. In addition, the Agencies shall:
1. provide notice of Governmental Procurements, along with any other notice required
by law, to professional and other organizations serving MWBEs that provide the
types of services procured by the Agencies. For the purposes of these Procurement
efforts, and for other Agency Procurement efforts, the Agencies shall maintain lists
of qualified MWBEs and will provide such list(s) to Contractors in the Procurement
process, requiring that potential Contractors consult and contact appropriate
MWBEs to solicit their bids, in accordance with Article VI of the Guidelines;
2. incorporate a summary of the Agencies’ policies and prohibitions regarding
Contacts under the Lobbying Law, in accordance to the Lobbying Law Directives
as described in Article VII of the Guidelines; and
3. follow the directives for the participation of promoted Contracts, as more fully
described in Article VIII of the Guidelines;
F. MWBE Program (Article VI of the Guidelines)
The Agencies shall implement procedures for MWBE participation and utilization
in Agency Procurements, including:
(i) appointing a Designated MWBE Officer by the President to oversee the
Agencies’ MWBE Program;
(ii) establishing appropriate numerical MWBE participation target goals (to be
updated annually) for each new Procurement Contract awarded by the
Agencies and for the utilization of MWBEs as subcontractors and suppliers
by Contractors having Procurement Contracts with the Agencies. In
addition, the MBE portion or the WBE portion of joint ventures shall count
toward meeting the Agencies’ MWBE participation goals. In the event that
the projected goals cannot be achieved, the Agencies will provide adequate
documentation of a good faith effort to meet these goals in their submission
of their Annual MWBE Officer Report.
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(iii) establishing procedures for maintaining lists of qualified and certified
MWBEs, that have expressed an interest in doing business with the
Agencies, and ensuring that such lists are updated at least annually;
(iv) establishing measures and procedures to ensure that certified MWBEs will
be given the opportunity for maximum feasible participation in the
performance of Agency Contracts and to assist in the Agencies’
identification of those Agency Contracts for which certified MWBEs may
best bid to actively and affirmatively promote and assist their participation
in the performance of Agency Contracts so as to facilitate the Agencies’
achievement of the maximum feasible portion of the goals for Agency
Contracts to such businesses;
(v) designating the Division of Minority and Women-Owned Business
Development to certify and decertify MWBEs for the Agencies;
(vi) requiring that each Contract solicitation set forth the expected degree of
MWBE participation, as set forth in the Agencies’ Annual MWBE Goal
Plan (new addition).
(vi) submitting a waiver by the Agency of obligations of Contractor relating to
MWBE participation after a showing of good faith effort to comply with the
MWBE participation requirements; and
(vii) verifying that MWBEs listed in a successful bid are actually participating
to the extent listed in the project for which the bid was submitted.
In implementing the MWBE Directives, the Agencies shall:
(1) consider, where practicable, severability of construction projects and other
bundled Contracts; however, unbundling must be conducted within the
constraints of the Agencies’ need to ensure efficiency and limit costs;
(2) implement its MWBE Program to enable the Agencies to evaluate each
Contract to determine the appropriateness of the goal, as set forth in the
Agencies’ Annual MWBE Goal Plan (new addition);
(3) consider compliance with the requirements of any federal law concerning
opportunities for MWBEs that effectuates the purpose of Article VI of the
Guidelines; and
(4) consult the most recent disparity study, pursuant to Article 15-A of the
Executive Law (“Article 15-A”).
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G. Lobbying Law Directives (Article VII of the Guidelines)
For any Contract made subject to the “Lobbying Reform Law,” the Agency is required to
notify every potential Contractor or Vendor that the Agency has a “Designated Contact Officer,”
who is “knowledgeable of the procurement” and is the only Agency representative permitted to
receive Contacts from Contractors or Vendors, or their representatives, during the “Restricted
Period” with respect to such Governmental Procurement. In addition to observing the Lobbying
Reform Law’s proscriptions on Contacts, all potential Contractors or Vendors must complete and
return to the Agency with their proposal or bid response to an Agency solicitation, a written
affirmation of a Contractor’s or Vendor’s understanding of the Governmental Procurement
lobbying procedures of the Agency, as well as disclose prior determinations of non-responsibility
as a result of Lobbying Law violations over the preceding four years. Any violation of the
Lobbying Reform Law over the preceding four years is considered an adverse factor in the
Contractor or Vendor selection process.
H. Promoted and Prohibited Contracts & Contracts Subject to Other Limitations (Article VIII
of the Guidelines)
Notwithstanding the general practices of the Agencies with respect to selection of
Contractors and Vendors and adherence to competitive practices, as set forth in the Guidelines,
Article VIII of the Guidelines require that certain Contracts may be “promoted,” “prohibited” or
“subjected to certain limitations.”
It is the goal of the Agencies to both promote and assist participation by MWBEs in
competition for Procurement Contracts, and award a fair share of Procurement Contracts to
MWBEs. The Agencies also seek to promote the participation of New York State Business
Enterprises.
In addition, as it is the goal of the Agencies to award Contracts to those Contractors or
Vendors who have evidenced compliance with the laws of the State prohibiting discrimination in
employment, the Agencies will seek to achieve this goal by awarding Procurement Contracts to
those firms who have demonstrated that they do not discriminate with respect to employment. The
Agencies have also promulgated procedures for ensuring Contractor or Vendor compliance with
the Equal Opportunity Act of 1972.
Under the Guidelines, certain Contracts will be prohibited or permitted only subject to
certain exceptions or limitations as follows: (i) with respect to evaluation of Architects, Engineers
and Surveyors, the Agencies shall consider special criteria including the reasonableness of cost
based on the total estimated cost of any legal entity permitted by law to practice such professions;
(ii) in accordance with the MacBride Fair Employment Principles, the Agencies shall not enter
into Procurement Contracts with Contractors or Vendors who have operations in Northern Ireland
unless assurance is made that lawful steps in good faith have been made to comply with the
MacBride Principles; (iii) with respect to Contracts with a Foreign Business Enterprise, the
Agencies shall notify the State Commissioner of Economic Development of the award of a
Procurement Contract for the purchase of goods from said Foreign Business Enterprise in an
amount equal to or greater than $1,000,000. Thereafter, the Agencies shall not enter into a
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Procurement Contract for said goods until at least 15 days have elapsed, except where a Contract
is awarded due to Emergency. The Agencies shall not solicit bids from or enter into a Procurement
Contract with a Foreign Business Enterprise which has its principal place of business in a
jurisdiction that discriminates against New York business, pursuant to Section 165 (6)(b) of the
State Finance Law.
In addition to the consideration of Contractor or Vendor non-compliance with Lobbying
Law Directives, with respect to Contracts with former Agency Officers and Employees, the
Agencies shall not enter into Contracts which contemplate, violate or affirmatively, by their terms,
allow former Officers and Employees of the Agencies to violate Section 73(8)(a) of the State
Ethics Law.
I. General Contract Provisions (Article IX of the Guidelines)
All Procurement Contracts shall be in writing and duly executed by an individual
empowered to do so in accordance with Agency By-Laws. Procurement Contracts shall
specifically provide for a scope of services indicating the nature of the work to be performed or
goods to be provided, and for the time for performance, and the monitoring or reviewing of
performance. Additionally, Procurement Contracts shall also state compensation and payment
terms and indicate that prices in bids were arrived at independently without collusion. In addition
to a provision authorizing the Agency to immediately terminate any Contract in the event that any
Lobbying Law certification is found to be intentionally false or inaccurate, Contracts shall also
include “a provision expressly providing that any Contractor who willfully and intentionally fails
to comply with minority and women-owned participation requirements, as set forth in the Contract,
shall be liable to the Agencies for liquidated or other appropriate damages and shall provide for
the appropriate remedies on account of such breach”.
In order that the Agencies may enter into new Procurement Contracts for the Procurement
covered as soon as they may desire, Procurement Contracts should not commit the Agency(s) to
continue to use Contractors for longer than is desirable to achieve the Contract objectives. Unless
specifically permitted by a resolution of the Agency’s Members or Directors, Procurement
Contracts should be for a term not exceeding one year, and should be terminable by the Agency,
at its option, without cause, within a period that is less than a year into the future. A designated
Officer or Employee shall perform a continuing evaluation of Procurement Contracts and Panels.
J. Agency Approvals (Article X of the Guidelines)
All Contracts where compensation is expected to be $100,000 or more, as well as any
Contracts involving services to be provided over a period of more than one year, require initial
approval and annual review of the Governance Committee of each Agency (new addition). The
Members and Directors shall, at least annually, approve and/or review any Contract lasting more
than a year, each January, as part of the approval of the Annual Report on Procurement Contracts.
All Procurement Contracts shall be executed by the President and CEO, or a Senior Officer, as
defined under Agency By-Laws or by such Vice President to whom execution authority has been
appropriately delegated in writing by a Senior Officer or as otherwise provided for in the Bylaws.
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The Senior Vice President and Counsel, or his/her designee(s), shall approve as to legal
compliance all Procurement Contracts.
K. Procurement Record (Article XI of the Guidelines)
A “Procurement Record” shall be maintained for each Procurement requiring any Formal
Contract and such other Procurement as the Procurement Contract Officer deems appropriate, or
as State law might require, identifying, with supporting documentation, decisions made by the
Agency during the Procurement process. Additionally, the Procurement Contract Officer shall be
charged with responsibilities that include the retention of such portions of the Procurement
Contract Record as the Procurement Contract Officer deems appropriate, monitoring compliance
with proper contracting procedures and adherence to the Guidelines.
L. Reports on Procurement (Article XII of the Guidelines)
1. Annual Procurement Report
Within ninety days after the conclusion of each fiscal year shared by the majority
of the Agencies, the Members or Directors of the Agency shall approve an Annual
Procurement Report, summarizing procurement activity for the period of the report.
Such report shall include for each Procurement Contract listed (including
MWBEs): a description of the duties performed by the Contractor; the date of the
Contract and its duration; the total value of the Contract; the full name and address
of the Contractor; the status of the Contract including the amount spent or other
considerations given pursuant to the Contract during the reporting period and for
the life of the Contract to date; whether the Contractor is a Minority or Women-
Owned Business Enterprise; and the total number of bids or proposals received
prior to the award of the Contract.
The Annual Procurement Report, after being approved by the Members and
Directors, shall be filed using the Pubic Authorities Reporting Information System
(“PARIS”) on-line reporting system.
2. Quarterly Procurement Report
Within ninety days after the close of each quarter of the fiscal year shared by the
majority of the Affiliated Agencies, the Agencies shall prepare and deliver to the
Members and Directors a report summarizing procurement activity for the period
of the report.
3. Annual MWBE Officer Report
The Agencies annually file an MWBE Officer Report that includes: (i) Agency
annual MWBE goals; (ii) documentation of a good faith effort to meet Agency
goals, in the event that these goals cannot be achieved; (iii) the number of actual
Contracts issued to MWBEs; (iv) the activities undertaken to promote and
F:\LEGAL\LV\2014\Board Material re Contracts\1_January-2014\Procurement Material\ExplanationOfGuidlines_Jan-17-2014_1FINAL.docx
9
encourage Procurement opportunities of MWBEs and increase participation by
certified MWBEs; (v) Agency Contracts for leases of real property by the Agency
to a Lessee (a) where the terms of such leases provide for the construction,
demolition, replacement, major repair or renovation of real property and
improvements thereon by such Lessee and (b) the cost of such construction,
demolition, replacement, major repair or renovation of real property and
improvements thereon exceeds the sum of $100,000; (vi) a summary of all
enforcement actions undertaken by the Agency against a Contractor for breach of
Contract; and (vii) a summary of all waivers, permitted by the Agencies during the
period covered by the MWBE Officer Report.
641 Lexington Ave, New York, NY 10022 │ 212-688-4000 │www.nyshcr.org
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Desmond Gooding TO: AHC Members
VP/Treasurer
SUBJECT: Approval of AHC Annual Investment Report
In accordance with Section 2925 of the Public Authorities Law, SONYMA, HFA, AHC,
MBBA and TSFC (collectively, the “Agencies and Corporations”) are required to approve Annual
Investment Reports and review Quarterly Investment Reports. Due to the COVID crisis, and in
accordance with the Governor’s executive order that only action items be presented to governmental
boards for approval, omitting submission of information items, only the AHC report is presented, as
that report is up for approval.
Attached hereto is the AHC Annual Investment Report for the fiscal year ending March 31,
2020.
The Report contains a summary of investments made and outstanding, a summary of
investment earnings, a copy of the auditors’ compliance report on AHC investments (which is
included with the Audited Financial Statements. The Investment Guidelines, required to be part of
the Investment Reports are also attached.
We respectfully request that the Report of Investment for AHC be adopted as presented.
Enclosure
% OF AVG.MAT. AVG. Type of Investment AMOUNT PORT. (Yrs.) YIELD
F.D.I.C. Insured 7,802$ 100.00% 0.00 0.00%
TOTAL INVESTMENTS 7,802$ 100.00% 0.00 0.00%
COMPARATIVE RESULTS:
Current Quarter 7,802 0.00 0.00%(Last Quarter) Dec. 31, 2019 12,704 0.00 0.00%(Prior Year) Mar. 31, 2019 4,933 0.00 0.00%
Target Average Maturity No More Than Three Years
* Includes accounts for: Operating Funds, Grant Fund and various escrows.
Prepared By ____________________________Reviewed By ___________________________
NEW YORK STATE AFFORDABLE HOUSING CORPORATION SUMMARY OF OUTSTANDING INVESTMENTS As Of March 31, 2020 (IN THOUSANDS)
F:\LEGAL\LV\2020\Board book June 11\Investment report AHC\Investment Reports Reso Board.docx
A RESOLUTION OF
THE NEW YORK STATE AFFORDABLE HOUSING CORPORATION
APPROVING A REPORT OF INVESTMENTS
WHEREAS, the New York State Affordable Housing Corporation (“AHC) is required by
Section 2925 of the Public Authorities Law to approve its Annual Reports of Investment; now
therefore, be it;
RESOLVED, by the Members and Directors of the Agencies as follows:
Section 1. The Annual Report of Investment of AHC for the fiscal year ending March 31,
2020 is hereby approved.
Section 2. This resolution shall take effect immediately.
ITEM 9:
ITEM 8:
641 Lexington Ave, New York, NY 10022 │ 212-688-4000 │www.nyshcr.org
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Sonya Kinckle TO: AHC Members
VP/Comptroller
SUBJECT: Resolution approving the Affordable Housing Corporation’s audited
financial statements for the fiscal year ending March 31, 2020.
At the Meeting of the Audit Committees scheduled in advance of the Members’ and
Directors’ Meeting, the Independent Auditor will make a presentation. All Members and Directors
are welcome to attend the Meeting of the Audit Committees.
One of the purposes of the Audit Committees, as defined by their respective charters, is to
assist the Members and Directors in their oversight as to the integrity of the attached draft financial
statements of AHC. As part of their oversight responsibilities, the Audit Committees have been
asked to review and approve the financial statements of AHC for the period from April 1, 2019
through March 31, 2020.
At the Audit Committee meeting currently scheduled for June 11, 2020, it is proposed that
the Committee will review and approve the attached annual financial statements and reports. The
AHC’s Members will then be asked to act on the Audit Committees’ recommendation.
It should be noted that the highlights of AHC’s 2019-2020 fiscal year financials are
summarized in Management’s Discussion and Analysis, contained in the attached materials.
It is respectfully recommended that the Members and Directors adopt the resolution
presented approving AHC’s annual financial statements.
DRAFT
New York State Affordable Housing Corporation
AHC
Financial Statements
Fiscal Year
2020
DRAFT
NEW YORK STATE AFFORDABLE HOUSING CORPORATION (A Component Unit of the State of New York)
Financial Statements
Fiscal Year Ended March 31, 2020
Table of Contents Page
Responsibility for Financial Reporting ........................................................................................................................... 1
Report of Independent Auditors ..................................................................................................................................... 2
Management’s Discussion and Analysis ........................................................................................................................ 4
Financial Statements:
Statements of Net Position................................................................................................................................................12
Statements of Revenues, Expenses and Changes in Net Position..............................................................................13
Statements of Cash Flows ..................................................................................................................................................14
Notes to Financial Statements ...........................................................................................................................................15
Report of Independent Auditors on Internal Control Over Financial Reporting and on Compliance and Other
Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing
Standards ..............................................................................................................................................................................17
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RESPONSIBILITY FOR FINANCIAL REPORTING The financial statements of the New York State Affordable Housing Corporation (the “Corporation”), for the fiscal years ended March 31, 2020 and 2019, are the responsibility of management. The financial statements were prepared in accordance with U.S. generally accepted accounting principles. The Corporation maintains a system of internal control. The objectives of an internal control system are to provide reasonable assurance as to the protection of, and accountability for, assets; compliance with applicable laws and regulations; proper authorization and recording of transactions; and the reliability of financial records for preparing financial statements. The system of internal control is subject to periodic review by management and the internal audit staff. The Corporation’s annual financial statements have been audited by Ernst & Young LLP, independent auditors appointed by the Members of the Corporation. Management has made available to Ernst & Young LLP all the financial records and related data of the Corporation and has provided access to all the minutes of the meetings of the Members of the Corporation. The independent auditors periodically meet with the members of the Corporation to provide engagement related updates and communications. The independent auditors conducted their audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America. Those standards require that they plan and perform the audit to obtain reasonable assurance about whether the respective financial statements are free of material misstatement. The audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Corporation’s internal control over financial reporting. Accordingly, the independent auditors do not express an opinion on the effectiveness of the Corporation's internal control over financial reporting. The audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the respective financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. The independent auditors’ unmodified report expresses that the financial statements are presented, in all material respects, in accordance with U.S. generally accepted accounting principles.
RuthAnne Visnauskas Sheila Robinson
President/Chief Executive Officer Senior Vice President/Chief Financial Officer
June 11, 2020
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NEW YORK STATE AFFORDABLE HOUSING CORPORATION (A Component Unit of the State of New York) MANAGEMENT’S DISCUSSION AND ANALYSIS
Fiscal Years ended March 31, 2020 and 2019
Overview of the Financial Statements‐The following is a narrative overview of the financial
performance of the New York State Affordable Housing Corporation (the “Corporation”) for the fiscal
years ended March 31, 2020 (“fiscal 2020”) and 2019 (“fiscal 2019”) with selected comparative
information for the fiscal year ended March 31, 2018 (“fiscal 2018”). Please read in conjunction with the
financial statements.
The annual financial statements consist of three parts: (1) management’s discussion and analysis (this
section); (2) the financial statements; and (3) the notes to the financial statements.
Management’s Discussion and Analysis
This section of the Corporation’s financial statements, Management’s Discussion and Analysis
(“MD&A”), presents an overview of the Corporation’s financial performance during fiscal 2020
compared to the fiscal 2019 and fiscal 2018. The MD&A provides a discussion of financial
highlights and an assessment of how the Corporation’s financial position has changed from past
years. It also identifies the factors that, in management’s view, significantly affected the
Corporation’s overall financial position. It may contain opinions, assumptions or conclusions by
the Corporation’s management that should not be considered a replacement for, and must be
read in conjunction with, the financial statements and other information described below.
The Financial Statements
The Statement of Net Position provides information about the liquidity and solvency of the
Corporation by indicating the assets, liabilities and net position.
The Statement of Revenues, Expenses and Changes in Net Position accounts for all of the current
year’s revenues and expenses in order to measure the results of the Corporation’s operations over
the past year. It can be used to determine how the Corporation has funded its costs. By
presenting the financial performance of the Corporation, the change in net position is similar to
net profit or loss for a business.
The Statement of Cash Flows is presented on the direct method of reporting. It provides
information about the Corporation’s cash receipts, cash payments, and net changes in cash
resulting from operations, investing, and financing activities. Cash collections and payments are
presented in this statement to arrive at the net increases or decreases in cash for each year.
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The Notes to the Financial Statements
The notes provide information that is essential to understanding the financial statements, such as
the Corporation’s accounting methods, and policies providing information about the content of
the financial statements.
Details include contractual obligations, future commitments and contingencies of the
Corporation.
Information is given regarding any other events or developing situations that could materially
affect the Corporation’s financial position.
General Introduction
The Corporation is a public benefit Corporation of the State of New York (the “State”) and is a subsidiary
of the New York State Housing Finance Agency (the “Agency”). The Corporation administers the
Affordable Home Ownership Development Program (the “Program”). The Program was designed to
make home ownership affordable to low and moderate income families and individuals for whom there
are no other reasonable and affordable home ownership alternatives in the private market. The
Corporation’s goal is to provide financial assistance, in conjunction with other public and private
investments, for new construction, acquisition/rehabilitation, and home improvement of owner‐
occupied housing. The Corporation’s assistance also promotes development, stabilization and
preservation of neighborhoods and communities.
Financial Highlights
State Appropriations
On an annual basis, the Governor and the State Legislature appropriate an amount which is available to
the Corporation to fund housing grants. The annual State Appropriation was approved in the amount of
$26 million for fiscals 2020, 2019 and 2018.
Grant Awards
In fiscal 2020, using the funds appropriated in the State Budget, the Corporation approved awards
totaling approximately $27 million to create or renovate 1,077 units of affordable housing for low‐and
moderate‐income households. The awards were made possible by combining the Corporation’s current
and previous year’s annual budgeted appropriation along with available recaptured funds from
previous grants that were not used. The fiscal 2020 awards were made in 40 counties across the State.
Grants are typically used to subsidize the purchase price of a new home, co‐op or condominium, or for
needed repairs. Subsidies range up to $40,000 per home. The grants generally help households with
incomes up to 90% of the local “Area Median Income”. The Corporation offers three types of grant
programs: Home Improvement, New Construction and Acquisition/ Rehabilitation.
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As noted above, the Corporation approved awards totaling approximately $27 million in fiscal 2020 as
compared to $38.3 million in fiscal 2019, a decrease of approximately $11.3 million, or 30%. The decrease
in fiscal 2020 was primarily attributable to timing differences between appropriation approval and award
year.
Region Units Awards Units Awards
New York City 216 $ 8,082,500 433 $ 6,922,500
Finger Lakes 137 3,160,000 372 7,488,500
Western New York 61 940,000 313 5,413,000
Central New York 269 4,858,334 105 2,688,800
Long Island 85 3,395,000 236 6,760,000
Southern Tier 39 740,000 139 2,607,833
North Country 29 900,166 33 670,000
Mid‐Hudson 147 3,360,000 75 2,071,000
Capital Region 94 1,565,000 97 2,885,333
Mohawk Valley 0 0 38 763,334
Total 1,077 $ 27,001,000 1,841 $ 38,270,300
Fiscal Year 2020 Fiscal Year 2019
The Lake Ontario Homeowner Recovery Assistance Program
The Lake Ontario Homeowner Recovery Assistance Program is administered by the Corporation.
Pursuant to legislation in June 2017, the State has made available $45 million in relief for communities
impacted by flooding along Lake Ontario and The St. Lawrence River.
Through the end of the 2020 fiscal year, $90.2 million has been set aside for the Flood Recovery Program.
This was comprised of $83.2 million funded by the State, combined with $7 million in accumulated
repayment funds held by the Corporation.
Through the end of the fiscal year, the Corporation has expended a total of $86.2 million for the Flood
Recovery Program.
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Condensed Financial Information
New York State Affordable Housing Corporation
Condensed Statements of Net Position
(in thousands)
% Change
March 31, 2020‐19 2019‐18
Assets: 2020 2019 2018
Cash $ 8,893 $ 4,973 $ 5,886 78% (15%)
Administrative Fee Receivable 750 ‐ ‐ N/A N/A
Liabilities:
Payable to the New York State
Housing Finance Agency, Housing
Grants Payable, and Accrued Expenses 2,705 1,848 1,557 46% 19%
Total Restricted Net Position $ 6,938 $ 3,125 $ 4,329 122% (28%)
Assets
Cash
As of March 31, 2020 and 2019, no investments were held. As of March 31, 2020 and 2019, cash held
amounted to approximately $8.9 million and $5 million, respectively, representing an increase of
approximately $3.9 million, or 78%. This increase is due to timing differences between receipt and
disbursement of grant funds. This compares with a decrease from approximately $5.9 million as of March
31, 2018 to approximately $5 million as of March 31, 2019, a decrease of approximately $900 thousand,
or 15%. The decline was a result of timing differences between receipt and disbursement of grant funds.
Administrative Fee Receivable
As of March 31, 2020, the annual administration fee in the amount of $750 thousand had not been
received, which resulted in an accounts receivable balance of $750 thousand.
Liabilities
Payable to the New York State Housing Finance Agency
The payable to the Agency increased from $815 thousand in fiscal 2019 to $2.4 million in fiscal 2020, an
increase of approximately $1.5 million or 188%. This compares with a decrease from $1.4 million in fiscal
2018 to $815 thousand in fiscal 2019. Pursuant to the service agreement with the Agency, expenses of the
Corporation are paid by the Agency and a corresponding payable is established on the Corporation’s
books. In addition, funds are advanced by the Agency to fund the Corporation’s payroll. The Corporation
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does not have sufficient funds to reimburse the Agency. Since the Corporation is a subsidiary of the
Agency, the Agency transferred the amounts of $2.8 million and $2.3 million, respectively, during fiscal
2020 and fiscal 2019, to the Corporation to cover a portion of the accumulated payable.
Housing Grants Payable
Due to the timing of the disbursement of approved housing grants, housing grants payable decreased
from $978 thousand in 2019 to $281 thousand in 2020, a decrease of approximately $697 thousand or 71%
as compared with an increase from $142 thousand in fiscal 2018 to $978 thousand in fiscal 2019, an
increase of approximately $836 thousand or 589%. Housing grants payable represents approved
payments due to grantees at the end of the fiscal year but not paid prior to the beginning of the
subsequent fiscal year.
New York State Affordable Housing Corporation
Condensed Statements of Revenues, Expenses and Changes in Net Position
(in thousands)
Fiscal Year Ended March 31, % Change
2020 2019 2018 2020‐19 2019‐18
Operating Revenues:
State Appropriation funds
received for Housing Grants
and Administrative Fees $ 29,275 $ 28,264 $ 29,613 3% (5%)
State funds received for
Flood Relief Program
17,240
48,000
18,000 (64%)
167%
Repayment and Recaptured Funds
Received from Homeowners
and Grantees 3,180 2,940 2,436 8% 21%
Transfer from the New York State
Housing Finance Agency 2,782 2,313 1,809 20% 28%
Investment Income and Net Change
in the Fair Value of Investments 24 14 20 71% (30%)
Operating Expenses:
Housing Grants (28,344) (30,313) (32,824) (6%) (8%)
Flood Relief Program (17,650) (49,825) (18,675) (64%) 167%
Salaries and Other
Operating Expenses (2,694) (2,597) (2,653) 4% (2%)
Increase (Decrease) in Restricted Net
Position $ 3,813 $ (1,204) $ (2,274)
417%
(47%)
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Operating Revenues
State Appropriation funds received for Housing Grants and Administrative Fees
The Corporation draws down State Appropriation funds at the time such funds are required to be
disbursed to grantees. Appropriation funds drawn down from the State increased from $28.3 million in
fiscal 2019 to $29.3 million in fiscal 2020, an increase of approximately $1 million or 3%, primarily as a
result of timing of disbursements to grantees. This compares with a decrease from $29.6 million in fiscal
2018 to $28.3 million in fiscal 2019, a decrease of approximately $1.3 million or 5%.
State Appropriation funds received for Flood Recovery Program
During the current fiscal year, the Corporation received $17.2 million in flood relief funds to service the
Lake Ontario Homeowner Recovery Assistance Program.
Repayment Funds Received from Homeowners and Grantees
Homeowners receiving a grant from the Corporation to assist in the purchase of their home are required
to occupy the home as their principal place of residence for the period specified under the terms and
conditions of the Corporation’s Note and Mortgage. If the home is not occupied for the specified period,
the grant funds received by the homeowner towards the purchase or improvement of their home are
required to be repaid. The repayment amount due is based on a formula established by the Corporation.
The amount of the repayment due to the Corporation declines during the term of the Note and
Mortgage. Once the homeowner occupies the home as their principal place of residence for the period
specified, a repayment is no longer required.
In addition, when homeowners borrow funds against the equity in their home, a repayment may be
required.
Repayment funds received from homeowners and grantees increased from $2.9 million in fiscal 2019 to
$3.2 million in fiscal 2020, an increase of approximately $240 thousand or 8%. This compares with an
increase from $2.4 million in fiscal 2018 to $2.9 million in fiscal 2019, an increase of approximately $500
thousand or 20%.
Transfer from the New York State Housing Finance Agency
During fiscal 2020, a payable has accumulated from the Corporation to the Agency representing the
funds the Agency has advanced to the Corporation to cover expenses. The Corporation does not have
sufficient funds to repay the accumulated amount due to the Agency. Since the Corporation is a
subsidiary of the Agency, the Agency transferred funds in the amount of $2.8 million in fiscal 2020
compared with $2.3 million in fiscal 2019, an increase of approximately $500 thousand or 20% covering
the accumulated payable as of the end of the Agency’s most recent fiscal year ends, October 31, 2020 and
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2019. The increase was a result of increased personnel costs. This compares with an increase from $1.8
million in fiscal 2018 to $2.3 in fiscal 2019 an increase of approximately $500 thousand or 28%.
Operating Expenses
Housing Grants Expense
Housing Grants Expense represents the amount of awarded funds paid during the fiscal year. The
awarded funds are not approved for payment until such funds are required by the individual grantees.
Since the disbursement of individual awarded funds can overlap fiscal years, there are timing differences
between grants awarded and housing grant expenses.
Housing grant expense fluctuates from year to year resulting from the timing of the payment of awarded
funds to grantees. Housing Grant Expense decreased from $30.3 million in fiscal 2019 to $28.3 million in
fiscal 2020, a decrease of approximately $2 million or 6%. This compares with a decrease from $32.8
million in fiscal 2018 to $30.3 million fiscal 2019, a decrease of approximately $2.5 million or 8%.
See the charts below for details:
Flood Recovery Program
During fiscal 2020, $17.7 million was expended towards the Flood Recovery Program. This represents a
decrease of approximately $31.1 million as compared with fiscal year 2019 disbursements that amounted
to $49.8 million.
$32,824,000
$30,313,000
$28,344,000
Fiscal 2018 Fiscal 2019 Fiscal 2020
Total Housing Grant Expense
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Salaries and Other Operating Expenses
Salaries and other expenses allocated to the Corporation increased from $2.6 million in fiscal 2019 to $2.7
million in fiscal 2020, an increase of approximately $100 thousand or 4%. This is primarily due to staffing
previously vacant positions in the agency. This compares with a decrease from $2.7 million in fiscal year
2018 to $2.6 million in fiscal year 2019, a decrease of approximately $100 thousand or 4%.
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NEW YORK STATE AFFORDABLE HOUSING CORPORATION
(A Component Unit of the State of New York)
STATEMENTS OF NET POSITION
March 31,
2020 2019
(in thousands)
Assets
Current assets
Cash $ 8,893 $ 4,973
Administrative fee receivable 750 ‐
Total current assets 9,643 4,973
Total assets 9,643 4,973
Liabilities
Current liabilities
Payable to the New York State Housing
Finance Agency
Housing grants payable
Accrued expenses
2,350
281
74
815
978
55
Total liabilities 2,705 1,848
Net position
Restricted for program grants $ 6,938 $ 3,125
See notes to financial statements.
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NEW YORK STATE AFFORDABLE HOUSING CORPORATION
(A Component Unit of the State of New York)
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
Fiscal Year Ended March 31,
2020 2019
(In thousands)
Operating revenues
State Appropriation funds received for:
Housing grants $ 29,275
$ 27,514
Flood Relief Program 17,240 48,000
Administrative fees ‐ 750
Repayment funds received from homeowners 3,033 2,442
Recaptured funds returned by grantees 147 498
Investment income 24 14
Total operating revenues 49,719
79,218
Operating expenses
Housing grants 28,344 30,313
Flood Relief Program 17,650 49,825
Administrative salaries 2,644 2,547
Other administrative expenses 50 50
Total operating expenses 48,688 82,735
Operating gain (loss) 1,031
(3,517)
Transfer from the New York State Housing Finance Agency 2,782 2,313
Change in net position 3,813 (1,204)
Total net position ‐ beginning of fiscal year 3,125 4,329
Total net position ‐ end of fiscal year $ 6,938 $ 3,125
See notes to financial statements.
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NEW YORK STATE AFFORDABLE HOUSING CORPORATION
(A Component Unit of the State of New York)
STATEMENTS OF CASH FLOWS
Fiscal Year Ended March 31,
2020 2019
(in thousands)
Cash flows from operating activities
State Appropriation funds received for
Housing grants, flood and administrative fees $ 29,275 $ 28,264
Housing grants (29,041) (29,477)
State funds received for Flood Relief Program 17,240 48,000
Expenditures of Funds received from State for Flood Relief
Program (17,650) (49,825)
Repayment and Recaptured funds received
by homeowners and returned by grantees 3,180 2,940
Net administrative expenses paid 894 (829)
Net cash provided by (used in) operating activities 3,898 (927)
Cash flows from investing activities
Investment income 22 14
Net cash provided by investing activities 22 14
Net increase (decrease) in cash 3,920 (913)
Cash at beginning of fiscal year 4,973 5,886
Cash at end of fiscal year $ 8,893 $ 4,973
Reconciliation of operating
Gain(loss) to net cash used in operating activities
Operating gain $ 1,031 $ (3,517)
Adjustments to reconcile operating gain(loss) to net cash
provided by (used in) operating activities:
Transfer from The New York State Housing Finance Agency 2,782 2,313
Investment income (24) (14)
Changes in Assets and Liabilities:
Administrative fee receivable (750) ‐
Payable to the New York State Housing Finance
Agency 1,537 (544)
Housing grants payable (697) 835
Accrued expenses 19 ‐
Net cash provided by (used in) operating activities $ 3,898 $ (927)
See notes to financial statements.
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NOTES TO FINANCIAL STATEMENTS
MARCH 31, 2020 AND 2019
1. THE CORPORATION
The New York State Affordable Housing Corporation (the ʺCorporationʺ) was established under
the provisions of the New York State (the ʺStateʺ) Private Housing Finance Law, as amended in
1985, and began operations on April 1, 1985. The Corporation is a public benefit Corporation of
the State of New York and a subsidiary of the New York State Housing Finance Agency (the
“Agency”). The Corporation does not have financial accountability to the Agency under the
criteria set forth in Governmental Accounting Standards Board (“GASB”) Statement No. 61, The
Financial Reporting Entity: Omnibus (“GASB No. 61”). Accordingly, it is not a component unit of
the Agency and therefore, the financial activities of the Corporation are not included in the
Agency’s financial statements, but instead is included in the Stateʹs financial statements as a
component unit for reporting purposes.
The purpose of the Corporation is to promote homeownership by providing financial assistance,
leveraged by other public and private investments, for the acquisition, construction,
rehabilitation and improvement of owner‐occupied housing. Funding is provided through
appropriations received from the State. From inception through March 31, 2020, the State has
appropriated in excess of $972.8 million for the Corporationʹs purposes.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Accounting ‐ The Corporation utilizes the accrual basis of accounting wherein revenues
are recognized when earned and expenses when incurred.
Investment Income ‐ Investment income is accrued and recognized as revenue when earned.
Revenue and Expense Classification ‐ Operating revenue consists primarily of funds
appropriated by the State for housing grants, repayment funds received from homeowners,
recaptured funds returned by grantees, investment income, the administrative fee, and flood
recovery dollars received from the State. Revenue is accrued and recognized when earned.
Operating expenses include housing grant, and flood recovery expenses, administrative salaries
and other administrative expenses.
3. SERVICE AGREEMENT
The Corporation has an agreement with the Agency whereby the Agency provides managerial,
administrative and financial services to the Corporation. Pursuant to this agreement, the
Corporation was charged approximately $2.6 million for various expenses, including salaries, in
both fiscal years 2020 and 2019. As the Corporation has not had sufficient funds to repay the
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accumulated amount due to the Agency, the Agency contributed $2.8 million and $2.3 million for
the years ended March 31, 2020 and 2019, respectively, to fund such costs.
4. DEPOSITS
At March 2020 and 2019, collateralized deposits amounted to $8.9 million and $5 million,
respectively.
5. RETIREMENT BENEFITS
Retirement Benefits and Other Postemployment Benefits (“OPEB”) ‐ The Corporation’s State
employees’ retirement system costs and health care costs are billed directly to the Agency. As a
result, the Agencyʹs actuarial valuations include the Corporation’s obligation for these benefits.
The Agencyʹs annual pension and OPEB expense includes the portion allocated to the
Corporation. The service agreement between the Agency and the Corporation provides for an
allocation of these costs to the Corporation, representing its share of the billed amount. The
Corporation is not allocated a portion of liabilities associated with these benefits as the plans are
sponsored by the Agency.
6. COMMITMENTS
As of March 31, 2020 and 2019, the Corporation was committed to fund approximately $63.7
million and $65.4 million, respectively, under approved grant agreements. The grants will be
funded over the next several years through appropriations approved by the State but not yet
drawn down by the Corporation together with funds on deposit as of March 31, 2020.
7. CONTINGENCIES
In the ordinary course of business, the Corporation is party to various administrative and legal
proceedings. While the ultimate outcome of these matters cannot presently be determined, it is
the Corporation’s opinion that the resolution of these matters will not have a material effect on
its financial condition.
* * * * *
DRAFT 6/4/20
16
A RESOLUTION OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
REVIEWING AND APPROVING AUDITED FINANCIAL STATEMENTS FOR
FISCAL YEAR 2019-20
WHEREAS, the New York State Affordable Housing Corporation (“Corporation”)
annually prepares financial statements of operations; and
WHEREAS, the Corporation has engaged Ernst & Young LLP (“E&Y”) to serve as
the Corporation’s Independent Auditor for the period under consideration; and
WHEREAS, one of the functions of the Independent Auditor is to audit the
Corporation’s financial statements and provide an Independent Auditors’ Report on the
financial statements; and
WHEREAS, E&Y has provided the Corporation with its Independent Auditors’
Report on such financial statements; and
WHEREAS, the Audit Committee has reviewed the financial statements of the
Corporation, and reviewed the Independent Auditors’ Report, together with the Schedule
of Investments submitted in conjunction therewith, and recommends the approval thereof
by the Members of the Corporation, now therefore, be it
RESOLVED, by the Members as follows:
Section 1. The audited financial statements of the Corporation for the period from
April 1, 2019 to March 31, 2020, together with the Independent Auditors’ Report thereon
and the Schedule of Investments submitted in conjunction therewith, are hereby reviewed
and approved.
Section 2. This resolution shall take effect immediately.
ITEM 10:
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Linda S. Manley TO: AHC Members
Senior Vice President and Counsel
SUBJECT: Adoption of Resolution Approving Public Authorities Reporting
Information System (PARIS) Annual Report Filing for AHC
In order to implement separate reporting requirements found in the Public Authorities
Accountability Act of 2005, as amended (the “Act”) and in Regulations of the State Comptroller
found in Sections 201, 203 and 204 of Title 2 of the NYCRR (the “Comptroller Regulations”),
the Comptroller’s Office and the Authority Budget Office, the agency that oversees compliance
with the Act, have worked together to create a Public Authorities Reporting Information System
(“PARIS”) which requires authorities to comply with the reporting requirements of the Act and
the Comptroller Regulations by inputting the information using the PARIS on-line reporting
system.
Section 2800 of the Public Authorities Law requires that public authorities prepare annual
reports within ninety (90) days of the end of their fiscal years to provide systematic information
regarding their status and activities. The Comptroller Regulations similarly require that public
authorities report to the State Comptroller on various aspects of their operations.
The PARIS system has been created to avoid duplication of reporting by authorities
seeking to comply with Section 2800 of the Public Authorities Law and the State Comptroller
Regulations. PARIS is intended to provide a comprehensive on-line reporting system to
combine the data required to be provided under both sets of requirements in one common
reporting format.
The Corporation’s filing of its annual report under PARIS for the fiscal year ending
March 31, 2020 is before the Members for approval. The provisions of PARIS require that the
information filed by the Corporation, as part of its annual report filing under Section 2800 of the
Public Authorities Law, be presented to and accepted by the Corporation’s Members. The
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
information to be filed under PARIS includes the information required under Section 2800 of the
Public Authorities Law, as well as certain additional information required by the Office of the
State Comptroller.
The following information is to be reported: (1) a report on the Corporation’s operations
and accomplishments; (2) an assessment of the effectiveness of the Corporation’s internal
controls; (3) certain information relating to the Corporation’s Internal Control Officer and his
department; (4) the Corporation’s organization chart; (5) certain Board Member information
(appointment date, expiration date, compliance with respect to ethics training, and whether
Members hold appointive or elective office or municipal positions); (6) salary information for all
employees; (7) a list of benefits provided to Board Members and employees; (8) certain debt
issuance information (including bonds issued, costs of issuance data, and bonds retired); (9) real
property transactions; (10) certain summary financial information, including receipts and
disbursements, as well as assets and liabilities; (11) audit report, management letter and report on
internal controls; (12) annual procurement report; (13) investment information; (14) the
Corporation’s Code of Ethical Conduct; and (15) certain governance related information (types
of committees, by-laws, various policies).
The Corporation’s CEO, CFO, or another designated officer is required to certify that the
PARIS submission of information items (1), (2), (6), (7), (8), (9), (10) and (14) above is
complete and has been prepared in conformity with the appropriate sections of the law. The
certification will state that to the best of the officer’s knowledge and belief, after reasonable
inquiry, that the information contained in the submission is accurate and correct. The
certification will also state that the information has been presented to and accepted by the
Corporation’s Members.
In addition, as a result of the 2009 amendments to the Act, certain additional information
is now included within the report: (a) the Corporation’s mission statement and performance
measurement report; (b) audited financials reported in GAAP format; (c) grant and subsidy
programs; (d) current bond ratings and any changes thereto; (e) long-term liabilities, leases and
employee benefit plans; (f) biographical information for all Board Members and for certain
employees; (g) the Corporation’s enabling legislations; (h) number of employees; (i) the
Corporation’s charter and by-laws; (j) list of material changes; (k) a four year financial plan; (l)
the current and projected capital budget; (m) an analysis and measurement of financial and
operating performance; (n) certain board information (list of meetings, attendance, names of
committees, board performance evaluations); and (o) pending litigation.
A copy of the information that will be submitted in PARIS is attached for the review and
approval of the Members. The PARIS submission of information item (6) will be provided to
the Members in their folder on the day of the meeting.
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
ANDREW M. CUOMO Governor
RUTHANNE VISNAUSKAS Commissioner/CEO
June 4, 2020
FROM: Linda S. Manley TO: AHC Members
Senior Vice President and Counsel
SUBJECT: Adoption of Resolution Approving Public Authorities Reporting
Information System (PARIS) Annual Report Filing for AHC
In order to implement separate reporting requirements found in the Public Authorities
Accountability Act of 2005, as amended (the “Act”) and in Regulations of the State Comptroller
found in Sections 201, 203 and 204 of Title 2 of the NYCRR (the “Comptroller Regulations”),
the Comptroller’s Office and the Authority Budget Office, the agency that oversees compliance
with the Act, have worked together to create a Public Authorities Reporting Information System
(“PARIS”) which requires authorities to comply with the reporting requirements of the Act and
the Comptroller Regulations by inputting the information using the PARIS on-line reporting
system.
Section 2800 of the Public Authorities Law requires that public authorities prepare annual
reports within ninety (90) days of the end of their fiscal years to provide systematic information
regarding their status and activities. The Comptroller Regulations similarly require that public
authorities report to the State Comptroller on various aspects of their operations.
The PARIS system has been created to avoid duplication of reporting by authorities
seeking to comply with Section 2800 of the Public Authorities Law and the State Comptroller
Regulations. PARIS is intended to provide a comprehensive on-line reporting system to
combine the data required to be provided under both sets of requirements in one common
reporting format.
The Corporation’s filing of its annual report under PARIS for the fiscal year ending
March 31, 2020 is before the Members for approval. The provisions of PARIS require that the
information filed by the Corporation, as part of its annual report filing under Section 2800 of the
Public Authorities Law, be presented to and accepted by the Corporation’s Members. The
641 Lexington Ave, New York, NY 10022 │www.nyshcr.org
information to be filed under PARIS includes the information required under Section 2800 of the
Public Authorities Law, as well as certain additional information required by the Office of the
State Comptroller.
The following information is to be reported: (1) a report on the Corporation’s operations
and accomplishments; (2) an assessment of the effectiveness of the Corporation’s internal
controls; (3) certain information relating to the Corporation’s Internal Control Officer and his
department; (4) the Corporation’s organization chart; (5) certain Board Member information
(appointment date, expiration date, compliance with respect to ethics training, and whether
Members hold appointive or elective office or municipal positions); (6) salary information for all
employees; (7) a list of benefits provided to Board Members and employees; (8) certain debt
issuance information (including bonds issued, costs of issuance data, and bonds retired); (9) real
property transactions; (10) certain summary financial information, including receipts and
disbursements, as well as assets and liabilities; (11) audit report, management letter and report on
internal controls; (12) annual procurement report; (13) investment information; (14) the
Corporation’s Code of Ethical Conduct; and (15) certain governance related information (types
of committees, by-laws, various policies).
The Corporation’s CEO, CFO, or another designated officer is required to certify that the
PARIS submission of information items (1), (2), (6), (7), (8), (9), (10) and (14) above is
complete and has been prepared in conformity with the appropriate sections of the law. The
certification will state that to the best of the officer’s knowledge and belief, after reasonable
inquiry, that the information contained in the submission is accurate and correct. The
certification will also state that the information has been presented to and accepted by the
Corporation’s Members.
In addition, as a result of the 2009 amendments to the Act, certain additional information
is now included within the report: (a) the Corporation’s mission statement and performance
measurement report; (b) audited financials reported in GAAP format; (c) grant and subsidy
programs; (d) current bond ratings and any changes thereto; (e) long-term liabilities, leases and
employee benefit plans; (f) biographical information for all Board Members and for certain
employees; (g) the Corporation’s enabling legislations; (h) number of employees; (i) the
Corporation’s charter and by-laws; (j) list of material changes; (k) a four year financial plan; (l)
the current and projected capital budget; (m) an analysis and measurement of financial and
operating performance; (n) certain board information (list of meetings, attendance, names of
committees, board performance evaluations); and (o) pending litigation.
A copy of the information that will be submitted in PARIS is attached for the review and
approval of the Members. The PARIS submission of information item (6) will be provided to
the Members in their folder on the day of the meeting.
Annual Report for New York State Affordable Housing Corporation Run Date: 06/02/2020
Fiscal Year Ending: 03/31/2020Status: UNSUBMITTEDCertified Date:N/A
Page 1 of 18
Governance Information (Authority-Related) Question Response URL (if Applicable)1. Has the Authority prepared its annual report on operations and accomplishments for the reporting period as required by section
2800 of PAL?Yes https://hcr.ny.gov/governance
2. As required by section 2800(9) of PAL, did the Authority prepare an assessment of the effectiveness of its internal controls? Yes https://hcr.ny.gov/governance
3. Has the Authority named an internal control officer in accordance with section 2931 of PAL? Yes N/A
4. Please enter the number of staff assigned the internal control function. 2 N/A
5. Has the lead audit partner for the independent audit firm changed in the last five years in accordance with section 2802(4) of PAL?
Yes N/A
6. Does the independent auditor provide non-audit services to the Authority? No N/A
7. Does the Authority have an organization chart? No
8. Are any Authority staff also employed by another government agency? Yes HFA, SONYMA, TSFC, MBBA, HTFC, DHCR
9. Has the Authority posted their mission statement to their website? Yes https://hcr.ny.gov/governance
10. Has the Authority's mission statement been revised and adopted during the reporting period? Yes N/A
11. Attach the Authority's measurement report, as required by section 2824-a of PAL and provide the URL. https://hcr.ny.gov/governance
12. Has the Authority adopted a lobbying policy in accordance with section 2987 of PAL? Yes https://hcr.ny.gov/governance
Lobbying officer name Alejandro J. Valella
N/A
13. Has the Authority maintained a record of all lobbying contacts during the reporting period, as required by section 2987 of PAL? Yes N/A
Annual Report for New York State Affordable Housing Corporation Run Date: 06/02/2020
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Page 2 of 18
Governance Information (Board-Related)Question Response URL (if Applicable)1. Has the Board established a Governance Committee in accordance with Section 2824(7) of PAL? Yes N/A
2. Has the Board established an Audit Committee in accordance with Section 2824(4) of PAL? Yes N/A
3. Has the Board established a Finance Committee in accordance with Section 2824(8) of PAL? No N/A
4. Provide a URL link where a list of Board committees can be found (including the name of the committee and the date established):
https://hcr.ny.gov/governance
5. Does the majority of the Board meet the independence requirements of Section 2825(2) of PAL? Yes N/A
6. Provide a URL link to the minutes of the Board and committee meetings held during the covered fiscal year https://hcr.ny.gov/governance
7. Has the Board adopted bylaws and made them available to Board members and staff? Yes https://hcr.ny.gov/governance
8. Has the Board adopted a code of ethics for Board members and staff? Yes https://hcr.ny.gov/governance
9. Does the Board review and monitor the Authority's implementation of financial and management controls? Yes N/A
10. Does the Board execute direct oversight of the CEO and management in accordance with Section 2824(1) of PAL? Yes N/A
11. Has the Board adopted policies for the following in accordance with Section 2824(1) of PAL?
Salary and Compensation Yes N/A
Time and Attendance Yes N/A
Whistleblower Protection Yes N/A
Defense and Indemnification of Board Members Yes N/A
12. Has the Board adopted a policy prohibiting the extension of credit to Board members and staff in accordance with Section 2824(5) of PAL?
Yes N/A
13. Are the Authority's Board members, officers, and staff required to submit financial disclosure forms in accordance with Section 2825(3) of PAL?
Yes N/A
14. Was a performance evaluation of the board completed? Yes N/A
15. Was compensation paid by the Authority made in accordance with employee or union contracts? Yes N/A
16. Has the board adopted a conditional/additional compensation policy governing all employees? No
Annual Report for New York State Affordable Housing Corporation Run Date: 06/02/2020
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Page 3 of 18
Board of Directors Listing
Name Adams, Kenneth G Nominated By Governor
Chair of the Board Yes Appointed By Governor
If yes, Chair Designated by Governor Confirmed by Senate? Yes
Term Start Date 6/20/2017 Has the Board Member/Designee Signed the Acknowledgement of Fiduciary Duty?
Yes
Term Expiration Date 01/01/2018 Complied with Training Requirement of Section 2824?
Yes
Title Does the Board Member/Designee also Hold an Elected or Appointed State Government Position?
No
Has the Board Member Appointed a Designee?
Does the Board Member/Designee also Hold an Elected or Appointed Municipal Government Position?
No
Designee Name Ex-Officio
Name Miller, Joyce L Nominated By Governor
Chair of the Board No Appointed By Governor
If yes, Chair Designated by Confirmed by Senate? Yes
Term Start Date 6/19/2013 Has the Board Member/Designee Signed the Acknowledgement of Fiduciary Duty?
Yes
Term Expiration Date 01/01/2015 Complied with Training Requirement of Section 2824?
Yes
Title Does the Board Member/Designee also Hold an Elected or Appointed State Government Position?
Yes
Has the Board Member Appointed a Designee?
Does the Board Member/Designee also Hold an Elected or Appointed Municipal Government Position?
No
Designee Name Ex-Officio
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Page 4 of 18
Name Mujica Jr., Robert F Nominated By Ex-Officio
Chair of the Board No Appointed By Ex-Officio
If yes, Chair Designated by Confirmed by Senate? N/A
Term Start Date 1/13/2016 Has the Board Member/Designee Signed the Acknowledgement of Fiduciary Duty?
Yes
Term Expiration Date Ex-Officio Complied with Training Requirement of Section 2824?
Yes
Title Director Does the Board Member/Designee also Hold an Elected or Appointed State Government Position?
Yes
Has the Board Member Appointed a Designee?
Yes Does the Board Member/Designee also Hold an Elected or Appointed Municipal Government Position?
No
Designee Name Jesse Olczak Ex-Officio Yes
Name Schmidt, Michael R Nominated By Ex-Officio
Chair of the Board No Appointed By Ex-Officio
If yes, Chair Designated by Confirmed by Senate? N/A
Term Start Date 1/14/2019 Has the Board Member/Designee Signed the Acknowledgement of Fiduciary Duty?
Yes
Term Expiration Date Ex-Officio Complied with Training Requirement of Section 2824?
Yes
Title Commissioner of Taxation and Finance Does the Board Member/Designee also Hold an Elected or Appointed State Government Position?
Yes
Has the Board Member Appointed a Designee?
Yes Does the Board Member/Designee also Hold an Elected or Appointed Municipal Government Position?
No
Designee Name Christopher Curtis Ex-Officio Yes
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Page 5 of 18
Name Vacant Nominated By Governor
Chair of the Board Appointed By Governor
If yes, Chair Designated by Confirmed by Senate?
Term Start Date Has the Board Member/Designee Signed the Acknowledgement of Fiduciary Duty?
Term Expiration Date Complied with Training Requirement of Section 2824?
Title Does the Board Member/Designee also Hold an Elected or Appointed State Government Position?
Has the Board Member Appointed a Designee?
Does the Board Member/Designee also Hold an Elected or Appointed Municipal Government Position?
Designee Name Ex-Officio
Name Visnauskas, RuthAnne Nominated By Ex-Officio
Chair of the Board No Appointed By Ex-Officio
If yes, Chair Designated by Confirmed by Senate? N/A
Term Start Date 2/17/2017 Has the Board Member/Designee Signed the Acknowledgement of Fiduciary Duty?
Yes
Term Expiration Date Ex-Officio Complied with Training Requirement of Section 2824?
Yes
Title Commissioner Does the Board Member/Designee also Hold an Elected or Appointed State Government Position?
Yes
Has the Board Member Appointed a Designee?
No Does the Board Member/Designee also Hold an Elected or Appointed Municipal Government Position?
No
Designee Name Ex-Officio Yes
Annual Report for New York State Affordable Housing Corporation Run Date: 06/02/2020
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Page 6 of 18
Staff Listing
Name Title Group Department/Subsidiary
Union Name
Bargaining Unit Name
Full Time/Part Time
Exempt Base AnnualizedSalary
Actual Salary Paid to the Individual
Overtime Paid by Authority
Performance Bonus
Extra Pay Other Compensation/Allowances/Adjustments
Total Compensation
Individual also paid by another entity to Perform the Work of Authority
If Yes, Is the Payment madeby State or Local Government
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Page 7 of 18
Benefit Information
During the fiscal year, did the authority continue to pay for any of the above mentioned benefits forformer staff or individuals affiliated with the Authority after those individuals left the Authority?
Board MembersName Title Severance
PackagePayment forUnused Leave
Club Memberships
Use of Corporate Credit Cards
Personal Loans
Auto Transportation Housing Allowance
Spousal / Dependent Life Insurance
Tuition Assistance
Multi-YearEmployment
None of these Benefits
Other
Adams, Kenneth G Board of Directors
Curtis, Christopher Board of Directors
Miller, Joyce L Board of Directors
Mujica Jr., Robert F Board of Directors
Olczak, Jesse Board of Directors
Schmidt, Michael R Board of Directors
Vacant Board of Directors
Visnauskas, RuthAnne
Board of Directors
StaffName Title Severance
PackagePayment for Unused Leave
Club Memberships
Use of Corporate Credit Cards
Personal Loans
Auto Transportation Housing Allowance
Spousal / Dependent Life Insurance
Tuition Assistance
Multi-YearEmployment
None of these Benefits
Other
Abrams, Alexander Vice President for Portfolio Management
Archer, Clifford Vice President
Bocina, Joan S Sr. Associate Counsel
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Page 8 of 18
Name Title SeverancePackage
Payment for Unused Leave
Club Memberships
Use of Corporate Credit Cards
Personal Loans
Auto Transportation Housing Allowance
Spousal / Dependent Life Insurance
Tuition Assistance
Multi-YearEmployment
None of these Benefits
Other
Boody, Thomas T Vice President/ Development Manager
Cabrera, Lillian Sr. Executive Assistant
Chan, Jimmy D Senior Network Engineer
Chang, Elaine M Assistant Vice President
Davis, Brooke Deputy Counsel/Policy
Dilan, Jose Vice President
Ellis, Gerrald A Assistant Counsel
Fanelli, Daniel Senior Java Developer
Farina, Gabrielle Associate Counsel/Ethics Officer
Flanders, Veronica M AVP/Director
Gruenfeld, Leonard Director of Underwriting
Hall, Lesley A Assistant Counsel/FOIL
Johnson, Darryl A Deputy CFO
Jones-Cimini, Ira M Supervising Project Underwriting & Design Speciali
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Name Title SeverancePackage
Payment for Unused Leave
Club Memberships
Use of Corporate Credit Cards
Personal Loans
Auto Transportation Housing Allowance
Spousal / Dependent Life Insurance
Tuition Assistance
Multi-YearEmployment
None of these Benefits
Other
Kwa, Dwight Associate Counsel
Ligon, Dorothy Mae Senior Programmer Analyst
Macre, Brian Senior ProgramAnalyst
Malanowski, James Speechwriter
Marnell, Kathryn E AVP
Martello, Dominic A VP/Special Program Development
Mathew, Trino Database Administrator
McGill, Margaret L VP/Counsel to MIF
Molinaro, Valerie A Associate/FOIL Counsel
Oberstein, Janet VP/Control Officer
Okusanya, Michelle M
AVP/Deputy Treasurer
Pearson, Jason R VP, Director of Multifamily Programs & Operations
Sedney, Leonard G AVP/CES
Stern, Susan M Associate Counsel
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Subsidiary/Component Unit Verification
Name of Subsidiary/Component Unit Status
Request Subsidiary/Component Unit Change
Name of Subsidiary/Component Unit Status Requested Changes
Request Add Subsidiaries/Component Units
Name of Subsidiary/Component Unit Establishment Date Purpose of Subsidiary/Component Unit
Request Delete Subsidiaries/Component Units
Name of Subsidiary/Component Unit Termination Date Reason for Termination Proof of Termination Document Name
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Page 11 of 18
Summary Financial Information SUMMARY STATEMENT OF NET ASSETS
Amount Assets
Current Assets
Cash and cash equivalents $0.00
Investments $0.00
Receivables, net $0.00
Other assets $0.00
Total Current Assets $0.00
Noncurrent Assets
Restricted cash and investments
$0.00
Long-term receivables, net $0.00
Other assets $0.00
Capital Assets
Land and other nondepreciable property
$0.00
Buildings and equipment $0.00
Infrastructure $0.00
Accumulated depreciation $0.00
Net Capital Assets $0.00
Total Noncurrent Assets $0.00
Total Assets $0.00
Liabilities
Current Liabilities
Accounts payable $0.00
Pension contribution payable $0.00
Other post-employment benefits
$0.00
Accrued liabilities $0.00
Deferred revenues $0.00
Bonds and notes payable $0.00
Other long-term obligations due within one year
$0.00
Total Current Liabilities $0.00
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Page 12 of 18
Noncurrent Liabilities
Pension contribution payable $0.00
Other post-employment benefits
$0.00
Bonds and notes payable $0.00
Long Term Leases $0.00
Other long-term obligations $0.00
Total Noncurrent Liabilities $0.00
Total Liabilities $0.00
Net Asset (Deficit)
Net Assets
Invested in capital assets, net of related debt
$0.00
Restricted $0.00
Unrestricted $0.00
Total Net Assets $0.00
SUMMARY STATEMENT OF REVENUE, EXPENSES AND CHANGES IN NET ASSETS Amount
Operating Revenues
Charges for services $0.00
Rental & financing income $0.00
Other operating revenues $0.00
Total Operating Revenue $0.00
Operating Expenses
Salaries and wages $0.00
Other employee benefits $0.00
Professional services contracts
$0.00
Supplies and materials $0.00
Depreciation & amortization $0.00
Other operating expenses $0.00
Total Operating Expenses $0.00
Operating Income (Loss) $0.00
Nonoperating Revenues
Investment earnings $0.00
State subsidies/grants $0.00
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Page 13 of 18
Federal subsidies/grants $0.00
Municipal subsidies/grants $0.00
Public authority subsidies $0.00
Other nonoperating revenues $0.00
Total Nonoperating Revenue $0.00
Nonoperating Expenses
Interest and other financingcharges
$0.00
Subsidies to other public authorities
$0.00
Grants and donations $0.00
Other nonoperating expenses $0.00
Total Nonoperating Expenses $0.00
Income (Loss) Before Contributions
$0.00
Capital Contributions $0.00
Change in net assets $0.00
Net assets (deficit) beginning of year
$3,125,000.00
Other net assets changes $0.00
Net assets (deficit) at end of year $0.00
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Current Debt
Question Response 1. Did the Authority have any outstanding debt, including conduit debt, at any point during the reporting period? 2. If yes, has the Authority issued any debt during the reporting period?
New Debt Issuances
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Page 15 of 18
Schedule of Authority Debt
Type of Debt Statutory Authorization Amount ($)
Begin Amount Total ($) New Debt Issuance ($) Amount Retired ($) End Amount Total ($)
State Obligation State Guaranteed State Obligation State Supported State Obligation State Contingent
Obligation State Obligation State Moral Obligation Other State-Funded Other State-Funded Authority Debt - General Obligation
Authority Debt - General Obligation
Authority Debt - Revenue Authority Debt - Revenue
Authority Debt - Other Authority Debt - Other Conduit Conduit Debt Conduit Conduit Debt - Pilot Increment Financing TOTALS
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Real Property Acquisition/Disposal ListThis Authority has indicated that it had no real property acquisitions or disposals during the reporting period.
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Personal Property Disposal This Authority has indicated that it had no personal property disposals during the reporting period.
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Fiscal Year Ending: 03/31/2020Status: UNSUBMITTEDCertified Date:N/A
Page 18 of 18
Property DocumentsQuestion Response URL (If Applicable) 1. In accordance with Section 2896(3) of PAL, the Authority is required to prepare a report at least annually of all real property of the
Authority. Has this report been prepared?Yes https://hcr.ny.gov/governance
2. Has the Authority prepared policies, procedures, or guidelines regarding the use, awarding, monitoring, and reporting of contracts for the acquisition and disposal of property?
Yes https://hcr.ny.gov/governance
3. In accordance with Section 2896(1) of PAL, has the Authority named a contracting officer who shall be responsible for the Authority's compliance with and enforcement of such guidelines?
Yes N/A
Additional Comments
AHC
Supporting Materials
AHC
Board Meetings and
Attendees
1
MINUTES OF THE MEMBERS MEETING OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON THURSDAY, APRIL 11, 2019 AT 9:15 A.M.
AT 25 BEAVER STREET
NEW YORK, NEW YORK 10004
MEMBERS AND DESIGNEES
Kenneth G. Adams Chairman
Nestor Davidson Member
RuthAnne Visnauskas Member
Jesse Olczak New York State Division of the Budget, representing Robert
Mujica, Budget Director, Member (via video conference)
Christopher Curtis New York State Taxation Department, representing the
Commissioner of Taxation and Finance.
Chairman Kenneth G. Adams presided over the meeting. Ms. Linda Manley, Senior Vice
President and Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget, and Ms. Linda Baldwin, representing Rossana
Rosado, the Secretary of State of New York State, participated via video conference from the
Capitol Building, Room 131, in Albany. Andrew San Filippo, representing the State Comptroller
is participating from the Agencies’ Buffalo regional Office at Electric Tower, 535 Washington
Street, Suite 105.
A public notice was given of the time and location of the venue in accordance with the
New York State Open Meetings Law.
Ms. Manley asked for motions and seconds to call to order the April 11, 2019 meetings
of the New York State Housing Finance Agency (“HFA”), the New York State Affordable
Housing Corporation (“AHC”), the State of New York Mortgage Agency (“SONYMA”), the
New York State Municipal Bond Bank Agency (“MBBA”), and the New York State Tobacco
Settlement Financing Corporation (“TSFC”), the State of New York Mortgage Agency Mortgage
Insurance Committee and the HFA Finance and Program Committee. Chairman Adams moved
to call the HFA and AHC meetings to order and Mr. Nestor Davidson seconded the motion. Mr.
Ballan moved to call the SONYMA meeting to order and Chairman Adams seconded the motion.
Mr. SanFilippo moved to call the MBBA and TSFC meetings to order and Ms. Baldwin seconded
the motion.
MINUTES OF THE DIRECTORS MEETINGS OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON THURSDAY, MAY 9, 2019 AT 9:15 A.M.
AT ITS OFFICES AT 641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
DIRECTORS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
Joyce Miller Member
Nestor Davidson Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Division of the Taxation & Finance,
representing Robert Mujica, Budget Director (via video
conference)
Chairman Kenneth G. Adams presided over the meeting. Chairman Adams opened the
meeting taking a moment to discuss the recent tragedy in Harlem wherein a mother and a number
of children died in an apartment fire. Chairman Adams offered a moment of silence and then
turned the meeting over to Alejandro Valella, Deputy General Counsel.
Mr. Valella noted that Commissioner Visnauskas was in Albany to appear before the New
York Senate and that, while available by phone for one hour, she was not technically participating
in the various board meetings. Mr. Valella also noted that Ms. Linda Manley, General Counsel to
HCR, was also participating by video from the Agency’s Hampton office accompanied by Betsy
Mallow. Mr. Valella noted that Mr. Jesse Olczak was appearing via video conference representing
Robert Mujica, Director of the New York State Division of the Budget, and that Mr. Andrew
SanFilippo was also appearing via video conference, representing the State of New York
Municipal Bond Bank Agency (“MBBA”), and the Tobacco Settlement Financing Corporation
(“TSFC”).
Mr. Valella asked for motions and seconds to call to order the Members’ and Directors’
meetings of the New York State Housing Finance Agency (“HFA”), the New York State
Affordable Housing Corporation (“AHC”), the State of New York Mortgage Agency
(“SONYMA”), the MBBA, and TSFC.
Mr. Valella asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Mr. Nestor Davidson seconded the motion.
MINUTES OF THE DIRECTORS MEETINGS OF THE NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON WEDNESDAY, AUGUST 7, 2019 AT 9:15 A.M. AT THE OFFICES OF DHCR AT 25 BEAVER STREET
NEW YORK, NEW YORK 10017
DIRECTORS AND DESIGNEES PRESENT: Kenneth G. Adams Chairman RuthAnne Visnauskas Commissioner, New York State Division of Housing and
Community Renewal Joyce Miller Member Jesse Olczak New York State Division of the Budget, representing Robert Mujica, Director (via video conference) Chris Curtis New York State Division of the Taxation & Finance, representing Robert Mujica, Budget Director
Chairman Kenneth G. Adams presided over the meeting. He thanked the Board members
for rearranging their schedules to attend this meeting, which was originally scheduled to be held in July.
Ms. Manley, Senior Vice President and noted that Jesse Olczak was appearing via video
conference representing Robert Mujica, Director of the New York State Division of the Budget from the New York State Division of the Budget conference center at the Capitol Building, Room 131 in Albany. She also noted that Betsy Mallow, the Agencies’ COO, was on via video from the Albany office.
Ms. Manley asked for motions and seconds to call to order the Members’ and Directors’
meetings of the New York State Housing Finance Agency (“HFA”), the New York State Affordable Housing Corporation (“AHC”), the State of New York Mortgage Agency (“SONYMA”) and the Mortgage Insurance Committee (MIC).
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Mr. Curtis seconded the motion. These minutes reflect only those items being considered by the AHC Board. A record of
items considered by the other Agencies is contained in the minutes of each of the Agencies. Chairman Adams stated that Ms. Visnauskas would make her President’s Report
MINUTES OF THE DIRECTORS MEETINGS OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON THURSDAY, SEPTEMBER 5, 2019 AT 9:00 A.M.
AT ITS OFFICES AT 25 BEAVER STREET
NEW YORK, NEW YORK 10004
DIRECTORS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
Nestor Davidson Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Division of the Taxation & Finance,
representing the Commissioner of Taxation & Finance
Chairman Kenneth Adams presided over the meeting. Ms. Linda Manley, Senior Vice
President and Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget, and Ms. Linda Baldwin, representing Rossana
Rosado, the Secretary of State of New York, participated via video conference from the Capitol
Building, Room 131, in Albany; and Andy San Filippo is participating from the Agencies’ Buffalo
regional Office at Electric Tower, 535 Washington Street, Suite 105.
Ms. Manley noted that these locations has been made public, and the public has the right
to attend and observe the proceedings from any location.
Ms. Manley asked for motions and seconds to call to order the September 5, 2019 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), the State of New York Mortgage Agency (SONYMA), the State of New York
Municipal Bond Bank Agency (MBBA), and the Tobacco Settlement Financing Corporation
(TSFC).
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Mr. Nestor Davidson seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Committee Member wished to record his or her vote
differently.
Ms. Visnauskas reported on the following information in her President’s report:
MINUTES OF THE DIRECTORS MEETINGS OF THE
NEW YORK STATE HOUSING FINANCE AGENCY
HELD ON THURSDAY, OCTOBER 10, 2019 AT 9:04 A.M.
AT ITS OFFICES AT 25 BEAVER STREET
NEW YORK, NEW YORK 10004
DIRECTORS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
RuthAnne Visnauskas Member
Nestor Davidson Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Christopher Curtis New York State Division of the Taxation & Finance,
representing the Commissioner of Taxation & Finance
Chairman Kenneth Adams presided over the meeting. Ms. Linda Manley, Senior Vice
President and Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget participated via video conference from the Capitol
Building, Room 131, in Albany.
Ms. Manley noted that this location has been made public, and the public has the right to
attend and observe the proceedings from that location.
Ms. Manley asked for motions and seconds to call to order the October 10, 2019 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC) and the State of New York Mortgage Agency (SONYMA).
Ms. Manley asked for a motion to call the meeting of the HFA Board to order, Chairman
Adams motioned to call the HFA Board to order and Mr. Nestor Davidson seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Committee Member wished to record his or her vote
differently.
MINUTES OF THE SPECIAL MEMBERS MEETING OF THE
NEW YORK STATE HOUSING FINANCE AGENCY
HELD ON MONDAY, OCTOBER 28, 2019 AT 9:30 A.M.
AT ITS OFFICES AT 641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
DIRECTORS AND DESIGNEES
PRESENT:
Nestor Davidson Acting Chairman
RuthAnne Visnauskas Member
Morris Peters New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Division of the Taxation & Finance,
representing the Commissioner of Taxation & Finance
Acting Chairman Nestor Davidson presided over the meeting. Ms. Linda Manley, Senior
Vice President and Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Morris Peters, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget participated via video conference from the Capitol
Building, Room 131, in Albany; Mr. Andrew A. SanFilippo attended the meeting via video at the
HCR Buffalo Regional Office located at Electric Tower, 535 Washington Street, Suite 105,
Buffalo; and Mr. Jonathan Ballan, Board member of SONYMA, was participating in the meetings
as a guest.
Ms. Manley noted that these locations has been made public, and the public has the right
to attend and observe the proceedings from any location.
Ms. Manley asked for motions and seconds to call to order the October 28, 2019 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), State of New York Municipal Bond Bank Agency (MBBA); and the Tobacco
Settlement Financing Corporation (TSFC).
Ms. Manley asked for a motion to call the meeting of the HFA Board to order, Acting
Chairman Nestor Davidson motioned to call the HFA Board to order and Ms. RuthAnne
Visnauskas seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Member wished to record his or her vote differently.
MINUTES OF THE DIRECTORS MEETINGS OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORAATION
HELD ON THURSDAY, NOVEMBER 7, 2019 AT 9:00 A.M.
AT ITS OFFICES AT 641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
DIRECTORS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
RuthAnne Visnauskas Commissioner of the New York State Division of Housing and
Community Renewal
Joyce Miller Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Division of the Taxation & Finance,
representing the Commissioner of Taxation & Finance
Chairman Kenneth Adams presided over the meeting. Ms. Linda Manley, Senior Vice
President and Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget, participated via video conference from the Capitol
Building, Room 131, in Albany; and Bethaida Gonzalez is participating from the Syracuse regional
Office at 620 Erie Boulevard, Suite 312.
Ms. Manley noted that these locations has been made public, and the public has the right
to attend and observe the proceedings from any location.
Ms. Manley asked for motions and seconds to call to order the November 7, 2019 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), the State of New York Mortgage Agency (SONYMA) and the HFA Finance
and Program Committee.
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Mr. Curtis seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Committee Member wished to record his or her vote
differently.
MINUTES OF THE SPECIAL MEMBERS MEETING OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON MONDAY, DECEMBER 9, 2019 AT 10:00 A.M.
AT ITS OFFICES AT 641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
DIRECTORS AND DESIGNEES
PRESENT:
Kenneth Adams Chairman
Nestor Davidson Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Division of the Taxation & Finance,
representing the Commissioner of Taxation & Finance
Chairman Adams presided over the meeting. Ms. Linda Manley, Senior Vice President and
Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Olczak, representing Mr. Robert F. Mujica, the Director of the
New York State Division of the Budget participated via video conference from the Capitol
Building, Room 131, in Albany, Mr. Andrew A. SanFilippo attended the meeting via video at the
HCR Buffalo Regional Office located at Electric Tower, 535 Washington Street, Suite 105,
Buffalo. Ms. Manley also noted that SONYMA Board members Mr. Ballan, Ms. Visnauskas and
Mr. Kapell are participating in the meeting as guests and their presence is not counted for quorum
or voting purpose.
Ms. Manley noted that these locations has been made public, and the public has the right
to attend and observe the proceedings from any location.
Ms. Manley asked for motions and seconds to call to order the December 9, 2019 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), State of New York Municipal Bond Bank Agency (MBBA); and the Tobacco
Settlement Financing Corporation (TSFC).
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Mr. Davidson seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Committee Member wished to record his or her vote
differently.
MINUTES OF THE DIRECTORS MEETING OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON THURSDAY, DECEMBER 12, 2019 AT 9:45 A.M.
641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10004
DIRECTORS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
RuthAnne Visnauskas Commissioner, New York State Division of Housing and
Community Renewal, Member (via video conference)
Nestor Davidson Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Division of the Taxation & Finance,
representing Robert Mujica, Budget Director, Member (via video
conference)
Chairman Adams presided over the meeting. Ms. Linda Manley, Senior Vice President and
Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget, Christopher Curtis, representing Michael Schmidt,
the Commissioner of Taxation and Finance, and RuthAnne Visnauskas, the Commissioner of the
New York State Division of Housing and Community Renewal, participated via video conference
from the New York State Division of Budget conference center at the Capitol Building, Room 131,
in Albany. Andrew San Filippo, representing the State Comptroller participated from the
Agencies’ Buffalo regional Office at Electric Tower, 535 Washington Street, Suite 105 .
Ms. Manley asked for motions and seconds to call to order the December 12, 2019 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), the State of New York Mortgage Agency (SONYMA), the New York State
Municipal Bond Bank Agency (MBBA) and the New York State Tobacco Settlement Financing
Corporation (TSFC).
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Mr. Davidson seconded the motion.
MINUTES OF THE DIRECTORS MEETINGS OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON THURSDAY, JANUARY 30, 2020 AT 10:15 A.M.
641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
DIRECTORS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
RuthAnne Visnauskas Commissioner, New York State Division of Housing and
Community Renewal, Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Division of the Taxation & Finance,
representing Robert Mujica, Budget Director, Member
Chairman Adams presided over the meeting. Ms. Linda Manley, Senior Vice President and
Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget and Andrew San Filippo, representing the State
Comptroller participated from the Agencies’ Buffalo regional Office at Electric Tower, 535
Washington Street, Suite 105.
Ms. Manley asked for motions and seconds to call to order the January 30, 2020 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), the State of New York Mortgage Agency (SONYMA), the New York State
Municipal Bond Bank Agency (MBBA) and the New York State Tobacco Settlement Financing
Corporation (TSFC).
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Ms. Visnauskas seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Committee Member wished to record his or her vote
differently.
Chairman Adams stated that Ms. Visnauskas would make her President’s Report.
Ms. Visnauskas reported that while this morning’s meeting is packed full of
administrative items including the review and approval of financial, investment and mission
statements, the Mortgage Insurance Committee will consider insurance for projects
MINUTES OF THE MEMBERS MEETINGS OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON THURSDAY, FEBRUARY 13, 2020 AT 9:15 A.M.
641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
MEMBERS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
RuthAnne Visnauskas Commissioner, New York State Division of Housing and
Community Renewal, Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Chris Curtis New York State Department of Taxation and Finance,
representing Michael R. Schmidt the Commissioner of Taxation &
Finance Member (via video conference)
Chairman Adams presided over the meeting. Ms. Linda Manley, Senior Vice President and
Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget and Chris Curtis, representing Michael R. Schmidt,
the Commissioner of Taxation & Finance, the Division of the Taxation & Finance, participated
via video conference from the Capitol Building, Room 131, in Albany.
Ms. Manley asked for motions and seconds to call to order the February 13, 2020 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), the State of New York Mortgage Agency (SONYMA), the New York State
Mortgage Insurance (MIC), and the New York State Housing Finance Agency Finance and
Program Committee (HFA Finance & Program).
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Ms. Visnauskas seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Committee Member wished to record his or her vote
differently.
Chairman Adams stated that Ms. Visnauskas would make her President’s Report.
MINUTES OF THE MEMBERS MEETINGS OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
HELD ON THURSDAY, MARCH 12, 2020 AT 9:00 A.M.
641 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
MEMBERS AND DESIGNEES
PRESENT:
Kenneth G. Adams Chairman
RuthAnne Visnauskas Commissioner, New York State Division of Housing and
Community Renewal, Member
Jesse Olczak New York State Division of the Budget,
representing Robert Mujica, Director (via video conference)
Christopher Curtis New York State Department of Taxation and Finance,
representing Michael R. Schmidt, the Commissioner of Taxation &
Finance Member
Chairman Adams presided over the meeting. Ms. Linda Manley, Senior Vice President and
Counsel to HCR, formally opened the meetings and acted as secretary.
Ms. Manley noted that Mr. Jesse Olczak, representing Mr. Robert F. Mujica, the Director
of the New York State Division of the Budget, participated via video conference from the Capitol
Building, Room 131, in Albany.
Ms. Manley asked for motions and seconds to call to order the March 12, 2020 meetings
of the New York State Housing Finance Agency (HFA), the New York State Affordable Housing
Corporation (AHC), the State of New York Mortgage Insurance Committee (MIC), and the New
York State Housing Finance Agency Finance and Program Committee (HFA Finance & Program).
Ms. Manley asked for a motion to call the meeting of the AHC Board to order, Chairman
Adams motioned to call the AHC Board to order and Ms. Visnauskas seconded the motion.
Ms. Manley noted that these motions and seconds would be used, unless specific items
called for a different vote, or unless any Committee Member wished to record his or her vote
differently.
Chairman Adams stated that Ms. Visnauskas would make her President’s Report.
Ms. Visnauskas reported that in addition to certain administrative items, the HFA
Members and the SONYMA Mortgage Insurance Committee will consider financing and/or
insurance for projects located in Brooklyn, Bronx, Orange, Onondaga and Suffolk Counties.
AHC
Biographical Information for
Members
RuthAnne Visnauskas
In February 2017, Governor Cuomo appointed RuthAnne Visnauskas, Commissioner of the New York State Division of Housing and Community Renewal. In March, 2017, Ms. Visnauskas was appointed as the President/CEO of the New York State Housing Finance Agency, the State of New York Mortgage Agency and the New York State Affordable Housing Corporation, the State agencies that comprise New York State Homes and Community Renewal (“HCR”).
RuthAnne previously served as HCR’s Executive Deputy Commissioner for Housing Development, where she was responsible for strategic leadership and oversight of multi-family housing finance programs, the State of New York Mortgage Agency (SONYMA), the Mortgage Insurance Fund (MIF), the Office of Community Renewal and the Office of Faith-Based Community Development Services.
Prior to joining HCR, RuthAnne was Managing Director of the Housing Advisory Board for the Robin Hood Foundation, New York's largest poverty-fighting organization. The Housing Advisory Board was established to fund initiatives to advance the quantity and quality of affordable housing for low-income New Yorkers.
RuthAnne held also several key positions at the New York City Department of Housing Preservation and Development (HPD), including the role of Commissioner from September 2014 to February 2015. HPD is the nation’s largest municipal housing agency, in charge of the development and preservation of affordable housing and the enforcement of the City’s Housing Maintenance Code.
Prior to taking the helm at HPD, RuthAnne served as Deputy Commissioner for Development, spearheading innovative development programs, including the Preserving City Neighborhoods (PCN) initiative, designed to purchase the notes of overleveraged buildings, and stabilize them by ultimately transferring them to responsible not-for-profit owners.
She received her Bachelor degree in Urban Studies from the University of Pennsylvania and holds a Master’s degree in Urban Planning from the Robert F. Wagner School of Public Service at New York University.
Ms. Visnauskas lives in Manhattan with her husband and three children.
Joyce L. Miller
Member, HFA and AHC Boards
Joyce L. Miller is the founder and CEO of Tier One Public Strategies, a
consulting firm founded in 2007 which provides in-depth public policy
analysis. At Tier One Public Strategies, Ms. Miller advises early-stage
and middle-market companies in the energy and environmental fields,
including a privately held independent power company that generates
one-fourth of New York City’s electric power; the Service Employees
International Union capital stewardship program; and the America-
Israel Chamber of Commerce. Prior to founding Tier One Public Strategies, Ms. Miller worked at
the Office of the New York City Comptroller, where she served as the Director of Economically
Targeted Investments and the Director of Real Estate Investment in the Bureau of Asset
Management, and at the City of New York Department of Housing Preservation and Development.
She is active in many civic organizations; among other positions, she is a trustee of the Citizens
Budget Commission and serves on the New York City Board of Directors of the National Jewish
Democratic Council.
Ms. Miller completed her undergraduate education at the City College of New York. She holds a
master’s degree in political science from Columbia University and an MBA from the New York
University Stern School of Business Administration.
Robert F. Mujica Jr. was appointed Director of the Budget by Governor Andrew Cuomo and began serving on January 14, 2016. He is responsible for the overall development and management of the State’s fiscal policy, including overseeing the preparation of budget recommendations for all State agencies and programs, economic and revenue forecasting, tax policy, fiscal planning, capital financing and management of the State’s debt portfolio.
Prior to his appointment, Mr. Mujica was Chief of Staff to the Temporary President and Majority Leader of the Senate and concurrently served as the Secretary to the Senate Finance Committee. For two decades, Mr. Mujica advised various elected and other government officials in New York on State budget, fiscal and policy issues.
Robert received his B.A. degree in Sociology from Brooklyn College at the City University of New York. He received his Master's degree in Government Administration (M.G.A.) from the University of Pennsylvania and holds a Juris Doctorate (J.D.) from Albany Law School
AHC
Biographical Information for
Senior Staff
RuthAnne Visnauskas
In February 2017, Governor Cuomo appointed RuthAnne Visnauskas, Commissioner of the New York State Division of Housing and Community Renewal. In March, 2017, Ms. Visnauskas was appointed as the President/CEO of the New York State Housing Finance Agency, the State of New York Mortgage Agency and the New York State Affordable Housing Corporation, the State agencies that comprise New York State Homes and Community Renewal (“HCR”).
RuthAnne previously served as HCR’s Executive Deputy Commissioner for Housing Development, where she was responsible for strategic leadership and oversight of multi-family housing finance programs, the State of New York Mortgage Agency (SONYMA), the Mortgage Insurance Fund (MIF), the Office of Community Renewal and the Office of Faith-Based Community Development Services.
Prior to joining HCR, RuthAnne was Managing Director of the Housing Advisory Board for the Robin Hood Foundation, New York's largest poverty-fighting organization. The Housing Advisory Board was established to fund initiatives to advance the quantity and quality of affordable housing for low-income New Yorkers.
RuthAnne held also several key positions at the New York City Department of Housing Preservation and Development (HPD), including the role of Commissioner from September 2014 to February 2015. HPD is the nation’s largest municipal housing agency, in charge of the development and preservation of affordable housing and the enforcement of the City’s Housing Maintenance Code.
Prior to taking the helm at HPD, RuthAnne served as Deputy Commissioner for Development, spearheading innovative development programs, including the Preserving City Neighborhoods (PCN) initiative, designed to purchase the notes of overleveraged buildings, and stabilize them by ultimately transferring them to responsible not-for-profit owners.
She received her Bachelor degree in Urban Studies from the University of Pennsylvania and holds a Master’s degree in Urban Planning from the Robert F. Wagner School of Public Service at New York University.
Ms. Visnauskas lives in Manhattan with her husband and three children.
Betsy Mallow, Senior Vice President and Executive Deputy
Commissioner and Chief Operating Officer (COO)
Betsy Mallow is Executive Deputy Commissioner and Chief Operating Officer (COO) for NY
State Homes and Community Renewal (HCR). In her role, Betsy oversees the Office of Rent
Administration, Office of Housing Preservation, Office of Professional Services, and the
Governor’s Office of Storm Recovery and Policy.
Betsy joined HCR from the Governor’s Office of Storm Recovery (GOSR) where she served as
the Deputy Executive Director overseeing New York State’s recovery from Hurricane Sandy,
Hurricane Irene, and Tropical Storm Lee. Prior to GOSR, she served as Deputy Director of the
New York Office for the White House Task Force on Sandy Rebuilding.
Previously, Betsy was a consultant at the Boston Consulting Group (BCG). Betsy began her career
in the nonprofit sector building an international platform for Paul Newman’s Hole in the Wall
Camps and spent one year in Argentina working with a nonprofit in support of their mission to
find sustainable solutions to poverty. While there, she also volunteered documenting human rights
violations in Argentine prisons.
She holds an MBA from Harvard University and an undergraduate degree from Brown University.
After completing her MBA in 2009, Betsy earned a fellowship to spend a year at the Ford
Foundation working on issues of impact assessment.
Linda Manley, HCR Sr. Vice President and Counsel
Linda Manley is General Counsel for New York State Homes and Community Renewal (HCR) where she is responsible for the HCR Legal Division, the Tenant Protection Unit and Fair and Equitable Housing Office.
Previously, Linda served as Acting General Counsel since May 2016.
Prior to joining HCR in January 2016, as Deputy General Counsel, Linda was Legal Director at Lawyers Alliance for New York, providing legal services to nonprofit organizations focused on affordable housing, economic development and social services.
Linda previously practiced law at the firms Jones, Day, Reavis & Pogue and Weil, Gotschal & Manges and served as a law clerk to Hon. Loretta A. Preska in the Southern District of New York.
She received her J.D. from Fordham University School of Law and B.A. magna cum laude from State University of New York at Albany.
GABRIELLA GREEN, CHIEF OF STAFF
Gabriella Green is Chief of Staff and oversees Intergovernmental Affairs and the Office
of Public Information. Previously she was Downstate Development Director in HCR's
Office of Finance and Development.
She joined HCR from the U.S. Department of Housing and Urban Development (HUD)
where she served as Senior Regional Planner, managing the agency’s Superstorm Sandy
appropriation grants for New York State.
Prior to joining HUD, Gabriella held several key positions at the NYC Department of
Housing Preservation and Development, including Assistant Commissioner for the
Division of Planning, Marketing, and Sustainability.
Gabriella holds a Bachelor of Arts degree from the University of Michigan and a Master
degree in Urban Planning from New York University.
NICOLE FERREIRA, SENIOR VICE PRESIDENT OF MULTIFAMILY
FINANCE
Nicole Ferreira is Senior Vice President of Multifamily Finance. She is responsible for
the strategic leadership of all multifamily finance teams.
She joined HCR from for the New York City Housing Authority (NYCHA), where she
served as Executive Vice President for Development since 2015. This marked her second
term at NYCHA, she originally joined NYCHA in 2011 and rose to Senior Advisor to the
Executive Vice President of the Capital Projects Division.
Prior to rejoining NYCHA, she was Director of Acquisitions at Workforce Housing
Group.
Nicole is an adjunct professor at the New York University Schack Institute of Real
Estate.
She holds a Bachelor of Arts degree in Political Science and a Master of Science in Real
Estate from New York University.
DINA LEVY, SENIOR VICE PRESIDENT OF SINGLE FAMILY AND COMMUNITY
DEVELOPMENT
Dina Levy is Senior Vice President of Single Family and Community Development responsible for the State of
New York Mortgage Agency (SONYMA), Office of Community Renewal, and Faith-Based Initiatives.
Prior to joining HCR, Dina served as Director of Community Impact and Innovation for Attorney General Eric
T. Schneiderman where she was senior advisor to the Attorney General on negotiations of multi-billion-dollar
bank settlements and oversaw relationships with state and national stakeholders. Prior to that, she was Special
Assistant to the Attorney General.
Before joining the AG’s Office, Dina worked for the Urban Homesteading Assistance Board (UHAB) where
she served as Director of Organizing, building strategic coalitions to preserve, expand and improve the quality
of affordable housing across New York City.
AHC
Enabling Legislation
For the enabling statute of the New York State
Affordable Housing Corporation go to Private
Housing Finance Law, Article III, Section 45-b.
AHC
Description of AHC
New York State Affordable Housing Corporation
The New York State Affordable Housing Corporation ("AHC") is a public benefit
corporation, established in 1985 pursuant to Section 45-b of the Private Housing Finance
Law ("PHFL") as a subsidiary of the New York State Housing Finance Agency ("HFA"),
to administer the Affordable Home Ownership Development Program ("Program") under
PHFL Article 19. The purpose of the Program is to promote homeownership by persons
of low and moderate income, which, in turn, fosters the development, stabilization and
preservation of neighborhoods and communities. To achieve these goals, AHC provides
financial assistance, in conjunction with other private and public investment, for the
construction, acquisition, rehabilitation and improvement of owner-occupied housing.
Within the limits of available funding, AHC may provide grants within the following per
dwelling unit limitations: up to $35,000 per unit; or $40,000 per unit for projects located
in high cost areas as defined by AHC, or for projects receiving a U.S. Department of
Agriculture Rural Development Service (formerly the Farmer's Home Administration)
Loan. In addition, under statutory Program requirements, AHC grants for new
construction and acquisition/rehabilitation projects cannot exceed 60 percent of total
project development costs. AHC grants of up to 100 percent of the total project
development costs are allowed for home improvement and rehabilitation projects where
there is no acquisition component. By leveraging other private and public funds, and
reducing development and rehabilitation costs, assistance provided by AHC makes
homeownership affordable to families and individuals for whom there are no other
reasonable and affordable home ownership alternatives in the private market.
Additionally, the development, rehabilitation, and home improvement activities
undertaken in connection with the Program are intended to help eliminate conditions of
blight and deterioration, and to encourage stability and create jobs in communities
throughout the State. Eligible applicants include: local municipalities; housing
authorities; housing development fund companies; neighborhood and rural preservation
companies; as well as not-for-profit or charitable organizations which have the
development or improvement of housing as a primary purpose.
AHC works with its parent agency, HFA, and its sister agency, the State of New York
Mortgage Agency ("SONYMA") (collectively, the "Agencies"), to increase
homeownership opportunities. As part of the Agencies' policy of one-stop shopping, an
AHC Program application includes a SONYMA Project Set-Aside application.
The membership of AHC consists of the Commissioner of Housing and Community
Renewal, the Director of the Budget and the Commissioner of Taxation and Finance of
the State of New York, and four additional members appointed by the Governor, with the
advice and consent of the Senate. The Chairman of AHC's parent agency, HFA, is,
pursuant to law, the Chairman of AHC. The members appointed by the Governor serve
for the full or unexpired portions of six-year terms.
AHC
Charters and Bylaws
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NEW YORK STATE AFFORDABLE HOUSING CORPORATION
GOVERNANCE COMMITTEE CHARTER
(effective as of May 12, 2005, revised as of June 12, 2012)
I. Purpose: Pursuant to Article VII, Section 5 of the Corporation’s bylaws the purpose of the
Governance Committee (“Committee”) shall be to assist the Members to establish
practices and procedures to promote honest and ethical conduct by Corporation Members,
officers and employees and enhance public confidence in the Corporation, including, but
not limited to, assistance in monitoring and assessing Members effectiveness and in
developing and implementing the Corporation’s governance guidelines.
II. Membership: The membership of the Committee shall be as set forth in accordance with
and pursuant to Article VII, Sections 1 and 2 of the bylaws. In addition, such Members as
the Chairperson shall appoint: a.) must satisfy such criteria of independence as the
Members of the Corporation may establish and other requirements as the Members of the
Corporation may determine to be applicable or appropriate, and b.) members of the
Committee should be suitably knowledgeable in matters pertaining to governance.
III. Committee Structure and Operation: The Committee shall meet where and as provided by
the Chair of the Committee. The Secretary of the Corporation shall be the Secretary of the
Committee unless and until the Committee designates otherwise. In the absence of the
Chair during any Committee meeting, the Committee may designate a temporary Chair for
that meeting. Pursuant to Article VII, Section 7 of the Corporation’s bylaws when the
Committee has an even number of currently serving Committee members, then 50% of the
total number of the members of the Committee shall constitute a quorum for the transaction
of business and when the Committee has an odd number of currently serving Committee
members, then a majority of all of the members of such Committee shall constitute a
quorum for the transaction of business. The Committee shall act only on the affirmative
vote of a majority of the members at a meeting or by unanimous written consent.
IV. Responsibilities: The Committee shall have the following responsibilities:
1. Establish practices and procedures to promote honest and ethical conduct by
Corporation Members, officers and employees and enhance public confidence in
the Corporation.
2. Develop and recommend to the Members of the Corporation for the approval a set
of governance guidelines.
3. Review on a regular basis and update as necessary the Corporation’s code of
conduct and the Corporation’s practices and procedures regarding conflicts of
interest. Such code of conduct and practices and procedures shall be at least as
stringent as the laws, rules, regulations and policies applicable to officers and
employees of the State of New York.
2
4. Review on a regular basis and update as necessary the Corporation’s written
practices and procedures regarding the protection of whistleblowers from
retaliation.
5. Review on an annual basis compensation and benefits for Senior Officers (as
defined under the bylaws).
6. Make recommendations on the structure of Member meetings.
7. Review the Members' committee structure.
8. Prepare a profile of the skill sets and experiences of individuals best equipped to be
constructive Members; keeping up-to-date with current governance practices; and
updating the Corporation’s corporate governance documents accordingly.
9. Consider making recommendations to the Governor or State Legislature regarding
the kinds of people (not necessarily specific individuals) the Corporation believes
should be appointed as Corporation Members for reasons such as experience,
qualifications or otherwise.
10. Review on a regular basis and update as necessary the Corporation’s written
policies regarding procurement of goods and services and equal opportunity and
affirmative action within the Corporation, including:
a. policies relating to the implementation of the Lobbying Reform Law1 that
include the disclosure of persons who attempt to influence the
Corporation’s procurement process;
b. policies relating to the implementation of the Lobbying Contact Law2
that
include any attempt to influence (i) the adoption or rejection or any rule or
regulation having the force and effect of law by the Corporation, or (ii) the
outcome of any rate making proceeding by the Corporation; and
c. monitoring and reviewing the status of equal opportunity and affirmative
action within the Corporation, in the Corporation 's purchasing and
contracting, and with respect to the execution of the Corporation 's
programs in accordance with the requirements of Article 15-A of the
Executive Law. The Committee shall make recommendations with
respect to equal opportunity and affirmative action. The Committee shall
coordinate its efforts with the efforts of any similar committee of the
affiliated State of New York Mortgage Agency, New York State Housing
1 “Lobbying Reform Law” shall mean the provisions of the Legislative Law and the State Finance Law enacted on
August 23, 2005, Chapter 1 of the laws of 2005 and amended on March 10, 2010, Chapter 4 of the laws of 2010. 2 “Lobbying Contact Law” shall mean the provisions of Title 12-A of Article 9 of the Public Authorities Law enacted
on December 11, 2009.
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3
Finance Agency, State of New York Municipal Bond Bank Agency and
Tobacco Settlement Financing Corporation.
11. Review on a regular basis and update as necessary the Corporation’s written
policies regarding the disposition of real and personal property.
12. Report its recommendations to the Members.
13. Provide, at least annually, the Members with an evaluation of the:
a. Committee;
b. Governance Guidelines together with any proposed changes the Committee
recommends to the Members for approval;
c. Adequacy of the Committee’s charter together with any proposed changes
the Committee recommends to the Members for approval; and
d. Accomplishments and goals of the Corporation with respect to equal
opportunity and affirmative action.
V. Authority and Powers Delegated to the Committee as Agent of the Corporation:
1. The Committee shall have the authority to retain outside counsel and any other
advisors as the Committee may deem appropriate in its sole discretion;
2. The Committee shall have sole authority to approve related fees and retention
terms, subject to the terms of Public Authorities Law Section 2879; and
3. The Committee, on behalf of the Members of the Board, shall have the authority to
initially approve procurement contracts that exceed one year in duration or
$100,000 in amount, and to annually review procurement contracts that exceed one
year in duration, pursuant to Article VII, Section 5 of the Corporation’s bylaws.
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1
BYLAWS
OF
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
(as Amended through September 10, 2015)
ARTICLE I - THE CORPORATION
Section 1. Name of Corporation. The name of the Corporation shall be the "New York
State Affordable Housing Corporation."
Section 2. Seal of the Corporation. The seal of the Corporation shall be in the form of a
circle and shall bear the name of the Corporation and the year of its creation.
Section 3. Office of the Corporation. The Office of the Corporation shall be located at
641 Lexington Avenue in the City of New York, State of New York. The Corporation may also
have offices at such other place or places within the State of New York as it may from time to time
designate by resolution.
ARTICLE II - OFFICERS
Section 1. Officers. The officers of the Corporation shall include a Chairperson, a Vice-
Chairperson, an Executive Director, an Executive Deputy Commissioner and Senior Vice
President and Chief Operating Officer, an Executive Deputy Commissioner and Senior Vice
President of Housing Development, a Senior Vice President and Chief Financial Officer, such
Senior Vice Presidents as the Members of the Corporation shall appoint, and a Senior Vice
President and Counsel.
The officers of the Corporation shall also include a President of the Office of Finance and
Development, a President of the Office of Housing Preservation, a President of the Office of
Community Renewal, and a President of the Office of Professional Services, each of whom shall
also be a Senior Vice President.
For purposes of these bylaws, and of any resolution of the Corporation, the Executive Director,
the Executive Deputy Commissioner and Senior Vice President and Chief Operating Officer, the
Executive Deputy Commissioner and Senior Vice President of Housing Development, the Senior
Vice President and Counsel, the Senior Vice President and Chief Financial Officer, the President
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of the Office of Finance and Development, the President of the Office of Housing Preservation,
the President of the Office of Community Renewal, the President of the Office of Professional
Services, and any Senior Vice President may be referred to as "Senior Officers."
The Corporation shall also have such Vice Presidents as may be appointed pursuant to these
bylaws.
Section 2. Chairperson. The Chairperson of the Corporation shall be the Chairperson of
the New York State Housing Finance Agency. The Chairperson of the Corporation shall preside
at all meetings of the Members of the Corporation and shall have such other duties as the Members
may direct. At each meeting the Chairperson shall submit such recommendations and information
as the Chairperson may consider proper concerning the business, duties and affairs of the
Corporation.
In the event of a vacancy in the office of the Executive Director and during the period of
such vacancy, the duties and responsibilities of said office shall be exercised by the Chairperson.
The Chairperson may delegate to employees or officers of the Corporation any such duties or
responsibilities, as he shall deem appropriate.
Section 3. Vice-Chairperson. The Vice Chairperson, who shall be a Member and shall be
appointed by the Chairperson, shall in the absence or incapacity of the Chairperson, preside at
meetings of the Member of the Corporation and perform such other duties as shall have been
delegated to the Chairperson.
Section 4. Executive Director. The Executive Director shall be the Executive Director of
the New York State Housing Finance Agency and shall be the chief executive officer of the
Corporation and, under the direction of the Chairperson, shall have general supervision over and
be in administrative charge of all the activities of the Corporation, shall direct the Corporation's
corporate activities and coordinate the functions of the Corporation's governing body and, in
addition, shall perform all the duties incident to such position and office. The Executive Director
shall have the title of President and Chief Executive Officer.
Section 5. Executive Deputy Commissioner and Senior Vice President and Chief
Operating Officer. The Executive Deputy Commissioner and Senior Vice President and Chief
Operating Officer shall oversee all operations including those under the Office of Housing
Preservation and the Office of Professional Services and shall perform all such functions as may
from time to time be assigned by the Executive Director.
Section 6. Executive Deputy Commissioner and Senior Vice President of Housing
Development. The Executive Deputy Commissioner and Senior Vice President of Housing
Development shall oversee the Office of Finance and Development and the Office of Community
Renewal and shall perform such functions as may from time to time may be assigned by the
Executive Director.
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Section 7. Senior Vice President and Chief Financial Officer. The Senior Vice President
and Chief Financial Officer shall perform all such functions as may from time to time be assigned
by the Executive Director.
Section 8. Senior Vice Presidents. The Senior Vice Presidents shall assist the Executive
Director and shall perform all such functions as may from time to time be assigned to each by the
Executive Director.
Section 9. Vice Presidents. The Vice Presidents shall be the Vice Presidents of the New
York State Housing Finance Agency, and shall perform such duties and functions as the Executive
Director, or, in the Executive Director's absence, the Chairperson, shall determine to be
appropriate.
Section 10. Senior Vice President and Counsel. The Senior Vice President and Counsel
shall be the chief legal officer of the Corporation and shall perform all the duties incident to such
position and office and shall perform all other functions as may from time to time be assigned by
the Executive Director. The Senior Vice President and Counsel shall also act as Secretary of the
meetings of the Corporation and record all votes and proceedings in a journal.
Section 11. The President of the Office of Finance and Development. The President of the
Office of Finance and Development shall perform such duties and functions incident to such
position and office and shall perform all other functions as may be assigned by the Executive
Director.
Section 12. The President of the Office of Community Renewal. The President of the
Office of Community Renewal shall perform such duties and functions incident to such position
and office and shall perform all other functions as may be assigned by the Executive Director.
Section 13. The President of the Office of Housing Preservation, The President of the
Office of Housing Preservation shall perform such duties and functions incident to such position
and office and shall perform all other functions as may be assigned by the Executive Director.
Section 14. The President of the Office of Professional Services. The President of the
Office of Professional Services shall perform such duties and functions incident to such position
and office and shall perform all other functions as may be assigned by the Executive Director.
Section 15. Officers Holding Two or More Offices. Any two or more offices may be held
by the same person, except as otherwise provided by law. No officer shall execute or verify any
instrument in more than one capacity if such instrument be required by law or otherwise to be
executed or verified by any two or more officers.
Section 16. Compensation of Officers. Other than the Chairperson and Vice-Chairperson
who shall be entitled to reimbursement for expenses and a per diem allowance as provided by law,
no officer of the Corporation shall receive any additional compensation for services rendered to
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the Corporation, but such compensation shall be governed by the terms and conditions of the
appointment of such officers as officers of the New York State Housing Finance Agency, of New
York State Division of Housing and Community Renewal, or of the New York State Housing Trust
Fund Corporation.
Section 17. Contract with New York State Housing Finance Agency. Subject to the
approval of the New York State Director of the Budget, the Corporation shall enter into a contract
with the New York State Housing Finance Agency, as provided by law, to render all services
necessary for the premises, personnel, officers and personal property of the New York State
Housing Finance Agency and to pay the reasonable costs thereof.
Section 18. Additional Personnel. The Corporation may from time to time employ such
personnel as it may deem necessary to exercise its powers, duties and functions as prescribed by
law. The selection and compensation of such personnel shall be determined by the Corporation
subject to the laws of the State of New York. For purposes of any resolution of the Corporation
employees of the New York State Housing Finance Agency rendering services to the Corporation
shall be deemed to be employees of the Corporation serving in the same title as the title in which
they serve the New York State Housing Finance Agency.
Section 19. Execution of Corporation Documents and Authorization of Payments. Except
where otherwise specifically provided by resolution of the Corporation, for the purpose of
executing any document on behalf of the Corporation, other than notes or bonds of the Corporation
or a mortgage securing an obligation to the Corporation, the following Senior Officers shall be
deemed Authorized Signatories: the Executive Director; the Executive Deputy Commissioner and
Senior Vice President and Chief Operating Officer; the Executive Deputy Commissioner and
Senior Vice President of Housing Development; the Senior Vice President and Chief Financial
Officer; the Senior Vice President and Counsel; the Senior Vice President and Chief of Staff; the
President of the Office of Finance and Development; and the Senior Vice President and Director
of the Mortgage Insurance Fund. Each Authorized Signatory may designate any Senior Vice
President or Vice President or, with the approval of the Executive Director, any other employee of
the Corporation as a deputy who shall be deemed to be that Authorized Signatory for such purpose.
Such designation shall be in writing and filed with the Senior Vice President and Counsel. In any
case where two Authorized Signatories must act, only one of them may be a designated deputy,
and the other must not be the Authorized Signatory who designated that deputy.
Except as otherwise provided by resolution of the Corporation, either the Executive
Director or any two Authorized Signatories shall make final certification and payment of all duly
authenticated and authorized items of expenditures for payment from any Corporation funds from
whatever source derived, and, whenever the Chairperson is required to sign vouchers, requisitions
and other instruments made by the Corporation, either the Executive Director or any two
Authorized Signatories shall approve the same for submission to the Chairperson for signature.
Except as otherwise provided by resolution of the Corporation, any expenditure involving
an estimated amount of one hundred thousand dollars ($100,000) or more shall be authorized prior
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to its approval by no less than four Members; except that expenditures in excess of one hundred
thousand dollars ($100,000) for printing and engraving related to the sale of the Corporation’s
bonds and notes may be approved by either the Executive Director or any two Authorized
Signatories when the Members have adopted a bond or note resolution; and expenditures involving
an estimated amount of less than one hundred thousand dollars ($100,000) may be approved by
either the Executive Director or any two Authorized Signatories.
Section 20. Attestation of Execution of Notes and Bonds. For the purpose of attesting the
execution of notes and bonds issued by the Corporation, the Executive Director may designate
such persons as he or she may deem appropriate who shall be deemed to be Senior Vice Presidents
for such purpose.
Section 21. Execution of Documents. An officer authorized to execute documents on
behalf of the Corporation may delegate that authority to any employee of the Corporation, with
the approval of the Executive Director or the Chairperson. No such approval is necessary if the
delegating officer is the Executive Director or the Chairperson.
Section 22. Continuation of Authority. Any resolution referring to a Deputy Director,
First Deputy Director, an Assistant Director, Chief Operating Officer, Chief Financial Officer or
a Counsel shall be deemed to refer, in addition thereto, to the Senior Vice President, the Senior
Vice President and Chief Operating Officer, the Senior Vice President and Chief Financial Officer
or the Senior Vice President and Counsel. Any resolution referring to officer(s) shall be deemed
to refer only to Senior Officer(s), unless such resolution is approved after September 7, 1993 and
specifically provides otherwise, and any reference in any resolution approved on or before
September 7, 1993 to Vice President(s) shall be deemed a reference to Senior Vice President(s).
Section 234. Custody of Seal. The Senior Vice President and Counsel shall keep the seal
of the Corporation in safe custody. Each officer of the Corporation and any attorney in the regular
employ of the Corporation is empowered to affix the seal to all documents executed by the
Corporation.
ARTICLE III - MEETINGS
Section 1. Annual Meeting. The Annual Meeting of the Corporation shall be held on the
third (3rd) Tuesday of November of each year at a place and time designated by the Chairperson
or such earlier or later day in such fiscal year as the Chairperson of the Corporation may determine.
Section 2. Meetings. The Chairperson of the Corporation may, when he or she deems it
expedient, and shall, upon the request of two Members of the Corporation, call a meeting of the
Corporation. The call for a meeting, specifying the time and place of the meeting, shall be
delivered to each Member of the Corporation at least two days prior to the date of such special
meeting. For each Member, the call shall be delivered in person or mailed to the business or home
address of such Member, e-mailed to an address provided by such Member, or sent by facsimile
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transmission to a telephone number provided by such Member. At such meetings any and all
matters may be considered and acted upon by the Members of the Corporation present, whether or
not such matters were specified in the call, provided, however, that no matter requiring board
action will be considered unless there shall have been received by each Member so requesting at
the Member's designated address, in advance of such meeting, written notice of a proposed
resolution, and such other written material as the Executive Director, or other proponent of the
resolution, deems appropriate. At the request of the Chairperson, Members may, by unanimous
consent of those Members present, agree to consider a resolution which shall not have been so
received. Notwithstanding the foregoing, no resolution adopted by vote of a majority of Members
then in office shall be invalid for failure to give proper notice.
Section 3. Quorum. At all the meetings of the Corporation four of the Members of the
Corporation shall constitute a quorum for the purpose of transacting business; provided that a
smaller number may meet and adjourn to some other time and place or until a quorum shall be
present.
Section 4. Order of Business. At every meeting of the Corporation, the order of business
and all other matters or procedure may be determined by the person presiding at the meeting.
Section 5. Resolutions to Be in Writing. All resolutions presented to the Corporation shall
be in writing, on paper or in electronic form, and, upon the same becoming effective, shall be
copied in or attached to a journal of the proceedings of the Corporation.
Section 6. Meetings held by Video Conference. Meetings may be held by video
conference when requested by a Member prior to the time public notice of the meeting is given.
The public must have access to all sites participating in a video conference. Notice of meetings
using video conferencing must announce its use, identify all sites and state that the public has a
right to attend the meeting at any of the sites.
Section 7. Approval of Resolutions without Meeting. Resolutions which the Chairperson
desires to be considered by the Members of the Corporation without holding a meeting thereon
may be delivered in person or mailed to the business or home address of each Member, and, upon
the written approval of such resolutions by four or more of the Members, the same shall become
effective as if introduced and passed at a meeting of the Members duly called and held.
Section 8. Certification of Resolutions. Each Member of the Corporation and each officer
of the Corporation is authorized to certify, when required, the records, proceedings, documents
and resolutions of the Corporation and to affix the seal of the Corporation to all contracts,
documents and instruments to be executed by the Corporation.
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ARTICLE IV - FISCAL YEAR
Section 1. Fiscal Year. The fiscal year of the Corporation shall commence April first of
each calendar year and conclude March thirty-first of the following calendar year.
ARTICLE V - AMENDMENTS
Section 1. The bylaws may be amended by resolution duly adopted at any meeting,
provided that notice of intention to present such resolution shall be given at least five days in
advance of the meeting at which the motion to adopt such resolution is made. Such notice may be
given by any manner. Such notice may be given in writing, mailed to the business or home address
of all Members or delivered to all Members, or in the alternative, such notice may be given orally
at any meeting, in which event such notice shall be noted in the minutes of the meeting at which it
is given. Advance notice of motions to amend motions to amend the bylaws need not be given.
ARTICLE VI - SUSPENSION OF BYLAWS
Section 1. Any and all of the provisions of the bylaws may be suspended by unanimous
consent of the Members constituting a quorum present at any meeting of the Corporation.
ARTICLE VII - COMMITTEES
Section 1. The Corporation shall have a standing Audit Committee and a standing
Governance Committee together with such other standing or special Committees of the
Corporation as may at any time be created under this Article. The Chairperson shall be, ex-officio,
a member of all standing Committees and may be a member of any special Committee. Members
shall be appointed to or removed from the Corporation's Committees by the Chairperson except
that, if the Chairperson does not act to appoint members to the standing Audit Committee and a
standing Governance Committee the members of such Committees shall, respectively, be the
members of the standing Audit Committee and standing Governance Committee of the New York
State Housing Finance Agency. The Chairperson shall be the Chair of each Committee unless the
Chairperson appoints a Member other than himself. The Chairperson shall file with the Secretary
a letter evidencing such appointments or removals. A Committee meeting in the absence of its
Chair may appoint a temporary Chair for such meeting. The Secretary of the Corporation shall be
the Secretary of the Committee unless a Committee designates otherwise.
Section 2. Standing Committees shall consist of three or more independent Members of
the Corporation, who shall constitute a majority on the committee, and who shall possess the
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necessary skills to understand the duties and functions of the committee. Any standing
Committees in addition to the Audit Committee and the Governance Committee shall be created
by resolution of the Corporation. Each standing Committee, respectively, shall have the authority
of the Corporation, to the extent provided by resolution of the Corporation.
Section 3. Special Committees shall consist of Members of the Corporation and may be
created by resolution of the Corporation or by the Chairperson.
Section 4. The Audit Committee shall assist and make recommendations to the Members
of the Board in (a) the hiring of a certified independent accounting firm for the Corporation; (b)
the establishment of compensation to be paid to the accounting firm; (c) the direct oversight of the
performance of the independent audit performed by the accounting firm hired for such purposes;
(d) review of the annual audited report; (e) monitoring of internal accounting controls; (f) review
of internal audit functions; and (g) oversight of the Corporation’s compliance with applicable legal
and regulatory requirements. Members of the Audit Committee shall be familiar with corporate
financial and accounting practices.
Section 5. The Governance Committee shall assist and make recommendations to the
Members of the Board on (a) the current best governance practices and corporate governance
trends, (b) potential updates to the Corporation’s corporate governance principles, (c) the skills
and experiences required of potential Board Members, (d) the examination of ethical and conflict
of interest issues, (e) the performance of board self-evaluations, and (f) the adoption of bylaws
which include rules and procedures for conduct of Board Members. The Governance Committee,
on behalf of the Members of the Board, shall have the authority, in its discretion, to approve
procurement contracts that exceed one year in duration or $100,000 in amount, and to annually
review procurement contracts that exceed one year in duration.
Section 6. The responsibilities of the Audit Committee and the Governance Committee
and any other standing Committee shall be set forth, respectively, in charters adopted by resolution
of the Corporation. The Audit Committee and the Governance Committee are expected to
coordinate with the standing Audit Committee and standing Governance Committee of the New
York State Housing Finance Agency and the Audit Committee and the Governance Committee
may, respectively, defer to, and rely upon actions of the standing Audit Committee and standing
Governance Committee of the New York State Housing Finance Agency including having actions
taken by such committees stand as and be incorporated as actions of their own. The purpose and
responsibilities of any special Committees shall be established either by resolution of the
Corporation or by the Chairperson. Within the charters establishing them, Committees shall fix
their own rules of procedure and shall meet where and as provided by the Chair of the Committee
or such rules or resolution of the Committee.
Section 7. Committee Quorum Requirements. Where a Standing or Special Committee
has an even number of currently serving committee members, then 50% of the total number of the
members of such Committee shall constitute a quorum for the transaction of business. Where a
Standing or Special Committee has an odd number of currently serving Committee members, then
F:\LEGAL\LV\2015\BylawsAmendedSeptember2015\Bylaws AHC final_September 2015.docx
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a majority (i.e. more than one-half) of all of the members of such committee shall constitute a
quorum for the transaction of business.
AHC
Evaluation of Board
Performance
NEW YORK STATE HOUSING FINANCE AGENCY
STATE OF NEW YORK MORTGAGE AGENCY
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY
TOBACCO SETTLEMENT FINANCING CORPORATION
EVALUATION OF BOARD PERFORMANCE
The first Board Evaluations were approved by the Boards at their December 9, 2010
meetings. Board members were provided with self-evaluation forms, modeled on the form
provided by the Authorities Budget Office (“ABO”) and revised by staff to take into
account comments made by Board members as part of the first evaluation. Staff received
the completed self-evaluation forms from the Members and Directors and submitted an
analysis of the findings to the Governance Committees for their review. The Agencies’
Governance Committees adopted a resolution approving the self-evaluation in advance of
the January 30, 2020 Members’ and Directors’ meetings. The Members and Directors
adopted a resolution, reflecting the Governance Committees’ approval of the self
evaluation.
This year’s assessment shows a high degree of unanimity among Board members
“agreeing” that the various criteria by which Board performance is judged are satisfied. All
the responses either “Agreed” or “Somewhat Agreed” that Board members satisfied each
of criteria listed in the form. Only two questions elicited more than one “Somewhat
Agreed” response.
This is a good indicator that the Boards, as a whole, are satisfied with the way their fellow
Board members are approaching their tasks as Board members.
Below is a summary of the results of the evaluation of Board Performance.
Confidential Evaluation of Board Performance
Criteria
Agree
Somewhat
Agree
Somewhat
Disagree
Disagree
Board members have a shared understanding of the
mission and purpose of the Agencies.
5
The policies, practices and decisions of the Board are
consistent with this mission.
5
Board members comprehend their role and fiduciary
responsibilities and hold themselves and each other
to these principles.
5
The Board has adopted policies, by-laws, and
practices for the effective governance, management
and operations of the Agencies and reviews these as
appropriate and required.
5
The Board sets clear and measurable performance
goals for the Agencies that contribute to
accomplishing their mission.
4
1
The decisions made by Board members are arrived at
through independent judgment and deliberation, free
of political influence, pressure or self-interest.
4
1
Individual Board members communicate effectively
with executive staff so as to be well informed on the
status of all important issues.
3
2
Board members are knowledgeable about the
Agencies’ programs, financial statements, reporting
requirements, and other transactions.
5
The Board has delegated to staff the responsibility to
prepare external documents and reports and is
confident that the Agencies have procedures in place
so that the information being presented is accurate
and complete.
5
The Board knows the statutory obligations of the
Agencies
5
Board and committee meetings facilitate open,
deliberate and thorough discussion, and the active
participation of members.
5
Board members have sufficient opportunity to
research, discuss, question and prepare before
decisions are made and votes taken.
4
1
Individual Board members feel empowered to delay
votes, defer agenda items, or table actions if they feel
additional information or discussion is required.
5
The Board exercises appropriate oversight of the
CEO and other executive staff.
5
The Board has identified the areas of most risk to the
Agencies and works with management to implement
risk mitigation strategies before problems occur.
3
2
Board members demonstrate leadership and vision
and work respectfully with each other.
5
AHC
Board Members and
Committee Structure and
Members
AFFORDABLE HOUSING CORPORATION MEMBERS
Members Date Appointed Term Expires
Kenneth G. Adams June 20, 2017 January 21, 2018
Chairman
Governor Appointed
Robert Mujica January 14, 2016 Ex-Officio
Director,
New York State Division of the Budget
Joyce L. Miller June 19, 2013 January 1, 2015
Governor Appointed
RuthAnne Visnauskas February 17, 2017 Ex-Officio
Commissioner,
New York State Division of Housing and
Community Renewal
Michael R. Schmidt January 14, 2019 Ex-Officio
Commissioner of Taxation
and Finance of the State of New York
Governor Appointee Vacant Four (4) years from
date of Appointment
Governor Appointee Vacant Four (4) years from
date of Appointment
Updated 5/29/2020
AFFORDABLE HOUSING AUDIT COMMITTEE
Members Date Appointed Term Expires
Kenneth G. Adams June 20, 2017 January 21, 2018
Chairman
Governor Appointed
Committee Chairman
Governor Appointee Vacant
Robert Mujica January 14, 2016 Ex-Officio Director,
New York State Division of the Budget
Michael R. Schmidt January 14, 2019 Ex-Officio
Commissioner of Taxation
and Finance of the State of New York
Updated 5/29/2020
AFFORDABLE HOUSING GOVERNANCE COMMITTEE
Members Date Appointed Term Expires
Kenneth G. Adams June 20, 2017 January 21, 2018
Chairman
Governor Appointed
Committee Chairman
Governor Appointee Vacant
Robert Mujica January 14, 2016 Ex-Officio Director,
New York State Division of the Budget
RuthAnne Visnauskas February 17, 2017 Ex-Officio
Commissioner,
New York State Division of Housing and
Community Renewal
Updated 5/29/2020
AHC
Number of Employees
Number of AHC employees as of 03/31/2020: 96
A RESOLUTION OF THE
NEW YORK STATE AFFORDABLE HOUSING CORPORATION
ACCEPTING A FILING UNDER THE
PUBLIC AUTHORITIES REPORTING INFORMATION SYSTEM
WHEREAS, in order to implement separate reporting requirements found in the
Public Authorities Accountability Act of 2005, as amended (the “Act”) and in
Regulations of the State Comptroller found in Sections 201, 203 and 204 of Title 2 of the
NYCRR (the “Comptroller Regulations”), the Comptroller’s Office and the Authority
Budget Office, the agency that oversees compliance with the Act, have created a Public
Authorities Reporting Information System (“PARIS”) that requires public authorities to
comply with the reporting requirements of the Act and the Comptroller Regulations by
inputting the information using the PARIS on-line reporting system; and
WHEREAS, the Act requires that public authorities prepare annual reports within
ninety (90) days of the end of their fiscal years to provide systematic information
regarding their status and activities and the Comptroller Regulations similarly require that
public authorities report to the State Comptroller on various aspects of their operations;
and
WHEREAS, by June 29, 2020, the New York State Affordable Housing
Corporation (“Corporation”) will file its annual report under PARIS for the fiscal year
ending March 31, 2020; and
WHEREAS, the provisions of PARIS require that the information filed by the
Corporation, as part of its annual report filing, be presented to and approved by the
Corporation’s Members; now therefore, be it
RESOLVED, by the Members of the Corporation as follows:
Section 1. The information presented to the Corporation’s Members in
connection with the annual report filing of the Corporation, under the PARIS filing
system, to satisfy the requirements of the Act, the Comptroller Regulations, and Section
2800 of the Public Authorities Law is hereby reviewed and accepted.
Section 2. This resolution shall take effect immediately.