Mobility NOFA 2026_Rev1.pdf

KATHY HOCHUL

Governor

RUTHANNE VISNAUSKAS

Commissioner/CEO

Notice of Funding Availability and

Request for Proposals

New York State Section 8

Making Moves Program

(“MMP”) Statewide Administrator

NOFA Issuance Date: Monday, July 27, 2026

Deadline for Proposals: Friday, September 18, 2026, 5 p.m. (Eastern)

Anticipated Award date: October 2, 2026

HOUSING TRUST FUND CORPORATION

HAMPTON PLAZA, 38-40 STATE ST., ALBANY NY 12207

www.hcr.ny.gov http://www.hcr.ny.gov/

Table of Contents I. Summary

II. Introduction and Purpose

III. Calendar of Events

IV. Administrative Information and Requirements

V. Diversity Requirements

VI. Applicant Requirements

VII. Content of Applications

VIII. General Conditions and Insurance Requirements

IX. MMP Administrator/Recipient Duties

X. Supplemental Conditions

1. Summary

The New York State Housing Trust Fund Corporation (“HTFC” or “Grantor”) seeks applications from qualified not-for-profit entities through this Notice of Funding Availability

(“NOFA”) to serve as the Statewide Administrator and Technical Assistance Provider for its

Making Moves Program (“MMP Administrator” or “Recipient”). The Making Moves

Program provides mobility counseling services through a network of currently five local, community-based providers (“local mobility programs” or “Programs”) to families with federal Section 8 Housing Choice Vouchers (“HCVs”). The MMP Administrator serves as the recipient of federal funds flowing through HTFC and disburses those funds to the local mobility programs via subrecipient agreements. The Programs, in turn, use the funding to provide financial incentives, counseling, and housing search assistance to help Section 8 families move to identified well-resourced areas where they will have greater access to economic and educational opportunities. HTFC will select one (1) applicant through this

NOFA to serve as MMP Administrator statewide, and that entity will oversee at least five (5) local nonprofit entities who are presently managing local mobility programs in nine counties.

2. Introduction and Purpose

New York State Homes and Community Renewal (“HCR”) consists of the major housing and community renewal agencies of the State of New York (“State” or “NYS”), including the

Housing Trust Fund Corporation (“HTFC”), the Division of Housing and Community

Renewal (“DHCR”) and the Housing Finance Agency (“HFA”). HTFC is a State public benefit corporation (“PBC”) operating under the umbrella of HCR.

HTFC administers federal and state rental assistance programs across New York State, including an allocation of approximately 43,000 federal Section 8 Housing Choice Vouchers

(“HCVs” or “vouchers”). HCR is one of almost 200 public housing authorities (“PHAs”) across the State, many of which also administer HCVs at a local or county level. But HTFC is the only PHA authorized to administer Section 8 programs statewide. Approximately 524,500 people in 226,800 New York households use a federal Section 8 voucher to afford decent, privately owned housing with approximately 64% of this population consisting of seniors, children, or people with disabilities.

Vouchers are portable – a household that has one can move anywhere in the United States.

However, research has shown that families with vouchers tend to be disproportionately concentrated in low-income, racially segregated communities. In 2022, HTFC launched the

Making Moves Program (“MMP”) following a similar successful two-year pilot initiative led by the New York State Attorney General. MMP provides funding to local, nonprofit http://www.nyshcr.org/ organizations to deliver mobility counseling services to voucher participants, focusing specifically on families with children under the age of 12.

Mobility counselors work closely with tenants in underserved communities to help voucher families access housing options in neighborhoods with low poverty rates, high-performing schools, and other crucial resources that meet their needs. Using a variety of data, MMP identifies census tracts in these “well-resourced areas” where families will have greater access to opportunities. The local mobility programs offer support through tenant and landlord outreach and education, housing search assistance, and pre- and post-move support services, and a variety of financial incentives and assistance. Local mobility programs may serve any

New York family with a voucher, regardless of which PHA is administering the voucher, provided that the family intends to live in one of the counties served.

To oversee MMP and the local mobility programs, HCR engages a statewide administrator and technical assistance provider (“the MMP Administrator”) through a recipient grant agreement. The MMP Administrator engages the local mobility programs through subrecipient agreements to deliver a variety of incentives and services tailored to meet the unique needs of Section 8 families in each county served.

The MMP Administrator’s duties include disbursing federal funds to the local mobility programs, tracking spending, establishing policies and procedures statewide, setting goals for each local program, documenting outcomes, approving financial incentives, and providing access to technical assistance and national best practices. A more detailed MMP

Administrator/Recipient Duties description is provided in Attachment 1 of this NOFA.

The current MMP Administrator is engaged with the following organizations to deliver mobility programs on behalf of Section 8 families:

1. Housing Opportunities Made Equal (“HOME”) – Erie and Niagara Counties

2. Pathstone – Monroe, Orange and Dutchess Counties

3. Tompkins Community Action – Tompkins County

4. Community Development Long Island – Nassau and Suffolk Counties

5. Central New York Fair Housing – Onondaga County

The MMP Administrator also provides limited technical assistance to a pre-existing mobility program in Westchester County. HCR engaged the current MMP Administrator in a five year-agreement that expires in 2027. Through this NOFA, HTFC will select an MMP

Administrator to engage the local programs for another five years (2027-2032), with an option to extend for an additional five years (2032-2037). The selected Recipient will be responsible for developing their own subrecipient agreements and engaging all of the local mobility programs listed above. The current annual budget for MMP, including incentives, services and operating costs for all the local mobility programs, is around $4.5 million.

3. Calendar of Events and Milestones

Eligible Applicants may submit an application beginning the issuance date of the NOFA and until the deadline for submission, as indicated in the chart below. All applications received will be submitted via e-mail and checked for completeness. Complete applications will be scored and prioritized per the terms of this NOFA.

Event Date

Issuance of NOFA Monday, July 27, 2026

Application

Workshop (on-line)*

TuesdayWednesday, August 182, 2026

1:00pm-2:00pm via Microsoft Teams

Deadline for submitting questions

ThursdayMonday, August 2017, 2026

(Questions and Answers will be posted on HCR’s website at

HTFC’s discretion.

Application

Submission

Deadline

Friday, September 18, 2026, noon Eastern Time

Anticipated date of

Award

Friday, October 2, 2026

All dates above are subject to change at HTFC’s sole discretion.

*Amendment to NOFA Schedule: An application workshop for this RFP will be held on Tuesday, August 18th from 1:00pm-2:00pm via Microsoft Teams. To attend, please email

RentalRFP@hcr.ny.gov and you will be sent a meeting invite with dial-in information. Questions on the proposal should be sent to RentalRFP@hcr.ny.gov and are due by close of business on

Thursday, August 20th.

4. Administrative Information and Requirements

4.1 Questions

Potential applicants are permitted to submit questions in writing up until the date listed in

Section 3. Individual questions will be answered via email. HCR may also post answers to some or all of the questions received on its website. Questions shall be submitted only to the contact listed below:

mailto:RentalRFP@hcr.ny.gov

Iryna Mogilevich

Section 8 HCV Deputy Director for Special Projects Iryna.Mogilevich@hcr.ny.gov

Inquiries to any other HTFC or HCR employees regarding this NOFA will not receive a response, and staff have been instructed to not answer questions or discuss the contents of this

NOFA.

4.2 Amendments and Addenda

HTFC reserves the right to modify any part of this NOFA including, but not limited to, the dates and times listed in Section 3 above, titled “Calendar of Events and Milestones.”

Modifications will be made by HTFC through the issuance of amendments and/or addenda.

Any amendment or addendum to this NOFA will become part of this NOFA. Modifications to the NOFA will be posted to the HCR Funding Opportunities web page.

If an Applicant discovers any ambiguity, conflict, discrepancy, omission, or other error in this

NOFA, the Applicant will immediately notify HTFC of such error in writing and request clarification or modification of the document. There are no designated dates for release of addenda. Therefore, interested Applicants should check HTFC’s website frequently. It is the sole responsibility of the Applicant to be knowledgeable of all addenda related to this NOFA process.

4.3 Applicant Responsibility

4.3.1 General Responsibility

The successful Applicant will remain responsible throughout the Contract term and in compliance with all applicable Federal and State requirements, as well as the terms of the contract. The successful Applicant agrees, if requested by HTFC, to present additional evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, and organizational and financial capacity.

4.3.2 Suspension (for Non-Responsibility)

HTFC reserves the right to suspend any or all activities under an award or contract at any time when HTFC discovers information that calls into question the responsibility of the awardee or its subcontractors, partners, or affiliates. In that event, the awardee will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the awardee must comply with the terms of the notice. Contract activity may resume at such time as

HTFC issues a written notice authorizing a resumption of performance under the Contract.

4.3.3 Termination (for Non-Responsibility)

Upon written notice to the awardee and a reasonable opportunity to be heard by HTFC, the award and/or contract may be terminated by HTFC at the awardee’s expense where the awardee or its subcontractors, partners or affiliates is determined by HTFC to be non-responsible. In such event, HTFC may complete the contractual requirements in any manner

HTFC deems advisable and pursue available legal or equitable remedies for breach.

mailto:Iryna.Mogilevich@hcr.ny.gov http://www.nyshcr.org/Funding/

4.3.4 Debarment

No entity that is on any Federal or New York State debarment list, or which is otherwise prohibited from bidding on or receiving government contracts may be contracted for any services related to this agreement.

4.4 Federal Requirements

Awards and contracts shall be governed by certain Federal terms and conditions for Federal grants, including HUD regulations and any applicable Office of Management and Budget’s

(“OMB”) circulars. Additional Federal requirements may be found in Appendix IV of this

NOFA under “HUD General Provisions.” However, it is the sole responsibility of the

Applicant to be aware of and comply with all Federal and State Regulations applicable to the assistance being requested. The regulations listed in this NOFA do not invalidate State and local requirements, laws and policies triggered by the receipt of these funds.

4.5 Costs Incurred

HTFC is not liable for any costs that an Applicant incurs in preparing its application, for any work performed in connection therewith, or for travel expenses related thereto. HTFC’s receipt of an Application from an Applicant in no way obligates HTFC to such Applicant.

4.6 Confidential Information

Certain information that HTFC may furnish in connection with this NOFA may be labeled as confidential and should be treated as proprietary information of HTFC by the recipient of this

NOFA. By the Applicant’s receipt of this NOFA, the Applicant agrees not to (a) disclose any part or all of such confidential information furnished to the Applicant pursuant to this NOFA to any party, including, without limitation, any law firm or any corporate or government office, except to the extent essential to the preparation of the proposal, and to secure from any party to whom a disclosure is made under this provision, a confidentiality agreement, executed prior to any such disclosure, in which the recipient agrees to keep confidential and to not disclose any such confidential information to any other party (a “Confidentiality

Agreement”), (b) use such information for any purpose other than to prepare a response to this NOFA. Such Confidentiality Agreement must name HTFC as an intended third-party beneficiary with the right to enforce all remedies in an event of any such breach or unauthorized disclosures.

Documents submitted to HTFC may be subject to disclosure under the New York State

Freedom of Information Law (“FOIL”), N.Y. Pub. Off. Law §§ 85-90. It is the Applicant’s responsibility to designate those portions of its proposal, if any, the Applicant claims should be exempt from disclosure under FOIL. To the extent the law permits, HTFC will use reasonable efforts to hold the designated portions of the application in confidence. An

Applicant must clearly designate in its application those portions of the application, if any, that the Applicant believes are trade secrets or are maintained for the regulation of commercial enterprise that, if disclosed, would cause substantial injury to the competitive position of the Applicant.

Any contract, agreement and award issued pursuant to this NOFA are contingent on future Federal Budget appropriations. HTFC reserves the right to amend or terminate any such contract, agreement or award at any time if future funding is insufficient.

5. Diversity Requirements

5.1 Equal Employment Opportunity (EEO), Diversity, and SDVOB Information

Proposers that are certified in New York State as a Minority-Owned Business, a Woman-

Owned Business, an MWBE or a Service-Disabled Veteran Owned Business should attach evidence of their certification.

Proposers who will subcontract with firms that that are certified in New York State as a

Minority-Owned business, a Woman-Owned Business, an MWBE or a Service-Disabled

Veteran Owned Business should attach evidence of that firm’s certification and should also indicate what tasks the Subcontractor will deliver and how much they will be paid.

Proposers must complete and submit the following Diversity related items as part of their response: 1

- ) Equal Employment Opportunity Staffing Plan, PROC-1 form.

- 2) Minority and Women Business Enterprises – Equal Employment Opportunity

Policy Statement, PROC-4 form.

- 3) Company Demographic Profile, PROC-7 form.

- 4) EEOC Statement, PROC-8 form. Please note that completion of the PROC-8 form is applicable to Proposers with 15 or more employees.

- 5) Diversity Practices Questionnaire, PROC-9 form.

All of these forms may be found here.

6. Application Requirements

A complete application for this NOFA is comprised of five (5) separate tabs. The Application must be complete and prepared in a format consistent with the instructions provided in this

NOFA. In all instances, HTFC’s determination regarding the application will be final. At

HTFC’s sole discretion, applications not organized in the manner prescribed in this NOFA may be considered incomplete or scored lower. Applicants should not refer to other parts of https://hcr.ny.gov/procurement-and-contract-information the application or to information that may be publicly available elsewhere, or to the

Applicant’s or other websites, in lieu of answering a specific question.

6.1 Application Submission Requirements

Applicants will submit components, referred to here as tabs. Each tab will be consolidated into a single, digital file that contains all the required documents for that section of the proposal.

• Tab One: Cover Letter

• Tab Two: Application Narrative

• Tab Three: Budget

• Tab Four: Vendor Responsibility Questionnaire and Additional Certifications

• Tab Five: Any Supporting Attachments (e.g. resumes)

Applications must be sent in one email with five attachments, one for each Tab, to

RentalRFP@hcr.ny.gov.

Each tab must be submitted in a searchable portable document format (“PDF”) compatible with Adobe Reader XI. HTFC will not accept discs, flash drives, or FTP file references that require downloading information from the Applicant’s or a third party’s website. If any of the files are too large, HTFC may at its discretion approve submitting in multiple emails, and/or breaking up tabs into more than one file.

It is the Applicant’s sole responsibility to ensure that all emails and attachments are delivered on time in a legible format. The time of receipt for the application will be the time it is received by HTFC at the email listed above, and not the time it was sent. Please note that applications are large and may take time to come through the state email system. Please consider that time when you send. Applicants assume all risk for application delivery. An application may be deemed to be incomplete or low scoring because it is materially incomplete or not properly formatted. HTFC reserves the right to seek clarification or request additional information either verbally or in writing. The determination of whether any application is complete or was received on time is at the sole discretion of HTFC. All submitted applications shall become the property of HTFC.

7 . Content of Applications

All application materials must be typed and submitted in the format prescribed. No handwritten documents will be accepted.

Applications shall be submitted with the information and documentation listed below in the order in which it is requested. The Applicant must submit an application that clearly provides all information required in this NOFA. Emphasis should be concentrated on conformance to the NOFA instructions, responsiveness to the NOFA requirements, and clarity of content.

The Applicant is advised to thoroughly read and follow all instructions contained in this

NOFA. HTFC does not require, nor desire, any promotional materials that do not specifically address the response requirements of this NOFA.

7.1 TAB 1: Application Cover Letter

The Applicant’s Cover Letter must not exceed two (2) letter-sized pages and should include:

A. The organizational history and legal structure of the Applicant.

B. A description of any subcontractor, partners and affiliates who will be involved in the administration of the rental assistance requested.

C. A written certification confirming that the information contained in the application is true and accurate and that the person signing the cover letter is authorized to submit the application on behalf of the Applicant.

D. The estimated total cost to administer MMP for five years, based on the budget submitted in Tab 3.

E. Signature of an authorized representative of the Applicant.

7.2 TAB 2: Application Narrative

The content in Tab 2 must be no more than seven (7) letter-size pages - single or double spaced, minimum 12-point font, and at least one-inch margins. The Narrative shall include the information listed below, numbered and in the order shown. The Applicant will use this section to demonstrate their team is sufficiently experienced, qualified, prepared, and ready to perform the tasks required in compliance with applicable regulations.

Section 8 and Mobility Experience & Past Performance

A. Describe the history of your team including your organization and as well as any partners subcontractors.

B. Describe your team’s previous role(s) in providing affordable housing and provide the number of years of experience.

C. Describe your team’s previous role(s) in the federal Section 8 program and provide the number of years of experience.

D. Describe your team’s previous role(s) in administering and delivering mobility counseling programs for Section 8 applicants and participants and provide the number of years of experience.

E. List any monitoring findings or instances of contract non compliance, either from the

U.S. Department of Housing and Urban Development, or from any of the agencies within HCR within the past five (5) years.

F. Are any of these findings currently unresolved? If so, please explain.

Key Staff Qualifications

A. List each staff member for your organization and any of your partners or subcontractors who will be directly engaged in producing the deliverables and achieving the outcomes listed in the Recipient Duties (Attachment 1). Provide their number of years of experience performing those or similar duties.

B. Provide an organizational chart that illustrates the reporting structure.

C. Attach resumes for each key staff member in Tab 5 (resumes shall not count towards the page limit).

Methodology

Describe how the Applicant will provide the deliverables and achieve the outcomes listed in

Attachment A. Your description must include:

A. List the steps the Applicant will take to provide each of the major categories of deliverables; highlight any unique strategies and best practices.

B. Explain how and why the Applicant’s approach is best suited to achieve the desired outcomes.

C. Explain any additional deliverables (e.g. new initiatives, incentives, etc.) the Applicant will propose, or modifications to the existing deliverables that will improve the overall results of MMP.

Participation

Identify any subcontractors or partners who will participate on your team who have New York

State Certification as either a Minority-owned, Woman-Owned or Service-Disabled Veteran

Owned Business. Describe what role they will play and approximately what percentage of the total budget in Tab 3 they will receive. If not, MWBEs or SDVOBs have been identified, please describe what steps, if any, the Applicant shall take to identify certified partners.

7.3 Tab 3: Budget

Using the format provided below, describe the costs that the Applicant will bill directly to

HTFC to provide the deliverables in Attachment 1. Only staffing costs and overhead should be included in your proposal. DO NOT INCLUDE the following:

• Grant funds being passed through to the Programs

• Cost of any landlord incentives or direct tenant assistance

• Cost to implement the marketing plan (e.g. cost of media providers, advertising, etc.)

• Other program-related costs

Your budget must be inclusive of all other costs to administer the MMP exclusive of those listed above. Following contract execution, HTFC reserves the right to deny any costs incurred that were not included within your proposed budget. HTFC reserves the right to amend the budget at any time with mutual consent of the Recipient.

Expenses Estimated Cost for Each fiscal Year - 4/1/27 - 3/31/32

Cost Item

Description

Year 1 ('2027-28)

Year 2

Year 3

Year 4

Year 5

Salaries

List each position including the name, title, salary, and % full-time for each position assigned.

Subcontractors

Provide the cost of any subcontractor to be used e.g. consultants.

Technology Costs

List any data applications or other technology that will be purchased, its purpose, and the name of the provider.

Travel Costs

Costs will be limited to allowable expenses under HTFC's travel policy.

Occupancy

Provide any facility or site costs to be charged directly.

Indirect/Administrative

Provide the cost of any indirect rate to be applied (Note: The Applicant may only charge an Indirect Cost Rate that has been approved by HUD or HTFC in advance.

Other Please describe

Totals

7.4 Tab 4: Administrative Proposal

Applicants are subject to the requirements indicated in HTFC’s Standard Clauses and Requirements for Solicitations.

http://www.nyshcr.org/AboutUs/Procurement/ExhibitA.pdf

Applicants should complete and attach the following forms, hyperlinked herein, and include as part of this Tab for the Applicant as well as any subcontractors or partners:

1) Vendor Information FORM.

2) Lobbying Procurement Law FORM 1

3) Lobbying Procurement Law FORM 2.

4) Non-Collusive Bidding Certification FORM.

5) Vendor Responsibility Questionnaire Not-For-Profit Business Entity. And For Profit Business

Entity (for any subcontractors).

6) Vendor Assurance Form

In addition to completion of the forms hyperlinked above, the Applicant must provide the following items according to the instructions provided below.

1) INSURANCE – The Applicant shall provide either: (a) proof that the Applicant has the required insurance, per the terms of Section 8 in this NOFA, and confirming that if awarded a contract(s), the Applicant will maintain the same types of insurance for the life of the contract -OR- (b) a statement from the Applicant that they will acquire the required insurance prior to contract execution, and will maintain the required insurance for the life of the contract.

2) DISCLOSURES - Attach a separate letter from the applicant indicating whether the applicant or any of its subcontractors, partners or affiliates is required to make any of the disclosures listed below. If no disclosures are required, please provide a letter stating that there are no disclosures.

a. Conflict of Interest - Disclose any existing or contemplated relationship with any other person or entity, including relationships with any parent, subsidiary, or affiliated firm, which would constitute an actual or potential conflict of interest or appearance of impropriety relating to other clients/customers of the Applicant, or former officers and employees of HTFC and its Affiliates, in connection with your rendering services enumerated in this NOFA. If a conflict does or might exist, please describe how your firm would eliminate or prevent it. Indicate what procedures will be followed to detect, notify HTFC of, and resolve any such conflicts.

b. Other Disclosures - The Applicant must disclose whether any of the individuals or entities listed in Tab 2 have been the subject of any adverse findings that may prevent

HTFC from selecting Applicant. Such adverse findings may include, but are not limited to:

• Investigation or disciplinary action by the New York State Commission on Public

Integrity or its predecessor State entities (collectively, “Commission”), or a commission of public integrity in another State;

http://www.nyshcr.org/assets/documents/3899.pdf http://www.nyshcr.org/AboutUs/Procurement/LobbyingLawForm1.pdf http://www.nyshcr.org/AboutUs/Procurement/LobbyingLawForm2.pdf http://www.nyshcr.org/AboutUs/Procurement/LobbyingLawForm2.pdf http://www.nyshcr.org/assets/documents/1409.pdf https://hcr.ny.gov/system/files/documents/2021/07/210721_venrep_not-for-profit_organzation_final__0.pdf https://hcr.ny.gov/system/files/documents/2025/12/251222_venrep-questionnaire_forprofit_final.pdf https://hcr.ny.gov/system/files/documents/2025/12/251222_venrep-questionnaire_forprofit_final.pdf https://hcr.ny.gov/system/files/documents/2020/04/vendor-assurance-of-no-conflict-of-interest-and-detrimental-effect.pdf

• Negative findings from the NYS Inspector General, a Federal Inspector General, or from the U.S. Government Accountability Office, or from an Inspector General in another State;

• Pending or unresolved legal action from the U.S. Attorney General or from an attorney general in NYS or another State;

• Arson conviction or pending case;

• Harassment conviction or pending case;

• Local, NYS or other State, Federal or private mortgage arrears, default, or foreclosure proceedings;

• In rem foreclosure;

• Tax liens or substantial tax arrears;

• Fair housing violations, litigation, or administrative procedures currently underway or commenced within the last 10 years;

• Defaults under any Federal, State, or locally sponsored program;

• A record of substantial building code violations or litigation against properties owned and/or managed by Applicant, or by any entity or individual that comprises Applicant;

• Past or pending voluntary or involuntary bankruptcy proceeding;

• Conviction for fraud, bribery, or grand larceny; and

• Entity listed on the Federal or State excluded parties’ or debarment lists.

The Applicant must include a brief description for any negative finding that indicates how the finding was resolved or whether it remains unresolved. HTFC reserves the right to terminate a contract or rescind an award in the event it determines that an Applicant failed to properly disclose.

HTFC also reserves the right to request audited financial statements or other proof of financial capacity at any time prior to or after an award or contract execution.

8 . Evaluation, Selection and Notification

8.1 Completeness Review

All applications submitted prior to the deadline will be reviewed to determine if they contain each of the required components specified in this NOFA. Late applications will be rejected.

Applications determined to be substantially incomplete will be rejected. For applications submitted on time but determined to have minor deficiencies, applicants will be given one opportunity to submit the items missing within three (3) business days. If the Applicant fails to submit the missing items within the specified timeframe, that application will be rejected.

8.2 Application Scoring

Complete applications will be scored by a review committee based on the following:

1. Experience (20%)

2. Staffing (20%)

3. Methodology (25%)

4. Budget (25%)

5. MWBE/SDVOB participation (10%)

HTFC reserves the right to reject any application in response to this NOFA, regardless of its score, if HTFC discovers information that calls into question the responsibility of the Applicant or its subcontractors, partners, or affiliates.

HTFC reserves the right to schedule interviews with some or all Applicants prior to making a selection.

8. General Conditions and Insurance Requirements

A. Compliance. To the extent applicable, Recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 982 including any regulations referenced therein as such regulations apply directly to Subrecipient’s obligations under this Agreement. Recipient also agrees to comply with all other applicable Federal, State and local laws, regulations, HUD Notices, policies, and guidelines, whether existing or to be established, governing the Grant Funds provided under this Agreement. This includes but is not limited to the terms included within

Attachment 2 of this NOFA.

In the event a conflict arises between the provisions of this Agreement and any of the foregoing, the Federal, State, and local laws, regulations, HUD Notices, policies, and guidelines shall control and this Agreement shall be interpreted in a manner so as to allow for the terms contained herein to remain valid and consistent with such Federal, State, and local laws, regulations, HUD Notices, policies, and guidelines. Recipient further agrees to utilize Grant Funds available under this Agreement to supplement rather than supplant funds otherwise available. Finally, the Recipient agree to pass on all applicable requirements to any Subrecipients or Subcontractors and shall assume full legal responsibility for doing so.

B. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The Recipient shall at all times remain an

“independent contractor” with respect to the efforts to be performed under this

Agreement. Grantor shall be exempt from payment of all Unemployment

Compensation, FICA, retirement, life and/or medical insurance, and Workers'

Compensation Insurance, as Recipient is an independent entity. Notwithstanding the foregoing, the Budget includes a HUD-approved indirect rate and that rate, as approved by HUD, may include some of the above-listed items. As such, this

Agreement does not prohibit payment of such items as long as they are imbedded in the indirect rate.

C. Hold Harmless. The Recipient shall and hereby agrees to hold harmless, defend (with counsel acceptable to HTFC) and indemnify HTFC and each and all of its successors, affiliates, or assigns, and any of their employees, officers, directors, attorneys, consultants, agents, directors, officers, managers, and affiliates, from and against any and all third party damages, costs, attorneys’ fees, claims, expenses, injuries, property damage, causes of action, violations of law, violations of this Agreement, and losses of any form or nature arising from or related to the conduct of the Recipient in the performance of the efforts called for in this Agreement, resulting from Recipient’s negligence or malfeasance in its performance hereunder. This indemnity shall expressly include, but is not limited to, the obligation of the Recipient to indemnify and reimburse HTFC for any and all reasonable attorneys’ fees and other litigation or dispute resolution reasonable costs incurred or to be incurred in HTFC's enforcement of this Agreement or any portion thereof against Grantor or otherwise arising in connection with Recipient's obligation to indemnify HTFC under this Section VII.C.

This clause shall survive indefinitely the termination of this Agreement for any reason.

D. Non-Discrimination and Civil Rights - The Recipient agrees to comply with all local, State, and federal laws, regulations, and requirements, as applicable, with regard to fair housing, non-discrimination, and equal opportunity, including, but not limited to, Title VI of the Civil Rights Act of 1964, Executive Order 11063, Title VIII of the 1968

Civil Rights Act (Fair Housing Act), Section 504 of the Rehabilitation Act, the

American with Disabilities Act (“ADA”) (which also prohibits discrimination based on disability and provides guidelines on reasonable accommodations), The Age

Discrimination Act of 1975, and the Violence Against Women Reauthorization Act of 2013 (HUD regulations at 24 CFR part 5, subpart L,), and New York State

Executive Law Article 15

E. Workers’ Compensation - Recipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement unless granted an exemption by the State of New York.

F. Insurance - Recipient is required to provide and maintain, at its sole cost and expense, the required insurance coverage, at the minimum limits specified herein, during the term of the Agreement and for three years after completion of work. All required insurance policies must be maintained with insurance companies licensed within the

State of New York and holding an AM Best rating of no less than A- VIII. In addition, companies writing insurance intended to comply with the requirements should be licensed or authorized by the New York State Department of Financial

Services to issue insurance in the State of New York. Grantor may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificates and/or other policy documents are accompanied by a completed

Excess Lines Association of New York (ELANY) affidavit or other documents demonstrating the company’s strong financial rating. If, during the term of a policy, the carrier’s A.M. Best rating falls below “A-,” Class “VII,” the insurance must be replaced, on or before the renewal date of the policy, with insurance that meets the requirements above.

Recipient shall deliver to HTFC evidence of the insurance required by this Agreement in a form satisfactory to HTFC. Policies must be written in accordance with the requirements of the paragraphs below, as applicable. While acceptance of insurance documentation shall not be unreasonably withheld, conditioned or delayed, acceptance and/or approval by HTFC does not, and shall not be construed to relieve the Recipient of any obligations, responsibilities or liabilities under this Agreement. The Recipient shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the term of the

Agreement.

The Recipient shall provide Grantor with a Certificate or Certificates of Insurance, in a form satisfactory to Grantor as detailed below. Certificates shall name The Housing Trust Fund

Corporation, Hampton Plaza, 38-40 State Street, Albany, NY 12207 as the certificate holder.

Within 30 business days of receipt of any notice of cancellation or non-renewal of insurance, the Recipient shall provide Grantor with a copy of any such notice received from an insurer together with proof of replacement coverage that complies with the insurance requirements of this Agreement.

Certificates of Insurance must indicate the applicable deductibles/self-insured retentions for each listed policy. Deductibles or self-insured retentions above $100,000.00 are subject to approval from Grantor. Such approval shall not be unreasonably withheld, conditioned or delayed. Recipient shall be solely responsible for all claim expenses and loss payments within the deductibles or self-insured retentions. If the Recipient is providing the required insurance through self-insurance, evidence of the financial capacity to support the self-insurance program along with a description of that program including, but not limited to, information regarding the use of a third-party administrator shall be provided upon request

Prior to the commencement of any work by a Subcontractor, the Recipient shall require such

Subcontractor to procure policies of insurance as required herein and maintain the same in force during the term of any work performed by that Subcontractor, unless otherwise approved by Grantor. Grantor reserves the right to set minimum insurance limits in any subcontracting agreement between the Recipient and its subcontractor(s). An Additional

Insured Endorsement CG 20 38 04 13 (or the equivalent) evidencing such coverage shall be provided to the Recipient prior to the commencement of any work by a subcontractor and shall be provided to Grantor upon request. For subcontractors that are self-insured, the subcontractor shall be obligated to defend and indemnify the above-named additional insureds with respect to Commercial General Liability and Business Automobile Liability, in the same manner that the subcontractor would have been required to pursuant to this section had the subcontractor obtained such insurance policies

Commercial general liability and business automobility insurance policies shall provide that the required coverage be primary and non-contributory to other insurance available to the

Grantor and its officers, agents, and employees. Any other insurance maintained by the

Grantor and its officers, agents, and employees shall be excess of and shall not contribute with the Recipient’s insurance.

For the Commercial general liability, business automobile liability, and workers’ compensation insurance required below, the Recipient shall cause to be included in its policies insuring against loss, a waiver of the insurer’s right of subrogation against the Grantor and its officers, agents, and employees, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if the Recipient waives or has waived before the casualty, the right of recovery against the Grantor and its officers, agents, and employees or

(ii) any other form of permission for the release of the Grantor and its officers, agents, and employees. A Waiver of Subrogation Endorsement shall be provided upon request. A blanket

Waiver of Subrogation Endorsement evidencing such coverage is also acceptable.

Upon policy renewal/expiration, evidence of renewal or replacement of coverage that complies with the insurance requirements set forth in the Agreement shall be delivered to

Grantor. If, at any time during the term of the Agreement, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in this

Agreement, or proof thereof is not provided to Grantor, the Recipient shall immediately cease work. The Subrecipient shall not resume work until authorized to do so by HFTC

The Recipient must furnish to Grantor evidence of the insurance requirements indicated below prior to execution of this Agreement. Recipient shall obtain and maintain in full force and effect, throughout the term of the Agreement, at its own expense, the following insurance with limits not less than those described below and as required by the terms of the Agreement, or as required by law, whichever is greater. Grantor reserves the right to modify these insurance requirements.

a. Commercial General Liability Insurance, including Contractual Liability of liability of no less than One Million Dollars U.S. Dollars ($1,000,000) per occurrence, Two Million

Dollars U.S. Dollars ($2,000,000) aggregate and Products including Completed Operations.

The policy should be written on the current edition of ISO occurrence form CG 00 01, or its equivalent, and must not include any exclusions or limitations other than those incorporated in the standard form.

The Recipient shall include coverage for on-going work and operations naming as additional insureds (via ISO coverage forms CG 20 10 04 13 or CG 20 38 04 13, or a form or forms that provide equivalent coverage): The Housing Trust Fund Corporation, its Affiliates and their officers, agents, and employees. A blanket Additional Insured Endorsement evidencing such coverage is also acceptable. If Recipient is self-insured, Recipient shall be obligated to defend and indemnify the above-named additional insured, in the same manner that the

Recipient would have been required had the Recipient obtained such insurance policies.

Coverage shall include, but not be limited to, the following:

• Premises liability;

• Independent contractors;

• Blanket contractual liability, including tort liability of another assumed in a contract;

• Defense and/or indemnification obligations, including obligations assumed the

Agreement;

• Cross liability for additional insureds; and

• Products/completed operations for a term of no less than three (3) years, commencing upon acceptance of the work, as required by the Agreement.

b. Data Breach and Privacy/Cyber Liability Insurance, in an amount not less than One Million

U.S. Dollars ($1,000,000) for each claim. Recipient is required to maintain coverage during the term of the Agreement and as otherwise required herein, Data Breach and Privacy/Cyber

Liability Insurance, including coverage for failure to protect confidential information and failure of the security of the Recipient’s computer systems due to the actions of the Recipient which results in unauthorized access of the data. Required insurance coverage limits may be provided through a combination of primary and excess/umbrella liability policies.

Said insurance shall provide coverage for damages arising from, but not limited to the following:

• Breach of duty to protect the security and confidentiality of nonpublic proprietary corporate information;

• Personally identifiable nonpublic information (e.g., medical, financial, or personal in nature in electronic or non-electronic form);

• Privacy notification costs;

• Regulatory defense and penalties;

• Website media liability; and

• Cyber theft of customer’s property including, but not limited to, money and securities.

If the policy is written on a claims made basis, the Recipient must submit to Grantor an

Endorsement providing proof that the policy provides the option to purchase an Extended

Reporting Period (“tail coverage”) providing coverage for no less than one (1) year after work is completed in the event that coverage is cancelled or not renewed. This requirement applies to both primary and excess liability policies, as applicable.

c. Bond Coverage or Employee Dishonesty in an amount not less than One Million

U.S. Dollars ($1,000,000) for each claim. The Recipient shall maintain, during the term of the

Agreement, employee dishonesty through a bond or insurance coverage. If coverage is through an insurance policy, it must be on a “loss sustained form” or “loss discovered form,” and coverage must include the following:

• The coverage must allow for reporting of circumstances or incidents that might give rise to future claims;

• The coverage must include an extended reporting period of no less than one (1) year with respect to events which occurred but were not reported during the term of the policy;

• Any warranties required by the Recipient’s insurer as a result of this Agreement must be disclosed and complied with. Said coverage shall extend coverage to include the principals (all directors, officers, agents and employees) of the

Recipient as a result of this Agreement;

• The coverage shall include coverage for third party fidelity and name the “Housing

Trust Fund Corporation and its officers, agents, and employees” as “Loss Payees” for all third party coverage secured. This requirement applies to both primary and excess liability policies, as applicable; and

• The policy shall not contain a condition requiring an arrest and conviction.

d. Professional Errors and Omissions for no less than Two Million U.S. Dollars

($2,000,000) for each claim and Two Million U.S. Dollars ($2,000,000) in the aggregate. The coverage must include the following:

• Insure loss arising from any claim or claims made arising out of the scope of services during the policy period by reason of any covered error, omission or negligent act committed in the conduct of the insured’s professional business during the policy period;

• If coverage is written on a claims-made policy, the Recipient warrants that any applicable retroactive date precedes the start of work; and that continuous coverage will be maintained, or an extended discovery period exercised, throughout the performance of the services and for a period of not less than three years from the time work under the Agreement is completed; Written proof of this extended reporting period must be provided to Grantor prior to the policy’s expiration or cancellation; and

• The policy shall cover professional misconduct or lack of ordinary skill for the positions defined in the scope of services of the Agreement.

• This policy requirement applies to both primary and excess liability policies, as applicable.

e. Automobile Liability, such insurance shall cover liability arising out of an automobile used in connection with performance under this Agreement including owned, leased, hired and non-owned automobiles bearing, or under the circumstances under which they are being used, required by the Motor Vehicles Laws of the State of New York to bear license plates in the amount not less than One Million U.S. Dollars ($1,000,000) per accident.

f. Workers’ Compensation and Disability Benefits - Sections 57 and 220 of the New

York State Workers’ Compensation Law require the heads of all municipal and State entities to ensure that businesses applying for contracts have appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals. Failure to provide proper proof of such coverage or a legal exemption will result in a rejection of a Recipient’s proposal or any agreement renewal. This Agreement will not be awarded unless proof of workers’ compensation and disability insurance is provided to

Grantor. Proof of compliance must be submitted on one of the following forms designated by the New York State Workers’ Compensation Board. An ACORD form is not acceptable proof of New York State workers’ compensation or disability benefits insurance coverage.

Proof of Compliance with Workers’ Compensation Coverage Requirements:

• CE-200 – Certificate of Attestation for New York Entities with No Employees and

Certain Out-of-State Entities that New York State Workers’ Compensation and/or

Disability Benefits Insurance Coverage is Not Required; or

C-105.2 – Certificate of Workers’ Compensation Insurance (or U-26.3 if insured through the State Insurance Fund); or

• SI-12 – Certificate of Workers’ Compensation Self-Insurance (or GSI-105.2

Certificate of Participation in Workers’ Compensation Group Self-Insurance); or

• Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-

Insurance, available from the Contractor’s Group Self-Insurance Administrator.

Proof of Compliance with Disability Benefits Coverage Requirements:

• CE-200 – Certificate of Attestation for New York Entities with No Employees and

Certain Out-of-State Entities that New York State Workers’ Compensation and/or

Disability Benefits Insurance Coverage is Not Required; or

• DB-120.1 – Certificate of Disability Benefits Insurance; or

• DB-155 – Certificate of Disability Benefits Self-Insurance.

An instruction manual clarifying the New York State Workers’ Compensation Law requirements is available for download at the New York State Workers’ Compensation

Board’s website at http://www.wcb.ny.gov/content/main/Employers/requirements-businesses-applying-government-permits-licenses-contracts.pdf.

g. Commercial Umbrella Insurance - The Recipient shall maintain a Commercial

Umbrella (Excess Liability) Insurance policy with a minimum limit of Five Million U.S.

Dollars ($5,000,000.00) per occurrence and in the aggregate. This policy shall provide excess coverage over the Commercial General Liability, Automobile Liability, and Employer’s

Liability policies, and shall be at least as broad as the underlying policies.

The Commercial Umbrella policy shall:

1. Be written on an “occurrence” basis;

2. Follow form over the underlying primary policies;

3. Provide coverage that is no less restrictive than the underlying coverage;

4. Include no exclusion for claims arising from contractual liability;

5. Respond on a primary and non-contributory basis with respect to any insurance or self-insurance maintained by the Owner/Company.

http://www.wcb.ny.gov/content/main/Employers/requirements-businesses-http://www.wcb.ny.gov/content/main/Employers/r…