RFQ 2026-01A.pdf

REQUEST FOR QUALIFICATIONS (RFQ) # 2026 – 01A

REQUEST FOR STATEMENT OF QUALIFICATIONS AND PROPOSALS FOR

CO-DEVELOPMENT PARTNER FOR THE MHACY

HOMEOWNERSHIP DEVELOPMENT INITIATIVE

The Municipal Housing Authority for the City of Yonkers, NY (the Authority) is soliciting Statements of Qualifications and Proposals from development firms interested in partnering with the MHACY for a Homeownership Development Initiative for work under a single award contract with the Authority for a five (5)-year term.

This RFQ is the only information provided to prospective respondents and contains submission requirements, terms, conditions, and other pertinent information for submitting a responsive proposal. The RFQ will be available online starting May 28, 2026, at www.mhacy.org.

The deadline for questions prospective respondents may have is June 11, 2026, at 3:00 PM Eastern Standard Time (EST). All questions must be emailed to procurement@mhacy.org prior to the questions deadline. No telephone calls and/or written communication sent via mail will be accepted.

Proposals must reach the Authority no later than 3:00 PM (EST) on June 30, 2026.

Late submissions will be handled in accordance with the provisions in Form HUD- 5369B.

The Authority is an Equal Opportunity Employer and does not discriminate based on race, sexual orientation, color, national origin, sex, religion, age, disability, or family status. The Authority solicits and encourages the participation of minorities and small businesses in procurement.

Contact, related to this procurement, with members of the Authority’s Board of Commissioners, or Authority’s officers and/or employees other than the contact person show below, during the procurement process could result in disqualification of a proposal.

Wilson Kimball President & CEO

Municipal Housing Authority for the City of Yonkers 1511 Central Park Avenue Yonkers, New York 10710

Project No. RFQ 2026-01A http://www.mhacy.org/ mailto:procurement@mhacy.org

REQUEST FOR QUALIFICATIONS (RFQ) FOR CO-

DEVELOPMENT PARTNER FOR THE MHACY

HOMEOWNERSHIP DEVELOPMENT INITIATIVE

Issued by: Municipal Housing Authority for the City of Yonkers (MHACY) RFQ Number: [RFQ-2026-01A] Date Issued: May 28, 2026 Submission Deadline: June 30, 2026, 3:00 PM Local Time Questions Due: June 11, 2026 Contact Person: John Daoud Esq., Procurement Officer. Questions only in writing and emailed to procurement@mhacy.org Submission Address: 1511 Central Park Avenue, Yonkers, New York 10710

This Request for Qualifications (RFQ) is issued in accordance with the U.S. Department of Housing and Urban Development (HUD) Procurement Handbook 7460.8 REV 2, 24 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), and applicable state and local laws. MHACY seeks to procure development firms interested in partnering with the MHACY for a Homeownership Development Initiative using Qualifications-Based Selection (QBS) procedures, as required for services under federal regulations (including the Brooks Act, 40 U.S.C. § 1101 et seq.). Selection will be based solely on qualifications and demonstrated competence; price will not be considered in the initial evaluation. After selection of the most qualified firms, MHACY will negotiate a fair and reasonable price. MHACY intends to select one single company in response to this RFQ.

Qualified Individuals or Firms responding to this Request for Qualifications must submit one (1) original and on electronic of their proposal in a sealed envelope, clearly labeled:

“Municipal Housing Authority for the City of Yonkers Development Partner Proposal – Homeownership” by the deadline above to the above address, marked “Submission Address”.

Any party interested in being considered for selection must submit a proposal in response to this RFQ in accordance with the instructions and terms herein. By submitting a proposal, the Responder agrees to be bound by the terms and conditions of this RFQ and all applicable laws, regulations and requirements that may govern the use of funds. The Authority will select one developer under this solicitation.

Proposals will be held in confidence and not released in any manner until after the selection of a development partner. Proposals will be evaluated on the criteria stated in the RFQ. The Municipal Housing Authority for the City of Yonkers (MHACY) will partner with the firm or partnership whose response, qualifications and other factors considered, are most advantageous to the Authority.

mailto:procurement@mhacy.org

Late submissions will be handled in accordance with the provisions in Section 6 of Form HUD- 5369-B titled “Late Submissions, Modifications, and Withdrawal of Offers”.

The Authority reserves the right to cancel this RFQ or to reject, in whole or in part, any and all proposals received in response to this RFQ, upon its determination that such cancellation or rejection is in its best interest. The MHACY further reserves the right to waive any deficiencies in the proposals received, if it is in the MHACY’s interest to do so.

SECTION I: INTRODUCTION AND BACKGROUND

MHACY was established under the New York State Public Housing Law to serve and provide housing opportunities for low- and moderate-income residents within the City of Yonkers. It is governed by a Board of Commissioners composed of seven members, five appointed by the Mayor for five-year terms, and two residents elected to two-year terms by their fellow residents.

MHACY is a large Public Housing Authority in Westchester County New York and manages 2079 public housing units on 21 sites across the City of Yonkers and administers approximately 2600 units of Section8 existing housing. Its mission is to provide decent, safe, and sanitary housing for lower income families Recently, MHACY has redeveloped its public housing portfolio converting it public housing to using Low Income Housing Tax Credits and private funding. As is has done so it has improved its financial viability, and its ability to meet and exceed its mission. The Authority seeks to upgrade and continue its focus on providing housing with an initiative to develop homeownership opportunities on properties it has acquired in partnership with the City of Yonkers.

The Authority’s goal is the selection of one development partner for the parcels it has acquired for homeownership. The partner selected through this procurement will jointly develop a homeownership development plan that is economically viable and results in the development of quality housing for the residents of the Authority and the City of Yonkers.

The selected development partner will co-develop the homeownership properties in close partnership with the MHACY. The Authority anticipates being an active participant in the development in all aspects. The Authority is seeking a forward-thinking development partner with the background, knowledge, and demonstrated record of innovation in partnerships with similarly sized non-profits and public agencies.

SECTION II: SEQUENCE OF EVENTS

Event Date

Release of RFQ May 28, 2026 Questions Due June 11, 2026, 3:00 PM Proposal Submissions Due June 30, 2026, 3:00 PM

SECTION III: Development Partnership Structure, Financing, and MHACY Participation

APPROACH AND FUNDING

MHACY and its professional consultant team will work closely with the selected development partner to design, develop, finance, and manage a financially viable initiative. In close partnership with the MHACY, the selected developer will be required to explore and secure public and private funding sources to finance the proposed efforts.

MHACY will provide Public Housing funds as part of its investment in the initiative and proposers must be familiar with the rules associated with federal fund requirements. Additional development sources to be considered include various other State and Federal affordable housing funding programs. The MHACY is seeking a developer who not only understands the intricacies and nuanced differences of these financing sources but is also creative in identifying and attaining other non-conventional sources.

OWNERSHIP STRUCTURE(S) AND LAND CONTROL

MHACY will allow for maximum flexibility in the structuring of its relationship with the development partner but it should be understood by the respondent that the MHACY desires to retain significant interest and involvement. Conveyance and the final terms of any agreement will require the consent and approval of MHACY’s Board.

DEVELOPMENT AGREEMENT

Once selected, MHACY will make a good faith effort to enter into a pre-development and final development agreements with the successful respondent. The development agreement will be governed by the statutes and regulations of the State of New York and HUD together with regulations and guidance regarding use of HUD provided funding.

FINANCE PROPOSAL

HUD regulations allow the Authority to enter arrangements with not-for-profit and for-profit private developers to develop properties for homeownership by low- and moderate-income families and to provide or transfer capital funds and/or operating subsidies to non-PHA owned properties. The MHACY will collaborate with the selected Developer on these opportunities and processes.

The selected developer is expected to be conversant with and able to articulate their understanding of these regulations and comply with all current, or future “funding specific” rule and regulation changes which may be implemented throughout the term of the project.

MHACY is particularly interested in partnering with developers who are non-profits.

AUTHORITY ROLE AND RESPONSIBILITIES

The MHACY will actively participate in the planning and implementation of the development process and serve as an active partner with the developer. The selected developer will coordinate closely with the Authority on all elements of the development project.

SECTION IV: SUBMISSION REQUIREMENTS AND

FORMAT

Submissions from interested parties are due on or before 3:00 PM Eastern Standard Time on June 30, 2026. Proposals received after the deadline stated may not be considered and will be returned as unresponsive.

Respondents must deliver one (1) original and one flash drive (USB format) of all proposal documents in a sealed container clearly marked with the words “MHACY Development Partner Proposal- Homeownership”.

In addition to the Letter of Interest and items 1 through 7 listed below under Submission Requirements, for proposals to be considered “responsive” they must address, at a minimum, each of the following specific elements in their proposal:

Letter of Interest - The development entity must provide a cover letter of interest identifying the principal owners of the firm(s) proposed to engage in this development. The letter must be signed by an authorized principal of the development firm and include a statement that the submittal will remain valid for not less than one hundred eighty (180) days from the RFQ issue date.

Experience and Qualifications:

1. Team Description:

Provide information on the firm, including the following information. (Note if a team is being proposed versus a single corporate entity, you must specify the team lead entity.)

The Authority reserves the right to select only the developer exclusively and may exclude any team member. If you propose a Joint Venture, the joint venture must be a legally established entity as of the date of response, and the information for the Joint Venture entity, including financial information, must be provided. Failure to clearly identify and substantiate the experience and qualifications of the entity being proposed may render the proposal nonresponsive. Required information is as follows:

A. Corporate name, description and brief history of firm (s) or team members. If the developer is a non-profit, provide its letter of determination from the IRS.

B. Main address, main telephone/fax numbers and email address for each.

C. Address and telephone number of the office from which services will be provided to the Authority, if different from above.

D. RFQ contact person, title, telephone/fax numbers and email address.

E. Provide an organization chart for the developer.

F. Description of the size, number of employees and the current workload of the potential team.

G. Identify the individual who will serve as lead for the developer and who will direct and coordinate the development effort to completion. This person will be Key, must have complete authority on behalf of the proposer and must remain on the project unless substitution is approved by the Authority.

H. Provide a narrative description of team’s previous expertise in developing housing utilizing various HUD funds/grants, public financing, PHA sources and assets including Project based Section 8, Capital Funds, Tax Exempt bonds, etc.

Specific experience in attaining public and private funding is sought by the Authority and should be clearly described in detail.

I. Indicate the extent of and the basis for the development team’s familiarity with the development of homeownership initiatives targeted toward lower income communities.

2. Planning and Development Capacity and Experience:

Provide an overview of the firm’s experience in development of homeownership properties within the target area. Each of the tasks associated with the primary responsibilities identified in the list below should be addressed:

A. Provide a detailed description of any previous homeownership housing development experience. Provide any experience working with Public Housing Agencies within the metropolitan area. Indicate size and scope of the projects listed and whether projects have been completed and occupancy has occurred.

B. Indicate record of securing affordable housing financing including Federal, state, county and local funding sources. Also indicate any potential conflict resulting from present obligations or upcoming obligations.

C. Provide information about the team’s or firm’s experience assembling financing for similar efforts. The examples should provide evidence of the development partner’s experience in utilizing layered financing, mortgage programs, forgivable loans or other types of funding programs. State the source and amount of funding for each example given. Please identify the states where the projects are located, the size of the projects, and the net proceeds received, as well as the cost of each project.

D. Provide record of non-profit partnerships, municipal and PHA development programs.

E. Provide record of Section 3 hiring and verified record for achievement with Section 3 hiring on previous projects.

3. References A. The respondent must also provide the firm’s most recent audit or a current statement prepared by a Certified Public Accountant. This audit must be for the entity or organization being proposed and not a parent, subsidiary or other entity.

B. References should be submitted for each key member of the development team.

References should substantiate any assertions made by the proposer in the response.

C. Three (3) references must be submitted for the lead developer. References that are relevant to the scope of work as anticipated in this RFQ and from among the following entities are most desirable.

i. HA executive

ii. State Finance Agency executive

iii. A community group that has worked with the developer/partner on a specific development

Note: In providing references, please provide the name, title, organization name and phone number, as well as the name of the affordable rental housing, owner housing, or commercial development with which the reference is familiar.

4. Miscellaneous Requirements and Attachments:

The respondent firm may attach, within the applicable page limits, at the end of their submission, other promotional materials or work products that would demonstrate their experience and qualifications.

5. Additional Information:

The Authority reserves the right to request additional information and any clarification it deems appropriate to the selection process, including but not limited to, assurances and certifications.

SECTION V: EVALUATION CRITERIA AND SCORING

Respondents' submittals will be evaluated based on the criteria listed in this section and further described above. In preparing the submittal to MHACY, it is important for respondents to clearly demonstrate their expertise and qualifications in the areas described in this solicitation.

Respondents are encouraged to identify and clearly label in their submittal how each criterion is being fully addressed. Evaluation of responses to this solicitation will be based only on the information provided in the submittal package, and if applicable, interviews, and reference responses. The MHACY reserves the right to request additional information or documentation from the firm regarding its submittal documents, personnel, financial viability, or other items in order to complete the selection process. If a responding firm chooses to provide additional materials in their submittal beyond those requested, but within the page limitations, those materials should be identified as such and included in a separate section of the submittal.

The following factors will be utilized by MHACY to evaluate each submission submittal received; award of points each listed factor will be solely based upon the materials submitted documentation:

Factor One – PHA Collaboration

Respondent clearly articulates its willingness and agreement to partner with the MHACY in a manner that provides significant participation, predevelopment cost sharing, fee and revenue sharing and demonstrates experience in collaboratively working with PHA’s and non-profits in the planning and implementation of development programs.

Factor Two - Experience and Capacity of Co-developer

Experience of the co-developer as demonstrated by the following:

a. Ability to obtain, structure and implement layered financing for similar projects, including private and other public financing particularly with HUD and NY HCR.

b. The degree to which the respondent demonstrates successful experience working with PHA’s or similar entities in development projects of similar size.

c. Experience of the respondent in financing of projects in the State of New York and prior project experience with New York’s Department of Housing and Community Renewal.

Factor Three – Development Concept Alignment with MHACY Strategy

a. As previously stated, MHACY seeks to develop the local capacity of non-profits to respond to community housing needs. Submissions by non-profits and local community developers will be strongly considered

b. The degree to which respondent’s response to specific qualifications set forth in the solicitation is clear, responsive and innovative and meets the needs of the MHACY in terms of meaningful and significant participation, risk, predevelopment contribution and revenue sharing.

c. Effective use of public resources including the degree to which the respondent shows creativity in its leverage of other resources, both capital and in-kind, to minimize the net use of MHACY and/or other public funds.

Factor Four – DBE/WBE/Section 3, David-Bacon Act Employment and Contracting

a. Degree to which the response demonstrates a commitment to ensuring that MHACY's stated D/WBE/Section 3 goals are met and/or exceeded.

Factor Five – References

a. The extent to which references evidencing the ability and capacity of the responding firm to collaborate with the MHACY, City and residents to be successful in a development effort.

Summary Criteria and Scoring

The following table summarizes the scoring criteria that will be utilized to evaluate the qualifications of each respondent:

Summary Evaluation Criteria and Scoring Criteria Description Points 1 PHA Collaboration 20 2 Experience and Capacity of Co-developer 20 3 Alignment with MHACY Strategy 25 4 DBE/WBE/Section 3, David-Bacon Act

Employment and Contracting

5 References 20 Total Points 100

All responses to this RFQ will be evaluated and assigned points by the Authority’s Evaluation Committee.

SECTION VI: PROCUREMENT AND AWARD PROCESS

1. Advertisement: This RFQ will be advertised in local newspapers, MHACY website, NYSPHADA to ensure full and open competition.

2. Questions and Addenda: Submit questions in writing by the due date. Addenda will be issued as needed.

3. Evaluation: Committee will rank firms based on criteria. Top firm(s) may be interviewed.

4. Selection and Negotiation: Select the most qualified firm and negotiate scope, schedule, and price. If unsuccessful, negotiate with next firm.

5. Award: MHACY reserves the right to reject any/all submissions or cancel the RFQ.

6. Protests: Protests must be filed in writing within 5 days of award notice, per MHACY policy.

7. Contract Terms: Standard AIA form contract with HUD mandatory attachments and clauses (e.g., Form HUD-5370-C General Conditions for Non-Construction Contracts).

SECTION VII: GENERAL TERMS AND CONDITIONS

• Compliance: All respondents must comply with federal, state, and local laws, including

Equal Employment Opportunity, Affirmative Action, and non-discrimination.

• Debarment Check: Firms must not be debarred/suspended (verified via SAM.gov).

• Confidentiality: Submissions become MHACY property; proprietary information must be marked.

• Costs: Respondents bear all preparation costs.

• Amendments: MHACY may amend this RFQ via written addenda.

For questions, contact the Procurement Department at procurement@mhacy.org. MHACY promotes equal opportunity and encourages submissions from Section 3 businesses, M/WBEs, and small firms.

REQUIRED ATTACHMENTS

Attachment A Vendor Qualification Form

Attachment A Cert. Vendor Qualification Certification Form

Attachment B Non-Collusion Affidavit of Contractor

Attachment C Exhibit C – General Conditions Certification

Attachment D Representations, Certifications and Other Statement of Bidders (HUD 5369A)

Attachment E Model Form of Agreement Between Owner and Design Professional (HUD 51915)

Attachment F Contract Provisions Required by Federal Law (HUD 51915 A) (initialed)

Attachment A (Part 1)

The Municipal Housing Authority for the City of Yonkers

Respondent’s Qualification Statement Architectural Services – Multiple Properties

Instructions

This questionnaire will be used in assessing a Respondent’s Qualification and will be used to determine if bid submitted is from a responsible bidder. MHACY procurement policy requires that contracts be awarded to the lowest responsible qualified bidder. Factors such as past performance, integrity of the bidder, conformity to the specifications, etc., will be used in evaluating bids.

This questionnaire must be completed by an officer who is knowledgeable about the past and present operation of the applicant. A response should be provided to each question. If a particular question does not apply, the response should state “NA” (not applicable). The completed questionnaire must be returned to the address below.

Wilson Kimball, President & CEO The Municipal Housing Authority for the City of Yonkers 1511 Central Park Avenue Yonkers, NY 10710

Please answer all questions truthfully, fully and accurately. The company may expand on the answers given or the information submitted by attaching additional pages. Use 8 ½” x 11” paper, marking each page with the firm’s name and Tax ID # (also known as the Employer Identification Number – EIN). Individual contractors that do not have a Tax ID# should enter its Social Security Number. In the event of changes in ownership, address, circumstances, conditions of status of the firm that would require amending the answers to this questionnaire, the firm should notify the above in writing of such changes within one month after the change has occurred.

General Identification

Company Name Address Street Address Suite #

City State Zip Code

Home Phone ( ) Fax Number ( ) E-mail Address

Tax ID # or Social Security #

1. Has the Company had a change of address in the past five years?

( ) Yes ( ) No

2. Has the Company operated under any other name(s) in the past five years?

( ) Yes ( ) No

3. Does the Company have offices, plants or warehouses at other addresses?

( ) Yes ( ) No

If “yes” to questions 1-3, please provide details below:

Name Address From (mo/yr) To (mo/yr)

Business Organization and History

1. Date the Company was formed ___/____/____

2. Corporate Structure

a. State in which incorporated:

b. Number of shares authorized to the corporation:

Number of shares issued to individuals or entities:

c. Registered Agent (Lawyer/Incorporator) and date of Incorporation if different than date the Company was formed:

3. Was the Company purchased as an existing business by its present owners(s)?

Date purchased ____/____/____

Previous Owner(s) Name(s):

4. Does the Company own, rent or lease any of its facilities?

( ) Own ( ) Lease/Rent

If leased or rented, provide Owner’s Name:

Phone Number:

Address:

5. Does the company share office space, staff, or equipment (including telephone exchanges) with any other business organization?

( ) Yes, list below ( ) No

Tax # Firm Name Address/Nature of Shared Facilities

6. Identify all Key People – Complete all required information on all present and past key people for the past five years. Key people include:

a. Principals, directors, officers

b. Shareholders of 5% or more of the Company issued stock

c. Any manager or individual who participates in overall policy-making or financial decisions for the company.

d. Any person in a position to control and direct the firm’s overall operations.

e. Signatories to bank accounts and any debt instruments, whether or not otherwise considered key people.

“Shareholders” are owners of stock or other securities that can be converted to stock that, if exercised, would constitute 5% of the company issued stock. Other securities include stock options, secured or unsecured bonds, warrants and rights.

Be sure to include all those who fit the definition of key people for the past five years whether or not they are currently with the company. Copy the table if more space is required.

* Provide current proper legal name and specify any name change, including maiden or married names or aliases. Each current key person of the company must file a notarized certification on the form attached as Exhibit A.

KEY PEOPLE TABLE – Complete all blank areas

Person #1 Person #2 Person #3

* Name

Home Address

Date of Birth

SS #

Title

From (date)

To (date)

% of Ownership

# of Shares Owned

How Shares Were Acquired

7. Number of employees (not including key people):

8. At present or during the past five years:

9.

At present or during the past five years: Yes/No

Has the company been a subsidiary of any other firm? ( ) Yes ( ) No

Has the company consisted of a partnership in which one or more partners are from other firms?

( ) Yes ( ) No

Has any other person or firm owned 5% or more of the company? ( ) Yes ( ) No

Has the company joint ventured with any other firms? ( ) Yes ( ) No

If “yes” to any of the above questions, list the other firms below and indicate the percent of stock, if any, owned in the company.

Firm # 1 Firm # 2

Tax ID #

Firm Name

Address

Relationship to the company (co-owner, partner, etc.)

% of the company owned

From (date)

To (date)

Representative name/title

10. At present or during the past five years:

At present or during the past five years: Yes/No

Has the company had any subsidiaries? ( ) Yes ( ) No

Has the company owned 5% or more of any other firm? ( ) Yes ( )

If “yes” to any of the above questions, list the other firms below and indicate the percent of stock, if any, owned in the company.

Tax ID # Firm Name Address % Owned By the Company

Dates of Ownership From/To

11. At present or during the past five years have any of the key people of the company served as a key person (see definition on page 3) or owned 5% or more of any other firm (including firms that are inactive or have been dissolved?

If yes, list below:

Firm Name Address Tax ID # Key Person

Position Held % Owned Remainder Owned By Dates Owned To/From

All firms listed in questions 8-10 will be referred to in the following questions as “Affiliate Firms”

12. Are any key people associated with MHACY:

Are any key people associated with MHACY: Yes/No

Past or present employees of MHACY? ( ) Yes ( ) No

Related by kinship or marriage to any present or past employee of the MHACY ( ) Yes ( ) No

If yes to either question, provide names of such individuals(s) and indicate relationship to the current/former MHACY employee:

Name of Individual Relationship

Financial Information

13. At present or in the past five years:

a. Has the company been indebted to an individual or entity other than a commercial lending institution in the cumulative amount of $50,000 or more?

b. Have any of the company’s key people been indebted to an individual or entity other than a commercial lending institution in the cumulative amount of $50,000 or more, for the benefit of the company?

c. Has the company pledge any of its stock to guarantee any of the above obligations?

( ) Yes ( ) No ( ) N/A

d. Has any individual or the company been a guarantor, so-maker or co-signer of any of these obligations on behalf of the company?

( ) Yes ( ) No ( ) N/A

If yes to any portion of question 11, provide details below:

Name of Creditor Name of Borrower Amount of Loan & Balance Remaining

Terms of Pledge or Loan

Name of Guarantor,

e. Have monies generated by the company in the cumulative amount of $50,000 or more been loaned to another firm or individual by the company or its key people? If yes, please provide details below:

Name

Address

f. Has the company or any of its affiliates or key people paid commissions or finders fees to obtain contracts or work to anyone other than its own key people?

If yes, please explain:

14. Has the company, or its affiliates or key people paid commissions or finders fees to obtain contracts or work to anyone other than its own key people paid commissions or finders fees to obtain contracts or work to anyone other than its own key people?

( ) Yes ( ) No

If yes, please provide details below:

Caption Date Docket # Court County

15. During the past five years, has the company ever:

Been the subject of a lien, judgment or litigated claim of $25,000 or more by a subcontractor, supplier or other creditor?

( ) Yes ( ) No

Failed to complete a contract for a commercial or private owner or government agency?

( ) Yes ( ) No

Had, or does it currently have, any delinquent local, city, state or federal taxes outstanding?

If yes, please explain and submit documentation of any repayment plans.

If yes to any of the above questions, supply details below

Agency/Owner Contract # Description of Circumstances and Current Status

Date of Events

Name/Phone Number of Contact Person

Experience/Performance

16. On the following table summarize the services provided by the company for the last three years:

Fiscal Year End

Services Provided Total Income

Prior Year

Prior Year 2

Prior Year 3

17. Has the company or any of its officer, owners or managers had any business-related licenses, certificates or certifications revoked in the past 5 years?

If yes, please explain

Compliance Information

18. In the past five years has the company or any of its affiliate firms been the subject of any of the following actions by any government agency:

(Government agencies include city, state, federal public agencies, quasi-public agencies, authorities and corporations, public development corporations and local development corporations.)

Been suspended, debarred, disqualified, had it’s prequalification revoked or otherwise been declared ineligible to bid or to perform work?

( ) Yes ( ) No

Been barred from bidding or denied a contract as a result of refusal key people to testify before a grand jury or administrative board?

( ) Yes ( ) No

Been denied a contract despite being the low bidder for any other reason? ( ) Yes ( ) No

Been defaulted on a contract? ( ) Yes ( ) No

Had a contract terminated, for either “cause” or “convenience” ( ) Yes ( ) No

Been given a final unsatisfactory performance determination or deemed a poor performer (by letter or formal proceedings)?

( ) Yes ( ) No

Been prevented, or barred from bidding for any other reason? ( ) Yes ( ) No

Been denied a contract for failure to obtain surety or otherwise provide required security?

( ) Yes ( ) No

Had liquidated damages assessed against it upon completion of a contract or failure to complete a contract

( ) Yes ( )

Matters under appeal must be disclosed. If yes to any portion or question 19, please supply details below:

Agency Contract # Date of Action Describe Action Name/Phone # of Agency or Owner Contact Person

19. In the past five years, has the company or any current or past key people or affiliate firms been a plaintiff or defendant in any lawsuits arising out of the company’s operations?

( ) Yes ( ) No

If yes to question 20, supply details below and submit documentation if applicable. Indicate in P/D column whether the company’s key people or key firms were plaintiffs (P) or defendants (D).

Caption or Action P/D Index/Docket No. Date Status

20. In the past ten years has the company or any of its current or past key people or affiliate firms:

a. Been under investigation involving any alleged violation of criminal law relating to business activities:

( ) Yes ( ) No

An INVESTIGATION includes an appearance before a grand jury by representatives of a business entity, any oral or written inquiry or review of the entity’s documents by a public agency, temporary commission or other investigative body including, but not limited to; subpoenas and/or search warrants, or questioning of employees concerning the general operation of a specific project or activities of such business entity.

Had records in its or his/her control, custody or ownership subpoenaed by any law enforcement agency?

( ) Yes ( ) No

Been questioned by any officer or agent of a law enforcement agency regarding any practices or conduct relating to the providing of construction related services?

( ) Yes ( ) No

Been advised of being the target or subject of an investigation involving any violation of criminal law?

( ) Yes ( ) No

Been notified of being the subject of court ordered electronic surveillance? ( ) Yes ( ) No

Been arrested or indicted or otherwise named as an unindicted co-conspirator in any indictment or other accusatory instrument?

Been convicted, after trial or by plea, of any felony under state or federal law? ( ) Yes ( )

Been convicted of any misdemeanor involving business-related crimes? ( ) Yes ( ) No

Entered a plea of nolo contendere to a change of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or a violation of the antitrust law?

( ) Yes ( ) No

Entered into a consent decree? ( ) Yes ( ) No

Been granted immunity from prosecution for any business-related conduct constituting a crime under state or federal law?

( ) Yes ( ) No

Taken the Fifth Amendment in testimony regarding a business-related crime? ( ) Yes ( )

If yes to any portion of question 21, supply details below and submit documentation.

Agency or Court Nature of Charges Key Person Named Date of Charges

21. In the past ten years has the company or any of its current or past key people or affiliate firms engaged in any of the following practices:

Filed with a government agency or submitted to a government employee a written instrument which the company or any of its key people or affiliate firms knew contained a false statement or false information?

( ) Yes ( ) No

Falsified business records? ( ) Yes ( ) No

Given, or offered to give money, gifts or anything of value or any other benefit to a labor official or public servant with intent to influence that labor official or public servant with respect to any of his or her official acts, duties or decision as a labor official or public servant?

( ) Yes ( ) No

Given or offered to give money, gifts or anything of value or any other benefit to a labor official or public servant for any reason?

Given or offered to give money or other benefit to an official or employee of a private business with intent to induce that official or employee to engage in unethical or illegal business practices?

( ) Yes ( ) No

Agreed with another to bid below prevailing market rate? ( ) Yes ( ) No

Agreed with another to submit identical or complementary bids or otherwise not to bid competitively or agree to withdraw or abstain from bidding?

( ) Yes ( ) No

Agreed with another not to submit competitive bids in another’s territory established either by geography or customers?

( ) Yes ( ) No

Agreed with another to take turns in obtaining contracts by pre-determining which firm shall submit the lowest bid?

( ) Yes ( )

This document was prepared by:

Title

ATTACHMENT A

(Part 2)

RESPONDENT’S CERTIFICATION

This certification must be completed by each current key person of the company identified in response to question 6 in Respondent’s Qualification Statement and by a representative of each firm that is currently an owner or affiliate of the company identified in response to questions 8-10 in Respondent’s Qualification Statement. Certification must be notarized when signed.

I being duly sworn, state that I am

(name) (title) of the company, and that I have read and understood the questions contained in the attached representations and warranties statement and its appendices.

I certify that to the best of my knowledge the information given in response to each question and the appendices is full, complete and truthful as of this date hereof and as of the date of closing.

I acknowledge that the MHACY or its designee may, by means it deems appropriate, determine the accuracy and truth of the statements made in the application.

I recognize that all the information submitted is for the express purpose of inducing the MHACY or its designee to enter contract or do business with company or its affiliates.

I agree and warrant that truthfully answering the questions in connection with these representations and warranties is an event entirely within my control.

I authorize the MHACY or its designee to contact any entity named in the attached representations and warranties for purposes of verifying the information supplied by the company.

Signature Title

Sworn to before me this ___ day of _____________, 2022

Notary Public

Municipal Housing Authority for the City of Yonkers Special Conditions for Non-Construction Contracts

[Greater than $100,000, without maintenance] TABLE OF CONTENTS General 1

1. Contract 1

2. Definitions 1

Term and Termination 1

3. Contract Term 1 Compensation 1

4. Performance Standard 1

5. Payments 1

Recordkeeping & Reports 1

6. Establishment and Maintenance of Records 1

7. Status Reports 1

Insurance 1

8. Liability Coverage 1

9. Worker’s Compensation Insurance 2

10. Insurance Conditions 2

General Indemnity 2

11. MHACY Indemnification 2

Default and Remedies 3

12. Additional Defaults 3

13. Remedies 3

Hiring 3

14. (Intentionally Omitted) 3

15. Intentionally Omitted) 3

16. Intentionally Omitted) 4

17. Intentionally Omitted) 4

18. Conflicts of Interest 4

19. Family Conflicts 4

Miscellaneous 4

20. Communications 4

21. Licenses

22. Sales Tax 4

22. Entire Agreement 4

23. Choice of Law 4

24. Forum & Venue 4

1. Contract

(a) The Municipal Housing Authority for the City of Yonkers (“MHACY”) that first appears in the documents listed below, governs:

(i) the main contract document incorporating these special conditions;

(ii) HUD-5370-C;

(iii) these special conditions;

(iv) any HA Request for Proposals, with amendments (“RFP”); then

(v) Contractor’s proposal response to the RFP.

2. Definitions

(a) Terms not defined in these special conditions are found in the HUD-5370-C or the main contract document incorporating these special conditions.

(b) “Contractor” includes contractor’s officers, employees, agents, and subcontractors.

Term and Termination

3. Contract Term

(a) Contractor shall begin performance on the date of this contract.

(b) HA may extend the term of this contract at its sole discretion if Contractor’s service is essential to a project’s completion.

(c) Compensation

4. Performance Standard Contractor shall make its best effort to provide its service using the highest professional skill and competence.

5. Payments On a quarterly basis Contractor shall pay MHACY the identified $25.00 per tow administrative fee for all services done to HA’s satisfaction, within 30 days of the close of each calendar quarter.

6. Establishment and Maintenance of Records Contractor shall establish and maintain fiscal control and accounting procedures that assure proper accounting for all funds paid by towed owners to Contractor.

7. Status Reports Contractor shall furnish MHACY with such information and reports concerning the progress and management of this contract as MHACY may require from time to time.

8 Insurance Contractor shall maintain insurance applicable for any one occurrence, and $1,000,000 for all property damage sustained as a result of any one occurrence, or a limit of not less than $3,000,000 Combined Single Limit (CSL).

(ii) Fidelity/Crime Insurance. Limits of not less than $1,000,000 per occurrence, which covers claims incurred as a result of Contractor’s employees’ dishonesty, burglary, theft, fraud, or destruction of property.

(iii) Automobile Liability Insurance. Limits not less than $1,000,000 for all damages for any bodily injury sustained by each person as a result of any occurrence, and $1,000,000 for damage because of bodily injury sustained by two or more persons as the result of any occurrence, and $100,000 for property damage sustained as the result of any one occurrence, or a limit of not less than $1,250,000 Combined Single Limit (CSL).

9.Worker’s Compensation Insurance Contractorshall maintain Worker’sCompensation Insurance for its employees in accordance with New

York law or in accordance with the statutes of Contractor’s home state.

10. Insurance Conditions

(a) Contractor shall purchase insurance coverage from an insurance company licensed to conduct business in

New York or a company approved by the Authority.

(b) Contractor shall ensure all required insurance policies provide occurrence-based coverage.

(c) MHACY may review the insurance requirements and coverages from time to time. Contractor agrees to comply with MHACY’s reasonable new or modified insurance requirements.

(d) Contractor shall pay all insurance deductibles, if any, or indemnify MHACY from paying Contractor’s insurance deductibles, or both.

(e) Contractor agrees that the amount of insurance required does not, in any way, limit the liability of Contractor by virtue of its obligation to indemnify MHACY, so that all claims resulting in a settlement or judgment or other claim-related payment in excess of the coverage amounts required, if any, are the sole responsibility of Contractor to pay, to indemnify MHACY from paying, or both.

(f) Contractor shall ensure that following phrase is placed by its insurer in the ACORD Certificate of Insurance form’s comments section: “The Municipal Housing Authority for the City of Yonkers is named as an Additional Insured.”

(g) Contractor shall furnish MHACY all insurance renewal certificates at least thirty (30) days prior to policy expiration.

(h) Contractor shall maintain insurance coverage in full force for the duration of this contract, including extensions or renewals. Contractor’s cancellation or termination of insurance policies required by this contract without immediate replacement is a default. HA may cure such a default by procuring insurance on behalf of Contractor, at Contractor’s expense.

(i) Contractor shall ensure that Contractor’s insurer will provide HA 30-days’ notice before cancellation or decrease in coverage, of any insurance policy required.

11. MHACY Indemnification

(a) In this section, the following definitions apply:

“Litigation Expense” means any reasonable out of pocket expense incurred in defending a Proceeding or in any related investigation or negotiation, including court filing fees, court costs, arbitration fees, witness fees, and attorneys’ and other professionals’ fees and disbursements.

“Losses” means any amount awarded in, or paid in settlement of, any Proceeding, including any interest and any Litigation Expenses.

“Proceeding” means any judicial, administrative, or arbitration action, suit, claim, investigation, or proceeding.

(b) Contractor shall indemnify the MHACY against all Losses arising out of a Proceeding against the MHACY by a non-party to this contract (“Claim”), except to the extent that MHACY negligently or intentionally caused those Losses.

(c) MHACY must promptly notify Contractor of that Claim and deliver to Contractor a copy of all legal pleadings with respect to the Claim.

(d) To assume the defense of a Claim, Contractor must notify MHACY that it is doing so. Promptly thereafter, Contractor shall retain to represent it in the Claim, independent legal counsel that is reasonably acceptable to MHACY.

(e) HA is entitled to participate in the defense of a Claim. MHACY may defend a Claim with counsel of its own choosing and without Contractor participating if (1) Contractor notifies HA that it does not wish to defend the Claim, (2) by midnight at the end of the tenth business day after HA notifies Contractor of the Claim Contractor fails to notify HA that it wishes to defend the Claim, or (3) representation of Contractor and MHACY by the same counsel would, in the opinion of that counsel, constitute a conflict of interest.

(f) Contractor shall pay any Litigation Expenses that HA incurs in connection with defense of the Claim before Contractor assumes the defense of that Claim, except with respect to any period during which MHACY fails to timely notify Contractor of that Claim. Contractor will not be liable for any Litigation Expenses that MHACY incurs in connection with defense of a Claim after Contractor assumes the defense of that Claim, other than Litigation Expenses that HA incurs in employing counsel in accordance with subsection (d), which Litigation Expenses Contractor shall pay promptly as they are incurred.

(g) After Contractor assumes the defense of a Claim, Contractor may contest, pay, settle, or compromise the Claim at its discretion, except that it may not compromise or settle the Claim without the consent of MHACY unless that compromise or settlement (1) does not entail any admission on the part of MHACY that it violated any law or infringed the rights of any Person, (2) has no effect on any other claim that may be brought against HA, (3) provides as the claimant’s sole relief monetary damages that are paid in full by Contractor, and (4) requires that the claimant release MHACY from all liability in respect of the Claim.

Default and Remedies

12. Additional Defaults

(a) Default includes, in addition to those stated elsewhere in this contract:

(i) a competent authority, such as a government official or a Certified Public Accountant, determines that Contractor’s management of, or any accounting for, its funding, as relates to this contract, is improper, inadequate, or illegal; and

(ii) a court having jurisdiction enters a decree or order adjudging Contractor bankrupt or insolvent, or approving as properly filed Contractor’s petition seeking reorganization, readjustment, arrangement, composition, or similar relief for Contractor under federal bankruptcy laws, or any other similar applicable law.

(b) MHACY may waive any default. MHACY’s waiver as to a particular default does not constitute a waiver of any other default, whether of the same or different type, and whether preceding or succeeding the waived default. MHACY’s waiver of a default is not effective unless written and signed by its Executive Director.

13. Remedies

(a) MHACY may elect to pursue any one or more of the following remedies, in any combination or sequence, for any default not waived by MHACY:

(i) any action as MHACY deems necessary, including the temporary withholding or reduction of payment;

(ii) suspend program operation;

(iii) require Contractor to cure such default to MHACY’s satisfaction; and

(iv) terminate this contract.

(b) MHACY’s selected remedy does not prohibit HA from pursuing any other remedy and does not constitute a waiver by MHACY of any other right or remedy.

Hiring

Conflicts of Interest

18. Family Conflicts

(a) Contractor represents that it has disclosed to MHACY any immediate family member (parent, parent-in-law, spouse, child, brother, sister, brother-in law, sister-inlaw, or stepparent) of any of its employees, agents, or subcontractors, who is employed by MHACY.

19. Communications

(a) Both parties agree to write all notices, including demands, requests, instructions, approvals, proposals, and claims.

(b) MHACY will deliver all notices to Contractor by delivering them to Contractor’s registered business address or by mailing them in sealed, postage-paid envelopes, addressed to Contractor’s registered mailing address.

(c) Contractor may specify a different address for notices by delivering an address change notice to MHACY.

(d) Contractor will deliver all notices to MHACY by delivering them to Contracting Officer at MHACY’s main office or by mailing them in sealed, postage-paid envelopes, addressed to Contracting Officer at the Authority’s main office.

(e) MHACY may specify a different address for notices by delivering an address change notice to Contractor.

20. Licenses Contractor and all subcontractors shall hold, at all times, all licenses required by the State of New York and the City of Yonkers, if any.

21. Sales Tax MHACY shall provide Contractor the necessary tax-exempt information when required.

22. Entire Agreement

(a) This contract constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this contract. All prior and contemporaneous negotiations and agreements between the parties on matters contain in this contract are expressly merged into and superseded by this contract. The provisions of this contract may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings.

(b) In entering into this contract, neither party has relied upon any statement, representation, or agreement of the other party, except for those…