YCDA Policies & Procedures

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COMPENSATION, REIMBURSEMENT AND ATTENDANCE POLICY 

The members ("Members") of the Yonkers Community Development Agency (the "Agency") shall serve without salary but may be reimbursed for necessary expenses, including traveling expenses, incurred in the discharge of their duties at the approval of the Members. 

The officers and employees of the Agency shall serve at the pleasure of the Members at such compensation levels as may be approved by the Members from time to time and may be reimbursed for reasonable expenses incurred in the performance of their duties at the approval of the Members. 

The Members, officers, and employees of the Agency shall be available as required to perform the operations of the Agency and as set forth within the By-Laws of the Agency, as may be amended, restated or revised by the Members from time to time. Said Members and officers of the Agency shall put forth their best efforts to perform their respective duties as outlined in the By-Laws of the Agency and any other directives of the Members relating to same.

 

WHISTLEBLOWER POLICY 

Every member, officer or employee of the Agency, in the performance of their duties shall conduct themselves with honesty and integrity and observe the highest standards of business and personal ethics as set forth in the Code of Ethics of Yonkers Community Development Agency (the "Code"). 

Each director, officer or employee is responsible to report any violation of the Code (whether suspected or known) to the Secretary of the Agency. Reports of violations will be kept confidential to the extent possible. No individual, regardless of their position with the Agency, will be subject to any retaliation for making a good faith claim and, any employee who chooses to retaliate against someone who has reported a violation shall be subject to disciplinary action which may include termination of employment. Regardless, any claim of retaliation will be taken and treated seriously and irrespective of the outcome of the initial compliant, will be treated as a separate offense. 

The Secretary of the Agency is responsible for immediately forwarding any claim to the Agency's counsel who shall investigate and handle the claim in a timely manner.

TRAVEL POLICY 

This policy applies to all members, officers and employees of the Yonkers Community Development Agency (the "Agency"). 

All official travel for which a reimbursement will be sought must be approved by the Secretary prior to such travel. Provided, however, in the instance where the Secretary will seek reimbursement for official travel, such travel must be pre-authorized by the Treasurer and Chairman of the Agency. 

The Agency will reimburse all reasonable expenses related to meals; travel and lodging that were incurred by any member, officer or employee as a result of the performance of their official duties. All official travel shall be properly authorized, reported and reimbursed. Under no circumstances shall expenses for personal travel be charged to, or temporarily funded by the Agency. It is the traveler’s responsibility to report his or her travel expenses in a responsible and ethical manner, in accordance with this policy. 

Travelers may use their private vehicle for business purposes and will be reimbursed at a standard mileage reimbursement rate then in use by the City of Yonkers employees. 

Meals will be reimbursed at actual expense or a per diem rate, whichever is less. 

Lodging will be reimbursed at actual expense up to certain daily rate caps established for various locations. The applicability of such caps shall be determined on a case by case basis talking into consideration availability of lodging and other extenuating circumstances. 

Reimbursement for miscellaneous expenses shall be determined on a case by case basis. 

Mileage rates, per Diem allowances and lodging caps will be established and from time to time, as amended by the Treasurer of the Agency. All determinations made pursuant to this policy shall be made by the Treasurer. In the instance where such determinations regard the travel of the Treasurer, the Secretary shall make such determinations.

CODE OF ETHICS OF YONKERS COMMUNITY DEVELOPMENT AGENCY 

No member, officer, or employee of the Agency shall

  • accept other employment which will impair his or her independence of judgment in the exercise of his or her official duties;
  • accept employment or engage in any business or professional activity which will require him or her to disclose confidential information which he or she has gained by reason of his or her official position of authority;
  • disclose confidential information acquired by him or her in the course of his or her official duties nor use such information to further his or her personal interests;
  • use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself, herself or others;
  • engage in any transaction as a representative or agent of Agency with any business entity in which he or she has a direct or indirect financial interest that might reasonably tend to conflict with proper discharge of his or her official duties;
  • ·not, by his or her conduct, give reasonable basis for the impression that any person can improperly influence him or her or unduly enjoy his or her favor in the performance of his or her official duties, or that he or she is affected by the kinship, rank, position or influence of any party or person;
  • abstain from making personal investments in enterprises which he or she has reason to believe may be directly involved in decisions to be made by him or her or which will otherwise create substantial conflict between his or her duty in the public interest and his or her private interest; and;
  • endeavor to pursue a course of conduct which will not raise suspicion among the public that he or she is likely to be engaged in acts that are in violation of his or her trust.

 

 INVESTMENT POLICY 

 INVESTMENT AND DEPOSIT POLICY

A. Introduction

1. Scope – This investment and deposit policy applies to all monies and other financial resources available for investment and deposit on its own behalf or on behalf of any other entity or individual. 

2. Objectives – The primary objectives of the local government’s investment activities are, in priority order: 
    a. to conform to all applicable federal, state and other legal requirements (legal); 
    b. to adequately safeguard principal (safety); 
    c. to provide sufficient liquidity to meet all operating requirements (liquidity); and 
    d. to obtain a reasonable rate of return (yield). 

3. Prudence – All participants in the investment process and all participants responsible for depositing the Agency’s funds shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair confidence in the Agency to govern effectively. 

Investments and deposits shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. 

All participants involved in the investment process and all participants responsible for depositing the Agency’s funds shall refrain from personal business activity that could conflict with proper execution of the investment program or the deposit of the Agency’s funds or which could impair their ability to make impartial investment decisions. 

4. Diversification – It is the policy of the Agency to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling. 

5. Internal Controls 
    a. All money’s collected by an officer or employee of the Agency shall be immediately deposited in such depositories and designated by the Agency for the receipt of such funds. 

    b. The Agency shall maintain or cause to be maintained a proper record of all book, notes, securities or other evidences of indebtedness held by the Agency for investment and deposit purposes. 

    c. The Agency is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that:

(i) deposits and investments are safeguarded against loss from unauthorized use or disposition,

(ii) transactions are executed in accordance with management's authorization and recorded properly and

(iii) all deposits, investments and transactions are managed in compliance with applicable laws and regulations. 

Designation of Depositories 

The Agency shall designate as depositories of its money those banks and trust companies authorized to serve as such pursuant to applicable law. 

7. Permitted Investments. Pursuant to Section 554(10) of Article 15-A of the New York State General Municipal Law, the Agency is to authorized to invest any moneys held in reserve or sinking funds or any moneys not required for immediate use or disbursement at the discretion of the Agency in obligations of the state or the United States government or obligations of which the principal and interest are guaranteed by the state or the United States government.

 Authorized Financial Institutions and Dealers 

The Agency shall maintain a list of financial institutions and dealers, approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Agency. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Secretary and the Treasurer are responsible for evaluating the financial position and maintaining a listing of proposed depositaries, trading partners and custodians. Such listing shall be evaluated at least annually. 

Purchase of Investments 

The Agency may contract for the purchase of investments: 
a. Directly, including through a repurchase agreement, from an authorized trading partner. 

b. By participation in a cooperative investment program with the City of Yonkers, and the specific program has been authorized by resolution of the members of the Agency. 

c. By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized by resolution of the members of the Agency. 

All purchased obligations, unless registered or inscribed in the name of the City of Yonkers, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Agency by the bank or trust company shall be held pursuant to a written custodial agreement as approved by the members of the Agency. 

The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the City of Yonkers, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the Agency a perfected interest in the securities. 

4. Repurchase Agreements 

Repurchase agreements are authorized subject to the following restrictions: 
a. All repurchase agreements must be entered into subject to a Master Repurchase Agreement. 

b. Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers. 

c. Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America. 

d. No substitution of securities will be allowed. 

e. The custodian shall be a party other than the trading partner. 

 Deposit Policy

 1. Collateralization of Deposits 

All deposits of the Agency, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by obligations of the State or the United States government or obligations of which the principal and interest are guaranteed by the State or the United States government, including those described in Exhibit #1 attached hereto ("Eligible Securities"). 


2. Safekeeping and Collateralization 

Eligible Securities used for collateralizing deposits shall be held by the depository bank or trust company subject to security and custodial agreements. 

The security agreement shall provide that Eligible Securities are being pledged to secure local government deposits together with agreed upon interest, if any and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events, which will enable the local government to exercise its rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Agency or its custodial bank. 

The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart form the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of backing for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the Agency a perfected interest in the securities. 
EXHIBIT #1 

SCHEDULE OF ELIGIBLE SECURITIES 

(1) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest by the United States of America, an Agency thereof or a United States government sponsored Agency. 

(2) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank and the African Development Bank. 

(3) Obligations partially insured or guaranteed by any Agency of the United States of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty. 

(4) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal Agency, school district or district Agency or such State or obligations of any public benefit Agency which under a specific State statute may be accepted as security for deposit of public moneys. 

(5) Zero Coupon obligations of the United States government marketed as “Treasury strips”. 

DISPOSITION OF PROPERTY GUIDELINES

  1. PURPOSE

These Guidelines and Procedures for the Disposal of Personal and Real Property (hereinafter "Guidelines"), which comply with the applicable provisions of Title 15 and 15-A of the General Municipal Law, including to undertake, finance, and complete municipal urban renewal programs to redevelop blighted, deteriorated, or deteriorating area of the City of Yonkers, or an area of the City of Yonkers which has a blighting influence on the surrounding area.

DEFINITIONS

  1. “Act” shall mean Title 5-A, Article 9 of the Public Authorities Law, as amended from time to time.
  2. “Agency” or “YCDA” shall mean the Yonkers Community Development Agency.
  3. “Contracting Officer” shall mean the Secretary of the Agency or a designee appointed by the Secretary to be responsible for the disposition of property.
  4. “Dispose” or “disposal” shall mean transfer of title or any other beneficial interest in personal or real property in accordance with these Guidelines, or General Municipal Law, and §§2896 and 2897 of the Public Authorities Law, as amended from time to time.
  5. “Guidelines” shall mean these Guidelines, as amended from time to time by the YCDA.
  6. "Property" shall mean personal property in excess of $5,000 in value, real property, and any inchoate or other interest in such property, to the extent that such interest may be conveyed to another person for any purpose, excluding an interest securing a loan or other financial obligation of another party.
  7. “Qualified and Eligible Sponsor” shall mean any person, firm, corporation or limited liability company designated by YCDA and approved by the City Council of the City of Yonkers as a qualified and eligible sponsor in accordance with established rules and procedures prescribed by the Agency.

 

Available Procedures for Disposal of Personal Property

Auction:

The YCDA may sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any personal property to any person, firm or corporation at the highest marketable price or rental at public auction where:

  1. The personal property involved has qualities that would tend to increase its value; or,
  2. The fair market value of the property does not exceed fifteen thousand dollars.  

Negotiation:

The YCDA may sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any personal property to any person, firm or corporation at the highest marketable price or rental by negotiation where:

  1. The personal property involved has qualities that would tent to increase its value; or
  2. The fair market value of the property does not exceed fifteen thousand dollars.

     

    Explanatory Statement for certain Property:

    At least 90 days prior to the disposal of the property, an explanatory statement must be sent to the Comptroller, Director of Budget, Commissioner of General Services, the Legislature, and the Authorities Budget Office.  The statement  shall be prepared of the circumstances of each disposal by negotiation of any personal property which has an estimated fair market value in excess of $15,000.00.  

     


    Sealed Bid:

    The YCDA may sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any personal property to any person, firm or corporation at the highest marketable price or rental by sealed bids. (Gen. Mun. Law §556(1); Pub. Auth. Law. §2897(6)).

    Advertising for bids:


    1. The advertisement for bids shall be made at such time prior to the disposal or contract, through such methods, and on such terms and conditions as shall permit full and free competition consistent with the value and nature of the property; and
    2. All bids shall be publicly disclosed at the time and place stated in the advertisement; and;
    3. The award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the state, price and other factors considered; provided, that all bids may be rejected when it is in the public interest to do so.
    4.  

       

      Sale inconsistent with Mission, Purpose, or Governing Statute:

      In the event the YCDA seeks to transfer an asset for less than its fair market value to a non-governmental entity, which disposal would not be consistent with the authority's mission, purpose or governing statutes, the YCDA shall provide written notification thereof to the governor, the speaker of the assembly, and the temporary president of the senate, and such proposed transfer shall be subject to denial by the governor, the senate, or the assembly.

       

       YCDA Board Approval: 

       

    5. The Board of the YCDA must approve the disposal of property for less than fair market value and make a written determination that there is no reasonable alternative to the proposed below market transfer that would achieve the same purpose.  
    6. The following information shall be provided to the Board and considered by the Board before approval: 
    7. Full description of the asset
    8. Appraisal or other information establishing fair market value
    9. Description of the purpose of the transfer and a statement of the kind and amount of benefit to the public resulting from the transfer (ie. Kind, number, location wages or salaries of jobs created pr preserved, the benefits, if any, to the communities in which the asset is situated)
    10. Statement of the value received compared to the fair market value
    11. Names of private parties participating in the transfer, and if different than statement of the value received, a statement of the value to the private party
    12.  

      Available Procedures for Disposal of Property for Less Than Fair Market Value:

    13. YCDA may dispose of real property for less than fair market value if the following requirements are satisfied. (Pub. Auth. Law. §2897(7)).
    14. Purpose:  YCDA may sell or lease real property for less than fair market value if the disposal is within the purpose, mission or governing statute of the YCDA. Or;
    15. Governmental or Public Entity: YCDA may sell or lease real property for less than fair market value if the transferee is a government or other public entity, and the terms and conditions of the transfer require that the ownership and use of the asset will remain with the government or any other public entity.
    16.  

      CONTROLLING LEGISLATION

    17. The Public Authorities Accountability Act of 2005 requires YCDA to adopt comprehensive guidelines which detail YCDA’s operative policy and instructions regarding the use, awarding, monitoring and reporting of contracts for the Disposal of Property and designate a Contracting Officer with responsibility for compliance with, and enforcement of these Guidelines.
    18.  

       

      DUTIES OF THE AGENCY

    19. Maintain adequate inventory controls and accountability systems for all Property under the control of the YCDA;
    20. Periodically inventory such Property to determine which Property shall be disposed of;
    21. Publish annually a report of all real property of the Agency. Such report shall consist of a list and full description of all real and personal property disposed of during such period. The report shall contain the price received by the Agency and the name of the purchaser for all such property sold by the Agency during such period. A copy of this report shall be delivered to Comptroller, the Director of the Budget, the Commissioner of General Services, the Legislature, and the Authorities Budget Office;
    22. Dispose of Agency Property interests in accordance with the Guidelines as promptly as possible; and
    23. These Guidelines shall be reviewed and approved annually by the Agency.  On or before the thirty-first day of March in each year, the Authority shall file with the Comptroller a copy of the Guidelines most recently reviewed and approved by the Agency, including the name of the Agency’s designated Contracting Officer. At the time of filing such Guidelines with the Comptroller, the Agency shall also post such Guidelines on the Authority's internet website and maintain such Guidelines on the website.
    24.  

      DUTIES OF THE CONTRACTING OFFICER

    25. Except as otherwise provided herein and in the Act, the Contracting Officer shall be responsible for the disposition of Agency owned Property and be responsible for YCDA’s compliance with, and enforcement of the Guidelines.
    26.  

      CUSTODY AND CONTROL OF YCDA PROPERTY

    27. The custody and control Agency property, pending its Disposal, and the Dispostal of such Property, shall be performed by the YCDA or by the Commissioner of General Services when so authorized under the Act, these Guidelines, and General Municipal Law.
    28.  

      DISPOSAL OF YCDA PROPERTY

    29.  Appraisal: Prior to disposal, an appraisal must be made of the value of any interest in real property, or any other Property which because of its unique nature is not subject to fair market pricing.  The appraisal shall be made by an independent appraiser and included in the record of the transaction.
    30. Notice to Division. of Housing and Community Renewal: Notification of intent to dispose of project real property shall be given to the Commissioner of Housing and Community Renewal of New York before any final steps are taken to dispose of the property.  The notice must identify the property and the method of disposition. (9 N.Y.C.R.R. 1802.1(a)).
    31.  

      Available Procedures for Disposal of Real Property

       

    32. Auction: The YCDA may sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any real property and appurtenances thereto or any interest therein to any person, firm or corporation at the highest marketable price or rental at public auction. (Gen. Mun. Law §556(1); Pub. Auth. Law. §2897(6)(c)(vi)).
    33. Auction Procedures: Upon determination that a parcel of Real Property shall be disposed of by auction, YCDA shall publish  on YCDA’s webpage and in the newspaper designated by the City of Yonkers as the official newspaper a notice of the auction, the terms of the auction, and the qualifications of bidders.  YCDA may take any other actions to advertise the auction as may be necessary or desirable.
    34. Purchaser is “Qualified and Eligible Sponsor”:  If purchaser is Qualified and Eligible Sponsor the following requirements must be met.
    35. Purpose:  YCDA may sell or lease real property to a Qualified and Eligible Sponsor only “for the effectuation of any of the purposes of the urban renewal program in accordance with the urban renewal plan.”
    36. Public Notice: Ten days prior to such sale, lease or other disposition, the YCDA must publish, in at least one newspaper of general circulation in the municipality, a notice which shall include a statement of the identity of the proposed sponsor and of his proposed use or reuse of the urban renewal area or of the applicable portion thereof; the price or rental to be paid by such sponsor for such property and all other essential terms and conditions of such sale, lease or other disposition shall be included in the notice.
    37. Public Hearing: A public hearing must be held no less than ten days after the public notice is issues by the City Council.
    38. City Council approval: The City Council must approve the sale following the Public Hearing.
    39. Additional requirements if project is to be aided by state loan, periodic subsidy, or capital grant:  sale must be approved by the Commissioner of Housing and Community Renewal
    40. The Fair Market Value of the Property does not exceed $15,000.00
    41. The Purchaser is a Government or other Public Entity: If purchaser is governmental or public entity, the following requirements must be met.
    42. YCDA may sell or lease real property to a governmental or public entity only “for the effectuation of any of the purposes of the urban renewal program in accordance with the urban renewal plan.” Or,
    43. YCDA may sell or lease real property to a governmental or public entity if the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation.
    44. Sealed Bid: The YCDA may sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any real property and appurtenances thereto or any interest therein to any person, firm or corporation at the highest marketable price or rental by sealed bids. (Gen. Mun. Law §556(1); Pub. Auth. Law. §2897(6)).
    45.  

      Advertising for bids:

    46. The advertisement for bids shall be made at such time prior to the disposal or contract, through such methods, and on such terms and conditions as shall permit full and free competition consistent with the value and nature of the property; and
    47. All bids shall be publicly disclosed at the time and place stated in the advertisement; and;
    48. The award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the state, price and other factors considered; provided, that all bids may be rejected when it is in the public interest to do so.
    49.  

      Negotiation:

      The YCDA may sell real property and appurtenances thereto, leased for a term not exceeding ninety-nine years or otherwise disposed of for the effectuation of any of the purposes of the urban renewal program in accordance with the urban renewal plan by private negotiation to a governmental or other public entity or to a Qualified and Eligible Sponsor or to any other purchaser if the fair market value does not exceed $15,000.00.  (Gen. Mun. Law §§ 556(2); 507(2); Pub. Auth. Law. §2897(6)(c)(vi)).

    50. Explanatory Statement for certain Property: At least 90 days prior to the disposal of the property, an explanatory statement must be sent to the Comptroller, Director of Budget, Commissioner of General Services, the Legislature, and the Authorities Budget Office.  The statement  shall be prepared of the circumstances of each disposal by negotiation of:
    51. any real property disposed of by sale  that has an estimated fair market value in excess of one hundred thousand dollars;
    52. any real property disposed of by lease, if the estimated  annual rent over the term of the lease is in excess of fifteen thousand dollars;
    53. any real property or real and related personal property disposed of by exchange, regardless of value, or any property any part of the consideration for which is real property.
    54.  

      Names of other private parties who have made an offer for such asset, the value offered, and the purpose for which the asset was sought to be used

      CONTROLLING LEGISLATION

    55. The Public Authorities Accountability Act of 2005 requires YCDA to adopt comprehensive guidelines which detail YCDA’s operative policy and instructions regarding the use, awarding, monitoring and reporting of contracts for the Disposal of Property and designate a Contracting Officer with responsibility for compliance with, and enforcement of these Guidelines.
    56.  

      DUTIES OF THE AGENCY

    57. Maintain adequate inventory controls and accountability systems for all Property under the control of the YCDA;
    58. Periodically inventory such Property to determine which Property shall be disposed of;
    59. Publish annually a report of all real property of the Agency. Such report shall consist of a list and full description of all real and personal property disposed of during such period. The report shall contain the price received by the Agency and the name of the purchaser for all such property sold by the Agency during such period. A copy of this report shall be delivered to Comptroller, the Director of the Budget, the Commissioner of General Services, the Legislature, and the Authorities Budget Office;
    60. Dispose of Agency Property interests in accordance with the Guidelines as promptly as possible; and
    61. These Guidelines shall be reviewed and approved annually by the Agency.  On or before the thirty-first day of March in each year, the Authority shall file with the Comptroller a copy of the Guidelines most recently reviewed and approved by the Agency, including the name of the Agency’s designated Contracting Officer. At the time of filing such Guidelines with the Comptroller, the Agency shall also post such Guidelines on the Authority's internet website and maintain such Guidelines on the website.
    62.  

      DUTIES OF THE CONTRACTING OFFICER

    63. Except as otherwise provided herein and in the Act, the Contracting Officer shall be responsible for the disposition of Agency owned Property and be responsible for YCDA’s compliance with, and enforcement of the Guidelines.
    64. CUSTODY AND CONTROL OF YCDA PROPERTY
    65. The custody and control Agency property, pending its Disposal, and the Dispostal of such Property, shall be performed by the YCDA or by the Commissioner of General Services when so authorized under the Act, these Guidelines, and General Municipal Law.
    66. DISPOSAL OF YCDA PROPERTY
    67.  Appraisal: Prior to disposal, an appraisal must be made of the value of any interest in real property, or any other Property which because of its unique nature is not subject to fair market pricing.  The appraisal shall be made by an independent appraiser and included in the record of the transaction.
    68. Notice to Division. of Housing and Community Renewal: Notification of intent to dispose of project real property shall be given to the Commissioner of Housing and Community Renewal of New York before any final steps are taken to dispose of the property.  The notice must identify the property and the method of disposition. (9 N.Y.C.R.R. 1802.1(a)).
    69.  

      Available Procedures for Disposal of Real Property

       

  1. Auction: The YCDA may sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any real property and appurtenances thereto or any interest therein to any person, firm or corporation at the highest marketable price or rental at public auction. (Gen. Mun. Law §556(1); Pub. Auth. Law. §2897(6)(c)(vi)).
  2. Auction Procedures: Upon determination that a parcel of Real Property shall be disposed of by auction, YCDA shall publish  on YCDA’s webpage and in the newspaper designated by the City of Yonkers as the official newspaper a notice of the auction, the terms of the auction, and the qualifications of bidders.  YCDA may take any other actions to advertise the auction as may be necessary or desirable.
  3. Purchaser is “Qualified and Eligible Sponsor”:  If purchaser is Qualified and Eligible Sponsor the following requirements must be met.
  4. Purpose:  YCDA may sell or lease real property to a Qualified and Eligible Sponsor only “for the effectuation of any of the purposes of the urban renewal program in accordance with the urban renewal plan.”
  5. Public Notice: Ten days prior to such sale, lease or other disposition, the YCDA must publish, in at least one newspaper of general circulation in the municipality, a notice which shall include a statement of the identity of the proposed sponsor and of his proposed use or reuse of the urban renewal area or of the applicable portion thereof; the price or rental to be paid by such sponsor for such property and all other essential terms and conditions of such sale, lease or other disposition shall be included in the notice.
  6. Public Hearing: A public hearing must be held no less than ten days after the public notice is issues by the City Council.
  7. City Council approval: The City Council must approve the sale following the Public Hearing.
  8. Additional requirements if project is to be aided by state loan, periodic subsidy, or capital grant:  sale must be approved by the Commissioner of Housing and Community Renewal
  9. The Fair Market Value of the Property does not exceed $15,000.00
  10. The Purchaser is a Government or other Public Entity: If purchaser is governmental or public entity, the following requirements must be met.
  11. YCDA may sell or lease real property to a governmental or public entity only “for the effectuation of any of the purposes of the urban renewal program in accordance with the urban renewal plan.” Or,
  12. YCDA may sell or lease real property to a governmental or public entity if the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation.
  13. Sealed Bid: The YCDA may sell, lease for a term not exceeding ninety-nine years, or otherwise dispose of any real property and appurtenances thereto or any interest therein to any person, firm or corporation at the highest marketable price or rental by sealed bids. (Gen. Mun. Law §556(1); Pub. Auth. Law. §2897(6)).

    Advertising for bids:

  14. The advertisement for bids shall be made at such time prior to the disposal or contract, through such methods, and on such terms and conditions as shall permit full and free competition consistent with the value and nature of the property; and
  15. All bids shall be publicly disclosed at the time and place stated in the advertisement; and;
  16. The award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the state, price and other factors considered; provided, that all bids may be rejected when it is in the public interest to do so.
  17. Negotiation: The YCDA may sell real property and appurtenances thereto, leased for a term not exceeding ninety-nine years or otherwise disposed of for the effectuation of any of the purposes of the urban renewal program in accordance with the urban renewal plan by private negotiation to a governmental or other public entity or to a Qualified and Eligible Sponsor or to any other purchaser if the fair market value does not exceed $15,000.00.  (Gen. Mun. Law §§ 556(2); 507(2); Pub. Auth. Law. §2897(6)(c)(vi)).
  18. Explanatory Statement for certain Property: At least 90 days prior to the disposal of the property, an explanatory statement must be sent to the Comptroller, Director of Budget, Commissioner of General Services, the Legislature, and the Authorities Budget Office.  The statement  shall be prepared of the circumstances of each disposal by negotiation of:
  19. any real property disposed of by sale  that has an estimated fair market value in excess of one hundred thousand dollars;
  20. any real property disposed of by lease, if the estimated  annual rent over the term of the lease is in excess of fifteen thousand dollars;
  21. any real property or real and related personal property disposed of by exchange, regardless of value, or any property any part of the consideration for which is real property.
  22.  

     

    PROCUREMENT POLICY

    I.          INTRODUCTION.

    In accordance with Public Authorities Law, the Yonkers Community Development Agency (the “Agency” or “YCDA”), is required to adopt procurement guidelines in regards to the procurement of goods or services in the actual or estimated amount of five-thousand dollars ($5,000.00) or more.  YCDA further desires to adopt a comprehensive policy to assure the prudent and economical use of monies, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances and to guard against favoritism, improvidence, extravagance, fraud and corruption.

    II.        DEFINITIONS.

  23. “Agency” or “YCDA” shall mean the Yonkers Community Development Agency.
  24. “Board” shall mean the Board of the Agency.
  25. “Members” shall mean the members of the Board of the Agency.
  26. “Chair” shall mean the Chair of the Agency.
  27. “Contracting Officer” shall mean the contracting officer as designated by the Agency pursuant to §2896 of the Public Authorities Law of the State of New York.
  28. “Procurement Contract(s)” shall mean any written agreement for the acquisition of goods or services of any kind, in the actual or estimated amount of Five-Thousand dollars ($5,000.00) or more.
  29. “Non-Procurement Contract(s)” shall mean any contract for the acquisition of goods and services of any kind in the actual or estimated amount of Four-Thousand Nine­ Hundred and Ninety-Nine dollars ($4,999.99) or less. 
  30. “Resolution” shall mean a resolution of the Board.
  31. “Secretary” shall mean the Secretary of the Agency. 
  32.  

    III.       DESCRIPTIONS OF SERVICES TO BE PROCURED.

    It is the preference of the Agency that services needed by the Agency be performed by the Agency employees or the employees or the City of' Yonkers (“City”) whenever feasible and economical and that when Procurement Contracts are used contractors be selected from as broad a spectrum of providers as is practical and contracts be awarded consistent with the quality of services required at fair and reasonable prices. 

    Personal services contractors shall be used only whenever it has been determined by the Chair or the Contracting Officer that such service is necessary to the Agency and (1) that such service is not available from an Agency employee or an employee of the City or (2) that the performance of such a service requires that it be undertaken by someone independent of the Agency or (3) that use of' an employee of the Agency or City for such service would not be cost effective.  Personal services the Agency may require, include, but are not limited to:

  33. Advertising Services. Services related to the listing or advertising of real properties or projects, or personal property that the Agency wishes to dispose of;
  34. Appraisal Services. Services related to the appraisal of real property or personal property prior to disposition of said property and pursuant to Public Authorities Law § 2897;
  35. Architectural Services. Consulting and design services;
  36. Cost Estimator Services. Services related to estimating the cost of rehabilitation of existing structures owned or to be acquired by the Agency and in need of rehabilitation;
  37. Deconstruction or Demolition Services. Services related to the deconstruction, demolition, partial deconstruction or partial demolition of existing structures owned or to be acquired by the Agency;
  38. Construction, Repair, and Rehabilitation Services. Services related to the development of real properties owned or to be acquired by the Agency including new construction, repair of existing structures, and rehabilitation of existing structures;
  39. Insurance. Liability, property, worker compensation, employee benefits and such other insurance coverages as the Agency may require; and
  40. Miscellaneous. Such other personal services as the Chair or the Contracting Officer determine to be necessary
  41.  

    IV.       DESCRIPTIONS OF GOODS TO BE PROCURED.

    The types of goods the Agency requires includes but is not limited to goods of any kind as determined to be required by the Agency, by the Chair or the Contracting Officer.

    V.        PROCUREMENT CONTRACTS.

  42. Initial Determination. The Chair or the Contracting Officer shall make an initial determination as to whether a proposed Contract for the acquisition of goods or services of any kind will be or is estimated to be in amount of Five Thousand Dollars ($5,000.00) or more, if it is, then it shall be subject to this section of the Procurement Policy.
  43. Selection of Procurement Contractors. The Agency shall select procurement contractors in accordance with the following selection methods:
  44. NYS Office of General Services Contracts. The Agency may purchase such goods or services as are available on a centralized contract (or other equivalent state lists) without conducting its own procurement
  45. City Contracts.  The Agency may purchase such goods or serviced as are available and procured through City of Yonkers Purchasing Department without conducting its own procurement;
  46. Sole Source. When there is only one source available for the required goods or services the contract may be awarded without competitive procedures;
  47. Single Source.  Where two or more vendors are capable of providing the required goods or services, the Agency may select a single vendor over others where the vendor or his product or services has unique or outstanding qualifications.  Such qualifications may include past experience with a particular issue familiarity with specific agency operations experience with similar projects undertaken for the Agency or for other agencies demonstrated expertise capacity and willingness to respond to the situation or compatibility with other products utilized by the Agency;
  48. Formal Bid.  Competitive bids are to be solicited when cost is of primary importance and the goods or services required are of a standardized nature that may reasonably be made the subject of fairly exact specifications. Solicitation or price bids for specified goods or services should be awarded to the lowest responsive and responsible bidder;
  49. Request for Proposals.  RFP’s should be utilized where cost is of relatively less importance in relation to other factors, services are less standardized and specifications less exact.  Use of the RFP method may be followed by competitive negotiations with two or more proposers to secure further concessions with respect to both quality and cost.  Solicitation of specific proposals to be evaluated on the basis or best value taking into consideration a variety of criteria including qualifications, proposed methodology,  management capability and cost;  and
  50. Emergencies and Critical Situations.  In the case of an emergency or a critical situation the contract may be awarded without competitive procedures.  An emergency is an unanticipated occurrence beyond the control of the Agency that threatens the life, health, safety or welfare of any persons or the continued use or function of the Agency’s property.  A critical situation is defined as a situation that impacts a significant Agency operation and requires immediate action.  Only the City’s Mayor, the Chair or the Contracting Officer designee can declare an Emergency.
  51. Required Approvals.
    1. Regardless of the dollar amount thereof, contracts involving services to be rendered over a period in excess or one year must be approved by resolution of' the Board.
    2. The award of any procurement contract must be approved by a resolution of the Board
  1. All procurement contracts shall he in writing and shall be executed by such                                      officer or officers of the Agency as are designated by Resolution of the Board.
  2. Any determination to pursue a non-competitive method for a procurement contract must be supported by a written report setting forth the reasons for such determination and must be reviewed and approved by the Board by Resolution.
  3. Every procurement contract shall be approved by the Agency’s Counsel prior to execution for compliance with these guidelines and all applicable laws.
  1. GML § 103.  Notwithstanding anything herein to the contrary, all procurement contracts for the purchase of goods in excess of $20,000.00 and all procurement contracts for public works in excess of $35,000.00 shall be procured in compliance with all applicable law, including without limitation, New York State General Municipal Law Section 103, including the emergency procedures set forth in Section 103(4) thereof. 

VI.       NON-PROCUREMENT CONTRACT(S).

Initial Determination. The Chair or the Contracting Officer shall make an initial determination as to whether a proposed Contract for the acquisition of goods or services of any kind will actually be or is estimated to be in amount of Four-Thousand Nine­ Hundred and Ninety-Nine dollars ($4,999.99) or less, if it is, then it shall be subject to this section of the Procurement Policy.

Selection of Non Procurement Contractor(s).

  1. Contracts under $500.  Non-Procurement contracts in an actual or estimated amount the amount of $0.00 to $500.00 may be entered into on behalf of the Agency, by the Chair or Contracting Officer at its discretion, and without the necessity of Board approval.
  2. Contracts between $500 and $2,500.   Non-Procurement contracts in an actual or estimated amount of $500.00-$2,500.00 may be entered into on behalf of the Agency, by the Contracting Officer or another Agency representative or employee as designated by Resolution, upon documented  telephone quotations from at least three vendors (if available), or written (including email or fax) from at least three vendors (if available), and a grant of authority of the individual contracting on behalf of the Agency as indicated by a Resolution of the Board without necessity of the Board's approval of the actual contract or the terms therein
  3. Contracts between $2,500 and $4,999.  Non-Procurement contracts in an actual or estimated amount of $2,500.00 - $4,999.99 may be entered into on behalf of the Agency upon written (including email or fax) from at least three vendors (if available) and approval of the terms of the contract by Resolution of the Board.

VII.     PROMOTION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.

  1. It is the goal of the Agency to award a fair share of Procurement contracts to Minority Business Enterprises and Women's Business Enterprises (“MWBE”).  It is also the Agency's goal to award Procurement contracts to those Procurement contractors who have evidenced compliance with the laws of the State of New York, prohibiting discrimination in employment.  The following procedures shall be followed:
  2. Bidders shall be encouraged to include with their bids or RFP responses separate proposals which would demonstrate how their selection will achieve the goals of this section such as proposals for joint ventures with, or set-asides for Minority Business Enterprises.
  3. To the extent the City maintains a list of certified Minority Business Enterprises, the Agency shall rely of the City’s list consult the list and contact appropriate minority business enterprises to encourage them to submit bids or RFP responses.  Upon request, the list shall be supplied to each prospective contractor
  4. In selecting a bidder where a minority business enterprise has been identified due consideration shall be given to the goals of the Agency in selecting the bidder.
  5. The Agency shall include in all bid documents provided to potential bidders a statement that information concerning the availability of New York state subcontractors and suppliers is available from the New York state department of economic development and that it is the policy of New York State to encourage the use or New York state subcontractors and suppliers.

VIII.    PROMOTION OF NEW YORK STATE BUSINESS ENTERPRISES.

It is the goal or the Agency to award a fair share of procurement contracts to New York state business enterprises and New York state residents and to encourage procurement contractors to promote such enterprises and residents through the awarding of subcontracts and the purchasing of supplies.  The following procedures shall be followed with regards to Procurement Contracts:

 

  1. The Agency will make use where feasible of stock item specification forms prepared by the commissioner of general services and will work with the commissioner or general services as necessary to develop such specifications.
  2. The Agency will cooperate with the department of economic development and the Agency’s contractors to notify New York State business enterprises of opportunities to participate as subcontractors and suppliers on procurement contracts let by the Agency in an amount equal to or greater than one million dollars and will cooperate with the community services division of the department of' labor and the Agency's contractors to provide New York state residents with similar notification.
  3. To the extent the City has prepared and maintains a list of New York State business enterprises, the Agency shall consult the City’s list and contact appropriate New York state enterprises to encourage them to submit bids.
  4. Except for Procurement Contracts for which the Agency would be expending funds received from another State, the Agency will include in all bid documents provided to potential bidders a statement that information concerning the availability of the New York state subcontractors and suppliers is available from the New York state department of economic development and that it is the policy of New York state to encourage the use of New York state subcontractors and suppliers.

IX.       CONTRACT PROVISIONS.

  1. General Provisions. Procurement contracts shall be in writing, shall state the cost for goods or compensation for the services, and shall detail the goods to be provided or the scope of services to be performed, the time for provision or performance, and where appropriate any permitted use of Agency supplies, facilities or personnel.
  2. Additional Provisions. Contracts other than those memorialized solely by purchase order shall also state the timing of payment the pre-conditions for receiving payment from the Agency, the duration of the contract procedures for termination of the contract and any other provisions the Agency’s counsel deems necessary or appropriate each particular contract and shall be signed by an authorized representative or the contractor with an appropriate acknowledgment of the signature affixed thereto.
  3. Insurance. Unless this requirement is waived, the Agency shall require proof of Worker’s Compensation and proof of' liability insurance naming the Agency as additional insured and shall provide that the contractor indemnifies the Agency for the negligent acts and omissions of' the contractor's employees.
  4. Subcontractors.  If performance or a particular Procurement contract will require the use of' subcontractors, the contract shall require the contractor to act affirmatively to secure such participation by MWBE and to report such efforts to the Agency.  Contracts equal to or greater than one million dollars requiring the use of subcontracts will require the Contractors to document their efforts to encourage the participation of New York state business enterprises as suppliers and subcontractors
  5. Limitations on Contracts with Former Employees. A former officer or employee shall not be permitted to perform personal services for the Agency where prohibited by §73 or the Public Officers Law.

X.        REPORTS ON PROCUREMENT CONTRACTS.

  1. Annual Report.  Within ninety days after the close or each fiscal year, the Agency shall prepare and deliver to the Board for its approval an annual report on procurement contracts.  Such annual report will include a list of the names and addresses or the year's contracting parties, a description of the goods or services provided by each contracting  party and the compensation, commissions or fees paid and/or owing to each contracting party, a listing of all procurement contracts entered into, all contracts entered into with New York state business enterprises and the subject  matter and value thereof, all contracts entered into with certified minority or women-owned businesses and the subject matter and value thereof all contracts  entered  into with foreign business enterprises, and the subject  matter and value thereof: the selection  process used to select such contractors, and the status of existing procurement contracts.
  2. Transmission of Report. The annual report on procurement contracts after being approved shall be submitted to the Division of the Budget with copies to the Department of Audit and Control, the Department of Economic Development, the Senate Finance Committee and the Assembly Ways and Means Committee.
  3. Availability of Report. Copies of the annual report on procurement contracts shall also be available to the public upon reasonable request at the Agency’s main office.

XI.       MISCELLANEOUS PROVISIONS

  1. Powers of Amendment.  Any modification or amendment of these guidelines may be made by a Resolution adopted at any duly constituted meeting of the Agency:  provided, however that no such modification or amendment shall abrogate the rights and duties of existing Agency contracts the terms of which were established pursuant to these guidelines or to previously existing guidelines for personal services contracts.
  2. No Recovery Under These Guidelines.  No provision or these guidelines shall be the basis for any claim based on these guidelines against any member officer or employee of the Agency or the Agency itself.
  3. Provisions Required By Law.   These guidelines are hereby deemed to include any provision required by law to be included herein.

DEFENSE AND INDEMNIFICATION POLICY 

The Agency is created and governed by Articles 15, 15-A and 15-B of the New York State General Municipal Law, which does not require the Agency to adopt a defense and indemnification policy. 

The By-Laws of the Agency do not contain any provisions for a defense and indemnification policy. The ex-officio members of the Agency are City employees and are defended and indemnified in accordance with local and state laws.