Center For Urban Community Services
Center For Urban Community Services
Center For Urban Community Services
Modification
EPIN: 07122P8036KXLA002
WITNESSETH
WHEREAS, the Parties entered into an agreement for the Contractor to operate a
shelter for single adults located at POL 87(2)(a) ,
for the period of January 15, 2021 through June 30, 2052 (together with all
Appendices, Exhibits and Riders thereto, hereinafter referred to as the
“Agreement”); and
1. Except as modified herein all of the terms, conditions and covenants of the
Agreement shall remain in full force and effect.
Term. The term of this Agreement begins on January 15, 2021, and ends on
June 30, 2054, unless earlier terminated or extended pursuant to the terms of
this Agreement (“Term”).
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O-CUCS POL 87(2)(a) (PBS)
Modification
EPIN: 07122P8036KXLA002
Building Rent Payments shall not exceed fifty-one million three
hundred sixty-seven thousand six hundred seventy dollars
($51,367,670.00) as defined in Section 3.03 (F). Total Insurance Rent
shall not exceed one million seven hundred thirty eight thousand
forty eight dollars ($1,738,048.00) plus any Insurance Deficiencies.
The Allowance for Repairs as defined in Section 3.03 (E) below shall
not exceed nineteen million two hundred seventy-four thousand six
hundren twenty-seven dollars ($19,274,627.00). Payment shall be
made in accordance with the Budget and the Fiscal Manual and subject
to the following terms and conditions. Notwithstanding the foregoing,
Building Rent Payments shall be set forth on Appendix E and shall not
be subject to adjustment except pursuant to a replacement of Appendix
E as set forth below. Appendix E shall not be replaced except (i) to
address any changes approved by the Department pursuant to Appendix
B, Article 3(B)(3) or (4), or (ii) in the event that the Construction Loan
and the Permanent Loan are separate loans and the parties agree to
replace Appendix E at the time of the closing of the Permanent Loan, or
(iii) in the event the parties agree to replace Appendix E in connection
with any Refinancing in accordance with Appendix B, Article 20, or (iv)
in the event that the City requires the Permanent Loan to be prepaid in
accordance with Appendix B, Article 20, resulting in the automatic
reduction of Building Rent to One Dollar ($1.00) per year for the
remainder of the Term. Any replacement of Appendix E in accordance
with the immediately preceding sentence shall be memorialized in an
amendment to this Agreement by the City and the Contractor and
requires the prior written consent of any lender that may be affected by
such change, which consent may be withheld in such lender's sole and
absolute discretion. For the sake of clarity, in the event that the
Construction Loan and the Permanent Loan are a single loan, Appendix
E, including, without limitation, the Building Rent Commencement
Date, the amount of Building Rent Payments, the number of Building
Rent Payments and the Building Rent Payment Dates, may not be
replaced and Building Rent may not be reduced for any reason (except
that Building Rent may be terminated as expressly set forth in Section
3.03(T) below in connection with an Assignment Remedy Election
followed by a failure of the Site Availability Condition to be satisfied in
accordance with its terms and Section 3.03 (U) in connection with a
Casualty or Condemnation) after the Construction Loan Closing Date
without the prior written consent of the Construction Lender and
Permanent Lender, as applicable, in their sole and absolute discretion.
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O-CUCS POL 87(2)(a) (PBS)
Modification
EPIN: 07122P8036KXLA002
Fiscal Years 2023: $6,731,090.00
Fiscal Years 2024- 2052: $6,953,717.00
Fiscal Years 2053: $6,817,841.00
Fiscal Years 2054: $4,789,307.00
C. During the Start-up period, the Contractor shall be paid Start-up costs
not to exceed one million one thousand three dollars ($1,001,003.00)
in accordance with the Start-up budget, a copy of which is attached
hereto and made a part hereof as Appendix D (“Start-up Costs”). The
Start-up shall be advanced to the Contractor in one lump sum. The
Contractor shall submit to the Department such documentation as
requested by the Department substantiating the expenditures set forth in
the Start-up budget.
D. An amount not to exceed ten percent (10%) of the total contract value
exclusive of the start-up costs nineteen million two hundred seventy-
four thousand six hundren twenty-seven dollars ($19,274,627.00)
will be budgeted for necessary repairs for the Premises. Such amount
shall be divided by the number of years of the Term and included in the
Budget in each fiscal year as an installment specified as an Allowance
for Repairs. The annual installments for Allowance for Repairs shall be
retained by the Department until necessary repairs are approved for
expenditure pursuant to the Standard New Needs Procedure.
The total not-to-exceed annual amount for Building Rent Payments for the
Term of the contract shall be one million six hundred fifty three thousand
one hundred sixty two dollars ($1,653,162.00) in accordance with the Fixed
Costs Schedule, as defined in Appendix B and attached hereto as Appendix
E. Appendix E attached hereto shall include a schedule of Building Rent
Payments. To the extent that the Building Rent Commencement Date
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O-CUCS POL 87(2)(a) (PBS)
Modification
EPIN: 07122P8036KXLA002
determined pursuant to Appendix B, Article 3 (B)(4) is different than the first
(1st) payment date shown on Appendix E, the parties hereby agree to replace
Appendix E with an accurate schedule on or prior to the Loan Closing Date.
Notwithstanding any such replacement of Appendix E, the total not-to-exceed
amount set forth in the first sentence of this Section 3.03(F)(1) shall not
change. Such Building Rent Payment obligation shall continue through the
Building Rent Term and the Building Rent Payment obligation shall survive
any termination of this Agreement, including, without limitation, the
Agreement Term or Appendix A, Article 10 (except as expressly set forth in
Section 3.03(U) in connection with Casualty and Condemnation of the
Premises and Section 3.03(T) below in connection with an Assignment
Remedy Election followed by a failure of the Site Availability Condition to
be satisfied in accordance with its terms). The City’s Building Rent Payment
obligation shall survive an assignment of this Agreement by the City pursuant
to Appendix A, Section 3.01. The City hereby confirms that Building Rent
Payments do not exceed normal costs of ownership as described in NYCRR
Title 18, Chapter II, Part 491 as though the Contractor had secured title to the
Premises, and as described in 45 CFR Section 75.449.
10. This Amendment shall be neither binding nor effective unless and until it is
registered pursuant to Charter Section 328 of the New York City Charter. The
requirement of this Section shall be in addition to, and not in lieu of, any
approval or authorization otherwise required for this Amendment to be
effective, and for the expenditure of City funds.
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O-CUCS POL 87(2)(a) (PBS)
Modification
EPIN: 07122P8036KXLA002
Exhibit A
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NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM
Administration $0
Counseling $0
Child Care (Tier IIs only) $0
Recreation $0
Direct Care $0
Security $0
Maintenance $0
MVO $0
Kitchen $0
III TOTAL PS $0
Office Equipment $0
Client Supplies/Furniture $0
Client Transportation $0
Staff Transportation
Client Stipends
Utilities $0
Insurance $0
Office Expenses $0
Professional Costs $0
Behavioral Services $0
Maintenance/Repair $0
Mechanical System Contracts $0
Food $0
Contracted Security $0
Vehicle Expenses $0
V TOTAL OTPS $0
X START UP $0
XIV REVENUE $0
FUNDING TYPE
DHS DIRECT $0
ESG $0
DoHMH $0
CITY COUNCIL $0
TOTAL FUNDING $0
Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.
APPROVALS:
Provider Date
NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM
Administration $76,055
Counseling $82,298
Child Care (Tier IIs only) $0
Recreation $67,879
Direct Care $190,660
Security $179,732
Maintenance $10,801
MVO $0
Kitchen $0
X START UP $1,001,003
XIV REVENUE $0
FUNDING TYPE
DHS DIRECT $3,250,846
ESG $0
DoHMH $0
CITY COUNCIL $0
TOTAL FUNDING $3,250,846
Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.
APPROVALS:
Provider Date
NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM
Administration $227,541
Counseling $246,220
Child Care (Tier IIs only) $0
Recreation $203,080
Direct Care $570,417
Security $537,723
Maintenance $32,313
MVO $0
Kitchen $0
X START UP $0 $0 $0
XIV REVENUE $0
FUNDING TYPE
DHS DIRECT $6,731,090 $0 $6,731,090
ESG $0 $0 $0
DoHMH $0 $0 $0
CITY COUNCIL $0 $0 $0
TOTAL FUNDING $6,731,090 $0 $6,731,090
Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.
APPROVALS:
Provider Date
NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM
Administration $227,541
Counseling $246,220
Child Care (Tier IIs only) $0
Recreation $203,080
Direct Care $570,417
Security $537,723
Maintenance $32,313
MVO $0
Kitchen $0
X START UP $0
XIV REVENUE $0
FUNDING TYPE
DHS DIRECT $6,731,090 $222,627 $6,953,717
ESG $0 $0 $0
DoHMH $0 $0 $0
CITY COUNCIL $0 $0 $0
TOTAL FUNDING $6,731,090 $222,627 $6,953,717
Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.
APPROVALS:
Provider Date
NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM
X START UP $0 $0 $0
XIV REVENUE $0 $0 $0
FUNDING TYPE
DHS DIRECT $0 $6,817,841 $6,817,841
ESG $0 $0 $0
DoHMH $0 $0 $0
CITY COUNCIL $0 $0 $0
TOTAL FUNDING $0 $6,817,841 $6,817,841
Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.
APPROVALS:
Provider Date
NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM
X START UP $0 $0 $0
XIV REVENUE $0 $0 $0
FUNDING TYPE
DHS DIRECT $0 $4,789,307 $4,789,307
ESG $0 $0 $0
DoHMH $0 $0 $0
CITY COUNCIL $0 $0 $0
TOTAL FUNDING $0 $4,789,307 $4,789,307
Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.
APPROVALS:
Provider Date
O-CUCS POL 87(2)(a) (PBS)
Modification
EPIN: 07122P8036KXLA002
Exhibit B
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MERV-13 filtration and UVC light 1 50,000 $50,000
Outdoor Furniture
Security System
Medication Cabinets
Medication Cabinets 3 2,835 $8,505
Sub total $8,505
Maintenance
Tool Cabinet with all tools 1 3,413 $3,413
Janitorial Carts & Tilt Truck 3 945 $2,835
Fuel oil for generator (150 lbs) 1 893 $893
Dome Safety Mirrors 6 38 $227
Trash Cans with Lids 16 32 $519
First Aid Kits 12 22 $265
Spill kit 12 23 $271
Snow Blower 1 1,050 $1,050
Key Box 2 210 $420
Safe 2 1,406 $2,812
Waste Baskets 35 7 $245
45 Gal. Trach Can 6 355 $2,130
Recycling bins 35 14 $490
28 gal. recycling Bins 4 28 $112
Sub total $15,681
Kitchen Equipment
Reach-in Refrigerator 1 3,510 $3,510
Reach-in Freezer 1 1,945 $1,945
Microwave Oven 1 570 $570
Shelf for microwave oven 1 507 $507
Dishwasher 1 5,763 $5,763
Serving Parts & Accessories 1 23,290 $23,290
Electric Serving Counter 1 5,096 $5,096
Electric Convection Oven 1 7,393 $7,393
Ice Machine and parts 1 4,666 $4,666
3-compartment Sink 1 1,230 $1,230
Work Table 1 499 $499
Commercial Hand Sink 1 524 $524
Countertop 2 926 $1,852
Base cabinet 2 827 $1,654
Overshelf for storage 5 303 $1,516
Shelving unit 1 987 $987
Work Table (L-shaped) 1 2,569 $2,569
Metal Splashguard 10 374 $3,737
Sub total $67,308
Outdoor Furniture
Security System
Medication Cabinets
Medication Cabinets 3 2,835 $8,505
Sub total $8,505
Maintenance
Tool Cabinet with all tools 1 3,413 $3,413
Janitorial Carts & Tilt Truck 3 945 $2,835
Fuel oil for generator (150 lbs) 1 893 $893
Dome Safety Mirrors 6 38 $227
Trash Cans with Lids 16 32 $519
First Aid Kits 12 22 $265
Spill kit 12 23 $271
Snow Blower 1 1,050 $1,050
Key Box 2 210 $420
Safe 2 1,406 $2,812
Waste Baskets 35 7 $245
45 Gal. Trach Can 6 355 $2,130
Recycling bins 35 14 $490
28 gal. recycling Bins 4 28 $112
Sub total $15,681
Kitchen Equipment
Reach-in Refrigerator 1 3,510 $3,510
Reach-in Freezer 1 1,945 $1,945
Microwave Oven 1 570 $570
Shelf for microwave oven 1 507 $507
Dishwasher 1 5,763 $5,763
Serving Parts & Accessories 1 23,290 $23,290
Electric Serving Counter 1 5,096 $5,096
Electric Convection Oven 1 7,393 $7,393
Ice Machine and parts 1 4,666 $4,666
3-compartment Sink 1 1,230 $1,230
Work Table 1 499 $499
Commercial Hand Sink 1 524 $524
Countertop 2 926 $1,852
Base cabinet 2 827 $1,654
Overshelf for storage 5 303 $1,516
Shelving unit 1 987 $987
Work Table (L-shaped) 1 2,569 $2,569
Metal Splashguard 10 374 $3,737
Sub total $67,308
Exhibit C
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APPENDIX E1 ‐ FIXED COSTS SCHEDULE
Project Name: Washington Street Safe Haven
Project Address: POL 87(2)(a) New York, NY 10006
Block/Lot: Block 53, Lot 4
Financing Fees
Construction Loan ‐ Bank Fee $290,625
Permanent Loan ‐ Bank Fee $195,065
Bond Lender Legal $135,000
Total Fees & Cost of Financing $620,690
Carrying Costs
Construction Interest $947,689
Water & Sewer $2,500
Utilities $36,000
Construction Insurance $75,000
Total Carrying Costs $1,061,189
Exhibit D
8
APPENDIX F ‐ PROJECT SCHEDULE
Project Name: Washington Street Safe Haven
Project Address: POL 87(2)(a) New York, NY 10006
Block/Lot: Block 53, Lot 4
This Contract is entered by and between the City of New York (“City”), acting by and through
the DEPARTMENT OF HOMELESS SERVICES, and CENTER FOR URBAN COMMUNITY
SERVICES INC (“Contractor”).
This Contract consists of this contract signature page as well as the following documents (“Contract
Documents”) which are located in the Documents tab of the PASSPort record titled Washington Street Safe
Haven-POL 87(2)(a) - Extension.
1. Contract - CUCS - POL 87(2)(a) - 2nd Mod (07122P8036KXLA002) - Apr 24 2023 6:39PM
The above order does not represent an order of precedence. The Contract shall be governed by the order of
precedence, if any, in the Contract Documents or by ordinary contract principles if no such order of precedence
exists.
Each party is signing this Contract electronically on the date stated in that party's electronic signature.
__________________________________
(Signature)
Vincent Pullo
Name: ____________________________
ACCO
Title:
4/26/2023 | 06:39:52 PDT
Date:
Contractor
By: CENTER FOR URBAN COMMUNITY SERVICES INC
__________________________________
(Signature)
Mary T Mahedy
Name: ____________________________
Director Of Budget and Contracts
Title:
4/26/2023 | 09:15:58 EDT
Date:
27th July 22
PO Box 66699, Albany, NY 12206
| nysif.com
^ ^ ^ ^ ^ ^ POL 87(2)(d)
FRIEDLANDER GROUP INC
2500 WESTCHESTER AVE #400A
PURCHASE NY 10577
SCAN TO VALIDATE
AND SUBSCRIBE
THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE NEW YORK STATE INSURANCE
FUND UNDER POLICY NO. 2281 2200, COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR
WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS' COMPENSATION LAW WITH RESPECT TO ALL
OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW.
IF YOU WISH TO RECEIVE NOTIFICATIONS REGARDING SAID POLICY, INCLUDING ANY NOTIFICATION OF CANCELLATIONS,
OR TO VALIDATE THIS CERTIFICATE, VISIT OUR WEBSITE AT HTTPS://WWW.NYSIF.COM/CERT/CERTVAL.ASP. THE NEW
YORK STATE INSURANCE FUND IS NOT LIABLE IN THE EVENT OF FAILURE TO GIVE SUCH NOTIFICATIONS.
THE POLICY INCLUDES A WAIVER OF SUBROGATION ENDORSEMENT UNDER WHICH NYSIF AGREES TO WAIVE ITS RIGHT
OF SUBROGATION TO BRING AN ACTION AGAINST THE CERTIFICATE HOLDER TO RECOVER AMOUNTS WE PAID IN
WORKERS' COMPENSATION AND/OR MEDICAL BENEFITS TO OR ON BEHALF OF AN EMPLOYEE OF OUR INSURED IN THE
EVENT THAT, PRIOR TO THE DATE OF THE ACCIDENT, THE CERTIFICATE HOLDER HAS ENTERED INTO A WRITTEN
CONTRACT WITH OUR INSURED THAT REQUIRES THAT SUCH RIGHT OF SUBROGATION BE WAIVED.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS NOR INSURANCE
COVERAGE UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE POLICY.