The following RFP Schedule represents NTTCOG’s estimate of the timetable that will be followed in connection with this solicitation:

NTTCOG reserves the right, at its sole discretion, to adjust this RFP Schedule as it deems necessary. If necessary, NTTCOG will communicate adjustments to the RFP Schedule as an amendment to this RFP.

The Point of Contact for this RFP is:

Jimmy Miller, Development Consultant

NYLOP@lisc.org

Communications

All procurement actions facilitated by NTTCOG will be conducted openly, transparently, and competitively. NTTCOG will consider competitive transaction pricing, quality of work, reputation, and referrals, and understanding of the solicited deliverables and requirements. NTTCOG supports the solicitation of proposals from all markets with no geographical preferences and gives all qualified businesses, including those that are owned by minorities, women, and small business enterprises, opportunity to do business with NTTCOG as contractors and subcontractors.

To maintain a fair and impartial competitive process, NTTCOG and any outside consultants assisting NTTCOG with this solicitation shall avoid private communication concerning this procurement with prospective Respondents during the entire procurement process. Accordingly, from the issue date of this RFP until the final award is announced, Respondents are not allowed to communicate about this RFP for any reason with any NTTCOG staff or outside consultants assisting NTTCOG with this solicitation except:

Through the RFP Point of Contact named above,

As otherwise specified in this RFP or

As provided by existing work agreement(s) (if any)

Prohibited communications include all contact, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. NTTCOG reserves the right to reject the proposal of any Respondent violating this provision.

OVERVIEW OF NYLOP

LISC NY has partnered with Mission-Driven Organizations (MDOs) and Faith-Based Organizations (FBOs) to promote community and economic development for many years. MDOs and FBOs often provide much-needed services to their communities. These services include housing, feeding those in need, helping individuals find stable family-sustaining employment, building up businesses to create jobs, providing wrap-around mental health services, and improving community safety to help stabilize neighborhoods.

MDOs and FBOs have several vital resources that contribute to these goals, including:

• Community Relationships & Leadership
• Land in High Opportunity Areas
• Tax-Exempt Status
• Organizational Time, Volunteers, and Finances & Land

The LISC NY NYLOP focuses on helping MDOs, and FBOs use these resources to develop affordable housing on their vacant or underutilized property. LISC NY issued a Request for Expression of Interest (RFEI) to MDOs and FBOs to participate in the 2023 round of NYLOP. The program was expanded to include localities outside of New York City and to Western New York. NTTCOG was one of the seven groups selected to be members of the 2023 cohort.

LISC NY has engaged Censere Consulting LLC as the development consultant to lead a team of housing development experts, including Goldstein Hall as the legal consultant and ESKW as the architectural consultant, to help these organizations move from an idea through the predevelopment process to building affordable housing on their real estate. The NYLOP model calls for these organizations to develop a conceptual plan that will be used as the basis for them to issue a Request for Proposals to select a Developer Partner.   

BACKGROUND INFORMATION ON NTTCOG

Background:

NTTCOG, led by Reverend Paul Peart, is situated at 3350 and 3356 Seymour Ave, Bronx, NY, and is part of a larger international organization. Venturing into housing to generate income, the organization owns a substantial property measuring 275 by 100 feet situated at 3350 and 3356 Seymour Avenue. With roots dating back to 1976, they have a rich history of community engagement, partnering with United Way to provide health and life programs. The church has approved the services of Paul A Castrucci Architects for their development plans.

Concept:

The concept plans propose the development of 98 residential units with AIR and approximately 30,000 GSF of church and community space. The site can accommodate 74 residential units as-of-right. To align with the concept plan, the project requires rezoning from C4-2/R5 to R6A/C4-2. This rezoning will increase the FAR for AIRS from 1.95 to 3.9 and raise the maximum base height from 30’ to 65’ (with qualified ground floor) and the maximum building height from 40’ to 85’ (8 stories).

There are two proposed towers in this Project, one (3356 Seymour Avenue) of which is located on an existing C4-2 (Equivalent R6) zone. The other one (3350 Seymour Avenue) is located in an R5 zone, adjacent to three family homes.

The design anticipates removing an old building on Lot 74 (3356 Seymour Ave), renovating and expanding the existing sanctuary on Lot 61 (3350 Seymour Ave). Parking is currently provided on the ground floor of Lot 61.  In total, there will be 98 new AIRS residential units, and approximately 30,000sf of church and community facilities space. Some of this space will be designated for the residents. There will be approximately 42 parking spaces reserved for residents.

NTTCOG’s preference is to change the zoning to increase the maximum FAR and thereby increase the number of residential units that can be built. Thus, the group is applying for zoning relief because they are a non-profit organization building affordable housing and community facilities.  The rezoning would change the C4-2/R6 to R6A/C4-2 and R5 to R6A, which will allow an increase in FAR for AIRS from 1.95 to 3.9 and an increase in maximum base height from 30’ to 65’ (with qualified ground floor) and maximum building height from 40’ to 85’ (8 stories).

Status:

• NTTCOG has engaged an attorney to assist with ULURP
• NTTCOG has engaged an architect to complete the design work and assist with ULURP
• NTTCOG assumes that the selected Co-Developer will defray the cost of obtaining ULURP approval as a pre-development expense. 

INVITATION FOR PROPOSALS

The NTTCOG invites qualified firms to submit responses to this RFP to serve as Co-Developer for the Redevelopment of the Site. Interested respondents must submit their responses per the guidelines outlined in this RFP by Monday, March 4, 2024, at 3:00 P.M. EST. 

Attached, please find a copy of the Project's site map as Attachment A identifying the subject Site.

SITE CONCEPT PLANS 

As stated, Attachment B illustrates the site plan for the Project along with the proposed floor plans.

Design Principles 

• Include replacement unit requirements and preferred concept plans in the proposal
• Explore a multi-faceted approach to create a vibrant mixed-income and mixed-use neighborhood that is the highest and best use of the land
• Integrate environmental sustainability “green” construction and design practices, optimal energy efficiency through the incorporation of on-site renewable energy, and adherence to LEED or green community certification standards
• Establish an accessible, pedestrian-oriented environment that can serve as a model of adequate accessibility through quality streetscape, open space, and design
• Promote community interconnectivity between residents, neighborhood, and the community
• Foster meaningful engagement of residents and other stakeholders throughout the implementation period
• Feature high-quality, context-sensitive architectural design that is respectful to the surrounding neighborhood
• Develop a creative and viable financial plan
• Coordinate with other local and community-driven redevelopment plans

SUMMARY OF SERVICES

The Co-Developer shall, subject to consultation with and the reasonable approval of NTTCOG, manage a full-service Development Team to refine and implement the Site Concept Plan and direct design, development, and financing of the Project. The Co-Developer, subject to the consultation and reasonable approval of NTTCOG, will be responsible for developing a feasible financing and implementation plan that incorporates a variety of funding sources such as Low-Income Housing Tax Credits (LIHTC), Bond Financing, Federal Home Loan Bank, Permanent Debt, CDBG, CDBG-DR, FEMA, HOME Investment Partner(s)ships (HOME), Private Foundation Funds and such other sources as may be available and appropriate. The Co-Developer is expected to be experienced with the requirements of all financing programs it proposes to use. NTTCOG will undertake no financial or guaranty obligations unless explicitly accepted in writing by NTTCOG. 

The selected Co-Developer will implement the redevelopment program per a NTTCOG-approved schedule. NTTCOG's goal is to commence construction on an initial phase in the third quarter of 2025.

NTTCOG also reserves the right to select one or more Co-Developers. The Co-Developer will be solely responsible for working with NTTCOG to redevelop the Project.

ROLE OF NTTCOG 

NTTCOG, though an affiliate Joint Venture Entity (JVE), will be a co-owner (preferably with a majority interest) and must be included in and have the approval of key decisions in all aspects of planning and redevelopment of the Project, including but not limited to preparing documents, discussions with potential and selected investors, meetings with contractors, consultants and stakeholders and selecting key team members.  Any reference in this RFP to NTTCOG having rights of review, approval, etc. that reference to NTTCOG in those contexts shall mean NTTCOG and/or NTTCOG's affiliate.

Predevelopment

NTTCOG will be involved in the predevelopment process and review and must approve all project contracts, invoices, and draws for approval. 

Investor Solicitation – NTTCOG will review the Co-Developer construction financing and equity investor solicitation, the list of potential investors, and the responses. The Co-Developer shall conduct the investor solicitation process in a form that ensures maximum participation.

Participation in Site/Unit Designs – NTTCOG has completed conceptual design. We expect the Co-Developer to use the conceptual design as a basis for preparing and refining the design documents.  NTTCOG will be involved throughout the design processes to finalize the site plan, the building designs, and the floor plans. Also, NTTCOG will review and approve the construction drawings and specifications.

Property Management – NTTCOG shall select the property manager, subject to the reasonable review and approval of the Co-Developer, lender, and investor. 

Marketing and Lease-up - The property manager, selected by NTTCOG and approved by the Co-Developer, shall create, and implement a marketing and lease-up strategy for the rental units and, if applicable, commercial, or retail space, to ensure that stabilized occupancy is achieved in compliance with all applicable financing and land-use agreements.

Financing

Predevelopment Funding – NTTCOG expects the Co-Developer to provide one hundred (100) percent of the pre-approved third-party predevelopment costs including obtaining ULURP approval.  

Development Fees – NTTCOG or its affiliate will act as co-developer and expects a minimum thirty (30) percent share of the Developer Fee (paid and deferred), but a more significant amount of development fee is preferred.

Acquisition Financing – NTTCOG expects the Co-Developer to obtain the financing necessary to acquire the Site from the HFDC for a fair and reasonable price. NTTCOG also expects the Co-Developer to assist with structuring the acquisition of the Site through a sale or lease, whichever is mutually agreeable to NTTCOG and the Co-Developer and acceptable to lenders and investors.

Insurance Requirements – Co-Developer shall comply with the insurance requirements outlined in Attachment C of this RFP and the insurance requirements of lenders and investors.

Asset Manager – NTTCOG will have asset management responsibilities related to units in which NTTCOG or its affiliate has an ownership interest. NTTCOG will monitor and enforce the terms of its lease and the Regulatory and Operating Agreement with the Co-Developer and require that all housing units be managed following applicable local, state, and federal requirements.

Contract Administration

NTTCOG will attend all construction meetings and reviews. Approve all construction drawings and amendments and monitor the construction process from bidding to contract closeout.

MINIMUM REQUIREMENT FOR CO-DEVELOPER

Respondents to the RFP must meet the following minimum requirements:

• Must have at least five years of experience developing affordable housing of comparable size and scope to the Project outlined in this RFP
• Must have developed and completed within the last ten years at least two projects of comparable size and scope to the Project outlined in this RFP
• Must have experience successfully accessing private equity, debt financing, and government grants or loans

ROLE OF CO-DEVELOPER

Throughout the redevelopment effort, including each component phase, the Co-Developer will work closely with all stakeholders, including  NTTCOG staff, NTTCOG residents, NTTCOG consultants, the surrounding community, the municipalities, and appropriate federal/local agencies. In addition, the Co-Developer will ensure that the redevelopment plan is approved, financed, and implemented promptly.

General

Assist NTTCOG with refining its Site Concept to achieve its project objectives for the Project.

Oversee and Implement Redevelopment Efforts – Provide the necessary staffing, expertise, supervision, and guarantees to implement all aspects of the redevelopment fully and expeditiously as required by the Master Development Agreement (MDA). The MDA is a contract between NTTCOG or an affiliate thereof and the Co-Developer that details the obligations of both parties and specifies the standards and conditions that will govern the redevelopment of the Site.

Hire and Manage Consultants and Development Team Members Necessary for Planning and Implementation – The Development Team shall include at a minimum, the Co-Developer, Project Architect, Attorney, Energy Consultant, and Property Manager. These Development Team members must be submitted with the Offeror’s response to this RFP.

Develop funding applications as necessary to fully implement the redevelopment strategy. Procure other consultants or contractors and coordinate all tasks required for all financing applications, finalizing the site-specific redevelopment plans and all implementation tasks. At a minimum, the Co-Developer will need to procure, oversee, and manage all consultants appropriately as necessary to complete funding applications, master planning, architectural, environmental review, market analysis, geotechnical studies, civil, mechanical, and electrical engineering, and any other activities deemed necessary by the Co-Developer and NTTCOG. Respondents are strongly encouraged to demonstrate participation on their team, whether by joint-venture arrangements or otherwise, of local expertise in areas of relevance to the planning and development process, including LIHTC financing, design, and construction matters.

Maintain Communication Regarding Project Progress with NTTCOG, lenders, investors, all key stakeholders, and the larger public – NTTCOG will establish a regular schedule of team meetings in which the Co-Developer will participate. Moreover, the Co-Developer will be responsible for submitting monthly progress reports to NTTCOG in such formats and media as it might direct, on the project status and schedule, including but not limited to design, permits, financing, resident coordination, etc.

Develop and Maintain Quality Control Measures – The Co-Developer is responsible for ensuring the Project is constructed and managed with the highest quality materials and workmanship. In addition, the Co-Developer will be required to implement quality assurance and control measures to ensure adequate performance by all parties in all aspects of the program.

Develop and Maintain a Detailed Development Schedule and Critical Path Schedule – The Co-Developer will develop and maintain a detailed schedule of events predicated on financing deadlines that include predevelopment activities, construction start, project stabilization, and permanent loan close. In addition, develop a Critical Path Schedule for all phases of construction, and lease-up and stabilization.

Be Responsive to Local Community, Neighborhood, and Governmental Interests – The Co-Developer will work with NTTCOG to promote and maintain good relations with community and neighborhood groups, and federal, state, and local governments.

Compliance with Laws and Regulations – The Co-Developer will comply with all applicable federal and local laws, rules, and regulations applying to the activities required by the Master Development Agreement.

MBE/WBE/BIPOC Opportunities – The Co-Developer will take all necessary affirmative steps to assure that disadvantaged, minority women-owned business, and BIPOC-led enterprises (MBE/WBE/BIPOC) are used to the greatest extent feasible in compliance with federal policy and consistent with LISC NY and NTTCOG’s Employment, Training and Contracting Policy. NTTCOG’s goals and expectations are that the Co-Developer will meet or exceed 30% of the total value of all contracts and subcontracts awarded to MBE/WBE/BIPOC-led firms.

Local Contracting – The Co-Developer shall undertake reasonable efforts to involve qualified local consultants and contractors in the redevelopment effort. For this purpose, “local” means firms in New York, New York. It is important to note that the architect of record and engineers must be licensed to work in the State of New York and must be included in the Respondent’s Statement of Qualifications in response to this RFP.

Predevelopment

Prepare Feasibility Assessments, Market Analyses, and Appraisals – To finalize the overall redevelopment approach for each Site, prepare such feasibility assessments, market analyses, and appraisals as necessary to confirm the respective redevelopment approach. The Co-Developer will also be responsible for additional market analyses and appraisals to develop and obtain financing for each redevelopment phase.

Planning and Design – The selected Co-Developer shall include a progressive architectural team that will lead to a signature design in affordable housing utilizing the Principles for Building Resilience in state-of-the-art housing in the State of New York.

Assist NTTCOG in obtaining necessary disposition approval – The selected Co-Developer shall assist NTTCOG with any disposition or acquisition applications, as required.

Grant Writing and Related Funding Assistance – The Co-Developer shall apply as a co-applicant for all grant opportunities possible. The Co-Developer will also be required to submit other funding applications to help finance the project.

Prepare Redevelopment Plans – In consultation with NTTCOG, the residents, the community, and other interested stakeholders, the Co-Developer will refine the plan for redevelopment consistent with program goals and as acceptable to the NTTCOG.

Obtain Environmental Clearances – In collaboration with NTTCOG, the Co-Developer will procure the necessary consultants and prepare the documents to obtain environmental clearances from all interested agencies.

Plans and Specifications – Subject to the review and approval of NTTCOG, the Co-Developer will be responsible for preparing all necessary infrastructure and building plans and specifications that comply with the requirements of all permitting and regulatory entities. All documents and designs will be subject to NTTCOG's review and approval.

Financing

Produce an Overall Financing Plan – Subject to NTTCOG's review and approval, the Co-Developer will produce a viable financing plan for the overall redevelopment effort. The comprehensive financing plan will be developed alongside the redevelopment plan and market analysis. The redevelopment plan shall reflect the realities of the overall financing plan and market analysis while the financing plan will reflect the goals of NTTCOG.

Financing Application(s) – Per the Master Development Agreement, the Co-Developer will be required to pursue diligently and use best efforts to obtain all financing necessary to implement the redevelopment plans in a timely fashion, which may include, but not be limited to - tax credits, tax-exempt bonds, federal/state/local funds, and private debt.

Maximize the Leveraging of Public and Private Resources – The Co-Developer shall maximize the leveraging of public and private resources by pursuing all reasonable sources of financing and utilizing various Partner(s)s and Partnerships. In addition, the Co-Developer shall take full responsibility for securing all financing sources promptly. Coordinate discussion and negotiations with financial institutions and private Partner(s). All financing terms are subject to review and approval by NTTCOG. In the case of any identity of interest between the Co-Developer and any lender, syndicator, or other financing Partner(s), the Co-Developer must demonstrate how the proposed terms are most favorable to other terms available in the market.

Obtain Equity Investment – Using an open and competitive process, obtain equity financing commitment on the best terms currently available as required by the Master Development Agreement and subject to NTTCOG’s approval. NTTCOG intends to participate in developing the solicitation documents for investors by reviewing the letters of interest received and the ranking and scoring of all responses. In addition, NTTCOG will need to approve the investors for each Project.

Guarantees – In accordance with the Master Development Agreement, provide all guarantees required for the successful financing of the redevelopment effort, including completion guarantees, operating deficit guarantees, and tax credit adjuster or recapture guarantees and guarantees of performance under the Agreement. In addition, NTTCOG will require that the Co-Developer demonstrate financial ability to honor the guarantees and indicate how they intend to honor the guarantees if necessary.

Operating Feasibility – As required in the Master Development Agreement, structure such reserves and other devices as necessary to reasonably guarantee the long-term operating feasibility of the Project.

Accounting/Financing – As to be provided for in the Master Development Agreement, maintain accounting records and ensure Project financing is available at the appropriate times and utilized in the appropriate manner.

Construction

Hire Qualified General Contractor or Construction Manager to Oversee Construction Activities – The Co-Developer will create and implement a competitive process to select with NTTCOG the most qualified General Contractor or Construction Manager. During construction, the Co-Developer shall provide oversight and management of construction activities to ensure the expeditious implementation of the Project, subject to the review and approval of NTTCOG. As regular on-site construction monitoring is critical to the success of the Project, the Co-Developer must have a full-time on-site presence during the term of construction. Any construction management is considered Co-Developer overhead and may not be paid with project funds. Any identity of interest between the Co-Developer and the General Contractor or Construction Manager must be approved by NTTCOG, lenders, and investors.

Facilitate Necessary Site Improvements – According to the Master Development Agreement, the Co-Developer shall initiate and complete site work and infrastructure construction with review and approval by NTTCOG.

Implement Development Program – Per the final redevelopment plans approved by lenders, investors, and regulatory agencies and subject to review and approval of NTTCOG, the Co-Developer will develop all improvements associated with the development program.

Ownership and Asset Management

Organize Ownership Entity – Upon completion of the redevelopment plan and its acceptance by NTTCOG, the selected Co-Developer will be expected to organize an ownership entity and structure approved by NTTCOG and the requirements of other financing entities.

Ensure the Short- and Long-Term Viability of the Redeveloped Projects – The Co-Developer shall develop and implement marketing, re-occupancy, asset, and property management plans to ensure each Project's short- and long-term viability.

1. NTTCOG is the sole judge of each proposal's conformance with the requirements of this Request for Proposals and the merits of such submission.
2. NTTCOG reserves the right to waive any condition or modify any provisions of this document concerning one or more Respondents, to negotiate with one or more Respondents, to require supplemental statements and information from any Respondents, to modify any of the terms and conditions herein, and to reject any or all proposals in its sole and absolute discretion.
3. If all proposals are rejected, the disposition of the Project may be conducted by any means, terms, or conditions chosen by NTTCOG in its sole and absolute discretion.
4. Upon selecting a Respondent, if any, NTTCOG will notify the Respondent of the terms and conditions upon which NTTCOG will be willing to negotiate definitive development documents. However, nothing will be binding on NTTCOG or the Respondent unless and until final documents are executed and delivered by both.
5. The timing of the conditional selection will depend upon the degree to which supplemental information regarding individual proposals may be required or due to any other factors that NTTCOG, in its sole discretion, considers pertinent.
6. All submitted proposals are the property of NTTCOG. NTTCOG is not liable for any costs or expenses incurred by a Respondent in preparing proposals, negotiations, or discussions with NTTCOG or in connection with any other work. A proposal may be modified at any time before the submission deadline. Only the final version of the proposal will be considered.
7. The Site will be delivered in its "as is" condition, subject to any environmental conditions, hazards, or other title matters.
8. The NTTCOG, its officers, employees, consultants, attorneys, and agents make no representation or warranty and assume no responsibility of any kind for the accuracy of any of the information set forth herein or otherwise provided by Church Personnel, the physical condition, the status of title or usability of the Site, or any other matter. All due diligence is the sole responsibility of the Respondents, and Respondents are encouraged to satisfy themselves concerning any aspect of the proposed development or condition of the Site.
9. All proposals must conform to and be subject to all applicable laws, regulations, and rules of any governmental authority having jurisdiction over the Site or the development thereof (including, without limitation, any zoning or applicable land use regulations).
10. The NTTCOG invites the participation of real estate brokers acting on behalf of and with authorization of identified principals, provided that the broker arranges for the payment of its commission or other compensations exclusively by the selected Co-Developer. It is a condition to the designation of a developer of the Project that the chosen developer agrees to pay any commission or compensation brought by any broker because of the Project or the development of the Site other than Development Site Advisors.
11. Upon submission of a proposal to this RFP, Respondents and the representatives and agents will treat their proposals and all information obtained in connection with the RFP (“Confidential Information”) in a confidential manner, and will not discuss, publish, divulge, disclose or allow to be disclosed the Confidential Information to any other respondents or any other person, firm or entity, including press or other media, without the prior written approval of the NTTCOG.

EXTERNAL ORGANIZATIONAL CONFLICTS

Co-Developer certifies that neither it nor any of its contractors or subcontractors include persons who have an interest (direct or indirect) in this proposed contract and who, during their tenure or for one (1) year after that, are:

1. A present or former member or officer of NTTCOG’s Board of Directors, Governing Body, or any member of the officer’s immediate family.
2. Any NTTCOG employee who formulates policy or influences decisions concerning the NTTCOG project(s) that are connected to this proposed contract, any member of the employee's immediate family, or the employee's Partner(s).
3. Any public official, member of the local governing body, State/Territory or local legislator, or any member of such individual's immediate family.

Respondents may submit a response to this RFP so long as any potential conflict is disclosed. In its sole discretion, the NTTCOG will determine if any such conflict warrants the Respondent's disqualification.

NOTE: "Immediate family" member means the spouse, mother, father, brother, sister, or child of a covered class member, whether related as a full-blood relative or as a "half" or "step" relative (e.g., half-brother or stepchild).

INTERNAL ORGANIZATIONAL CONFLICT

It is NTTCOG's policy to avoid situations that place a Respondent in a position where its judgment may be biased because of any past, present, or currently planned interest, financial or otherwise, that the Respondent may have that relates to the work to be performed according to this solicitation or where the Respondent's performance of such work may provide it with an unfair competitive advantage.

If necessary, Respondents shall provide a signed statement (“Disclosure Certification") that describes all relevant facts concerning any past, present concisely, or currently planned interest (financial, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the Respondent has a possible organizational conflict of interest concerning (1) being able to render impartial, technically sound, and objective assistance or advice, or (2) being given an unfair competitive advantage.

In the Disclosure Certification, the Respondent may also provide relevant facts that show how its organizational structure or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such organizational conflict.

In the absence of any relevant interests identified in a signed Disclosure Certification, Respondents certify by their signature on this solicitation that the Respondent, to the best of its knowledge and belief and except as otherwise disclosed, does not have an organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the Respondent's organizational, financial, contractual or other interests may, without some restriction of future activities (1) result in an unfair competitive advantage to the Respondent, or (2) impair the Respondent's objectivity in performing the contract work. Accordingly, the Respondent's signature on this solicitation certifies that to the best of the Respondent's knowledge and belief, no actual or apparent conflict of interest exists regarding the Respondent’s possible performance of this procurement.

No award shall be made until the Disclosure Certification and a Financial or Personal Interest Disclosure Statement, if applicable, have been evaluated by the NTTCOG. Failure to provide the Disclosure Certification or the Financial or Personal Interest Disclosure Statement, if applicable, will be deemed a minor infraction. The Respondent will be permitted to correct the omission within a period established by the NTTCOG.

Refusal to provide the Disclosure Certification, the Financial or Personal Interest Disclosure Statement, if applicable, and any other additional information required by the NTTCOG, or the willful nondisclosure or misrepresentation of any relevant information shall disqualify the Respondent.

In the event that NTTCOG determines that a potential conflict exists, in that case, the selected Respondent shall not receive an award unless the conflict is addressed to the satisfaction of NTTCOG and applicable law.

Respondents must disclose the following:

• Actual, apparent and potential conflicts
• Ownership interests
• Identification of officers and directors of bidding entities
• Overlapping ownership interests or directorships in other companies. 

DISCLOSURE STATEMENT

Before awarding, and while Respondent is conducting business with NTTCOG, Respondent must disclose any direct or indirect conflicts of interest and organizational conflicts of interest as soon as such conflict becomes known or should have become known. Respondents with a conflict of interest must provide full and complete disclosure, in writing, to NTTCOG. The Disclosure Statement must be presented on the Respondent's letterhead, notarized, and signed by the individual making the disclosure.  

CONTRACTOR RESPONSIBILITY

NTTCOG shall make awards only to responsible Co-Developers who can perform successfully under the terms and conditions of a proposed contract. Consideration shall be given to such matters as contractor integrity, public policy compliance, past performance record, and financial and technical resources. Contracts shall not be awarded to any Co-Developer whose previous business or performance indicates that it was not responsible.

MUNICIPAL CHARGES 

All buildings managed or owned by the Respondent must be current with all real property taxes, water, and sewers charges, or have entered into, and be in compliance with binding payment agreements for all outstanding taxes and charges.

CODE VIOLATIONS

A respondent may be rejected at any time during the evaluation process if findings of a substantial record of serious New York City Building Code violations with regard to properties owned or managed by the Respondent or any of its principals or related entities, and such findings have not been adequately addressed.

ADVERSE FINDINGS

A Respondent may be rejected at any time during the evaluation process if adverse findings are made with regard to the Respondent or any of its principals or related entities, including, but not limited to, adverse findings with respect to any of the following:

• Past or pending government or private mortgage foreclosure proceedings or arrears with respect to any property owned or managed by the Respondent
• Past or pending governmental tax or lien foreclosure, or substantial tax arrears
• Findings of tenant harassment or a pending case of harassment
• Arson, fraud, bribery, or grand larceny conviction or a pending case.
• Past or pending default on any obligation to, unsatisfied judgment or lien held by, or contract with, any governmental agency
• Past or pending suspension, debarment, or finding of non-responsibility by any government agency
• A past or pending voluntary or involuntary bankruptcy proceeding
• A negative history with New York City or any other government agency.

CERTIFICATION REGARDING DEBARMENT

Respondent certifies by submitting its proposal that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by a federal department, state, or city agency.

If any of the Respondent's principals, officers, directors, or Partner(s) have been debarred, suspended, or otherwise lawfully precluded from participating in the Scope of Services outlined in the RFP, the Respondent shall disclose that information in its proposal. All Respondents must submit a Disclosure Statement if this is not the case. Failure to provide such information or to complete (Exhibit A – Disclosure Form) shall result in the rejection of the proposal. NTTCOG will corroborate this information.

Each Respondent's principals, officers, directors, and Partner(s) must be in good standing with NTTCOG and any Federal or local agency with a contractual relationship with the Respondent or any of its principals, officers, directors, and Partner(s).

REQUIRED NTTCOG RESPONDENT REGISTRATION

Respondent is responsible for contacting local authorities to ensure that Respondent has complied with all laws and is authorized or licensed to do business in the State of New York. In addition to that, all applicable fees are the responsibility of Respondent now or hereafter in effect during the contract. Respondent and its employees, agents, and subcontractors shall also comply with all Federal, State, and local laws regarding business permits and licenses that may be required to conduct the services performed under the contract. 

OWNERSHIP OF DOCUMENTS

All documents and information generated, prepared, assembled, and provided to NTTCOG according to this RFP become the property of NTTCOG upon receipt. Respondents shall not copyright, or cause to be copyrighted, any portion of any document submitted to NTTCOG because of this RFP.

REJECTION OF PROPOSALS

NTTCOG may reject any or all proposals. Action to reject all proposals shall be taken only for unreasonably high prices, error in the solicitation, cessation of need, unavailability of funds, failure to secure adequate competition, or any other reason deemed appropriate by NTTCOG.

CO-DEVELOPER STATUS

The Co-Developer shall be an independent contractor and will not be an employee of NTTCOG.

GOVERNMENT RESTRICTIONS

In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, or performance of the goods or the material, quality, workmanship, or performance of the goods or services offered, it shall be the responsibility of the successful Respondent to immediately notify NTTCOG in writing specifying the regulation which requires an alteration. NTTCOG reserves the right to accept any such alteration, including any reasonable price adjustments, or to cancel the contract at no expense to NTTCOG.

ADVERTISING

Respondent agrees not to use the fact of or the results from the proposal submitted as part of any commercial advertising. NTTCOG does not permit the use of NTTCOG’s relationship with an entity for marketing efforts unless NTTCOG agrees explicitly otherwise.

NOTICES

All notices, demands, requests, and claims about the award of this contract must be addressed in writing to the following:

Monica Dean

Director of Housing

LISC New York | Local Initiatives Support Corporation

NYLOP@lisc.org

COMPLIANCE WITH LAW

The Co-Developer shall comply with all applicable Federal, State, Territory. Local laws, regulations, ordinances, and requirements applicable to the work described herein, including, but not limited to, those applicable laws, rules, and requirements governing equal employment opportunity programs, subcontracting with small and minority firms, women's business enterprises, and labor surplus area firms, and equal opportunity for businesses, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Davis-Bacon Act, and those laws and regulations concerning the abatement and remediation of asbestos and lead-based paint, and shall provide for such compliance in the contract documents. The Co-Developer shall obtain, at Co-Developer's expense, such permits, certificates, and licenses as may be required to perform the work specified

INDEMNIFICATION

NTTCOG cannot, and by the Agreement relating to this RFP, does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Co-Developer or any other person or entity whatsoever, for any purpose whatsoever.

STANDARDS OF CONDUCT

The Co-Developer shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity and for taking such disciplinary action concerning any employee as necessary.

Each submission will be evaluated based on its responsiveness to this RFP and primarily per the Evaluation Criteria in the following table. Respondents are required to respond thoroughly to each of the following evaluation factors, with a focus on providing answers that are both clear and concise. In its sole discretion, NTTCOG will select the Respondent whose proposal is in the best interest of the NTTCOG.

If your business or non-profit is selected as a finalist, you will be notified via email. Being selected as a finalist does not guarantee acceptance as Master Developer for these sites. As a finalist, additional documentation will be required, including but not limited to tax returns/990s, Certificate of Good Standing from the New York Secretary of State (except if you're a micro-entrepreneur), a 501(c)(3) letter for non-profits, and an SSN,TIN/ITIN and/or EIN for the applicant and/or the business in order for us to perform the due diligence required by the program’s funding source.

This due diligence inquiry may include background search that we will conduct at our expense. If the due diligence step is successfully completed, we will ask for W-9 and appropriate banking information so that we may transfer funds by ACH to your designated account.