- OCDC is the sole judge of each proposal's conformance with the requirements of this Request for Proposals and the merits of such submission.
- OCDC 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.
- If all proposals are rejected, the disposition of the Project may be conducted by any means, terms, or conditions chosen by OCDC in its sole and absolute discretion.
- All submitted proposals are the property of OCDC. OCDC is not liable for any costs or expenses incurred by a Respondent in preparing proposals, negotiations, or discussions with OCDC 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.
- The Project Site will be delivered in its "as is" condition, subject to any environmental conditions, hazards, or other title matters.
- The OCDC, 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.
- 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).
- 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 OCDC.
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:
- A present or former member or officer of OCDC’s Board of Directors, Governing Body, or any member of the officer’s immediate family.
- Any OCDC employee who formulates policy or influences decisions concerning the OCDC project(s) that are connected to this proposed contract, any member of the employee's immediate family, or the employee's Partner(s).
- 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 OCDC 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).
DISCLOSURE STATEMENT
Before awarding, and while Respondent is conducting business with OCDC, 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 OCDC. The Disclosure Statement must be presented on the Respondent's letterhead, notarized, and signed by the individual making the disclosure.
CONTRACTOR RESPONSIBILITY
OCDC 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. OCDC will corroborate this information.
Each Respondent's principals, officers, directors, and Partner(s) must be in good standing with OCDC and any Federal or local agency with a contractual relationship with the Respondent or any of its principals, officers, directors, and Partner(s).
OWNERSHIP OF DOCUMENTS
All documents and information generated, prepared, assembled, and provided to OCDC according to this RFP become the property of OCDC upon receipt. Respondents shall not copyright, or cause to be copyrighted, any portion of any document submitted to OCDC because of this RFP.
REJECTION OF PROPOSALS
OCDC may reject any proposals.
CO-DEVELOPER STATUS
The Co-Developer shall be an independent contractor and will not be an employee of OCDC.
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 OCDC in writing specifying the regulation which requires an alteration. OCDC reserves the right to accept any such alteration, including any reasonable price adjustments, or to cancel the contract at no expense to OCDC.
ADVERTISING
Respondent agrees not to use the fact of or the results from the proposal submitted as part of any commercial advertising. OCDC does not permit the use of OCDC’s relationship with an entity for marketing efforts unless OCDC 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
OCDC 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.