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RFP for Atlantic Yards Independent Compliance Monitor

RFP for Atlantic Yards Independent Compliance Monitor

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Published by AYReport
RFP for Atlantic Yards Independent Compliance Monitor'

The Darman Group, March 16, 2007
RFP for Atlantic Yards Independent Compliance Monitor'

The Darman Group, March 16, 2007

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Published by: AYReport on Feb 24, 2014
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02/24/2014

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REQUEST FOR PROPOSALS
 
FOR INDEPENDENT COMPLIANCE MONITOR SERVICES
 
PREAMBLE
In connection with the development of a sports arena that will be the future home of the New Jersey Nets (“Arena”) and the construction of a residential, office and retail mixed use development to be known as Atlantic Yards (“Project”) in downtown Brooklyn, Forest City Ratner Companies, through its affiliates Brooklyn Arena, LLC and Atlantic Yards Development Company, LLC (the “Developer”), executed a history making Community Benefits Agreement (the “Agreement”) with a coalition of eight (8) community based organizations. The Coalition consists of:
 
All Faith Council of Brooklyn (AFCB),
 
Associations of Community Organizations for Reform Now (ACORN),
 
Brooklyn United for Innovative Local Development (BUILD),
 
Downtown Brooklyn Neighborhood Alliance (DBNA), Downtown Brooklyn Educational Consortium (DBEC),
 
First Atlantic Terminal Housing Committee (FATHC), n/k/a/ Brooklyn Endeavor Experience, Inc. (BEE, Inc.)
 
 New York State Association of Minority Contractors (NYSAMC) and
 
Public Housing Communities (PHC) The Coalition and the Developers established a working group known as the Executive Committee, comprised of representatives from the Coalition members and the Developers. Each of the Coalition Members is responsible for creating a Governing council in charge of a particular area or initiative assigned to the each Coalition member under the CBA. As stated in the CBA, the term of the Agreement commences on the date of execution and continue until either (i) the Developers abandon their efforts to acquire or lease from the Metropolitan Transportation Authority and to obtain a rezoning of the Project site for large-scale development, or (ii) thirty (30) years from commencement of construction of the first residential building to be constructed by Project Developer or its Affiliates at the Project.
PART I PROCUREMENT INFORMATION
 A.
 
The Executive Committee for the Community Benefits Agreement of the Brooklyn Atlantic Yards Project (CBA) will accept Proposals from Firms interested in providing Independent Compliance Monitoring services in connection with the implementation of the CBA for a contract term of two years from the date of execution of a final contract. Such term shall be cancellable for
 
cause by the Executive Committee and the Executive Committee shall have the option to extend the contract term in its sole discretion upon terms to be agreed upon. B.
 
Such Independent Compliance Monitor (“ICM”) shall be selected and hired by the Executive Committee, at an annual payment of up to $100,000 to be paid by the Project Developer, and shall be responsible for oversight of the Project Developer’s, Arena Developer’s and Coalition members’ obligations under this Agreement, investigation of any complaints brought against the Developers or a Coalition member regarding implementation of this Agreement. C.
 
Interested firms should submit nine (9) copies of their proposals in the format described below to: CBA Executive Committee C/O The Darman Group, Inc. Att: Hallene B. Condon 1425 Central Ave. Far Rockaway, New York11691 D.
 
All questions regarding the CBA and/or this RFP should be forwarded in writing to Hallene B. Condon at Hallene@thedarmangroup.com. E.
 
The Executive Committee reserves the right to reject any or all proposals and to select the firm which in its judgment, best meets the needs of the CBA implementation process. F.
 
The selection process contemplated by this request for proposals will result in the selection of a firm to
 
monitor and analyze
 
the work of the Executive Committee and each of its members with regard to the implementation of the CBA. G.
 
Proposals shall be deemed incomplete if they lack any one or more of the following components, as detailed further in Part III: a.
 
Description of Firm & Qualifications  b.
 
Plan of Action c.
 
Client References H.
 
Upon selection of the firm the Executive Committee will enter into a written contract with the firm memorializing the terms of this RFP. The contract will  become effective upon Developer securing all approvals necessary to commence the Project.
 
 
PART II COMPLIANCE REVIEW OBJECTIVES AND SCOPE OF WORK Task I
The ICM should establish a clear understanding of the scope, schedule, intricacies and programmatic goals of each phase of the project as set forth in the CBA, a copy of which is attached hereto and made a part hereof.
Task II
The ICM shall meet with each of the Executive Committee members to clearly define such member’s individual areas of responsibility as prescribed in the CBA, including with respect to its Governing Council. The ICM will also analyze and measure how these areas of responsibility or lack of fulfillment of such obligations will impact the goals and objectives of the CBA.
Task III
 The ICM shall meet with the Executive Committee members to clearly define such members’ obligations and responsibilities, as prescribed in the CBA, as a whole toward the effective implementation of the entire CBA. The ICM shall develop quantitative and qualitative measurements of such compliance with the goals outlined in the CBA and evaluate the adherence to the time-lines for the completion of the goals set forth in therein.
Task IV 
ICM shall analyze all the initiatives and obligations that are set forth in the CBA and develop a strategy which clearly defines and measures whether compliance objectives set forth in the CBA are being achieved. The ICM shall develop a format for reporting on compliance with the CBA and its initiatives and establish a frequency for such reports.
Task V
The ICM shall deliver 10 copies of all reports to the Executive Committee and 2 copies to the Downtown Brooklyn Advisory and Oversight Committee (DBAOC). The execution of all of the above tasks may run concurrently.

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