NEW PALTZ CENTRAL SCHOOL DISTRICT
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
NEW PALTZ CENTRAL SCHOOL DISTRICT
REQUEST FOR PROPOSAL
Real Estate Broker Services
2022 - 2023 School Year
DUE: Monday January 9, 2023
2:00 p.m.
DEBRA KOSINSKI
ASSISTANT SUPERINTENDENT FOR BUSINESS
NEW PALTZ CENTRAL SCHOOL DISTRICT
Phone - (845) 256-4010
Fax - (845) 256-4009
1REQUEST FOR PROPOSAL (RFP)
REAL ESTATE BROKER SERVICES
1. GENERAL INFORMATION
The New Paltz Central School District (the “District”) is requesting proposals from real estate
brokers/firms to assist with the sale or lease of real property owned by New Paltz Central
School District. The subject property is the former District Office (Administration Building)
building, located at 196 Main St., New Paltz, NY 12561. It is the intent of this RFP to have
the successful broker/firm enter into a Professional Services Contract with the School
District to supply real estate services as outlined herein. The District is seeking to sell the
former Administration Building.
The Administration Building is currently used as office space, however, it is zoned as
residential, located on approximately .17 acres. The double level building with a basement
is approximately 3,950 square feet, and has electric heat and an unserviceable oil boiler;
400 amp disconnect electric service; and village sewer and water service to the building.
To be considered, five (5) copies of a proposal must be received by the Assistant
Superintendent for Business by 2p.m., January 9, 2023. All proposals must be in a sealed
envelope and clearly marked “RFP – Commercial RE Broker”. The New Paltz Central School
District reserves the right to reject any or all proposals submitted or to waive any
informality in the RFP process if it is in the best interest of the District.
The New Paltz Central School District reserves the right to retain all proposals submitted
and to use any ideas in a proposal regardless of whether that proposal is selected.
Submission of a proposal indicates acceptance by the person/firm of the conditions
contained in this request for proposals, unless clearly and specifically noted in the proposal
submitted and confirmed in the contract between the New Paltz Central School District and
the real estate broker/firm selected.
If a respondent believes that any information contained in its proposal qualifies for an
exception to the Freedom of Information Law (FOIL), it must indicate which information in
the proposal should be exempted from FOIL and clearly state the grounds for the exception.
During the evaluation process, the New Paltz Central School District reserves the right,
where it may serve the District’s best interest, to request additional information or
clarifications from proposers, or to allow corrections of errors or omissions. At the
discretion of the District, real estate brokers/firms submitting proposals may be requested
to make oral presentations as part of the evaluation process. Interviews are optional, and
may or may not be conducted at the District’s discretion.
There is no expressed or implied obligation for the New Paltz Central School District to
reimburse responding persons for any expenses in preparing proposals in response to this
request.
2Selection of a Real Estate Broker/Firm shall be based upon the following considerations:
Scoring Criteria Weighted Value
Commission Structure 50%
Competitiveness of pricing proposal
Experience and Qualifications 30%
Demonstrated prior experience with transactions of
similar scope and complexity
Key Personnel and Resources 20%
Demonstrated competence and experience of firm’s personnel
responsible for performing work and providing services
A proposal review team will be assigned to evaluate all responsive proposals received by the
Assistant Superintendent for Business. The review team will use the evaluation criteria as
outlined above. It should be noted that the contract(s) resulting from this RFP will be
awarded to the respondent whose proposal(s), conforming to the RFP, is determined to
provide the “best value” to the School District. Therefore, the proposal(s) offering the lowest
cost or receiving the highest technical score may not necessarily be the proposal that is
selected for award.
It is anticipated that the selection will be completed by January 11, 2023, with Board of
Education taking formal action on the January 18, 2023 agenda. Following the notification
of the broker/firm, it is expected a contract will be executed between both parties by
January 27, 2023.
2. SPECIFICATIONS
Scope of Services
The successful firm shall agree to contract with the School District to provide the
following:
Develop and implement marketing strategies for sale of property to yield the
highest financial benefits for the District
Provide a monthly report to the assigned staff contact about current/new
marketing efforts, contacts/leads, and other developments
Maintain timely telephone and/or email contact with the assigned staff when
there are active interests and transactions
Consult with District staff relating to services provided. Presentations at public
meetings may be required.
Negotiate with potential buyers and/or tenants on behalf of the District
Coordinate with District Counsel on real estate transaction process and closings
Handle all other customary activities and services associated with real estate
transactions
3Broker’s Qualifications
Respondents to this RFP shall have the following qualifications:
Must be licensed and in good standing with the State of New York.
Must be knowledgeable in the local real estate market and have experience with
commercial properties.
Must be knowledgeable in the use of all public real estate records.
Insurance Requirements
For proposal purposes, proposers must submit copies of certificates of insurance,
listing New Paltz Central School District as additional insured as follows:
Automobile liability @ $1,000,000 per occurrence
Comprehensive general liability @ $1,000,000 per occurance/$2,000,000
aggregate
Workers’ Compensation @ statutory
Disability benefits @ statutory
Professional Errors and Omissions $1,000,000 per occurrence/ $2,000,000
aggregate for the professional acts of the consultant performed under the contract
for the District
Excess umbrella @ $2,000,000 per occurrence/aggregate
Fee Schedule
The proposed fee schedule shall include the following items:
State your commission rate for the selling or leasing of property, other pertinent
terms and must indicate all conditions requested.
State any other costs the School District may anticipate relating to the real estate
services to be provided.
Any compensation or fee shall only be paid only if, as and when title to the
District Administration Building is conveyed. Please note, the final sale approval
is subject to approval of both the Board of Education and the public via a
proposition at the annual budget vote in May 2023 (and June if necessary) of the
New Paltz Central School District.
This listing shall appear on the Multiple Listing Service .
Term of Contract
The contract period for the successful broker/firm will be from date of award through
nine (9) months, or upon closing of the real estate transaction, if sooner. The
contract may be renewed for an additional sixty (60) day term as may be agreed to in
writing by both the broker/firm and the New Paltz Central School District.
The following information must accompany your proposal:
Description of your firm including a brief firm history, size of firm, location,
number and nature of the professional staff to be assigned to the District; staff
experience and training, including a brief resume for each key person listed.
4 Describe experience (minimum five years previous experience with proven
effectiveness) your firm or organization has in pertinent real estate transactions.
Experience in assisting similar entities, including any and all services for
government agencies.
List of at lease three (3) references where and when your firm provided similar
services. Please provide names and telephone numbers of contact persons for
each reference.
Additional services offered through your firm, if any.
Listing of current litigation, outstanding judgments and liens, as it relates to real
estate transactions.
3. PROPOSAL SUBMISSION
Five (5) complete sets of the proposal must be submitted to the District by 2:00 pm, Monday
January 9, 2023 and clearly labeled as follows:
Via U.S. mail to:
Debra Kosinski
Assistant Superintendent for Business
New Paltz Central School District
196 Main Street
New Paltz, NY 12561
“RFP – Commercial RE Broker”
Via hand delivery to:
Debra Kosinski
Assistant Superintendent for Business
New Paltz Central School District
1 Eugene L. Brown Drive
New Paltz, NY 12561
“RFP – Commercial RE Broker”
4. LAWS AND REGULATIONS
The Real Estate Broker/Firm shall comply with all laws, ordinances and rules and
regulations which may govern the work as specified in this contract.
5. INDEMNITY
The Real Estate Broker/Firm agrees to indemnify, defend and hold the New Paltz Central
School District, its Board of Education, officers and employees harmless from and against
all liability, claims, actions, proceedings and suits, of any name and nature, as the same
may relate to the services provided by the Real Estate Broker/Firm pursuant to this
Agreement.
6. VEHICLE
The Real Estate Broker/Firm shall provide their own transportation and gas in the
execution of the aforementioned duties, and shall at all times, carry vehicle insurance as
outlined above.
5All costs related to the Real Estate Broker/Firm’s vehicle shall be the responsibility of the
Broker/Firm.
7. TERMINATION
The contract may be terminated by either party by a thirty (30) day written notice to the
other party.
The following Attachments must be completed, signed and notarized, where required:
1. Non-Collusive Bidding/Proposal Certification
2. Proposer Warranties
3. Iran Divestment Act Compliance Rider/Certification – Iran Divestment Act of 2012
4. Sexual Harassment Certification
6ATTACHMENT #1
NON-COLLUSIVE BIDDING/PROPOSAL CERTIFICATION
Section 103-d, General Municipal Law. Statement of non-collusion in bids and proposals to
political subdivisions of the state. Every bid or proposal hereafter made to a political
subdivision of the state or any public department, agency, or official thereof where
competitive bidding is required by statute, rule, regulation or local law, for work or services
performed or to be performed or goods sold or to be sold, shall contain the following
statement subscribed by the bidders and affirmed by such bidder as true under the penalties
of perjury,
a. By submission of this bid/proposal, each bidder/proposer and each person signing on
behalf of any bidder/proposer certifies, and in the case of any joint bid/proposal each party
thereto certified as to its own organization, under penalty of perjury, that to the best of
knowledge and belief:
1 The prices in this bid/proposal have been arrived at independently without collusion,
consultation, communication or agreement, for the purpose of restricting competition,
as to any matter relating to such prices with another bidder or with any competitor,
2 Unless otherwise required by law, the prices which have been quoted in this
bid/proposal have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to opening, directly or indirectly, to any other
bidder/proposer or to any competitor; and
3 No attempt has been made or will be made by the bidder/proposer to induce any other
person, partnership or corporation to submit or not to submit a bid/proposal for the
purpose of restricting competition.
b. Any bid/proposal shall not be considered for award nor shall any award be made where
(a) (1) (2) and (3) above have not been complied with; provided however, that if in any
case the bidder/poroposer shall so state and furnish with the bid/proposal a signed
statement which sets forth in detail the reason therefor. Where (a) (1) (2) and (3) above
have not been complied with, the bid/proposal shall not be considered for award nor shall
any award be made unless the head of the purchasing unit of the political subdivision,
public department, agency or official thereof to which the bid/proposal is made, or their
designee, determines that such disclosure was not made for the purpose of restricting
competition.
The fact that the bidder/proposer (a) has published price lists, rates, or tariffs covering
items being procured, (b) has informed prospective customers of proposed or pending
publication of new or revised price lists for such items, or (c) has sold the same items to
other customers at the same prices being bid/proposed, does not constitute, without
more, a disclosure within the meaning of subparagraph one (a).
7Any bid/proposal hereafter made to any political subdivision of the state or any public
department, agency or official thereof by a corporate bidder/proposer for work or services
performed or to be performed or goods sold or to be sold, where competitive bidding is
required by statute, rule, regulation or local law, and where such bid contains the
certification referred to in subdivision one of the section, shall be deemed to include the
signing and submission of the bid and the inclusion as the act and deed of the
corporation.
Signed _____________________________ Title _______________________________
8ATTACHMENT #2
PROPOSER WARRANTIES
A. Proposer warrants that it is willing and able to comply with State of New York laws and
regulations.
B. Proposer warrants that it is willing and able to obtain an error and omissions insurance policy
providing a prudent amount of coverage for the willful or negligent acts, or omissions of any
officers, employees or agents thereof.
C. Proposer warrants that it will not delegate or subcontract its responsibilities under an
agreement without the express prior written permission of the Mt. Pleasant Cottage School
Union Free School District.
D. Proposer warrants that all information provided by it in connection with this proposal is true
and accurate.
Firm’s Name
Address
City, State, Zip
(Print Name) (Signature)
(Phone) (Fax)
9ATTACHMENT #3
IRAN DIVESTMENT ACT COMPLIANCE RIDER
The Iran Divestment Act of 2012, effective as of April 12, 2012, is codified at State Finance Law
(“SFL”) §165-a and General Municipal Law (“GML”) §103-g. The Iran Divestment Act, with certain
exceptions, prohibits municipalities, including the District, from entering into contracts with persons
engaged in investment activities in the energy sector of Iran. Pursuant to the terms set forth in SFL
§165-a and GML §103-g, a person engages in investment activities in the energy sector of Iran if:
a. The person provides goods or services of twenty million dollars or more in the energy sector of Iran,
including a person that provides oil or liquefied natural gas tankers, or products used to construct or
maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
b. The person is a financial institution that extends twenty million dollars or more in credit to another person,
for forty-five days or more, if that person will use the credit to provide goods or services in the energy
sector in Iran and is identified on a list created pursuant to paragraph (b) of subdivision three of Section
165-a of the SFL and maintained by the Commissioner of the Office of General Services.
Each bidder or proposer must certify that it is not on the list of entities engaged in investment activities
in Iran created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the SFL. In any case
where the bidder or proposer cannot certify that it is not on such list, the bidder or proposer shall so
state and shall furnish with the bid or proposal a signed statement which sets forth in detail the
reasons why such statement cannot be made. The District may award a bid to a bidder who cannot
make the certificate on a case by case basis if:
1. The investment activities in Iran were made before the effective date of this section (i.e., April 12, 2012),
the investment activities in Iran have not been expanded or renewed after the effective date of this section
and the person has adopted, publicized and is implementing a formal plan to cease the investment
activities in Iran and to refrain from engaging in any new investments in Iran; or
2. The District makes a determination that the goods or services are necessary for the District to perform its
functions and that, absent an exemption, the District would be unable to obtain the goods or services for
which the contract is offered. Such determination shall be made in writing and shall be a public document.
A bid or proposal shall not be considered for award nor shall any award be made where the
bidder or proposer fails to submit a signed and verified bidder’s certification.
10ATTACHMENT #4
CERTIFICATION - IRAN DIVESTMENT ACT OF 2012
(This form must be signed and notarized, and submitted with bid)
As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, added
new provisions to the State Finance Law (SFL), §165-a and General Municipal Law (GML) §103-g
effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will
be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in
Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b) and GML §103-g, the initial
list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will
be posted on the OGS website.
By submitting a response to this solicitation or by assuming the responsibility of a Contract awarded
hereunder, Proposer (or any assignee) certifies that once the prohibited entities list is posted on the
OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited
entities list. Additionally, Proposer is advised that once the list is posted on the OGS website, any
Proposer seeking to enter into, renew or extend a Contract or assume the responsibility of a Contract
awarded in response to the solicitation, must certify at the time the Contract is bid upon or a proposal
submitted, or the contract is renewed, extended or assigned that it is not included on the prohibited
entities list.
During the term of the Contract, should District receive information that a person is in violation of the
above-referenced certification, District will offer the person an opportunity to respond. If the person
fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act
within 90 days after the determination of such violation, then District shall take such action as may be
appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering
damages, or declaring the Contractor in default.
District reserves the right to reject any bid, proposal or request for assignment for an entity that
appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility
review with respect to any entity that is awarded a contract and appears on the prohibited entities list
after contract award.
Signature: ___________________________________________ Date:
__________________
Affirmed to me this ________________ day of ____________________, 2022
11Sexual Harassment Certification
In accordance with State Finance Law §138-l, which generally prohibits the School District
from entering into contracts pursuant to the bid/RFP process with persons who fail to submit
a certification affirming compliance with New York State Labor Law §201-g, the proposer
submit the following certification under the penalty of perjury:
By submission of this proposal, each proposer and each person signing on behalf
of any proposer, certifies, and in the case of a joint bid/proposal each party thereto
certifies as to its own organization, under penalty of perjury, that the proposer has
implemented written policy addressing sexual harassment prevention in the
workplace and provides annual sexual harassment training to all of its employees.
Such policy shall, at a minimum, meet the requirements of Section 201-g of the
NYS Labor Law.
Dated: _______________, New York
________________, 2022
Firm’s Name
(Print Name) (Signature)
Sworn to before me this _____
day of ______________, 2022
___________________________
Notary Public
12You can also read
