Permanent and Temporary Staffing Services Panel RFP.pdf

REQUEST FOR PROPOSALS

FOR

PRE-QUALIFIED PANEL

OF

PERMANENT & TEMPORARY STAFFING SERVICES

I. SUMMARY

II. GENERAL PROVISIONS

III. TIMETABLE & DESIGNATED CONTACT

IV. GENERAL REQUIREMENTS

V. PROPOSAL FORMAT AND CONTENTS

VI. INSURANCE REQUIREMENTS

VII. COST PROPOSAL: FORMAT AND REQUIRED INCLUSIONS

VIII. SELECTION PROCESS

IX. NON-COLLUSION

X. IRAN DIVESTMENT ACT

XI. EXECUTIVE ORDER 16

EXHIBIT A - SCOPE OF WORK

EXHIBIT B - PROPOSAL SUBMISSION PACKET

EXHIBIT C - CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY

NEW YORK STATE-CERTIFIED MBEs/WBEs/SDVOBs AND EQUAL EMPLOYMENT

OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

EXHIBIT D - LIST OF BPCA & BPCPC BOARD MEMBERS AND EMPLOYEES

EXHIBIT E - BPCA SAMPLE FORM OF CONTRACT

EXHIBIT F – COST PROPOSAL FORMS

I. SUMMARY

Created in 1968, Battery Park City Authority d/b/a Hugh L. Carey Battery Park City Authority (“BPCA”) is a New York State public benefit corporation responsible for financing, developing, constructing, maintaining, and operating Battery Park City as a richly diversified mixed-use community providing residential and commercial space, with related amenities such as parks, plazas, recreational areas, and a waterfront esplanade. A summary of BPCA’s structure, mission, and history, as well as the Battery Park City project area, may be viewed at:

http://bpca.ny.gov/. Public information regarding BPCA’s finances, budget, internal controls, guidelines, and policies may be viewed at: http://bpca.ny.gov/public-information/.

BPCA hereby requests proposals (individually a “Proposal” and collectively the “Proposals”) from qualified firms (individually a “Proposer” and collectively the “Proposers”) to be appointed to one or both of two pre-qualified panels of firms (each, a “Panel” and collectively, the “Panels”) for Permanent Recruitment and Temporary Staffing Services.

Panel A shall consist of firms providing executive search and permanent recruitment services ("Permanent Firms"), and Panel B shall consist of firms providing temporary staffing services ("Temp Firms"). Proposers may submit proposals for Panel A, Panel B, or both Panels.

Such services shall include, but not be limited to, assisting the Authority in filling permanent positions and providing temporary staffing support in a variety of functional areas including but not limited to: office operations, finance, legal, communications, design & construction, human resources, technology, parks operations, and parks programming.

A detailed scope of work for which the selected Proposers may be engaged is attached as Exhibit A – Scope of Work (the “Work”). For the avoidance of doubt, Work will be assigned to the panel(s) via individual task orders issued under the ultimate contract(s) awarded pursuant to this RFP (as hereinafter defined), which task orders will include individualized scopes of work which may include some, but not necessarily all, of the Work set forth in Exhibit A.

New York State-certified Minority-Owned Business Enterprises (“MBE”), Women-Owned Business Enterprises (“WBE”) and Service-Disabled Veteran-Owned Business Enterprises (“SDVOB”) are encouraged to submit Proposals.

II. GENERAL PROVISIONS

This request for Proposals, including attachments, exhibits, and any amendments or addenda (collectively, the “RFP” or “Solicitation”) is subject to the rights reserved by BPCA, including, but not limited to BPCA’s right to:

• Reject any or all Proposals received in response to the Solicitation.

• Withdraw the Solicitation at any time, at the Authority’s sole discretion.

• Make an award of one or more contracts (each, a “Contract”) under the Solicitation in whole or in part.

• Disqualify any Proposer whose conduct and/or Proposal fails to conform to the requirements of the

Solicitation.

• Seek clarifications and/or revisions of the Proposal or any part of the Proposal.

• Use information obtained by the Authority through site visits; interviews; investigation of a Proposer’s qualifications, experience, ability or financial standing; and any other material or information provided by or received from the Proposer during the RFP process.

• Prior to reviewing the Proposals, direct Proposers to submit modifications to their Proposals addressing subsequent amendments to the Solicitation.

• Request that Proposers submit best and final offers (“BAFOs”) after review and/or negotiation of Proposals.

• Change any of the scheduled dates contained in this RFP.

• Waive any non-material requirements of this RFP.

• Negotiate with one or more selected Proposers within the scope of the Solicitation and in the best interests of the Authority.

• Conduct contract negotiations with additional responsible Proposers if the Authority is unable to finalize contractual terms with any selected Proposer.

• Utilize any and all ideas submitted in the Proposals received regardless of whether a Contract is offered;

and

• Require clarification at any time during the RFP process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Proposal and/or to determine a Proposer’s compliance with the requirements of the Solicitation.

BPCA is not liable or responsible in any way for any expenses incurred in the preparation of a Proposal in response to this RFP.

All information submitted in response to this RFP is subject to the Freedom of Information Law, Article 6 of the New York State Public Officers Law (“FOIL”), which requires public access to certain documents possessed by BPCA, unless a specific exemption applies.

Proposers shall identify any information in their respective Proposals that they consider to be confidential and exempt from FOIL by clearly marking such information as confidential. Notwithstanding the foregoing, BPCA, is obligated to disclose information consistent with the requirements of FOIL, NYS Public Officers Law Section 87 and, to the extent that BPCA: (a) receives a request under FOIL for a Proposal submitted pursuant to this RFP; and

(b) determines in its sole discretion that any information marked as confidential does not meet any of the exemptions contained in the applicable portions of the Public Officer’s Law, then BPCA will notify the Proposer of the information it intends to provide in response to the FOIL request and Proposer will have ten (10) business days to submit a written statement to BPCA explaining why such information should be exempt from disclosure under FOIL.

III. TIMETABLE & DESIGNATED CONTACT

A. Key Dates

Procurement Step Date RFP Issued Wednesday, July 29, Virtual Pre-Proposal Conference (Optional) (Firms must RSVP with the Designated Contact at least 24 hours prior to the pre-proposal meeting)

Wednesday, August 5, 2026 at 12:00pm

Deadline to Submit Questions to BPCA* Monday, August 10, 2026 by 4pm

BPCA’s Response to Substantive Questions Friday, August 14, 2026

Responses will be provided in the form of an addendum to be posted on BPCA’s website (https://bpca.ny.gov/apply/rfp-opp/)

PROPOSAL DUE DATE Friday, August 21, 2026 by 3:00 p.m. EST (the “Due Date”)

Contract Start Date Thursday, October 1, *All questions regarding this RFP should be submitted in writing via email to the “Designated Contact”: Justin Harper, BPCA’s Associate Contracting Officer, at justin.harper@bpca.ny.gov.

B. Anticipated Contract Term

The anticipated term of the Panels will be three (3) years (“Initial Panel Term”), with two (2) one-year renewal options, each being exercisable at the sole discretion of BPCA (“Extension Periods”).

Each firm appointed to Panel A and/or Panel B shall enter into a contract with BPCA for the applicable Panel term.

BPCA reserves the right to terminate the Contract at any time, with or without cause, in accordance with the terms of the Contract. BPCA’s sample form of contract is attached as Exhibit E.

IV. GENERAL REQUIREMENTS

C. Minimum Qualification Requirements

The following are the minimum qualification requirements for this RFP. Proposals that fail to meet these requirements will be rejected.

1) Proposer must have the ability to provide the services described in this RFP within New York City, including the ability to attend in-person meetings at BPCA offices as requested.

2) The Proposer must be lawfully authorized to do business in the State of New York.

3) Proposer or one of its partner or principals, must have demonstrated experience with:

(Panel A – Permanent Recruitment Firms) comprehensive search strategies and search processes for a wide range of roles across different business functions. Strong proven expertise in talent sourcing and pipeline identification across various sectors and industries. Experience leading a high level executive C-Suite search process with multiple internal stakeholders and potentially board volunteers that includes management of the entire recruitment campaign and related resources to secure the most qualified talent (position description, candidate summary details, market compensation data, interview methodology and candidate assessments). (Panel B – Temporary Staffing Firms) access to a robust candidate pool of readily available qualified talent for a wide range of roles across different business functions. Strong proven expertise in talent sourcing and pipeline identification across various sectors and industries. Management of related resources to secure the most qualified talent (candidate summary details, market compensation data, interview methodology and candidate assessments).

4) Proposer must hold and maintain any applicable license in order to do temporary or permanent hiring with an employer based in New York State/NYC.

5) Proposer must maintain compliance with all Federal and State rules, regulations and provisions that set standards for Recruiting and Temporary Staffing services.

D. MBE/WBE/SDVOB Participation, Joint Ventures, and Sub-contracting Goals

Contractor requirements and procedures for business participation opportunities for New York State certified MBEs/WBEs/SDVOBs and equal employment opportunity requirements relating to minority group members and women are attached as Exhibit C. For questions relating to MBE/WBE/SDVOB participation, joint ventures and sub-contracting goals only, please contact the “MBE/WBE/SDVOB Designated Contact” Zag Kimpolo at zag.kimpolo@bpca.ny.gov or 212-417-2339.

E. Restricted Period

New York State’s State Finance Law sections 139-j and 139-k apply to this RFP, restricting Proposers’ contacts with BPCA. Proposers are restricted from making any contact (defined as oral, written or electronic communications with BPCA under circumstances where a reasonable person would infer that a communication was intended to influence BPCA’s conduct or decision with respect to a procurement) relating to this RFP with anyone other than the Designated Contact, as specified in Section III.A., or MBE/WBE/SDVOB Designated Contact, as specified in Section IV.B., from the time of Proposer’s receipt of notice of this RFP through the date of the Final Award as defined in BPCA’s Procurement Guidelines (the “Restricted Period”). BPCA employees must record certain contacts during the Restricted Period, including, but not limited to, any oral or written communications that could reasonably be seen as intended to influence BPCA’s conduct or award of this RFP. Upon notice of an improper contact, BPCA shall make a determination regarding the Proposer’s eligibility to continue participating in this RFP.

F. Submission of Proposals

Proposals must be received by BPCA no later than the Proposal Due Date set forth above.

• Each Proposer must e-mail their Technical Proposal to the following e-mail address: technicalproposals@bpca.ny.gov

The Technical Proposal must be clearly labeled as “Technical Proposal Enclosed – Pre-Qualified Panel of Municipal Advisors RFP.”

• Each Proposer must also e-mail their Cost Proposal to the following e-mail address:

costproposals@bpca.ny.gov

The Cost Proposal must be separately attached and clearly labeled as “Cost Proposal Enclosed – Pre-Qualified Panel of Municipal Advisors RFP.”

• Each Proposer is responsible for the successful delivery and receipt of their Proposal. BPCA does not accept Proposals sent via messenger, overnight courier, or certified mail to BPCA offices. If a Proposer has already sent a Proposal via one of these methods, please e-mail the Proposal to the above e-mail address by the Due Date. If a Technical Proposal’s file size is too large to submit by e-mail, the Proposer must make alternate electronic accommodations (e.g., linking to a file sharing website), which shall also be transmitted through technicalproposals@bpca.ny.gov. Please contact the Designated Contact prior to the Due Date in order to ensure successful transmission of the documents prior to the Due Date.

• Proposals must arrive at the time and place specified herein. Please leave ample time for submission. Late Proposals, no matter the cause of their lateness, will NOT be accepted. Hard copy or faxed Proposals will NOT be accepted. A Proposer may, after submitting a Proposal, amend its Proposal by submitting an amended Proposal, clearly labeled “Amended Proposal – Pre-Qualified Panel of Municipal Advisors RFP,” as long as the amended Proposal is submitted by the Due Date.

V. PROPOSAL FORMAT AND CONTENTS

A. Proposal Format

The Proposal must:

• Be formatted to 8½” x 11” sized pages.

• Have numbered pages.

• Use a minimum font size of 10 point and,

• Be submitted in Adobe PDF, Microsoft Word or Excel format.

B. Proposal Content

In addition to the separately sealed Cost Proposal, described in Section VII below, each Proposal must include the following in the order listed, which shall comprise the Proposer’s Technical Proposal:

1) Executive Summary. Executive Summary may be no longer than two (2) single-sided pages.

2) Information Required and Completed Proposal Submission Packet, attached as Exhibit B.

3) Financial Statements: Provide a copy of your firm’s most recent Audited Financial Statements (within the last year) or where an audited financial statement is not available, the most recent tax return. In the event you do not have an audited financial statement, you must provide a statement to that effect and summary financial information for the calendar year most recently ended certified by an authorized officer.

4) Copies of the Proposer’s Internal Revenue Service (“IRS”) W9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf)

5) Appendices:

1. Attach professional biographies for all employees identified in your Proposal.

2. A detailed list identifying any and all exceptions taken to BPCA’s standard form of contract, attached as Exhibit E, explaining the reasons for such exceptions. Such exceptions must be detailed in an appendix to your Proposal labeled, “Appendix:

Objections to BPCA Form of Contract.” BPCA will consider any exceptions submitted in evaluating the Proposals but is under no obligation to accept them.

NOTE: EXCEPTIONS THAT ARE NOT SUBMITTED WITH THE

PROPOSAL WILL NOT BE CONSIDERED. BPCA will not accept any additional exceptions to the Contract after submission of the Proposals and reserves the right to reject Proposals based on non-conformance with the standard form of Contract.

BPCA reserves the right to reject any Proposals that fail to include any required item described in this Section V. B., or fail to include each of the above representations (including an appendix, if applicable).

VI. INSURANCE REQUIREMENTS

C. General Requirements

The total cost of the required insurance listed in paragraphs 2) and 3) below, must be incorporated into the Cost Proposal. The additional insured protection afforded BPCA, BPCPC, and the State of New York must be on a primary and non-contributory basis. All policies must include a waiver of subrogation in favor of BPCA, BPCPC, and the State of New York, no policies may contain any limitations / exclusions for New York Labor Law claims, and cross liability coverage must be provided for BPCA, BPCPC, and the State of New York.

All of the carriers that provide the below required insurance must be rated “A-:VII” or better by A.M.

Best and must provide direct written notice of cancellation or non-renewal to BPCA, BPCPC, and the

State of New York at least 30 days before such cancellation or non-renewal is effective, except for cancellations due to non-payment of premium, in which case 10 days written notice is acceptable.

D. Insurance Requirements for the Selected Proposer

The selected Proposer will be required to obtain and provide proof of the types and amounts of insurance listed below: (i) as a condition precedent to the award of the contract for the Project; and (ii) continuing throughout the entire Term. The insurance policies listed below must also conform to the applicable terms of the Contract, as shown in BPCA’s sample form of contract attached.

• Commercial General Liability Insurance, written on ISO Form CG 00 01 or its equivalent and with no modification to the contractual liability coverage provided therein, shall be provided on an occurrence basis and limits shall not be less than:

• $1,000,000 per occurrence

• $2,000,000 general aggregate, which must apply on a per location/per project basis

• $2,000,000 products/completed operations aggregate

BPCA, BPCPC, and the State of New York must be protected as additional insureds on ISO Form CG 2010 (11/85) or its equivalent on policies held by the selected Proposer and any of its subconsultants.

Securing the required limits via a combination of primary and umbrella/excess liability policies is allowed.

• Automobile Liability Insurance with a combined single limit of not less than $1,000,000.

Coverage must apply to the Proposer’s owned, hired, and non-owned vehicles and protect BPCA, BPCPC, and the State of New York as additional insured.

• Workers’ Compensation, Employer’s Liability, and Disability Benefits shall not be less than statutory limits, including United States Longshore and Harbor Workers Act coverage as applicable to the operations of the Proposer.

• Professional Liability (“Errors & Omissions”) Insurance must be maintained at a limit of not less than $3,000,000 each claim.

• Data Breach and Privacy/Cyber Liability: insurance shall be maintained with a limit of not less than $1,000,000

If policy or policies are written on a claims-made basis, coverage must be in place for a period of at least 12 months after the completion or termination of the Agreement.

Certificates of Insurance and Additional Insured Endorsements reflecting applicable limits, sub limits, self-insured retention or deductibles will be provided to BPCA. BPCA will be named as an Additional Insured and will be provided with a waiver of subrogation by endorsement to the required Cyber Liability policy. All insurance carrier(s) must carry an A.M. Best rating of at least A-, Class VIII.

E. Insurance Requirements for all Subcontractors

Any subconsultant(s) utilized by the selected Proposer will be required to obtain the types and amounts of insurance listed below: (i) as a condition of commencing any Work; and (ii) continuing throughout the duration of the subconsultant’s Work. The insurance policies listed below must also conform to the applicable terms of the Contract, as shown in BPCA’s sample form of contract attached:

• Commercial General Liability Insurance, written on ISO Form CG 00 01 or its equivalent and with no modification to the contractual liability coverage provided therein, shall be provided on an occurrence basis and limits shall not be less than:

• $1,000,000 per occurrence

• $2,000,000 general aggregate which must apply on a per location / per project basis

• $2,000,000 products/completed operations aggregate

BPCA, BPCPC, and the State of New York must be protected as additional insureds on ISO Form CG 2010 (11/85) or its equivalent on policies held by all subconsultants. Securing the required limits via a combination of primary and umbrella/excess liability policies is allowed.

• Automobile Liability Insurance with a combined single limit of not less than $1,000,000.

Coverage must apply to the subcontractor’s owned, hired, and non-owned vehicles and protect BPCA, BPCPC, and the State of New York as additional insured.

• Workers’ Compensation, Employer’s Liability, and Disability Benefits shall not be less than statutory limits, including United States Longshore and Harbor Workers Act coverage as applicable to the operations of the subcontractor.

• Subconsultants will also be required to obtain all other insurances listed in Section (2) unless otherwise approved in writing by BPCA prior to commencement of any Subconsultant’s work.

VII. COST PROPOSAL: FORMAT AND REQUIRED INCLUSIONS

Each Proposer shall submit a separate Cost Proposal identifying the Panel(s) for which it is submitting pricing.

Proposers submitting proposals for both Panel A and Panel B shall complete the applicable pricing forms for each Panel.

The Cost Proposal shall be prepared using the forms included in Exhibit F – Cost Proposal Forms.

The rates and fees proposed in the Cost Proposal shall constitute the Proposer's maximum rates during the Initial Panel Term. BPCA reserves the right to seek additional price competition among Panel Firms at the Task Order level. Pricing for any Task Order shall not exceed the maximum rates set forth in the Proposer's Cost Proposal unless otherwise approved by BPCA through a written contract amendment.

All pricing submitted shall remain firm throughout the Initial Panel Term. Proposers may identify proposed pricing adjustments for each Extension Period in the applicable Cost Proposal

Form. If no adjustments are proposed, the Initial Panel Term pricing shall remain in effect during any Extension Period exercised by BPCA.

VIII. SELECTION PROCESS

A. Evaluation

Each timely submitted Proposal will be reviewed for compliance with the form and content requirements of this RFP. A committee of BPCA employees selected by BPCA (the “Committee”) will then review and evaluate the Proposals in accordance with the evaluation criteria set forth below.

While only Committee members will score the evaluation criteria, the Committee may consult an outside expert for advisement on the evaluation of matters requiring technical expertise. Before final selection, BPCA must determine that the proposed selected Proposer is responsible, in accordance with applicable law and BPCA’s Procurement Guidelines, which may be viewed at:

http://bpca.ny.gov/public-information/.

B. Interviews

BPCA reserves the right to decide whether to interview any or all of the Proposers. The Committee may conduct in-person interviews for many reasons, including to further assess a Proposer’s ability to perform the Work or provide specific services, or to seek information related to any other evaluation criteria. The proposed Lead PM, as well as all other key personnel proposed to perform the Work, must be available to participate in the interview.

C. Evaluation Criteria for Selection

Selection will be based upon the following criteria:

1) Technical Evaluation:

Evaluation Criteria A) Demonstrated relevant experience with public sector entities, including familiarity with New York State agencies and authorities (e.g. knowledge of BPCA or similar entities)

20%

B) Demonstrated technical experience and qualifications related to the Work, including recruiting and temporary staffing services

40%

C) Experience and expertise of team members and proposal quality 30%

D) NYS Certified MWBEs and SDVOBs get 10% as part of diversity score 10%

2) Cost Proposal evaluation.

D. Basis for Selection for the Panel

BPCA may apply additional criteria to determine the successful Proposer for each specific task order issued to panel firms based on the needs of each individual assignment. These criteria may include, but are not limited to, project specific considerations, negotiations, evaluation criteria, and Diversity goals.

Once awarded, Contracts for each member of the panel will be active for three years and may each be extended for up to two additional one-year terms. Nothing contained herein shall be deemed to guarantee that all, or any, panel firms will receive either of the two one-year extension options.

The Authority intends to select one or more of the highest technically rated Proposers for inclusion in the panel, whose Proposals, are determined to be responsive and in the best interests of BPCA, subject to a determination that the related Cost Proposal is fair, reasonable, and provides the best value to BPCA given the anticipated services. No specific task orders will be issued as part of this RFP. Task orders, if any, will be issued at a later date to selected panel firms based on project-specific needs, at which time project-specific factors, including pricing, will be evaluated to determine best value.

A Firm that has been selected to participate in the panel may be removed from the panel during the term of the Contract at the sole discretion of BPCA. Selection of a firm for either panel does not guarantee that a firm will receive a task order during the term of the contract.

E. Material Change

All Firms selected for the panel are required to promptly notify BPCA of a consequential change in any operational and/or financial condition (“Material Change”), within three (3) weeks of occurrence, throughout the term of the Contract. Material Change includes any of the following:

1. An addition or removal or any staff identified in RFP Proposal;

2. Any legal action brought against the Proposer subsequent to the initial disclosure provided in the Proposal; and

3. Failure to continue to meet the minimum requirements listed under Section IV.A.

Notification of Material Changes are to be sent to:

Battery Park City Authority Office of the Chief Financial Officer 200 Liberty Street, 24th floor New York, NY 10281

IX. NON-COLLUSION

By submitting a Proposal, each Proposer warrants and represents that any ensuing Contract has not been solicited or secured directly or indirectly in a manner contrary to the laws of the State of New York, and that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of the Contract by any conduct, including the paying or giving of any fee, commission, compensation, gift, or gratuity or consideration of any kind, directly or indirectly, to any member of the board of directors, employee, officer or official of BPCA.

X. IRAN DIVESTMENT ACT

By submitting a Proposal or by assuming the responsibility of any Contract awarded hereunder, each Proposer certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers.

Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the New York State Office of General Services website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize any subcontractor/consultant that is identified on the Prohibited Entities List on this Contract. The selected

Proposer agrees that should it seek to renew or extend any Contract awarded hereunder, it must provide the same certification at the time the Contract is renewed or extended. The selected Proposer also agrees that any proposed assignee of the Contract will be required to certify that it is not on the Prohibited Entities List before BPCA may approve a request for assignment of the Contract.

During the term of any Contract awarded hereunder, should BPCA receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, BPCA will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the New York State Iran Divestment Act of 2012 within 90 days after the determination of such violation, then BPCA shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the selected Proposer in default of the awarded Contract.

BPCA reserves the right to reject any request for renewal, extension, or assignment for an entity that appears on the Prohibited Entities List prior to the renewal, extension, or assignment of the Contract, and to pursue a responsibility review with the selected Proposer should it appear on the Prohibited Entities List hereafter.

XI. EXECUTIVE ORDER 16

Pursuant to Executive Order 16 dated March 17, 2022, all State agencies and authorities are prohibited from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia. As part of this RFP, each firm is required to certify that the firm is not an ‘entity conducting business operations in Russia.’ Certification under Executive Order No. 16 can be found in section XV of Exhibit B: Proposal Submission Packet.

A-1

EXHIBIT A

(Scope of Work)

The Battery Park City Authority (the “Authority”) is seeking to establish two (2) pre-qualified panels of firms to support the Authority’s workforce needs.

• Panel A – Permanent Recruitment Firms (“Permanent Firms”) to provide executive search and permanent placement services; and

• Panel B – Temporary Staffing Firms (“Temp Firms”) to provide temporary staffing services.

Firms may submit proposals for Panel A, Panel B, or both panels. If selected a firm may be appointed to one or both panels.

These firms will assist the Authority in filling permanent vacancies and providing temporary staffing support based on the needs of the Authority across a variety of functional areas, including but not limited to: office operations, finance, technology, communications, legal, design & construction, human resources, parks operations, and parks programming. BPCA will issue individualized task orders (each, a “Task Order”) which will explain the position(s) and/or needs which must be met by the permanent or temporary staffing which empaneled firms must respond to in order to be eligible for consideration to receive Work hereunder.

A. Panel A - Permanent Recruitment Firms

Permanent Firms will work closely with the Authority to identify, source, and connect it with candidates who are best suited to fill full-time positions. Candidates will be evaluated and presented based on their ability to perform the required services and meet the qualifications for each role.

1. Selection of Full-Time Candidates

If awarded a Task Order, the selected Permanent Firm(s) (hereafter, the “Consultant”) shall provide the following recruitment services, including but not limited to:

• Develop and execute a comprehensive recruitment plan and timeline per vacancy that includes targeted outreach and sourcing strategies, screening processes, reference checks, and offer negotiations.

• Provide the Authority with not less than three (3) resumes of qualified and available candidates capable of filling the applicable vacancy within five (5) business days of award of a Task Order. The Authority shall review the resumes provided and promptly advise the Consultant of its intent to interview one, multiple, or none of the candidates identified.

• Work closely with the Authority to schedule interviews with any candidates approved by BPCA and assist with any and all administrative functions required to onboard any candidates selected by the Authority. In the event the Authority determines that none of the identified candidates are suitable to fill the applicable vacancy, it may, in its discretion, meet with the Consultant to attempt to identify additional resumes or it may solicit resumes from another Permanent Firm pursuant to a separate Task Order.

Nothing contained herein shall guarantee that the Authority will select any candidate(s) from any specific Consultant.

• Prepare and present a confidential reference report on each finalist candidate.

• Conduct reference checks of two to three professional references provided by the prospective candidates(s) prior to the extension of a conditional offer of employment.

A-2

• Extend verbal conditional offer of employment.

• If the Consultant places a candidate for any of the Positions who then resigns from or otherwise vacates the Position within twelve months from their start date, the Consultant will again provide the Work as required to identify and hire a new candidate for that Position without any additional cost.

• Compile search documentation and prepare a final written summary of all work performed.

• Maintain all correspondence and record-keeping throughout the process.

2. Confidentiality

All Consultants shall be required at all times to maintain the confidentiality of Authority data, records and materials used or otherwise learned during the term of their engagement under this Agreement.

B. Panel B – Temporary Staffing Firms

Temp Firms will work closely with the Authority to connect it with temporary employees who are best suited to fill particular roles at any point during the Agreement. Temporary employees will be available to perform the required services for the duration to be specified in each Task Order.

1. Selection of Temporary Candidates

The selected Temp Firm(s) shall:

• Provide the Authority with not less than three (3) resumes of qualified and available temporary candidates capable of performing the required job duties within three business (3) days of award of a Task Order. The Authority may request additional candidates from any Temp Firm as necessary. The Authority shall review the resumes provided and promptly advise the applicable Temp Firm of its intent to interview one, multiple, or none of the temporary candidates identified.

• In the event the Authority has an urgent need to fill a temporary position it will issue an emergency task order at its discretion and temp panelists should respond with 2 hours from the time of issuance.

• Work closely with the Authority to schedule interviews with temporary candidates and will assist with any and all administrative functions required to onboard any temporary employee(s) selected by the Authority. In the event the Authority determines that none of the identified temporary candidates are suitable to perform the services, it may, in its discretion, meet with the Temp Firm to attempt to identify additional resumes or it may solicit resumes from another Temp Firm pursuant to a separate Task Order.

Nothing contained herein shall guarantee that the Authority will select any temporary candidates from the particular Temp Firm.

2. Temporary Candidates as Employees of the Temp Firm

Upon selection of a temporary candidate from Temp Firm, the temporary employee will commence work at the Authority’s offices, currently located at 200 Liberty Street or 75 Battery Place in Manhattan. Temporary employees working out of the Authority’s offices shall be subject to the Authority’s rules and policies with respect to workplace behavior, time and attendance and other requirements as they apply to the Authority’s own employees. Notwithstanding the foregoing, temporary employees shall at all times be

A-3 and remain employees of the Temp Firm and not the Authority. In the event any temporary employee retained under this Agreement ceases to be employed by the Temp Firm at any time, the Temp Firm shall immediately notify the Authority and the temporary employee shall no longer be permitted to perform any work for the Authority under this Agreement.

In the event that the Authority determines, at any point, that a temporary employee should no longer be performing any work for which the employee was retained, it shall promptly notify Temp Firm and the Temp Firm shall ensure that such temporary employee is immediately removed from all Authority projects.

As temporary employees are employees of the Temp Firm and not the Authority, any such removal shall not be considered a termination of employment and Temp Firm shall be responsible for ensuring that no action may be brought by any temporary employee against the Authority as a result.

3. Confidentiality

All temporary employees shall be required at all times to maintain the confidentiality of Authority data, records and materials used or otherwise learned during the term of their engagement under this Agreement.

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EXHIBIT B

(Proposal Submission Packet)

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I. PROPOSAL SUBMISSION CHECKLIST AND CONFIRMATION STATEMENT

[ ] The Proposer hereby certifies that they meet the Minimum Qualification Requirements as stated in Section IV.A of the RFP.

[ ] The Proposer hereby certifies that except as disclosed in the Proposal, no officer or employee of the Proposer is directly or indirectly a party to or in any other manner interested financially or otherwise in this RFP.

[ ] The Proposer hereby certifies that they have reviewed BPCA’s form of contract, attached as Exhibit E to the RFP, and either has no objections or has detailed their objections in an appendix to their Proposal.

[ ] The Proposer hereby certifies that they possess the experience, ability, resources and financial standing to perform the Services and shall, upon request by the Authority, provide documentation of such.

[ ] The Proposer hereby certifies that their Proposal submitted for Municipal Advisory Services RFP includes the following required documents and forms, or that, where any required form or document may not be included, a written explanation has been provided for that omission:

1. Forms & Items included in this Exhibit:

[ ] This Checklist [ ] Answers to “Information Required” [ ] Vendor Responsibility Questionnaire / Certificate of No Change [ ] Statement of Non-Collusion [ ] Affirmation of Understanding of and Agreement Pursuant to State Finance Law §139-j(3) and §139-j(6)(b) [ ] Certification of Compliance with New York State Finance Law §139-k(5) [ ] Disclosure of Prior Non-Responsibility Determinations [ ] Encouraging the Use of New York State Businesses Statement [ ] Acknowledgement of Addenda Form [ ] MWBE Utilization Plan [ ] SDVOB Utilization Plan [ ] Minority and Women Owned Business Enterprises And Equal Employment Opportunity Policy Statement [ ] Executive Order 16 Certification [ ] Gender-Based Violence and the Workplace Certification

2. Additional Required Documents

[ ] Executive Summary [ ] Copy of the Proposer’s IRS Form W-9 (https://www.irs.gov/pub/irs-pdf/fw9.pdf) [ ] Copy of the Proposer’s financial statements per section V.B.4 [ ] Copies of appendices listed in section V.B.6.1-3

Name of Proposer:

Officer Name:

Officer Title: ________________________________ (Signature of Officer)

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II. INFORMATION REQUIRED

The information requested in Sections A and B below is mandatory, and your Proposal shall be rejected as non-responsive if it does not contain responses to these questions. Answers may be written in the space provided, or included on separate pages, as part of the Proposal.

A. Minimum Qualifications - Provide an itemized and brief narrative demonstrating how the Proposer meets each of the minimum qualification requirements set forth in Section IV.A. of the RFP. Any projects identified must include the project title, a brief description of the scope of work, start date, end date (if applicable), location, and project owner or client

B. Questions and Information Sought Relating to the Work

1) Describe your firm’s background, services, size, expertise, and history and its primary role in providing temporary and/or permanent recruitment support, relevant to the Work and potential assignments under a panel structure.

2) List each key member of the team you intend to assign to this engagement and include for each listed individual: (a) area(s) of specialization; (b) title and/or position within your firm; (c) the services to be performed, (d) the role supporting BPCA in the services anticipated under this panel.

Outline the number of active clients being covered that are currently assigned to each team member and the expected percentage of their time available to complete the Work in the next 12 months. Provide each client name (or deal name if confidential) and expected time needed to support their requirements. This can be provided on a monthly or annual timeframe and will be used to gauge availability.

3) Identify the person who will be the lead project manager (the “Lead PM”) and primary contact in providing services to BPCA, and any other persons who will be listed as a “key person” in any contract with BPCA. Provide a description of the expertise and qualifications of these professionals, including brief summaries of relevant experience, highlighting their State of New York experience, where applicable.

4) Describe your proposed approach and methodology for providing temporary and permanent recruitment services, with an emphasis on New York State public entities. Explain your leadership in driving the provision of services in partnership with the client. Describe a high level timeline of deliverables during a search process.

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5) Describe your firm’s experience and qualifications as it relates to the Work for public sector entities similar to BPCA or other New York State public entities. Highlight any particular areas of expertise that have not been addressed elsewhere in the proposal. Include experience performing services on an as needed or work order basis, if applicable.

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6) Clearly identify any information in your Proposal that you believe to be confidential and exempt from FOIL, and state the reasons. Please note that this question is for informational purposes only, and BPCA will determine, in its sole discretion, whether requested documents are exempt from disclosure under

FOIL.

7) Identify any and all exceptions taken to BPCA’s standard form of contract, attached as Exhibit E, explaining the reasons for such exceptions. Such exceptions must be detailed in an appendix to your Proposal labeled, “Appendix: Objections to BPCA Form of Contract.” No exceptions to the Contract will be considered by BPCA after submission of the Proposals. BPCA maintains the right to reject Proposals based on non-conformance with the standard form of Contract.

8) Provide three (3) client references demonstrating performance on comparable engagements for which your firm performed during the past twenty-four (24) months, with particular emphasis on clients most similar to BPCA. For each client, describe the project, the project’s date, and services performed, and provide the name, address, and telephone number for a key person at client’s firm familiar with such work.

C. Questions and Information Sought Relating to Proposer’s Firm & Eligibility

9) Within the past three (3) years, have there been any significant developments in your firm such as changes in ownership or restructuring? Do you anticipate any significant changes in the near future? If so, please describe.

10) How does your firm identify and manage conflicts of interest?

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11) Are there any potential conflict of interest issues posed by your firm’s performance of the Work on behalf of BPCA?

12) Has your firm or have any of the firm’s partners/employees been disciplined or censured by any regulatory body within the last five (5) years? Has your firm and/or any of its principals, or principal subsidiaries or affiliates, been the subject of any investigation relating to the municipal securities industry or any other State or Federal organization that has oversight, regulates or licenses or is otherwise responsible for the municipal securities industry? If so, please describe the relevant facts.

13) Within the last five (5) years, has your firm, or a partner or employee in your firm, been involved in litigation, arbitration, disciplinary or other legal proceedings arising from the firm’s municipal advisory services, management or handling of municipal securities? If so, please provide an explanation and the current status or disposition of the matter.

14) List any professional or personal relationships your firm’s partners/employees have or may have with BPCA’s Board Members and/or employees, a list of which is attached as Exhibit D.

15) If selected, will your firm assign any person to this engagement who was previously an employee of BPCA or BPCPC? If so, please: i) identify when (month and year) that person’s employment at BPCA/BPCPC terminated, and ii) describe that person’s involvement, if any, with matters related to this RFP during his/her employment at BPCA/BPCPC.

16) In the past five (5) years, have any public sector clients terminated their working relationship with your firm? If so, please provide a brief statement of the reasons. Provide the name of the client and provide a contact person, address and telephone number.

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III. VENDOR RESPONSIBILITY QUESTIONNAIRE

A. Instructions:

The Standard Vendor Responsibility Form should be filled out by someone in your firm who knows about tax filings, prior findings of non-responsibility by a governmental authority, etc., and can certify the accuracy of all information requested in the form (such as legal status, tax status, and debarment status).

You must answer every question in the questionnaire.

NOTE: You may fill out the “Certificate of No Change” form instead ONLY if your firm has submitted the Vendor Responsibility form to Battery Park City Authority already during this calendar year. If this is the first time your firm is proposing to do work for the Battery Park City Authority this year, then you must fill out the entire Vendor Responsibility Questionnaire.

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B. Standard Vendor Responsibility Questionnaire

a. Legal Business Name:

b. Federal Employer Id No.

(FEIN):

c. D/B/A – Doing Business As (if applicable):

County Filed:

d. Website Address (If Applicable)

e. Principal Place of Business Address:

f. Telephone:

g. Fax (If Applicable):

h. Authorized Contact for this Questionnaire:

i. Name:

ii. Title:

iii. Telephone:

iv. Email:

i. Type Of Business (please check appropriate box and provide additional information)

◻ Corporation (Sole Proprietor).

State of Incorporation:

◻ Corporation (General Partnership).

State of Incorporation:

◻ Corporation (Not-For-Profit).

Charities Registration Number:

◻Corporation (Limited Liability Company/LLC).

Jurisdiction Filed In: ◻Corporation (Limited Partnership).

State/County filed in:

◻ Individual ◻ Other – Specify:

j. If not incorporated or formed in New York State, please provide a current

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Certificate of Good Standing from your state or applicable local jurisdiction.

k. List the name and title of each principal owner, officer, major stockholder (10% or more of the voting shares for publicly traded companies, 25% or more of the shares for all other companies), director, and member, as applicable:

l. Authorized Contact for the Proposed Contract:

i.Name:

ii.Title:

iii.Telephone:

iv.Email:

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Vendor Name: Vendor FEIN:

C. Does the vendor use, or has it used in the past five (5) years, any other business name, FEIN, or D/B/A other than what is listed in question a-c above?

If yes, please provide the name(s), FEIN(s), and D/B/A(s) and the address for each such company and D/B/A on a separate page and attach to this response.

Yes ◻ No◻

D. Within the past five (5) years, has the vendor, any principal, owner, officer, major stockholder (10% or more of the voting shares for publicly traded companies, 25% or more of the shares for all other companies), affiliate1 or any person involved in the bidding, contracting or leasing process been the subject of any of the following:

a. a judgment or conviction for any business related conduct constituting a crime under federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct?

b. a criminal investigation or indictment for any business related conduct constituting a crime under federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct?

c. an unsatisfied judgment, injunction or lien for any business related conduct obtained by any federal, state or local government agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any federal, state or local government agency?

d. an investigation for a civil or criminal violation for any business related conduct by any federal, state or local agency?

e. a grant of immunity for any business-related conduct constituting a crime under federal, state or local governmental law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing, bid collusion or any crime related to truthfulness and/or business conduct?

1"Affiliate" meaning: (a) any entity in which the vendor owns more than 50% of the voting stock; (b) any individual, entity or group of principal owners or officers who own more than 50% of the voting stock of the vendor; or (c) any entity whose voting stock is more than 50% owned by the same individual, entity or group described in clause (b). In addition, if a vendor owns less than 50% of the voting stock of another entity, but directs or has the right to direct such entity’s daily operations, that entity will be an “affiliate” for purposes of this questionnaire.

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f. a federal, state or local government suspension or debarment from the contracting process?

g. a federal, state or local government contract suspension or termination for cause prior to the completion of the term of a contract?

h. a federal, state or local government denial of a lease or contract award for non-responsibility?

i. an administrative proceeding or civil action seeking specific performance or restitution in connection with any federal, state or local contract or lease?

j. a federal, state or local determination of a willful violation of any public works or labor law or regulation?

k. a sanction imposed as a result of judicial or administrative proceedings relative to any business or professional license?

l. a consent order with the New York State Department of Environmental Conservation, or a federal, state or local government…