§ 28-03 Selection of Community Groups.
RCNY § 28-03
(a)General. This 28 RCNY § 28-03 sets forth standards for the selection of community groups to receive syndication funds for projects. Such determinations shall be made by the agency, in accordance with the standards set forth herein, for the purposes of (i) ascertaining whether a community group meets the requirements of the program and has the ability to perform the project, and (ii) furthering the best interests of the city. The agency may select a community group to receive syndication funds by any method permitted by law which it determines will best meet the program's objectives, including, but not limited to, sole source, application, RFP, selection by a process mandated by an entity other than the agency, and selection by an entity other than the agency.
(b)Grandfathered selection. Notwithstanding any provision of these rules to the contrary, the agency may select: (1) Any community group which was the co-sponsor of a development; or (2) Any community group with which it began to negotiate before the date upon which the guidelines ceased to be effective; or (3) Any community group which was selected by a developer in accordance with an agreement prior to the agency's use of EDA's as if, and to the same extent as if, such community group had been selected by the agency pursuant to these rules.
(c)Sole source. Where the agency deems it to be necessary or desirable, a community group may be selected to receive syndication funds without any competitive process. In such event, the agency shall, prior to taking any action with respect to disbursement of such syndication funds, prepare a written statement signed by the commissioner setting forth the reasons why a more competitive process was not appropriate or desirable. Such statement shall thereafter be placed with the records concerning the project which are retained by the agency and shall be kept on file in accordance with the agency's usual record retention procedures.
(d)Application. Where and at such time as the agency deems it to be necessary or desirable, a community group may be selected via an application process.
(1)Distribution.
(i)Notice. At such time as the agency commences an application process for selection of one or more community groups, the agency shall place advertisements in The City Record and such other publications as the agency shall deem appropriate. The advertisement shall include, at a minimum, a short description of the program, the availability of syndication funds, any required or suggested project, the place where application forms can be obtained and the deadline for submission of applications.
(ii)Application forms. The agency or its designee shall prepare or cause to be prepared the forms upon which application are to be submitted, which forms may require such information as the agency deems to be necessary or desirable to effectuate the purposes of the program. Application forms shall be made available by the agency to all potential applicants.
(iii)Amendments. The agency may change any aspect of the information set forth in the advertisement at any time. The agency shall amend the advertisement accordingly and shall place such amended advertisement in The City Record, the publications in which the original advertisement appeared, and such other publications as the agency shall deem appropriate. If it is infeasible for the agency to publish the amended advertisement in the publications in which the original advertisement appeared, the agency shall endeavor to provide substantially the same type of notice as was provided with respect to the original advertisement. The agency may also mail copies of such amended advertisement to potential applicants who have done prior business with the agency or who have requested to be on a mailing list for such purpose. Notwithstanding the foregoing, an application process may be terminated by the agency at any time without advertisement.
(2)Submissions.
(3)Selection.
(4)Limitations.
(5)Rights retained by agency. Where it is deemed by the agency to be in the best interests of the city: (i) The agency may terminate any application process in whole or in part at any time.
(iv)The agency may negotiate with applicants and may negotiate with parties which have not submitted applications.
(v)The agency may negotiate on terms other than those set forth in the advertisement.
(e)RFP. Where the agency deems it to be feasible and desirable, a community group may be selected to receive syndication funds via an RFP. The RFP shall state that it is the type of selection process which the agency deems appropriate and shall describe the program, the availability of syndication funds, any required or suggested project(s), the selection process, and such other matters as the agency deems to be relevant. Where a potential community group has previously submitted a proposal and the agency has issued an RFP soliciting additional proposals to compete with such proposal, such RFP shall contain a copy or summary of such proposal and shall set forth in detail the standards by which the competition shall be judged.
(6)Limitations.
(7)Rights retained by agency. Where it is deemed by the agency to be in the best interests of the city: (i) The agency may withdraw any RFP in whole or in part prior to conditional designation of a community group.
(f)Non-agency selection. The agency may select an applicant to be a community group without any agency selection process where such applicant has already been selected or designated by (i) another agency or instrumentality of the city, (ii) any agency or instrumentality of the state or federal government, (iii) any public authority, public benefit corporation, or other quasi-governmental entity, (iv) a developer pursuant to an agreement, or (v) any other entity designated by the agency to perform such selection. Notwithstanding anything to the contrary in the preceding sentence or elsewhere in these rules, the agency shall only select a community group pursuant to this 28 RCNY § 28-03(f) where the agency deems such method of selection to be necessary or desirable, and the agency shall not be required to select any applicant solely because such applicant has been selected by any other entity.
(g)Non-agency process. The agency may select a community group by a process not set forth in these rules where funding for the project is provided by, and/or the alternative selection process is mandated by, either (i) another agency or instrumentality of the city, (ii) any agency or instrumentality of the state or federal government, (iii) any public authority, public benefit corporation, or other quasi-governmental entity, (iv) a developer pursuant to an agreement, or (v) any other entity designated by the agency to perform such selection. Notwithstanding anything to the contrary in the preceding sentence or elsewhere in these rules, the agency shall only select a community group pursuant to this 28 RCNY § 28-03(g) where the agency deems such method of selection to be necessary or desirable, and the agency shall not be required to utilize any selection process solely because such selection process has been mandated by any other entity.
