NOTE: ANY EVENT MAY BE CANCELLED DUE TO COVID-19 RESTRICTIONS OR STATE / CITY MANDATES ISSUED BY THE GOVERNOR OR MAYOR.

If you have any questions, email [email protected].

Overview

Pursuant to a concession agreement entered into by the New York City Economic Development Corporation (“NYCEDC”) and the New York City Department of Transportation (“NYCDOT”), in 2020, NYCEDC is excited to offer the outdoor space on Humboldt Plaza, located on Humboldt Street between Moore Street and Varet Street (“Humboldt Plaza”), and immediately adjacent to the entrance of Moore Street Retail Market (the “Market”), for activation with pop-up retail markets, community programming, and other uses that contribute to the vibrant neighborhood landscape and traffic to the Market.

We are seeking merchants, artists, food purveyors, small businesses, local groups and/or other applicants who are interested in participating in or planning retail markets or events on Humboldt Plaza. We welcome applications from both:

• Merchants who would like to take table/stall space on Humboldt Plaza and sell food or goods (these users are referred to in this Application as “Plaza Merchants”)
• Candidates who want to offer longer-term programming, such as a series of community events or organizing a farmers' market (these users are referred to in this Application as “Program Organizers”)

Selected applicants will enter into an agreement with NYCEDC governing their use of Humboldt Plaza and the services that they will provide there. Please note that there may be fees associated with the use of Humboldt Plaza, which will be discussed with applicants before participation in any retail markets or events. Applicants will need to carry insurance, although NYCEDC may be able to offer TULIP (Tenants' and Users' Liability Insurance Policy) coverage for purchase to those applicants who do not have the requisite coverage. Additionally, selected applicants will be required to indemnify and hold harmless NYCEDC and the City and its officials and employees with respect to any operation on Humboldt Plaza.

Selection Criteria

NYCEDC and the City of New York will select applicants for participation in future retail markets and events on Humboldt Plaza based on the following criteria:

• Market and Neighborhood Culture – the applicant offers services, good, or programming that complements Moore Street Retail Market’s and the neighborhood’s history and promotes the ethnic and cultural mix of the surrounding community
• Community Engagement – the applicant has engaged or will engage the local community
• Market Demand – the applicant will complement the current Market offerings and will offer services, goods, or programming that will drive traffic to the Market and support the growth and success of not just the candidate’s business but of all businesses at the Market
• Customer Appeal – will applicant attract a diverse customer base?
• Owner's Involvement – will there be a responsible operator on the ground at events?

Additional Selection Criteria Specific to Program Organizers

• Financial Capacity – is the programming fully funded?
• Feasibility – is what the applicant proposing a reasonable and achievable goal, with realistic requests for space required, equipment, and/or supporting logistics?

The selection criteria will be weighted as follows:

RFP Application Procedures

Questions and Clarifications

If you have any questions or request clarification, please submit your proposal questions and/or requests for clarifications by email to: [email protected].

Answers to all questions and requests for clarifications will be posted on publicmarkets.nyc/humboldt-plaza-application within five (5) business days of the receipt of the questions and requests for clarification.

Time for Submission of Applications

Proposers may submit proposal applications for this RFP at any time through December 31, 2021.

Selection of Applicants

NYCEDC shall be selecting Plaza Merchants and Program Organizers and other proposers to participate in retail sales and retail markets, and programming at Humboldt Plaza on a rolling basis and responses to proposals shall be within twenty (20) business days following the receipt of the completed proposal application at any time through December 31, 2021.

Submission of the RFP proposal Application

Follow the directions provided in this RFP above, fill in the applicable information, provide the appropriate documentation, details, descriptions, and check/select the options from the input “windows” and “pull down menus” provided above and click Submit.

Applicants are Responsible for Following up with On-Going Reviews of this Humboldt Plaza RFP Website

Continuously visit this RFP Website at publicmarkets.nyc/humboldt-plaza-application for updates, notices, answers to questions, responses to requests for clarification, and Addenda, and additional information.

Terms and Conditions

The deadline for submissions of applications is December 31, 2021, and NYCEDC shall be selecting Plaza Merchants and Program Organizers to participate in retail sales and retail markets and programming at Humboldt Plaza on a rolling basis for participation in a variety of events and programming to be conducted from April 12, 2021 through December 31, 2022.

NYCEDC has been designated as a “Plaza Partner” by NYCDOT and has entered into a Concession License Agreement (the “License Agreement”) governing the use and requirements related to Humboldt Plaza, which is a pedestrian plaza designated by NYCDOT.

This application process serves as a Request for Proposals for participation by Plaza Merchants to be “Market Concession Attendants” and Program Organizers to operate “Subconcession(s)”, each as defined in and in accordance with the terms of the License Agreement.

The License Agreement provides for the operation and management of Humboldt Plaza; and maintenance and/or repair of certain amenities installed within Humboldt Plaza.

The License Agreement allows for, among other things, the operation and management of subconcession(s), where no leasehold or other proprietary rights are offered. NYCEDC will make copies of the License Agreement available to any applicant who wishes to review it in its entirety.

NYCEDC is responsible for the maintenance and/or repair of certain amenities within Humboldt Plaza. Such maintenance services include but are not be limited to cleaning and trash removal, snow removal (walkways), landscape maintenance, and repairs.

All selected Plaza Merchants and/or Program Organizers shall:
(a) maintain adequate systems of internal control and keep complete and accurate records, books of account and data, which may be electronic records, including electronic daily sales and receipts records, which shall show in detail the total business transacted by the entity on Humboldt Plaza in accordance with generally accepted accounting practices and by clearly segregating gross revenues received from or attributable to operation of business on Humboldt Plaza from the entity’s other revenues; (b) submit monthly financial statements to NYCEDC; and (c) at the end of the period, provide to or make available for examination complete copies of such books and records indicating the gross revenues during the period to NYCEDC, NYCDOT, the Comptroller of the City of New York and other duly authorized representatives of the City of New York.

A respondent submitting an application may be rejected if it or, if the applicant is a business entity, any of its shareholders, officers, directors, partners or members (“Principals”) is determined, in the City’s or NYCEDC’s sole discretion, to be within a category of persons or entities with whom or which the City or NYCEDC will not generally do business. Respondent and all officers and Principals thereof may be required to complete a background questionnaire and may be subject to investigation by NYCEDC and the City’s Department of Investigation. Any designation may be revoked in the City’s or NYCEDC’s sole discretion in the event any derogatory information is revealed by such investigation.

NYCEDC reserves the right to waive, modify or amend any terms, conditions or provisions of this application, with or without notice, to require supplemental statements and information from any applicant, to establish additional terms and conditions, to require an applicant to modify and cure its application if it is non-responsive or if it does not otherwise comply with one or more requirements of the application, to request an applicant make changes to an application, to entertain modifications or additions to selected applications, to encourage applicants to work together, or to reject any or all applicants, if in its judgment it is in the best interest of NYCEDC and the City to do so. In all cases, NYCEDC, conferring with NYCDOT, shall be the sole judge of the acceptability of the applications. All applications shall become the property of NYCEDC upon submission.

Neither NYCEDC nor the City is obligated to pay and shall not pay any costs incurred by any applicant at any time unless NYCEDC or the City has expressly agreed to do so in writing.

NYCEDC will review all applications for completeness and compliance with the terms and conditions hereof. NYCEDC reserves the right to request additional materials, including those it may deem useful or appropriate to evaluate each applicant’s qualifications and past experience, or clarification or modification of any submitted application. Submission of an application shall constitute the applicant’s permission to NYCEDC to make such inquiries concerning the applicant as NYCEDC in its discretion deems useful or appropriate. NYCEDC is not obligated to make any such request or to accept any unsolicited materials, clarification, modification or background information. NYCEDC may conduct discussions with applicants submitting acceptable proposals but it also may award agreement (s) with no further discussions. NYCEDC reserves the right, in its sole discretion, to reject at any time any or all applications, or to withdraw this application without notice.

All responses and other materials submitted to NYCEDC in connection with this application may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law ("FOIL"). The entity submitting an application may provide in writing at the time of submission a detailed description of the specific information contained in its submission, if any, which constitutes a trade secret or would, if disclosed, harm such entity's competitive position. This characterization shall not be determinative, but NYCEDC will use it for purposes of evaluating the applicability of any exemptions under FOIL should any request be made under FOIL to see the submission.

This application does not, nor shall any response to this application, create any rights in favor of any respondent in and to any premises and is not a contract for the lease of any or every portion of any premises. Failure by NYCEDC for any reason to select an applicant or to enter into an agreement with an applicant once selected as a result of this request will not create any liability on the part of NYCEDC or the City or any of their members, officers, employees, agents, consultants or other applicants. Submission of an application will constitute a waiver of any claim against any of the foregoing for any costs incurred or for any matters arising thereunder or in connection with the review of such Proposal by NYCEDC and/or the City.

NYCEDC and the City, and their respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this application. Further, NYCEDC and the City do not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or any other facet of this application, and hereby disclaim any liability for any technical errors or difficulties of any nature that may arise in connection with the website on which this application is posted, or in connection with any other electronic medium utilized by respondents or potential respondents in connection with or otherwise related to the application.

This application and its terms and conditions are subject and subordinate to the License Agreement with NYCDOT.

The selected applicant must comply with all federal, state, and local laws, rules, regulations, and orders of any kind whatsoever and of any agency or entity of government whatsoever applicable to this application and the selected applicant’s use and occupation thereof. It is the policy of NYCEDC to comply with all federal, state and City laws and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, age, disability, marital status, and other protected category and to take affirmative action in working with contracting parties to ensure certified Minority and Women-owned Business Enterprises (MWBEs) share in the economic opportunities generated by NYCEDC’s projects and initiatives.

Companies who have been certified with the New York City Department of Small Business Services as Minority and Women Owned Business Enterprises (“M/WBE”) are strongly encouraged to apply. To learn more about M/WBE certification and NYCEDC’s M/WBE program, please visit edc.nyc/opportunity-mwdbe.

The selected applicant must indemnify, defend, and hold harmless NYCEDC and the City and its officials and employees with respect to any operation on Humboldt Plaza. The selected applicant may be subject to fees associated with the use of Humboldt Plaza.

The selected applicant must carry appropriate insurance coverage, which includes (i) Commercial General Liability insurance in the amount of at least One Million Dollars ($1,000,000) per occurrence (which amount may be higher when and as appropriate and commensurate with the proposed use of Humboldt Plaza and the risks, concerns, exposures and liabilities related to that particular type of use) and which may include (ii) Business Automobile Liability insurance in the amount of at least One Million Dollars ($1,000,000) each accident (combined single limit) for liability arising out of the ownership, maintenance or use of any owned, non-owned or hired vehicles. Coverage shall be at least as broad as the latest edition of ISO Form CA0001 and furthermore may include additionally, (iii) Workers’ Compensation insurance, Employers Liability insurance, and Disability Benefits insurance on behalf of, or with regard to, all employees involved in the operations, and such insurance shall comply with the laws of the State of New York. The Commercial General Liability insurance and Automobile Liability Insurance policies shall name the City of New York and New York City Economic Development Corporation, together with their members, officials, officers, directors and employees, as an additional insured with coverage at least as broad as the most recent edition of ISO Form CG 2026.