Addendum 4 Employee Training and Professional Development Services.docx

Employee Training and Professional Development Services Due Date for Proposals: August 31, 2026 4:30 pm August 20, 2026 Addendum 4 Request for Information - Clarification response - FINAL

1. Section 1.3 states that a single proposer will be selected, while the Scope of Services indicates that WROTB is interested in establishing a relationship with one or more qualified providers. Does WROTB anticipate awarding the contract to one provider or multiple providers? We could potentially award the contract to multiple providers depending on responses received.

2. Must respondents demonstrate the capacity to provide training in every topic listed in the Scope of Services, or may respondents propose services within their specific areas of expertise? Within their specific areas of expertise.

3. Which training topics represent WROTB’s highest priorities or most immediate organizational needs? Supervisor/Manager trainings are a top priority

4. Approximately how many employees, supervisors, and managers could receive training under this contract? Approximately 408 total employees, 62 of whom are supervisory/managerial

5. What is the estimated number of training sessions WROTB expects to request annually, and what are the anticipated class sizes? Class sizes of 50 maximum, but preferably smaller. Number of training sessions depends on responses received.

6. At which WROTB locations could in-person training be required? Please also clarify whether the same training may need to be delivered multiple times to accommodate different locations, departments, or employee shifts. Trainings would take place at the Batavia Downs location, multiple training sessions may be needed to accommodate different employee shifts.

7. What is the anticipated contract term, and will the agreement include renewal options? One year with option to renew

8. What is the anticipated contract award date and desired start date for training services? After September board meeting, desired start date as soon as possible after that.

9. Has WROTB established an anticipated budget or annual spending range for these services? 2026 Operating Plan included $57,500 budgeted for training

10. What criteria will WROTB use to evaluate and compare proposals? If available, please provide the relative weight assigned to qualifications, experience, training approach, pricing, references, and other evaluation factors. There will be a team of evaluators, weight not available at this time.

11. Does WROTB expect the selected provider to conduct an organizational needs assessment before recommending or developing the training schedule, or will WROTB select courses as training needs arise? Courses will be selected as needs arise.

12. Section 2.4 states that all rights, title, and interest in submitted materials will vest in WROTB and that WROTB may use all ideas presented by a respondent. Please clarify whether providers will retain ownership of their preexisting intellectual property, proprietary frameworks, curricula, and training materials. Providers will retain ownership of all materials.

13. Will the automobile liability and New York workers’ compensation requirements apply to an out-of-state professional training provider that does not use company-owned vehicles or employ personnel within New York State? If so, will WROTB consider modifying or waiving these requirements based on the provider’s business structure and method of service delivery? Hired/Non-auto would be acceptable if no commercial vehicles are owned in the entity’s name. If all training is done remotely the Workers Compensation requirement may be waived, if-onsite acceptable proof of New York State Worker’s Compensation coverage will be required.

14. Would you please share a few examples of the kinds of training, workshops or services across these areas that have worked well or have been challenging or unwelcomed in the past? I am not aware of any topics that have been challenging or unwelcome. We have had coaching and employee development training in the past.

15. Is there a significant preference for in-person versus virtual training within the WROTB? In-person training is preferred. Virtual would be an option if there are self-led options.

16. As we think about pricing models for potential work, we are wondering, what is the typical investment range for the training services listed above? Cap cost $57,000 annually

17. Are any WROTB employee groups covered by a collective bargaining agreement? If so, do any of those agreements address paid time or release time for training, scheduling notice, or restrictions on how training records may be used? Approximately 50% of the workforce is covered by collective bargaining agreements. None of the CBAs address paid time or release time for training, scheduling notice, or restrictions on how training records may be used.

18. Section 2.4 states that all rights in submitted material vest in WROTB, while Addendum 2 states that providers retain ownership of their pre-existing curriculum. Will WROTB confirm that Addendum 2 controls, and that the contract will grant WROTB a perpetual license to use delivered materials rather than ownership of the provider's curriculum? Confirmed addendum 2 controls.

19. How will sessions be ordered after award? Specifically, will each session be authorized by a purchase order, is there any guaranteed minimum number of sessions or dollar value, and will WROTB reimburse documented non-refundable travel costs if a confirmed session is cancelled fewer than fourteen days out? No guaranteed minimum.

20. If more than one provider is awarded the same topic area, how will individual sessions be allocated among them? Also, how many renewal options does the contract carry and for what term? If more than one provider is awarded, it would be because they are covering different topics. The term(s) would be one year.

21. Is the $57,500 identified in Addendum 2 a ceiling for all awards combined, or an amount available per awarded provider? That is the ceiling.

22. Scope and Priority Areas Of the training and professional development topics identified in the RFP, the Addendum 2 states that “Supervisor/Manager trainings are a top priority” e Are there any other specific organizational challenges or workforce-development needs driving this solicitation? We have not held formalized supervisor and management trainings in recent years and would like to hold regular trainings for this group.

23. Scheduling Requirements Should proposers anticipate delivery primarily during normal business hours, or could sessions be required during evenings, weekends? Sessions could take place during evenings for certain groups of employees, but would primarily be during normal business hours.

24. Customization Expectations What level of customization does WROTB anticipate? For example, does WROTB expect providers to adapt existing proven programs to its environment, or develop fully customized curricula, scenarios, case studies, participant materials, and learning tools? Or would both be expected? Adapting existing programs to our environment is acceptable.

25. Needs Assessment/Discovery As each course is developed and targeted to an employee group, will WROTB meet with the vendor to develop the strategy and goals of the programs and courses offered, including which courses might be followed by coaching? Might these include interviews, surveys, discussions with leadership or HR, or review of existing performance and development information? Will the vendor’s help be needed to determine what topics and employee groups may be best served by in-person or virtual or OnDemand learning opportunities? Can you estimate how much time we should allocate for these efforts, so that the programs are relevant and deliver value to you? Yes, feedback from the vendor would be appreciated, there is no preference as to whether that is in-person or virtual.

26. Coaching Services Since “coaching and employee development” and follow-up coaching are included in the RFP, does WROTB anticipate individual executive/leadership coaching, group coaching, coaching embedded within training programs, or a combination? A combination.

27. Coaching Confidentiality and Reporting If individual coaching is requested, what expectations would WROTB have regarding confidentiality, sponsor communication, progress reporting, documentation, and measurement of coaching outcomes? Do you have standard parameters or are you open to what the vendor suggests as best practices? We are open to what the vendor suggests.

28. Program and Results Evaluation Beyond participant evaluations and attendance records, does WROTB expect providers to measure application, behavioral change, leadership effectiveness, or other post-training outcomes? If so, are there established organizational metrics the selected provider would be expected to use? There are not established organizational metrics. These outcomes would be best measured from coaching sessions.

29. Using Subcontractors The RFP states that the proposer should not “subcontract any portion of the contract without the prior written consent of WROTB.” Our business model is built on a subcontract business model so we can offer professional development in different specialty areas by experts in those specialty areas at a reasonable cost. This allows us to respond to RFP’s such as yours with the flexibility you require at the budget levels you expect. Is it a reasonable expectation that written permission will be granted? At what point should we ask for that permission? Prior to submitting this proposal? After being selected as a vendor? Will our proposal be considered without getting this written approval first? Permission should be submitted prior to submitting this proposal.

30. Evaluation and Selection Criteria “What criteria will WROTB use to evaluate proposals, and what relative weight will be assigned to factors such as qualifications, public-sector experience, proposed team, training approach, breadth of services, customization capability, references, pricing, and geographic proximity?” In Adendum 2 this question was asked and the answer was that you hadn’t determined the answer. Is it your plan to create this information and release it to the proposers in time for them to structure their proposals accordingly? If so, when will it be released? Or will you not release it at all? Will not be released

31. Site Visit Requirement Section 2.6 states that proposers are encouraged to visit and inspect the site “if applicable.” Is a pre-proposal site visit applicable or expected for this professional training and development solicitation, and will participation or non-participation have any bearing on proposal evaluation? Site-visits are not applicable and not being held.

32. Available Funding and Contract Period Does the stated $57,500 in available funding represent the total amount WROTB anticipates spending on training and professional development services from the contract start date through the end of the fiscal year on March 30, 2027? Or has some of that budget already been spent? This is the amount allowable through December 31, 2026.

Does WROTB anticipate allocating additional funding beginning April 1, 2027 through the anniversary/end date of the awarded contract? Yes Is the anticipated budget for the next fiscal year or renewal period estimated to be at the same level? Yes

33. Intellectual Property and Existing Materials Should proposers identify materials as “Confidential and Proprietary Intellectual Property” or a similar label? Yes If materials are identified as the proposer’s pre-existing intellectual property, please clarify whether those materials will remain the property of the proposer and whether they will be protected from disclosure or distribution to other proposers or third parties. Yes Additionally, please identify what portions of submitted materials, if any, WROTB may be permitted to disclose, reproduce, use, or share. None

34. Sample Materials When WROTB requests sample agendas or training materials, is WROTB seeking 1) representative excerpts demonstrating instructional approach and quality, or 2) all the slides, outlines, workbooks, evaluations and course materials surrounding a sample course?.” Would you prefer complete copies of everything used in a sample course, or shorter excerpts from several sample courses? Representative excerpts are fine.

A. Scope and Scale Clarifications

35. Q1. What is the total number of employees WROTB anticipates enrolling in training, and how are they distributed across the six brick-and-mortar branches, the enhanced branch, the 23 EZ Bet locations, Batavia Downs Gaming, and administrative offices? (Ref: Original RFP, Section 1.4/1.5 — no headcount disclosed) There are approximately 408 total employees, 62 of whom are supervisory/managerial. Almost all are located at the Batavia Downs Gaming location, which is where the administrative offices are also located. Depending on the subject, different trainings would be made available to different groups (for example, customer service trainings would apply to more employees than a supervisory training)

36. Q2. Approximately how many individual training engagements or sessions per year does WROTB anticipate requesting under this contract, even as a rough estimate or range? (Ref: Original RFP, Section 1.5 — no volume disclosed) WROTB is open to as many training engagements as would be worthwhile for the organization, but a ballpark would be one topic per month.

37. Q3. Is there a minimum purchase commitment, guaranteed number of sessions, or estimated annual/total contract value associated with this engagement, or is all training entirely on an as-requested basis with no guarantee? (Ref: Original RFP, Section 1.5) No guaranteed minimum.

38. Q4. Of the 22 listed training topics, are any considered higher-priority or more frequently requested than others, or should proposers assume relatively even demand across all topics? (Ref: Original RFP, Section 1.5 Scope of Services) Supervisory/managerial training is a priority.

39. Q5. The scope of services is described as "including, but not limited to" the listed topics — are there specific additional topics WROTB is already planning to request that fall outside this list? (Ref: Original RFP, Section 1.5) None that we are aware of at this time.

40. Q6. When training is requested for "elected officials," does this refer to WROTB's Board of Directors, or elected officials of member municipalities, and are there any special scheduling, confidentiality, or delivery considerations for this audience? (Ref: Original RFP, Section 1.5) This refers to WROTB’s Board of Directors.

41. Q7. Is there a preferred or predominant delivery mode (in-person, virtual, or hybrid) that WROTB expects will make up the majority of engagements, to help proposers size staffing and travel accordingly? (Ref: Original RFP, Section 1.5) WROTB would prefer in-person trainings but virtual or hybrid options are welcome, as well as any self-led options.

42. Q8. Do any training sessions require delivery inside secured or licensed gaming areas (e.g., the video lottery facility or racing operations), and if so, are there background check, credentialing, or Gaming Commission clearance requirements for facilitators? (Ref: Original RFP, Section 1.4 and Certifications — Compliance with Laws) Trainings would take place in public areas of the facility not requiring a license or clearance.

43. Q9. Does WROTB currently have existing training content, an LMS, or a prior training vendor whose materials this engagement is expected to replace, supplement, or integrate with? (Ref: Original RFP — not addressed) No.

44. Q10. Now that Addendum No. 1 permits multiple awarded firms rather than a single proposer, how will work be allocated among awardees — for example, by topic area, by location, through a rotating task-order process, or at WROTB's sole discretion on a per-engagement basis? (Ref: Addendum No. 1 (7/31/26)) By topic area.

B. Process, Award, and Evaluation Clarifications

45. Q11. What evaluation criteria and corresponding weights will WROTB use to score proposals? The RFP does not disclose any scoring methodology. (Ref: Original RFP (entire document) — no evaluation criteria found)Scoring methodology not being disclosed

46. Q12. What is the anticipated contract term length, and are renewal options (and if so, how many, and under what terms) available? (Ref: Original RFP — not addressed) Anticipated contract length is one year with option to renew.

47. Q13. What is the anticipated timeline for award following the August 31, 2026 proposal deadline, given that award is subject to WROTB Board of Directors approval? (Ref: Original RFP, Section 1.3) As soon as possible after the September board meeting.

48. Q14. Two different phone numbers are listed for the Procurement Officer in the RFP — (585) 343-1423 ext. 6241 in Section 1.2, and (585) 343-3750 in the Submission of Proposals section. Please confirm the correct contact number. (Ref: Original RFP, Sections 1.2 and Submission of Proposals) 585-343-1423 ext 6241

49. Q15. Please confirm the intended issuance date of Addendum No. 1, listed as 7/31/26, to ensure proposers are working from the correct addendum timeline relative to the August 20 questions deadline and August 31 due date. (Ref: Addendum No. 1 (7/31/26)) Addendum 1 was issued on 7/31 due date is 8/31 C. Contract Terms and Legal Clarifications Intellectual Property

50. Q16. The RFP does not contain an intellectual property clause addressing ownership of deliverables, pre-existing IP, training materials, methodologies, licenses, or work product. Will the awarded contractor retain ownership of its pre-existing training materials, methodologies, and licensed content, with WROTB receiving only a license to use materials developed specifically for WROTB? (Ref: Legal team review; Original RFP — no IP clause identified) Yes

51. Q17. Section 2.4 states that "all rights, title and interest in the material submitted by the proposer shall vest in WROTB upon submission" and that WROTB "has the right to use all ideas presented by a responder." Does this provision apply only to the specific proposal documents submitted, or is it intended to reach the proposer's broader proprietary training curriculum, methodology, or pre-existing IP described within the proposal — including for firms that are not ultimately awarded a contract? (Ref: Legal team review; Original RFP, Section 2.4)applies only to the specific proposal documents Indemnification

52. Q18. The indemnification clause requires the contractor to defend, protect, indemnify, and hold harmless WROTB with no stated cap or limitation on liability. Will WROTB consider capping indemnification obligations at the contractor's applicable insurance coverage limits, or at another reasonable ceiling? (Ref: Legal team review; Original RFP, Certifications and Standard Clauses — Indemnification) Will consider

53. Q19. Will WROTB agree to exclude claims arising from WROTB's own negligence or willful misconduct from the contractor's indemnification obligation? (Ref: Legal team review; Original RFP, Certifications and Standard Clauses — Indemnification) Will consider Limitation of Liability

54. Q20. No limitation of liability provision was identified anywhere in the RFP. Will WROTB agree to include a mutual limitation of liability clause in the final contract (e.g., capped at fees paid under the contract, or another mutually agreeable ceiling), particularly given the uncapped indemnification obligation described above? (Ref: Legal team review; Original RFP — no limitation of liability provision identified) Will consider

Payment Terms

55. Q21. No payment terms were identified in the RFP. What invoicing cadence (e.g., per-session, monthly) and payment terms (e.g., net 30) does WROTB expect to include in the final contract? (Ref: Legal team review; Original RFP — no payment terms identified) Monthly invoicing.

Termination

56. Q22. In the event of termination for convenience on 30 days' notice, will the contractor be compensated for any non-cancellable costs already committed for scheduled sessions (e.g., facilitator travel already booked, materials already produced) beyond services already performed as of the termination date? (Ref: Legal team review; Original RFP, Certifications and Standard Clauses — Termination for Convenience)Will consider Records Retention and Audit

57. Q23. WROTB reserves the right to require access to records, deliverables, billing information, and other contract-related documentation, but no retention duration is specified. What retention period will apply, and will it be defined in the final contract? (Ref: Legal team review; Original RFP — retention duration not specified) Yes Subcontracting and Assignment

58. Q24. Assignment or subcontracting requires WROTB's prior written consent. Is there an expected timeline for WROTB to review and respond to such consent requests, to avoid delays in staffing engagements that rely on subcontracted facilitators? (Ref: Original RFP, Certifications and Standard Clauses — Assignment and Subcontracting)Within 7 business days of requested consent Incorporation of RFP Terms

59. Q26. The RFP states its terms will carry forward into the final agreement unless specifically changed during negotiations. Can WROTB confirm that proposers may identify and propose changes to key commercial and legal clauses (IP, indemnification, limitation of liability, payment terms) during contract negotiations following award, even though the RFP itself does not address them? (Ref: Legal team review; Original RFP, Certifications and Standard Clauses — Final Agreement)Yes D. Administrative and Logistics Clarifications

60. Q27. Insurance certificates must name WROTB as an additional insured and be primary and non-contributory. Should these certificates be submitted with the initial proposal, or only upon award? (Ref: Original RFP, Section 1.6 Insurance Requirements)Upon award

61. Q28. Are there specific formatting requirements (e.g., page limits, font size, required section order) for the proposal narrative, or is format entirely at the proposer's discretion as long as all requested information is included? (Ref: Original RFP, Section 1.7) Format is at the proposer’s discretion as long as all requested information is included.

62. Would you please share a few examples of the kinds of training, workshops or services across these areas that have worked well or have been challenging or unwelcomed in the past? I am not aware of any topics that have been challenging or unwelcome. We have had coaching and employee development training in the past.

63. Is there a significant preference for in-person versus virtual training within the WROTB? In-person training is preferred. Virtual consideredif there are self-led options.

64. As we think about pricing models for potential work, we are wondering, what is the typical investment range for the training services listed above? $57,000 annually