REQUEST FOR PROPOSALS X001489

REHABILITATION, PRESERVATION, AND OPERATION OF

SCHOELLKOPF HALL AT

DEVEAUX WOODS STATE PARK

NIAGARA FALLS, NEW YORK

RFP Released: July 22, 2026

Proposals Due: October 14, 2026 by 3:00 p.m.

New York State Parks, Recreation and Historic Preservation

RFP X001489 Rehab, Preservation & Operation of Schoellkopf Hall

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RFP X001489 Rehab, Preservation & Operation of Schoellkopf Hall Page i

TABLE OF CONTENTS

I. STATE PARKS MISSION & GOAL

II. LEASE TERM

III. RFP TIMETABLE & SUBMISSION ADDRESS

IV. CONTACT INFORMATION

V. BACKGROUND

VI. PREMISES & STATUS

VII. SCOPE OF CONCESSION

VIII. HISTORIC PRESERVATION AND HISTORIC PRESERVATION TAX CREDITS

RFP REQUIREMENTS

IX. BUSINESS CONSIDERATIONS

X. MINIMUM FINANCIAL REQUIREMENTS

XI. GUIDANCE ON FORM & CONTENT OF PROPOSALS

XII. PROPOSAL SUBMISSION INSTRUCTIONS

XIII. PROPOSAL REVIEW

XIV. METHOD OF EVALUATION AND AWARD

XV. MODIFICATION/WITHDRAWAL/REJECTION OF PROPOSALS

XVI. PROCUREMENT REQUIREMENTS

NO BID LETTER

EXHIBITS

EXHIBIT A – REQUIRED FORMS

PROPOSAL COMPLETION CHECKLIST

ATTACHMENT #5: SFL § 139-l, § 139-m, and EXECUTIVE ORDER # 177 Certification ATTACHMENT #6: EXECUTIVE ORDER #16 Certification

EXHIBIT B – PARK MAP DEPICTING PREMISES

EXHIBIT C – PREMISES FLOORPLAN

EXHIBIT D – RESTORATION ESTIMATED COST

EXHIBIT E- RESTORATION SITE WORK-NEW YORK STATE PARKS

SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR § 139-j and §139-k

FREEDOM OF INFORMATION LAW (FOIL)

OFFICE OF THE STATE COMPTROLLER REVIEW

CONDITIONS, TERMS, LIMITATIONS, AND GENERAL INFORMATION

EXHIBIT G – SAMPLE LEASE

RFP X001489 Rehab, Preservation & Operation of Schoellkopf Hall

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I. STATE PARKS MISSION & GOAL

The mission of the New York State Office of Parks, Recreation, and Historic Preservation (“State Parks”) is to provide safe and enjoyable recreational and interpretive opportunities for all New York State residents and visitors and to be responsible stewards of our valuable natural, historic, and cultural resources.

This request for proposals (“RFP”) seeks a private sector operator to rehabilitate, activate, and enhance Schoellkopf Hall, hereinafter referred to as the “Concession,” located at DeVeaux Woods State Park (“the Park”) directly adjacent to Niagara Falls State Park. Schoellkopf Hall is in need of preservation, sensitive restoration, and comprehensive capital rehabilitation to return it to productive use. Those needs and goal are hereinafter collectively referred to as “the Project”. The scope of this opportunity includes a private partner’s operation and maintenance of Schoellkopf Hall and management of an appropriate, compatible, and sustainable program. Proposals must comply with the requirements of this RFP and demonstrate a respondent’s relevant experience, expertise, program alignment, and the financial resources necessary to fund the design, preservation, rehabilitation, and construction, and to successfully operate the Project in collaboration with State Parks.

This RFP has mandatory minimum financial requirements for rent, capital obligation, RR&M obligation, utility fees, and other required payments that are outlined in Section X.

This RFP will result in the award of a new concession lease agreement (“Lease”) to the successful party (“Lessee”). The specific premises comprising the fixed concession facilities are identified in Section VI and referred to collectively as the “Premises.”

The Lease granted will be in accordance with the terms and conditions of this RFP, State Parks’ operating requirements, and all applicable laws, rules, and regulations. The “Sample Lease” (including Appendix A - Standard Clauses for New York State Contracts) is provided in Exhibit “G” and substantially reflects the mandatory legal and operating requirements that will comprise the Lease to be granted. Questions of State Parks relating to the Sample Lease should be submitted in accordance with RFP Section IV prior to submission of a proposal.

II. LEASE TERM

Forty (40) Year Contract Legislation: Section 3.09 (2-d) of the Parks, Recreation and Historic Preservation Law (“PRHPL”) allows a maximum contract term of up to forty (40) years for Schoellkopf Hall and other buildings and structures in the Park to facilitate the necessary preservation and substantial capital improvements contemplated by this RFP. A respondent must propose capital investment to fully complete the Project (not less than $1,000,000) and a contract term of no more than 40 years, provided also that the proposed contract term shall bear a direct relationship to the period required to amortize the proposed capital investment: To satisfy the legal requirements of the PRHPL a respondent must present a sound financial projection and justification in the proposal. The term shall commence on a date determined by State Parks upon the satisfaction of any contingencies relating to legal, financial, and regulatory reviews and approval of the Project, and of Lessee’s financing for proposed capital investment. State Parks anticipates: 1) issuing a short term (90-day) Letter of Intent with the successful respondent to accommodate the aforesaid contingencies and develop the Lease and; 2) commencement

RFP X001489 Rehab, Preservation & Operation of Schoellkopf Hall Page 3 of the contract term in 2027.

III. RFP TIMETABLE & SUBMISSION ADDRESS

The following timetable is established for this RFP and is subject to change. State Parks may extend the due date for proposals by issuance of published addenda to this RFP. Prior to submitting a proposal, respondents should check the New York State Contract Reporter website (https://www.nyscr.ny.gov/) to confirm the issuance of addenda relating to the RFP schedule.

RFP Released: Wednesday, July 22, 2026 Proposals Due: 3:00 P.M., Wednesday, October 14, 2026 Oral Presentations: November 2026

Original hard copy proposals must be RECEIVED by State Parks on or before the prescribed date and time at:

NYS Office of Parks, Recreation & Historic Preservation Attn: X001489 Rehab, Preservation & Operation of Schoellkopf Hall Concession Proposal Concessions Management Bureau 625 Broadway, 3rd Floor Albany, NY 12207

Proposals not received in hand by State Parks at its Albany office by the official due date and time will be deemed untimely and returned unopened. Refer to Section XII Proposal Submission Instructions of the RFP for detailed information.

IV. CONTACT INFORMATION

A. DESIGNATED CONTACTS

Important guidelines regarding communications during this procurement are included in this RFP (Exhibit F: Procurement Requirement #1). Interested parties are advised to be familiar with these guidelines before contacting State Parks’ staff as prohibited contact or communication may result in disqualification from participation in the RFP.

The following individuals are the ONLY Designated Contacts for this RFP process.

Savannah Warner, Contract Management Specialist 1 Rosaria DiSanto, Contract Management Specialist 2 Kathleen O’Brien Rose, Director, Concessions Management Bureau

E-mail: Concessions@parks.ny.gov Phone: 518-486-2932

Mailing Address: New York State Office of Parks, Recreation and Historic Preservation Concessions Management Bureau, 3rd Floor 625 Broadway, Albany, NY 12207

NOTE: Interested parties may communicate with State Parks’ representatives to schedule and pose questions during a site visit, and confirm receipt by State Parks of submitted inquiries, the issuance of addenda, and to verify the timely submission of a proposal.

https://www.nyscr.ny.gov/ mailto:Concessions@parks.ny.gov

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B. MANDATORY SITE TOUR

A formal site tour of the Premises is required prior to the proposal submission deadline.

Respondents may contact Travis Saturley, Park Manager (Email: Travis.Saturley@parks.ny.gov or Phone: 716-299-0837) to schedule a site tour. State Parks will coordinate all scheduling and, for efficiency, may consolidate requests for site visits into group tours.

Parties should first carefully review the RFP and published addenda when scheduling a site visit. State Parks’ tour staff provide site orientation and information about the Premises as set forth in the RFP and published addenda. To ensure a timely response to inquiries, substantive questions arising during a site visit must be submitted in writing to State Parks, preferably within three days of the visit.

C. QUESTIONS & INQUIRIES

All other inquiries and requests for information regarding this RFP must be made in writing and emailed to State Parks at the address listed in the “Designated Contacts” section. Individual responses will not be provided. State Parks will provide written responses to questions in the form of one or more addenda to the RFP which shall be published on the NY State Contract Reporter website (https://www.nyscr.ny.gov/). Such official addenda are the only authorized method used to communicate substantive information, including the clarification or modification of the timeline, terms, or other requirements of this RFP.

V. BACKGROUND

A. THE PARK AND SCHOELLKOPF HALL

DeVeaux Woods State Park consists of approximately fifty-one acres located within the City of Niagara Falls, New York. The Park is currently home to the State Parks Niagara Region administrative offices. It also contains a baseball diamond for the Niagara Rapids Little League, a signature destination adaptive playground, picnic facilities, a dog park, and hiking trails. The Park lies adjacent to the Niagara Scenic Parkway, overlooking the Niagara Gorge. A path leads across the Niagara Scenic Parkway to the adjacent Whirlpool zone of Niagara Falls State Park. In early 2026, Niagara Falls State Park expanded roughly 150 acres to include Whirlpool State Park and Devil’s Hole State Park, in order to create a contiguous uninterrupted connection of greenspace and pathways to this natural wonder.

The history of DeVeaux Woods stretches back over 100 years. On April 15, 1853 a charter was issued for the establishment of the "DeVeaux College for Orphans and Destitute Children" under the auspices of the Episcopal Church. The first student was admitted to the college in May of 1857.

In 1950, the board of trustees opted to continue operations as a "secondary private Episcopal school for boys." In 1969 school policy was amended to allow admission of female students. The school ceased operation in 1972.

From 1973-1976 Niagara County operated a school for troubled youth on the property and in 1974, Niagara County BOCES opened “Project 62”, a supplemental education program designed to serve students at Niagara Falls High School.

mailto:Travis.Saturley@parks.ny.gov https://www.nyscr.ny.gov/

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In 1975, the property was transferred to Niagara University which retained ownership until the campus was purchased by the State of New York. The last known use of Schoellkopf Hall was as a Niagara University dormitory.

B. RECENT PREMISES IMPROVEMENTS

In 2018, State Parks began an asbestos and lead abatement project on Schoellkopf Hall. As of 2024, State Parks has substantially completed the abatement of hazardous material. There remain incidental regulated building materials which may become exposed during demolition or other further construction activities. Copies of the Hazardous Materials Removal Plan, which occurred as part of a larger project at Schoellkopf Hall, is available as a supplement upon request.

Respondents are advised that any remaining hazardous materials that require removal shall be the responsibility of the future operator.

Additionally, State Parks has invested two million dollars into to the temporary structural stabilization of Schoellkopf Hall.

C. REPORTED PARK ATTENDANCE

Reported Park Attendance 2020 2021 2022 2023 2024 2025

Annual Average

DeVeaux Woods State Park

50,307 75,326 79,450 105,482 86,115 107,619 84,050

Niagara Falls State Park

5,973,329 9,029,114 9,383,839 9,483,974 9,515,959 8,905,883 8,715,350

Devil’s Hole Zone 111,084 122,242 299,152 352,404 357,807 306,168 258,143

Whirlpool Zone 242,852 301,296 388,574 445,620 453,643 436,060 378,008

VI. PREMISES & STATUS

An annotated map of DeVeaux Woods State Park identifying the location of the Premises, as well as Schoellkopf building floorplans, are annexed as Exhibits “B” and “C” of this RFP, respectively.

Schoellkopf Hall building gross square footage is approximately 36,000 SF. Adjacent outdoor space, as designated by State Parks and outlined in Exhibit B, is included in the Premises. No additional structures within the Park are included as part of this opportunity.

Parking is currently limited at the Premises. State Parks will work with the selected operator to develop a parking plan of up to 50 spaces to accommodate the needs of the new use while respecting the needs of other users of the property and protecting the character and resources of the Park.

Currently, electricity is the only utility installed at the Premises. At its sole discretion, State Parks may endeavor to identify funding of up to two million dollars towards discrete construction projects to directly benefit Schoellkopf Hall (e.g. installation of necessary utilities and designated parking).

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Additional information on such potential investments is included as Exhibit “E”: Restoration Site Work- New York State Parks, and is subject to the future budget environment.

VII. SCOPE OF CONCESSION

This RFP invites proposals that align with the evolving culture and needs of the Niagara Falls area and complement offerings already available, while improving our visitor experience and providing an offering that encourages extended stays in the Niagara region. State Parks is open to considering creative ideas to utilize, preserve and re-use the historic Schoellkopf Hall. Ideally, proposals will align with State and Niagara County initiatives, and the goals and mission of State Parks, including without limitation, cultural, educational, recreational, entertainment, and/or fitness/well-being. State Parks is also interested in ideas incorporating innovative programing that contribute positively to the culture and/or history of Schoellkopf Hall and DeVeaux Woods State Park. The goal of rehabilitating, activating, and enhancing Schoellkopf Hall may be completed in phases, subject to a capital/historic preservation plan and schedule approved by State Parks.

The Lessee must establish and operate the Concession under a sustainable business plan and philosophy that encourages, attracts, accommodates, and facilitates excellence in historic preservation, visitor experiences, and customer service executed in harmony with existing Park operations. Any food or retail operations at the Premises should align with the principles and incorporate the core aspects of New York’s Taste NY initiative. Any alternative commercial uses of the Premises, including any ancillary concessions, must be compatible and balanced with the public benefit goals and requirements of this RFP, including public access to services offered, event tickets, etc.

Lessee shall have no contractual or other preferential right to exclusively occupy or use any other space, roads, parking lots, or structures in the Park. However, Lessee will be afforded the option to secure one or more Park permits for the necessary use of Park areas outside the Premises (e.g., park roads and parking lots, etc.) to facilitate construction and/ or accommodate pedestrian and vehicular traffic for events, programming, etc. The terms and conditions and coordination of Park permitting for use of roads and parking lots (including any restricted dates) shall be established by Park management.

VIII. HISTORIC PRESERVATION AND HISTORIC PRESERVATION TAX CREDITS

Schoellkopf Hall is listed on the National Register of Historic Places (the “NR”). Buildings listed on the NR are nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting the heritage of the United States.

This distinctive historic status makes available financial incentives for rehabilitation and reuse.

The historic rehabilitation tax credit programs offer substantial federal and state tax incentives (a po-tential return of 40% of rehabilitation expenses, with 20% available as federal income tax credits and 20% as state income tax credits). A long-term lease of at least 39 years, from project completion, is required for commercial, non-residential properties. Additional information on these tax credit pro-grams can be found here:

• https://www.nps.gov/subjects/taxincentives/before-apply.htm https://www.nps.gov/subjects/taxincentives/before-apply.htm

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• https://www.irs.gov/businesses/small-businesses-self-employed/rehabilitation-credit#re-capture

• https://parks.ny.gov/preservation/programs/tax-credit/income-producing

• https://parks.ny.gov/shpo/preservation-assistance/

Rehabilitation work on all existing building square footage can be credited if it is a Qualifying Reha-bilitation Expense under the Secretary of the Interior’s Standards for Rehabilitation (the “Rehabilita-tion Standard”). Any rehabilitation and reuse must meet the Rehabilitation Standard.

(https://www.nps.gov/subjects/taxincentives/secretarys-standards-rehabilitation.htm). The Rehabilita-tion Standard is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. The Rehabilitation Standard, which is regulatory for the tax credit, acknowledges the need to alter or add to a historic building to meet continuing or new uses while retaining a building’s overall historic character.

Each rehabilitation is evaluated on a case-by-case basis according to the specific facts and circumstances of the building and planned rehabilitation. Preservation standards do not necessarily preclude changes to any one specific historic character defining feature, but cumulative impacts are considered as part of a whole project. While a comprehensive list of all possible historic character defining features is not in the scope of this RFP, the following is a general list of high priority features that would be the primary focus for evaluating a preservation project:

• The building’s overall form and fenestration should be maintained as presently constituted, with a particular emphasis on the principal east-facing elevation. Additions can be made to sustain new programmatic functions, provided they are designed and sited in such a way that they do not impair the character of the building, particularly as viewed from the ex-panse of lawn to the immediate east.

• Windows and doors that can be reasonably repaired should be retained and restored. If replacement is necessary, all windows and doors must follow existing historic precedents.

• The building’s main points of entry, assembly, social spaces, corridors, and staircases should be maintained as they exist to the extent feasible.

• The existing floor plans should be maintained where they currently reside. Where the material has been lost due to deterioration and damage, compatible material will be allowed. The existing double loaded corridor, including the widths, must be maintained.

All fireplaces should be retained to the extent possible.

RFP REQUIREMENTS

IX. BUSINESS CONSIDERATIONS

A. Due Diligence: A respondent must undertake and rely on independent research and investigation for all matters relating to development of a proposal for the Project and response to the RFP, in-cluding without limitation, existing building conditions, business case, market projections, revenue and cost assessments, construction plans, facility improvements, etc. The Premises shall be made available to Lessee in “as is, where is” condition, without warranty of any kind at commencement https://www.irs.gov/businesses/small-businesses-self-employed/rehabilitation-credit#recapture https://www.irs.gov/businesses/small-businesses-self-employed/rehabilitation-credit#recapture https://parks.ny.gov/preservation/programs/tax-credit/income-producing https://parks.ny.gov/shpo/preservation-assistance/ https://www.nps.gov/subjects/taxincentives/secretarys-standards-rehabilitation.htm

RFP X001489 Rehab, Preservation & Operation of Schoellkopf Hall Page 8 of the term. State Parks makes no representation that the Premises or this RFP present an oppor-tunity to establish a sustainable business, investment, or earn a profit.

B. Historic Preservation: As outlined in Section VIII of this RFP, any future work on structures listed on the NR must be reviewed by the State Parks Division for Historic Preservation under the provi-sions of the New York State Parks, Recreation, and Historic Preservation Act of 1980, Section

14.09 and must comply with the Secretary of the Interior’s Standards for Rehabilitation (https://www.nps.gov/tps/standards/four-treatments/treatment-rehabilitation.htm).

C. Alternative Funding/ Potential Financial Incentives: Under certain circumstances, NR designated historic buildings may be eligible for federal historic tax credit programs and/or state grant funding.

More information about these programs can be found in Section VIII above.

D. Environmental & Design Review; Approvals: An old growth forest is located directly behind the Premises. Preservation of local flora shall be considered during vision development. Any requests regarding removal of trees are subject to environmental review and must be submitted to and ap-proved by State Parks. The Project is expressly subject to State Parks’ approvals as to design, site work and all required environmental review, including without limitation under the State Environ-mental Quality Review Act (“SEQRA”) and consistency with State Parks’ mission.

E. Sample Lease & Contract Approval: A Sample Lease is annexed to this RFP as Exhibit “G” and represents the contract template and substantially all material terms and conditions of the Lease to be awarded to the successful respondent. The Lease will be tailored to the successful proposal to the extent there is no substantial conflict with the RFP and Sample Lease. The Lease is a state contract subject to the independent review and approval of the New York Office of the Attorney General and Office of the New York State Comptroller. Accordingly, a respondent should review the sample lease carefully when preparing a proposal as there are limited opportunities to negotiate language or change the material terms and conditions set forth therein.

F. Respondents must have demonstrated ability to implement and adapt to restrictive government guidance and protocols in response to pandemic conditions.

G. Capital Improvements, Repairs and Maintenance: Proposals must contemplate that all preservation, restoration, improvements, construction, repairs, and maintenance relating to the Premises are the sole responsibility of the Lessee. An estimate of potential development costs for the Premises is annexed to this RFP as Exhibit “D”- Restoration Estimated Cost. These estimates include general structural restoration and do not include potential costs that may be associated with a Respondents’ project vision including full build-out of the interior. Any construction project undertaken at the Premises may be a “public work” under the New York Labor Law and will require the payment of prevailing wages. The New York State Fire and Building Code and all other Federal and State laws, rules, codes and regulations applies to all construction, including without limitation those pertaining to the Americans with Disabilities Act and NYS Green Buildings initiatives.

https://www.nps.gov/tps/standards/four-treatments/treatment-rehabilitation.htm

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H. Concession Service, Offerings, & Pricing: The operating schedules for the Concession are subject to approval by State Parks. Respondents shall submit sample concession offering lists with proposed pricing. Offerings and prices are subject to a reserved right of approval by State Parks and must reflect high-quality and a variety of options, appealing to a diverse clientele. Reasonable market-based prices and customary fees and charges should be incorporated into Lessee’s business plan.

I. Taste NY & New York State Products: If the concession operations plan includes food and beverage service, Lessee is expected to incorporate locally sourced foods, food products, and other items produced in New York in collaboration with New York’s Taste NY initiative. State Parks encourages proposals that reflect the Park’s location and incorporate seasonal availability of fresh foods. Lessee must report annually, in a prescribed format, the types and quantities of goods and products purchased, and the approximate dollar value of purchases from each provider.

J. Environmental Policies: Lessee is expected to comply with State Parks’ policies addressing the environmental impacts of its operations including, and without limitation, the Single Use Plastics Reduction policy. Respondents should note in the Sample Lease State Parks’ policy which includes the prohibition of polystyrene products (including Styrofoam) and most single use plastics, including those used for food service operations.

K. Diversity, Equity, Inclusion and Access (DEIA): State Parks welcomes, creates, and encourages inclusive spaces for everyone to experience its facilities, regardless of gender, race, culture, sexual orientation, age, socio-economic status, family status, spirituality, citizenship, national origin, physical ability, intellectual perspective, political party, veteran status, or justice system involvement. Lessee is expected to deliver excellent customer service to people of all abilities, languages, and cultures. State Parks encourages proposals that integrate the principles of diversity, equity, inclusion, and access into their business plan.

L. Point of Sale, Reporting, & Data Access: Lessee shall provide, utilize, and afford State Parks with meaningful access to a modern Payment Card Industry Data Security Standard (“PCI DSS” or “PCI”) compliant point of sale (“POS”) system for generating daily, weekly and monthly reports that clearly detail Gross Receipts, taxes, Rent, tips, transaction types, and any other relevant business data that may be reasonably specified by State Parks. For audit, State Parks shall have access to raw or source data used for periodic reports, including but not limited to revenue and attendance tracking, and similar tools in a modern point of sales system. Lessee is responsible for all fees and costs associated with sales transactions and operation of the system.

M. Internet, Website, Data, and Cyber Security Insurance (if applicable): Insurance coverage requirements and thresholds are assessed by the manner and form of data collection and who retains the information. Factors include but are not limited to; the architecture of the system, the types of identifying data collected, ownership of the data, and how, where and for how long the data is stored. These considerations apply to websites, POS Systems, and other systems that collect and store personal and identifying data.

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N. Ownership & Taxes: Capital improvements and repairs funded by Lessee become the property of the State upon completion of the work and acceptance by State Parks. There are no real estate property taxes for the Lessee associated with the Premises. Lessee is responsible for payment/compliance with all applicable state and local tax requirements, including sales tax.

O. New legal entity formation: A respondent must disclose if a new legal entity (e.g. a limited liability company) will be formed to contract with State Parks.

X. MINIMUM FINANCIAL REQUIREMENTS

Proposals must meet the following minimum financial requirements:

A. Bid Security Deposit: There is no bid security deposit required to respond to this RFP. A reasonable security deposit may be required of the selected respondent as a condition precedent to a Letter of Intent to advance the Project through consultation and contingencies, to contracting.

B. Minimum Rent: A minimum rent of at least 2% of Gross Receipts, as defined in the Sample Lease, and shall include an escalation model. To accommodate proposed significant upfront capital invest-ment, State Parks will consider proposals that include an alternative Rent payment schedule, pro-vided the minimum Rent fee meets or exceeds the minimum percentages outlined above, and must be recorded on the bid form. Payment of Rent must commence no later than seven (7) years after completion of a substantial capital investment project duly approved by State Parks.

If a respondent does not offer at least the required minimum Rent, the proposal will be disqualified and returned. Respondents must provide an escalating or enhanced rent above the required minimum fee and be set forth in the financial proposal form, or it will not be considered in the evaluation of the financial return to State.

C. Required Minimum Capital Investment: A proposal must make a minimum capital investment commitment in the Premises of $5,000,000, provided however the Lessee must commit to all (100%) of the funds necessary to realize the proposal, complete the enhancements, and operate the Premises for the 40-year term. Within five (5) years of the approval of the Lease by the Office of the New York State Comptroller, the Lessee must expend sufficient capital to complete all renovations necessary to commence operations. The proposed Minimum Capital Investment shall be phased over the Lease term, with the full Minimum Capital Investment expended by year thirty-five (35) of the contract term. Respondents shall allocate a reasonable portion of their Minimum Capital Investment for future capital improvements, repairs, and/or other approved capital projects anticipated to be undertaken during the latter portion of the Lease term. Such capital improvement plans must be projected in detail in a respondent’s proposal and adequately secured by a reasonable financing or business plan, subject to State Parks’ approval. The capital commitment must be expended on capital projects formally approved by State Parks.

D. Repair, Refurbishment & Maintenance (RR&M) Obligation: Lessee is completely responsible for all routine repair, refurbishment, and maintenance of the Premises and the Concession.

Notwithstanding the foregoing, Lessee shall document and certify for State Parks approval on a

RFP X001489 Rehab, Preservation & Operation of Schoellkopf Hall Page 11 periodic, but not less than annual, basis the expenditure of not less than two percent (2%) of Gross Receipts for bona fide maintenance, repairs, refurbishment, and replacement of State-owned property, fixtures, and equipment at the Premises, to begin year 10 of the Lease.

E. Utilities & Trash Removal: State Parks shall provide electricity to the Premises, for which Lessee shall pay State Parks 100% of the actual costs as measured by sub-meter and invoiced by State Parks. For all other utility services necessary for the Use, Lessee shall establish all necessary ac-counts with utility providers at its own cost. Lessee is responsible for 100% of costs of trash re-moval, and recycling used in connection with this Lease and shall be paid directly to the provider(s).

Lessee is solely responsible for all other necessary grease or specialty waste services.

F. Insurance Coverage: Lessee shall procure and maintain at its sole expense commercial liability and other insurance as set forth in the Sample Lease, Sections 19, 20, and Attachment E.

G. Bonds: Lessee will be required to procure and maintain a financial payment Bond, letters of credit, or provide other forms of security acceptable to State Parks. The principal value of the financial payment bond or security shall be equal to the sum of the projected annual Rent, RR&M obligation, utility payments, and any other financial obligation of Lessee, for the first full operating year of the term, subject to adjustment every three years in State Parks’ discretion. Statutory labor and materials payment bonds are also required for certain work as set forth in the Sample Lease, Attachment C.

XI. GUIDANCE ON FORM & CONTENT OF PROPOSALS

Proposals should clearly and concisely state the unique capabilities, experience, and strengths of the respondent, and demonstrate the capacity to satisfy the requirements and objectives set forth in this RFP. A complete proposal must include and address the following elements:

A. Duly completed and executed Required Forms & Clauses (Exhibit “A”) including the Proposal

Checklist, Financial Proposal Form, and Business History Form with supporting materials.

B. A comprehensive narrative including the respondent’s experience, commitment, financial resources, and capacity to meet the goals of the RFP; and the operation and maintenance of the Premises and the Concession as an inviting, high-quality concession service for Park visitors. Evidence of respondent’s experience and capacity to respond effectively to and successfully operate under pandemic guidance, including adaptation to changing government guidance, requirements, and protocols. The narrative should address the proposed program for the Concession including, without limitation, concept plans, renderings, plans for integration of DEIA principles, and other supportive and demonstrative materials that present the respondent’s full vision. The following are critical components of a responsive proposal:

1) Business plans: with a pro forma identifying and accounting for all projected costs and expenses and contemplated partnerships, sub-licenses, and sponsorships. The pro forma must be:

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a. Itemized with financial projections for each year of the term with anticipated cash flows, and details of revenues and expenses, including proposed capital investment, operations, and maintenance costs. Any assumed or anticipated taxes, tariffs, grants, energy credits or other governmental benefits must be disclosed and included in the pro forma. Known financing contingencies, and assumptions or conditions that may impact the Concession, including without limitation the projected revenues, or expenditures should be clearly disclosed.

b. Inclusive of all financial requirements of this RFP, including, without limitation, the pro-posed Rent, RR&M obligation, and utility fees, etc.

c. Submitted in an Excel spreadsheet format with the hard copy of the proposal and as a sep-arate document saved on the required flash drive.

2) Capital Investment: Details of proposed capital projects, concepts/designs with budget, estimates and projected critical path timelines and phases. Identify any conditions or contingencies that may impede the proposed projects and how they may impact financial projections.

3) Operations & Maintenance plans: Description of a comprehensive plan to successfully develop, operate, manage and maintain the Premises and Concession including, without limitation, operating budget, and schedules, staffing and training programs, the provision of excellent customer service to people of all abilities, languages, and cultures, proposed offerings and pricing, marketing and promotion strategies, improvements to community health and wellness, emergency action plans, etc. Description of respondent’s approach to safety, quality control and compliance, inspection and maintaining applicable code and industry certifications, and the maintenance, upkeep, and periodic refurbishment of the Premises.

C. Resumes and/or professional histories demonstrating background, education, and experience in park and analogous visitor services, including development of services similar to the proposed Concession, of the principal members of the respondent’s organization, project team, and key partners or participants. Provide an organization chart/diagram reflecting the intended business and operating structures, owner/operator, chain of command, and/or composition of the respondent and other participants, partnerships, or joint ventures. A respondent must disclose if a new legal entity (e.g. a limited liability company) will be formed to contract with State Parks, and identify its anticipated organizational structure, ownership, management, and sources of credit and/or funding.

D. Specific evidence of relevant operating experience, in a highly seasonal weather-dependent oper-ating environment, related concessions and services of comparable scope and scale to the Conces-sion; including examples of similar projects completed, business enterprises developed, owned, or operated by respondent. Evidence of successfully sustaining and operating a business throughout the pandemic, including the ability to recruit and retain qualified staff.

E. A minimum of three (3) current business references relevant to the scope of this RFP. Preferred references include a financial institution that has extended credit to the respondent, industry entities with which relevant business has been transacted, and/or a commercial landlord or government

RFP X001489 Rehab, Preservation & Operation of Schoellkopf Hall Page 13 entity from which the respondent has leased or licensed property or provided services relevant to the Premises and the Concession.

F. A current verified financial statement, profit and loss statement, balance sheet or other commercially reliable written evidence of the respondent’s good credit, secure financial standing, and capacity to perform the financial requirements of the Lease, including the capacity to procure bonds or other recognized forms of financial security, and insurance.

XII. PROPOSAL SUBMISSION INSTRUCTIONS

A complete proposal is due on or before the deadline established as per Section III (“RFP Timetable & Submission Address”) and must be in accordance with the provisions, requirements, terms, and conditions of this RFP and the Sample Lease. Proposals that are contingent or conditioned, that include a modification of the Business History or Proposal Form, or that are submitted in other than the prescribed format are subject to disqualification.

Respondents are to submit: (i) three printed copies of the complete proposal, including all attachments, enclosures, and required forms. Original signatures are required on at least one copy of all required forms. The proposal must be fastened or stapled originals, typewritten, two-sided, and on 8½″ x 11″ sized paper with numbered pages. Please do not submit a proposal in plastic sleeves or three ring binders; and (ii) one flash drive with the complete proposal in Adobe PDF format and all pro forma as an Excel spreadsheet document. Electronic submission of proposals will not be accepted.

XIII. PROPOSAL REVIEW

All materials comprising a proposal submitted in response to this RFP become State Parks’ property without obligation for return. All determinations of sufficiency and completeness of a proposal and compliance with the requirements of this RFP, including the eligibility or qualification of a respondent, are in the sole discretion of State Parks. State Parks may utilize all materials and all available public information to evaluate a proposal and the capabilities of a respondent. State Parks will review proposals for completeness and compliance with the terms and conditions of this RFP and may request from any respondent, at any time during the selection process, additional information, clarification, or confirmation of the proposal.

XIV. METHOD OF EVALUATION AND AWARD

State Parks evaluation and scoring process allows a maximum of 120 points per panelist and consists of a technical score based on evaluation of the substance of the proposal and respondent’s qualifications (maximum of 90 points available), and a financial score based on comparative evaluation of the relative financial value of the return to the State offered by each proposal (maximum 30 points available). State Parks will schedule an interview/oral presentation for each respondent that submits a proposal compliant with the RFP. The method of evaluation for the technical score and calculation for the financial score are provided in Paragraph “A” below; the scoring criteria for the technical score are set forth in Paragraph “B” below.

A) EVALUATION METHOD

1) Panel Evaluation (75% of score)

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Proposals are evaluated by a review panel composed of agency staff familiar with the operation and management of the agency’s concessions program and park operations. Panelists review all responsive proposals and attend the interviews/ oral presentations; all proposals are scored by the same review panel. Panelists score each proposal individually based on the technical selection criteria and point allocation outlined in Paragraph B below in two steps: first, prior to the interview/ oral presentation each panelist assigns preliminary scores based upon the written proposal; second, after the interview/ oral presentation, a panelist may adjust the preliminary scores based upon the interview/ oral presentation to determine a final score. Each panelist’s final score is counted toward the total technical score for the proposal.

2) Return to State Calculation (25% of score)

The projected financial return to the State is a comparative score calculated by the agency Concessions Management Bureau based on the Rent and Capital Investment offers set forth in the Financial Proposal Form submitted with each proposal. The proposal, or proposals, offering the highest estimated financial return is awarded the highest possible financial score of 30 points. Any additional or conflicting financial offer submitted other than on the Financial Proposal Form will not be considered in the Return to State calculation.

The projected financial return to State is equal to the total of the projected Rent over the term of the Lease, plus the dollar value of the capital investment offered. For scoring purposes, the Rent projections are based on a fixed model using a pre-determined annual Gross Receipts figure that will be applied uniformly to all proposals (not the pro forma projections submitted by any respondent). The proposal determined to offer the highest projected financial return is awarded 30 of the 30 available points allocated to this category. All other proposals offering a lower projected financial return to the State are awarded pro-rata points based on its percentage of the highest projected financial return, rounded down to a whole number.

For example, Proposal A offering the highest return to the State receives all 30 points; Proposal B offering 10% less than Proposal A as a return to the State receives 27 points.

3) Selection for Award

The calculated score for financial return to the State is added to the technical score of each panelist, and the sum of those aggregate scores comprise the total score for the proposal.

Proposals are ranked by total score by the Concessions Management Bureau; if proposals receive identical total scores, the tie is broken by ranking based on the higher technical score.

The highest scoring (i.e., top ranked) proposal from a responsible respondent will be selected for award.

Selection for award is subject to a full vendor responsibility review of the respondent and execution of the Lease. If State Parks cannot achieve an executed Lease with the respondent initially selected for award, it may elect to proceed with the responsible respondent with the next highest ranking.

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B) TECHNICAL CRITERIA

Category A: Background & Experience - 30 Points A. Demonstrated capacity to undertake and complete the proposed Project, including managing design and construction in a historic building and establishing and promoting a high-quality facility or similar programming in a public park or similar setting: 10 Points

1) Examples of successful public and/or private historic preservation projects and partner-ships comparable in size, scale, and complexity to the Project. Experience establishing and operating a successful and financially viable relevant enterprise.

2) Successful and sustainable operational experience in current and previous projects provid-ing top quality visitor experiences in similar programming.

B. Personnel qualifications and experience: 10 Points

a) Managerial capacity and organizational structure; depth of management personnel and tenure and success of similar projects.

b) Qualifications of key staff and team members, including design, historic preservation, construction managers, facility managers, consultants, marketing and sales personnel and operations and program personnel. Recruitment and retention of experienced and quali-fied staff, as demonstrated by current/past performance, references, and resumes.

C. Financial Plan and capacity to execute the Project: 10 Points

a) Available assets and credit, organizational strength, personnel resources, and expertise demonstrated by the respondent. Capacity to fund and support the Project; record of achieving successful historic preservation work and sustainable programming.

b) Access to external financial resources for the rehabilitation budget including philanthropy, credit, equity, bonding and/or other operational and capital support in consideration of other business commitments.

Category B: Response to the RFP - 60 Points A. Strength of respondent’s vision, philosophy, budget and commitment to the sensitive historic preservation, rehabilitation, and interpretation of Schoellkopf Hall; and its future operation and programming for delivery of sustainable, efficient, quality, and consistent customer experi-ences: 20 points

a) Detailed description for proposed operations including budget, management, staffing structure, schedules, strategies, and resources to support the rehabilitation of Schoellkopf Hall . Overall quality of proposed approach to meet the opportunity presented by the RFP including the considerations and requirements outlined in Sections IX and X.

b) Approach and plan for high quality programming, and events, including strength of com-mitment to public benefit and community access and wellness.

c) Operation of the Premises, including facility management, parking, staffing and schedules and standards, pricing implementation of concession offerings, and proposed improve-ments to community health and wellness.

d) Plans for underwriting and accomplishing building services, maintenance, repairs, and replacement of equipment/ furnishings of the Premises over the long term.

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e) Quality, accuracy, specificity, and clarity of presentation of the proposed operating budget, pro forma projections, including consideration of assumptions, contingencies, conditions, and financial requirements of the RFP.

B. Capital & Historic Preservation Plan: 30 Points

a) Assessment of the Premises and concept/ approach to preservation and use (or adaptive reuse) of Schoellkopf Hall; including key elements of the construction that meet historic preservation standards, and goals for sustainability, energy efficiency, and consistency and RFP requirements. Budget and financial plan and practical feasibility of construction in-cluding challenges and limitations of existing conditions, any phasing of improvements.

b) Preliminary plans and specifications for design and execution of work at the Premises, including concept renderings, drawings, or other demonstrative materials relating to the interior and exterior treatment of Schoellkopf Hall and surrounding grounds; and any an-ticipated material or substantial ground disturbance, new construction, structural changes, or additions to the Premises, and/or substantial modification that may have adverse im-pacts on historic resources or the Park.

C. Business Development, Public Image, Marketing and Promotion: 10 Points

a) Appropriateness of proposal to the Park’s setting and the evolving culture and needs of the Niagara Falls area including complementing offerings already available and programming alignment with the agency mission.

b) Marketing and promotion strategies, branding, outreach channels and social media.

c) Customer service standards, programs, and goals. Capacity to monitor and respond posi-tively to customer demand and new trends.

Category C: Return to State- RTS (Maximum 30 Points Available) As described in subsection XIV A (2) above.

C) BID PROTEST PROCEDURES

It is the policy of the Office of Parks, Recreation and Historic Preservation (State Parks) to provide respondents with an opportunity to administratively resolve disputes or inquiries related to State Parks contract awards. Respondents are encouraged to seek resolution of disputes through consultation with the Designated Contact(s). After being notified of the results of this contract opportunity, any entity or individual that participated in the procurement may submit a protest of the resulting contract award.

State Parks reserves the right to suspend, modify, or cancel this procurement at any time during the procurement process. State Parks also reserves the right to waive or extend the deadlines in this procedure.

Submission of Formal Written Protests Protests must be received by the Designated Contact no later than five business days after a debriefing or 10 business days after the written notice of selection or non-selection for contract award, whichever is later.