REQUEST FOR PROPOSALS X001531

OPERATION AND PRESERVATION OF

THE GIDEON PUTNAM HOTEL

Saratoga Spa State Park

Saratoga Springs, NY

RFP Released: Thursday, October 15, 2026 Proposals Due: 3:00 p.m., Tuesday, December 15, 2026

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel

This page intentionally left bank.

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page i

TABLE OF CONTENTS

I. STATE PARKS MISSION & GOAL

II. LEASE TERM

III. RFP TIMETABLE & SUBMISSION ADDRESS

IV. CONTACT INFORMATION

V. BACKGROUND & HISTORY

VI. PREMISES

VII. OVERVIEW OF OPERATING HISTORY & CURRENT USE

VIII. HISTORIC PRESERVATION AND HISTORIC PRESERVATION TAX CREDITS

IX. PREMISES CURRENT CONDITION

X. SCOPE OF CONCESSION

XI. RFP REQUIREMENTS

XII. MINIMUM FINANCIAL REQUIREMENTS

XIII. GUIDANCE ON FORM & CONTENT OF PROPOSALS

XIV. PROPOSAL SUBMISSION INSTRUCTIONS

XV. PROPOSAL REVIEW

XVI. METHOD OF EVALUATION AND AWARD

XVII. MODIFICATION/WITHDRAWAL/REJECTION OF PROPOSALS

XVIII. PROCUREMENT REQUIREMENTS

NO BID LETTER

EXHIBITS

EXHIBIT A – REQUIRED FORMS

EXHIBIT B – PARK MAP DEPICTING PREMISES

EXHIBIT B – PARK MAP DEPICTING PREMISES (CONTINUED)

EXHIBIT C – REPORTED CONCESSION GROSS RECEIPTS

EXHIBIT D: HOTEL OCCUPANCY HISTORY

EXHIBIT E – PROCUREMENT REQUIREMENTS

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 F – SAMPLE LEASE

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel

This page intentionally left bank.

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 1

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 to continue the role of a private sector business in the operation, improvement, maintenance, and preservation of the historic Gideon Putnam Hotel (“Hotel”), hereinafter referred to as the “Concession,” at Saratoga Spa State Park (“Park”) in Saratoga Springs, NY.

The current concession contract for the Hotel has a twenty-year term and is expiring on January 5, 2028. The contract currently includes the operation of the Roosevelt I Bathhouse and Spa; the operation of Roosevelt I is not included in the scope of this RFP. State Parks will be issuing a subsequent Request for Proposals for the operation and improvement of the Roosevelt I Bathhouse and Spa, the Roosevelt II Bathhouse, and potentially other available properties.

State Parks is seeking a concessionaire to provide high-quality service at sustainable price points, in an inviting atmosphere, and may offer new and traditional lodging and ancillary service options at the Premises. Proposals must reflect excellence and professionalism for the Concession including lodging and food service offerings, sustainable facility management and operations, and customer service. This RFP has mandatory minimum financial requirements for rent, capital investment, RR&M obligation, and other required payments that are outlined in Section XII.

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.” Please refer to Attachment B of the Sample Lease (Exhibit “F”) for an Inventory of Equipment.

The form of contract for the Concession will be a Lease granted 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 “F” and substantially reflects the mandatory legal and operating requirements that will comprise the Lease to be granted. Questions relating to the Sample Lease shall be submitted in accordance with RFP Section IV prior to submission of a proposal.

II. LEASE TERM

The base term of the Lease shall be for ten (10) years, however, in accordance with Section 3.09(2-b) of the Parks, Recreation & Historic Preservation Law (“PRHPL”), Lessee may propose an extended term of up to a maximum of forty (40) years, provided that the length of such term shall have a direct relationship to the period required to amortize the investment. The term of the resulting Lease shall be written in accordance with the proposed term, as a base term of ten (10) years and concluding at the end of the proposed extended term, not to exceed a total of forty (40) years.

If during the base term of the Lease, external fiscal or business conditions have changed in such a way

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 2 that the business environment has made the business plan no longer sustainable; the Lessee may, subject to the agreement of State Parks, elect to conclude the term of the Lease at the end of the ten-year base term. Early termination at the end of the base term will only be available if the minimum capital investment of $5 million dollars has been expended by the Lessee and approved by State Parks, Lessee has clearly demonstrated that external fiscal or business conditions have created a business environment that is no longer sustainable, and such notice has been demonstrated to State Park no later than the end of year eight of the base term.

It is anticipated that the Premises, as further defined herein, will be leased “as is, where is.” The Lease shall require the Lessee to pay all costs of the Premises including, without limitation, all investment and expenses of construction, maintenance and operation of the interior and exterior of the structures, landscape and grounds, and all utilities and charges associated with the property.

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 NY State Contract Reporter website (https://www.nyscr.ny.gov/) to confirm the issuance of addenda relating to the RFP schedule.

RFP Released: Thursday, October 15, 2026 Proposals Due: 3:00 P.M., Tuesday, December 15, 2026 Oral Presentations: TBD, Early 2027

Electronic submission of proposals will not be accepted.

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: X001531 Gideon Putnam Hotel Concession Proposal Concessions Management Bureau 625 Broadway, 3rd Floor Albany, NY 12207

Hard copy 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 XIV 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 E: Procurement Requirement #1). Interested parties are advised to be familiar with these guidelines before contacting State Parks’ staff, or other Governmental officials, as prohibited contact or communication may result in disqualification from participation in the RFP process.

https://www.nyscr.ny.gov/

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 3

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

Rosaria DiSanto, Contract Management Specialist 2 Daniel K. Munsell, Assistant Director, Concessions Management Bureau 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.

B. SITE TOUR

A guided site tour of the Premises is strongly recommended, but not mandatory. Respondents are to contact David Guest, Assistant Regional Director (David.Guest@parks.ny.gov or 518-584- 2000) to schedule site tours. 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 & HISTORY

A. THE CITY OF SARATOGA SPRINGS

The City of Saratoga Springs gained early prominence as a resort and leisure playground, and today it is a vibrant community with an expanding economic base. Located approximately 30 miles north of the New York State capital city of Albany, Saratoga Springs is easily accessed by interstate highway I-87, a network of well-maintained local roads, an Amtrak station, the Albany International Airport (20 miles), and the Saratoga County Airport. The 2020 census recorded a city mailto:Concessions@parks.ny.gov mailto:David.Guest@parks.ny.gov https://www.nyscr.ny.gov/

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 4 population of over 28,000. Within the surrounding Saratoga County, total reported population is over 235,500, with a median household income slightly over $100,485 (2023, US Census Bureau).

Millions of tourists visit the city each year. Downtown Saratoga Springs is a recipient of the Great American Main Street Award and offers a lively, pedestrian friendly downtown with boutique shops, over 100 restaurants featuring a variety of cuisines, live music venues, art studios and galleries, and much more. In addition to Saratoga Springs State Park, significant venues in the city include the Saratoga Springs Racecourse, the Saratoga Casino Hotel, the Saratoga Springs City Center, and several golf courses and museums.

The events and offerings provided by these venues help drive demand for lodging in both the city of Saratoga Springs and surrounding Saratoga County. In 2025, New York State Parks commissioned a Market Analysis and Compatible Use Study (full study is available upon request).

Below are some lodging metrics excerpted from that study:

Number of Hotel Properties (2025) City of Saratoga Springs : 35 Saratoga County: 76

Number of Hotel Rooms (2025) City of Saratoga Springs: 2,168 Saratoga County: 3,999

Average Room Nights Sold (Saratoga County, 2024- 2025) 39,074

Average Revenue Per Available Room (RevPAR) (Saratoga County, 2024-2025) $116.58

Average Daily Rates (City of Saratoga Springs, 2024) Low (January): $126 Peak (August): $272

B. THE PARK

Saratoga Spa State Park is a National Historic Landmark that was established as a state reservation in 1908. The 2,724-acre park includes 60 developed acres, 391 managed acres, and 2,273 acres of natural or undeveloped lands. It contains protected natural wetlands at the south end of the park, endangered Karner Blue Butterfly conservation areas at the north end of the park, and the only spouting geysers east of the Mississippi River. The park’s iconic mineral waters flow continuously, which the park highlights through a plentitude of exhibits and tours to entertain and enlighten visitors to the history and uses of the waters. Annual attendance at the Park exceeds three million visitors a year.

When Franklin D. Roosevelt was Governor of New York State, he commissioned architects to design a grand spa in Saratoga to compete with European spas, leading to the construction of a ten-building complex of Georgian Revival style buildings at the Park. The campus was dedicated in 1935 and throughout the 1930s, 1940s, and 1950s, the spa was a nationally and internationally popular destination for devotees of the various hydrotherapeutic treatments offered in Saratoga. In 2024, the European Historic Thermal Towns Association recognized Saratoga Spa State Park, and the City of Saratoga, as the most important historic spa town in North America.

Since then, the Park has been developed to add more amenities, which include two public pools;

the Geyser Creek Picnic Area; volleyball courts, softball fields, disc golf, and clay tennis courts;

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 5 over twelve miles of trails maintained for hiking, jogging, running, and cross-country skiing in the winter; and the Creekside Classroom environmental education center. The park is the setting for numerous athletic events attracting participants from near and far.

In addition to the Hotel, there are several other popular facilities that draw visitors to Saratoga Spa State Park that are operated under a variety of licenses and cooperative agreements. These include the:

Roosevelt I Bathhouse and Spa- this popular facility provides year-round spa and mineral bath treatments.

Saratoga Performing Arts Center (SPAC)- a renowned outdoor amphitheater hosting dozens of large draw concerts during the summer season.

Hall of Springs banquet facility- the venue operates year-round as a sought-after venue for large parties, weddings, and events.

Saratoga Spa State Park Golf Course- hosting an 18-hole Championship Course and 9-hole Executive course, averaging approximately 75,500 combined rounds annually.

Saratoga Automobile Museum- this attraction is open year-round and features outstanding temporary and permanent exhibits in an architecturally unique space.

Children’s Museum at Saratoga- a daily draw for younger children, families, and caregivers.

58 Roosevelt Bar & Grill- a restaurant and bar located adjacent to the golf course and Victoria

Pool.

C. RECENT PARK IMPROVEMENTS

The Peerless Pool Complex reopened in June 2026 following a major renovation to improve the accessibility and recreational appeal of the zero-depth entry Olympic pool, children’s wading pool and stream with fountains and updated areas for families, and a slide pool with two spiral slides.

The Spa Little Theater, which is operated by SPAC, is undergoing a $12 million renovation and is slated to reopen in late 2026.

Improvements to the Hotel include: refurbishment of the restaurant (2018); guest room refresh, hotel heat pump replacement, replacement of the A/C unit, oven and range at the restaurant, GP Automated Logic Building Controls- HVAC, and hotel roof rehab (2019); New water cooled A/C unit, new steam pipe for the Garden Room, and convention center roof rehab (2020); Replacement of the steam system pump, guest network upgrade, and replacement of four meeting room A/C units (2021); installation of new flooring in two dining areas (2022); room furniture replacement and guest elevator modernization (2024).

D. REPORTED PARK ATTENDANCE

Saratoga Spa State

Park

2021 2022 2023 2024 2025 2026* Annual Average

3,233,826 3,456,354 3,522,871 3,908,795 3,702,737 3,061,073 3,564,917 *2026 Park attendance is through August and not included in the annual average

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 6

E. BUSINESS HISTORY

Concession Gross Receipts as reported for calendar years 2021 – 2026 are set forth in Exhibit “C” of this RFP.

VI. PREMISES

An annotated map of Saratoga Spa State Park identifying the location of the Premises is annexed as Exhibit “B”. Floor plans are annexed in Supplement 1. The Hotel is served by municipal water and sewer. Electricity and natural gas services are provided by National Grid. Fiberoptic communications services via Spectrum are available.

Gideon Putnam Hotel & Conference Center: This five story, 124 room Georgian Revival style hotel was constructed in 1935. The property is located within walking distance to SPAC and includes event and meeting spaces, a fitness center, and a full-service restaurant and bar.

The original structure consisted of approximately 64,000 SF across five floors, with the fifth floor converted to guest rooms in the 1950’s. The 20,000 SF basement currently consists of mechanical systems, administrative offices, housekeeping, maintenance support, and storage. In 1942, the west wing was built and is used for guest accommodations, consisting of four floors and an attic. Each floor is approximately 16,000 SF. The Arches Room, added in 1970, is a one-story addition consisting of 4,540 SF and offers an additional dining/reception area located next to the lobby.

The Conference Center was added in 1978 and can be divided into four separate conference rooms of 1,460 SF each or serve as one large 5,840 SF space with an additional kitchen and support spaces. The Conference Center has its own entrance and lobby but is also connected to the Hotel via the business center and service corridors to the kitchen facilities.

VII. OVERVIEW OF OPERATING HISTORY & CURRENT USE

In its original configuration, the Hotel served as temporary residence for families visiting patients “taking the cure” in the mineral waters of the Saratoga Spa. Later, the hotel was operated seasonally, serving primarily the well-to-do who came to Saratoga Springs in the summer for the thoroughbred horse races and other resort entertainments. Today, the clientele is a mix of leisure travelers and cor-porate and business guests.

Located roughly 2.5 miles from Downtown Saratoga Springs, the Hotel’s setting in the Park offers peace, access to trails, proximity to SPAC, and the Saratoga Racetrack. Since 2009, the number of hotels and short-term rentals with modern amenities and accommodations has led to increased com-petition in the Saratoga lodging market.

Since 2021, the Hotel has operated seasonally from April through November, opening Thursday–Sun-day until Memorial Day, then daily through November. It remains closed December through March.

The seasonal operations have helped boost key metrics compared to 2019 when the hotel was open year-round, including occupancy rates and revenue per available room. Greater information regarding occupancy rates, average daily rates, and revenue can be found in Exhibits “C” and “D”, respectively.

The Hotel has a broad regional appeal with a significant majority of guests coming from outside the state. Key feeder markets for the Hotel are Massachusetts, New Jersey, and Connecticut.

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 7

The Hotel and Roosevelt I are subject to a collective bargaining agreement among the current concessionaire and Gaming Trades Council AFL-CIO. State Parks is not party to any such agreement.

VIII. HISTORIC PRESERVATION AND HISTORIC PRESERVATION TAX CREDITS

The Hotel is listed on the National Register of Historic Places (“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 provides for national and international prominence, marketing and networking opportunities though the Historic Hotels of America program, and 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.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/

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. Preservation projects are evaluated on a case-by-case basis according to the specific facts and circumstances of the building and planned rehabilita-tion. 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 compre-hensive 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:

A. Exterior features: Ornamental/decorative features such as door surrounds, columns and bases, capitals, cornices, balustrades; doors and windows; dormers; porches; slate shingle and standing-seam metal roofing.

B. Interior features: Circulation/plan: double-loaded corridors, staircases and elevators; Principal first-floor public spaces: main lobby, gift shop, bar, dining room, meeting spaces (existing dimen-sions and decorative treatments); Existing finish/decorative treatments, including murals: flooring, plaster walls, ceilings and cornices; woodwork and trim.

https://www.nps.gov/subjects/taxincentives/before-apply.htm 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 X001531 Saratoga Spa SP Gideon Putnam Hotel Page 8

IX. PREMISES CURRENT CONDITION

A facility condition assessment of the Hotel was completed in September 2025 and is available upon request. An executive summary of the opinion of probable cost for all facility repairs and updates for the Hotel is annexed in Supplement 1. Note that these estimates may not be representative of the capital improvements an incoming Lessee would need to complete, depending on the operating and capital investment plan for the Premises.

The Hotel’s historic structure remains fundamentally sound. All major sections of roof, except for sections of the west wing addition, have been replaced or repaired.

Some outdoor areas exhibit cracked sidewalks, damaged stairs, deteriorating retaining walls, and aging pavement that present tripping hazards and drainage issues. Inspections confirmed the presence of asbestos-containing materials and lead-based paint in areas slated for renovation at the Hotel. No pol-ychlorinated biphenyls (PCBs) were detected.

Priority repairs focus on guest and staff safety, operational efficiency, code compliance, and the long-term preservation of this iconic hotel. Priority repairs may include, but are not limited to:

A. Architectural Building Repairs: replacement of missing roof slates; clean and repoint brick ma-sonry; repair and patching of concrete; restoration or replacement of windows and screens; and scrape, clean and repair of plaster in arcade; repair/replacement of rotting wooden railings, trim, and exterior doors. The hotel’s slate roof was partially replaced in 2023 and is in good condition, while older slate and flat roofs require monitoring and improved drainage. Stairways used for emergency exits do not meet modern width standards but may remain unchanged due to the build-ing’s historic designation.

B. Structural Repairs: repointing brickwork; replacing failed foundations; adding drainage barriers;

and reinforcing high-traffic areas.

C. Electric Repairs: upgrades to electrical panels, exit signs and old lighting systems. The main power service was replaced after flooding.

D. Mechanical and Plumbing Repairs: replacing outdated rooftop units, heat pumps in meeting spaces, and bathroom exhaust system; full renovation of basement restrooms; upgrades to the do-mestic hot water circulation system; expanding fire sprinkler coverage. Mechanical and plumbing systems are operational, but aging. The central steam boiler is in acceptable condition.

X. SCOPE OF CONCESSION

This RFP invites proposals for the improvement, maintenance, preservation, management, and operation, of the historic Gideon Putnam Hotel. Operations include sustainable lodging, and dining services at the Premises commencing for the 2028 operating high season; however, to accommodate a timeline for significant Lessee renovations to the Premises, State Parks will consider proposals that contemplate deferment of the operational commencement date. All proposals must contemplate that all operations included in this RFP will be performed by the Lessee at its sole cost and expense. Lessee is expected to establish and operate under a sustainable business plan and philosophy that encourages, attracts, accommodates, and facilitates excellence in a historic/boutique type experience at the Gideon Putnam Hotel, as well as in food and beverage service, while protecting and enhancing the historic

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 9 assets of the properties and executing customer service in harmony with existing Park uses and schedules. State Parks encourages proposals that include innovative ideas and offerings to support sustainable year-round operation of the Premises.

A. Gideon Putnam Hotel & Conference Center Operations

1. The Lessee must employ a fully-qualified Manager who will provide on-site management and operation of the Premises. The Manager shall have at least three (3) years’ experience as a manager of a facility of a similar nature.

2. Lessee may operate a small gift shop for the convenience of guests.

3. Lessee must provide free internet and wi-fi services for hotel guests.

4. State Parks will consider proposals that contemplate conversion or renovation of the Conference Center to include additional or enhanced amenities exclusively for Hotel guests.

Such amenities may include limited spa offerings that do not directly compete with the Roosevelt Spa(s). All hotel wellness offerings shall be limited to non-competing guest offerings pre-approved by State Parks.

B. Gideon Putnam Restaurant

1. Lessee is required to operate the Gideon Putnam restaurant located in the Hotel.

2. All menus must include a variety of healthy food options that are fresh, low in sugars and fat, and contain no artificial preservatives or artificial additives. Fried foods should be kept to a minimum and healthy beverage options (e.g., water and low sugar juices) shall be offered.

Lessee must participate and collaborate in good faith with New York’s Taste NY initiative.

3. The Lessee is permitted to sell alcohol at the restaurant, provided the Lessee obtains the appropriate liability insurance and licenses from the State Liquor Authority (SLA). Please refer to Section 8 of the Sample Lease, Special Operating Requirements, for additional requirements.

The Concession operating schedules, including hours of operation, shall be coordinated with Park Management prior to the start of each season and may be adjusted upon State Parks’ approval. Lessee should be flexible to extend hours of operation to satisfy patron demand.

XI. RFP REQUIREMENTS

A. Due Diligence: A respondent must rely on independent research and investigations for all matters relating to development of a proposal including, without limitation, assessing business case, market analysis, projected revenue, costs and opportunity for profit, construction projects and facility improvements. The Premises will be made available to Lessee in “as is, where is” condition at commencement of the term.

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 provisions 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).

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

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 10

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

D. Sample Lease: A sample Lease is annexed to this RFP as Exhibit “F” 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 care-fully when preparing a proposal as there are limited opportunities to negotiate language or change the material terms and conditions set forth therein.

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

F. Capital Improvements, Repairs and Maintenance: The Lease requires, and proposals must contemplate, that all construction and finishing work, routine repairs and maintenance of the Premises during the term are the sole responsibility of the Lessee. Except as provided for in the Lease, State Parks is responsible for structural elements of buildings, but not the Premises. Capital improvements, repairs and equipment replacements funded by Lessee become the property of the State upon acceptance of completed work by State Parks.

G. Equipment purchases and replacements shall, to the extent possible, adhere to NYS Executive Order No. 22 (EO22) which directs State agencies to adopt a sustainability and decarbonization program and facilitate the transition from fossil fuel powered equipment. Equipment purchases and replacements made by the Lessee shall be electric unless site-specific exceptions exist as determined by State Parks.

H. Public Works & Code Compliance: In all contracts for Capital Projects, Lessee shall provide for the payment of at least the prevailing wage rate and prevailing supplements as determined by the New York State Department of Labor in accordance with the Labor Law. If Lessee receives a written determination from the New York State Department of Labor that its contracts for a particular Capital Project are not contracts for a public work covered by Article 8 of the Labor Law, State Parks may, in its sole discretion, waive the contractual requirement to pay prevailing wage contained in this subsection. Such waiver by State Parks is not and will not be deemed to be a determination of whether a particular Capital Project is a public work covered by Article 8 of the Labor Law. Lessee is solely responsible for ensuring compliance with the requirements of Article 8 of the Labor Law, including payment of prevailing wage rates, payroll reporting requirements, and contractor registration requirements. The New York State Uniform Fire Prevention and Building Code and other applicable federal and state laws, rules, codes and regulations and executive orders apply to construction, including without limitation those relating to the ADA, energy, and efficiency initiatives. State Parks is the Authority having jurisdiction in the administration of the NYS Building Code for this facility. All Building Permits shall be issued by

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 11

State Parks. A respondent should carefully investigate the cost implications of applicable code requirements in developing a proposal.

I. Concession Service, Offerings, Menus & Pricing: The operating schedules for the Concession are subject to approval by State Parks. Respondents shall submit sample menus and pricing for proposed lodging rates, and food and beverage offerings. Menus and prices are subject to approval by State Parks and must reflect high-quality and a variety of fresh and healthy options, appealing to a diverse clientele. Reasonable market-based prices and customary fees and charges should be incorporated into Lessee’s business plan.

J. Taste NY & Local Food: 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.

K. Transition of Service: There are currently no events or hotel bookings beyond the expiration date of the current contract. Should the current Lessee book events or hotel reservations, the new Lessee shall use best efforts to avoid or minimize interruption in lodging and special event services, including with respect to current and future bookings for lodging reservations, and events. This includes a commercially reasonable effort to honor carryover bookings and commitments to the fullest extent possible in order to accommodate the Park’s clientele and to preserve the reputation and good will of Saratoga Spa State Park. State Parks is not a party to the current Lessee’s lodging and event contracts and all deposits taken to date are within the sole control of the current Lessee.

If the selected respondent under this RFP is not the current Lessee, State Parks anticipates that a negotiation will ensue between the current Lessee and the new Lessee with respect to the transition of operations relating to future bookings, status of deposits, etc.

L. 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.

M. 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.

N. 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

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 12

“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.

O. 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.

P. Taxes: There are no property taxes associated with the Premises. Lessee is responsible for payment/compliance with all applicable state and local tax requirements, including sales tax.

Q. 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.

XII. MINIMUM FINANCIAL REQUIREMENTS

Proposals must meet the following minimum financial requirements:

A. Bid Security Deposit: Proposals must be accompanied by a certified or bank check in the amount of Fifteen Thousand ($15,000) Dollars payable to “NYS Parks” to serve as bid security. If the required bid security is not included, the proposal will be disqualified and returned.

B. Minimum Rent: A minimum rent of at least 3.5% of Gross Receipts, as defined in the Sample Lease, over the term is required.

If a respondent does not offer at least the required minimum Rent, the proposal will be disqualified and returned. Respondents may provide an escalating or enhanced rent above the required minimum fee; but an enhanced or escalating fee must 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: To qualify for consideration for this opportunity, a proposal must include a minimum capital investment commitment in the Premises of not less than $5,000,000.00. The Lessee is responsible for investing all capital necessary for the needs of the facility and implementation of the proposal. The capital commitment must be expended on capital projects formally approved by State Parks. In consideration of the specialized scope of this Lease, periodic refreshment of the guest rooms may be considered for credit against this obligation;

provided however, the larger needs of the Hotel are the primary focus of the executed capital investment. All such considerations should be put forth in the submitted phased capital plan (see Section XIII.B.3 below).

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 13

For evaluative purposes, the highest and best value of capital investment is in the plan and its projects. Detailed information regarding the capital plan is included in Sections XIII.B.3 and

XVI.A.&B.

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 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.

E. Utilities & Trash Removal: Lessee is solely responsible for all utility costs, including, without limitation, electricity, fuel oil, natural gas, telephone services, cable television, internet services, domestic water, and sewage disposal, as directly billed from the service provider(s). Lessee is solely responsible for all costs of trash removal and recycling services, including the removal of grease or specialty waste, as directly billed by the service provider(s).

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 F.

G. Bonds: Lessee shall be required to procure and maintain financial payment and capital Bonds, 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, and any other financial obligation of the Lease, for the first full year of the term, subject to adjustment every three years in State Parks’ discretion. A capital bond or other approved security to ensure performance of the Lessee’s capital investment commitment may be required in a principal amount equal to the commitment; the value of the capital bond may be reduced as the Lessee’s capital projects are completed and approved by State Parks. Statutory labor and materials payment bonds are also required for certain work as set forth in the Sample Lease, Attachment C.

XIII. GUIDANCE ON FORM & CONTENT OF PROPOSALS

Proposals should clearly and concisely state the unique capabilities, experience, and strengths of the respondent, and demonstrate sufficient financial resources and professional 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 inviting, high-quality lodging, and food and beverage services 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

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 14 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:

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 capital investment, revenues, and expenditures should be clearly disclosed.

b. Inclusive of all financial requirements of this RFP, including, without limitation, the pro-posed Rent, Capital Investment, utilities payments, RR&M obligation, 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. 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 lodging rates, menus and restaurant 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 RR&M plan including the maintenance, upkeep, and periodic refurbishment of the Premises.

3. Capital plan: Plan for contemplated capital projects, including phased improvements for capital repairs to be undertaken as needed throughout the entirety of the proposed term. Respondents are to include any planned renovations to realize their vision and projects that have been identified in the facility conditions assessment Executive Summary included in Supplement 1 to this RFP, a copy of the full assessment is available upon request. The proposed capital commitment should reflect a respondent’s total investment including contingencies, and account for future capital repair or replacement projects supported by a budget and schedule.

For the purposes of this RFP, bidders should estimate capital plan expenditures based on prevailing wage rates. Applicability of Article 8 of the Labor Law mandating the payment of prevailing on public work projects is, however, subject to determination by the NYS Department of Labor.

C. Resumes and/or professional histories demonstrating background, education, and experience in park and analogous visitor services, including lodging, food and beverage, and related service development, 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

RFP X001531 Saratoga Spa SP Gideon Putnam Hotel Page 15 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 pan-demic operating environment, related lodging, and food and beverage concessions and services of comparable scope and scale to the Concession; including examples of similar projects completed, business enterprises developed, owned, or operated by respondent. Evidence of successfully sus-taining and operating a business throughout the pandemic, including the ability to recruit and retain qualified staff.

E. A minimum of three 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 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.

Proposals must include commercially reasonable evidence (such as a letter of reference or intent from a financial institution or surety) of the capacity to procure the required bonds and/or post another form of performance and capital security.

XIV. 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.

XV. PROPOSAL REVIEW

All materials comprising…