Knox RFP Stables

7/25/2019 Knox RFP Stables

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NEW YORK STATEOFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

Request for ProposalsX001255Adaptive Reuse and/or Operation of Equestrian Structures atKnox Farm State Park, East Aurora, New York


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NEW YORK STATEOFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

Request for ProposalsAdaptive Reuse and/or Operation of Equestrian Structures atKnox Farm State Park, Aurora, New York

License X001255

The Office of Parks, Recreation and Historic Preservation (State Parks) is seeking proposals forthe adaptive reuse, improvement and/or operation of the equestrian structures in Knox Farm StatePark (the Park), East Aurora, Erie County, New York. The successful party (Licensee) will beresponsible for the provision of all concession services in accordance with the terms and conditionsset forth in this Request For Proposals (RFP) and the License to be subsequently issued by StateParks.

Term of the License

The term of the License to be issued to the successful proposer by State Parks shall be ten (10)years from approval of the License by the Office of the State Comptroller; provided however thatState Parks will consider proposals requesting a term in excess of ten (10) years that provide for aminimum of $1.0 million in capital investment in accordance with the requirements of section 3.09(d) of the Parks Recreation & Historic Preservation Law. Parties are advised that legislation hasbeen enacted that authorizes a term up to 40 years, however State Parks does not anticipategranting such an extended term unless extraordinary private capital investment is offered by thesuccessful proposer and the extended term is required to amortize the capital investment.

Request For Proposals Timetable

The following timetable is established for this RFP. This schedule is subject to change by StateParks and all such changes will be made through the issuance of Addenda to this RFP:

RFP Release Date: Wednesday, June 15, 2016

Initial Questions Due: Thursday, June 1, 2016

Proposals Due: Thursday, July 21, 2016 at 5:00 P.M. EST

Must Be Received At: NYS Office of Parks, Recreation, and Historic PreservationConcessions Management Bureau625 BroadwayAlbany, NY 12207(518) 486-2932


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RFP X001255 Knox Farm Equestrian CenterProposal Guidelines

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History & Background

Knox Farm State Park was once a working farm and the residence of the Knox family. Amongtheir many interests were the raising, breeding, training and care of horses. Extensive facilities

including stables, trails and a riding ring were built on the property. Those equestrian facilitieswere included with Knox Farm when it became a state park in 2000. At present the equestrianstructures subject to this RFP are underutilized and present an opportunity for appropriate andpark-compatible adaptive reuse that will activate the premises, attract new visitors, and contributeto quality of life and park sustainability.

Mission Statement & RFP Objectives

The mission of State Parks is to provide safe and enjoyable recreational and interpretiveopportunities for New York State residents and visitors, and to be responsible stewards of our

valuable natural, historic, and cultural resources. State Parks operates with the objective ofconserving, enhancing, and protecting the natural, ecological, historic, cultural and recreationalresources of its properties for the benefit and pleasure of existing and future generations.

The specific objectives of this RFP are as follows:

Create a mutually beneficial public/private partnership to stabilize and preserve theequestrian structures and associated land through sensitive historic rehabilitation, reuse, andmaintenance that will restore and protect the integrity of the structures and meet thestandards of all applicable codes, rules and regulations.

Develop a strong recreational, cultural, and/or educational program to activate thepremises, such as without limitation activities relating to conservation, environmentalawareness, healthy foods, organic agriculture, and/or interpretation of the historic contextof Knox Farm State Park.

Establish and integrate a project in a manner compatible with the current operation of thePark, existing uses, and the Parks environmental setting for the benefit of the public.

Secure fair consideration for use of the premises in the form of infrastructure or capitalimprovements, continuous maintenance and/or license fee payments.

State Parks strongly encourages proposals, participation and collaboration consistent with NewYork States Taste NY initiative. Taste NY was launched by Governor Andrew Cuomo in 2013 topromote New Yorks food and beverage heritage and related industries. It is overseen by theDepartment of Agriculture and Markets and has created opportunities for local producers toshowcase their goods at large public events such as the PGA Championship and the Great NewYork State Fair. In this context, the structures available for adaptive reuse in this RFP mayaccommodate a micro-brewery, distillery or winery, as well as complementary food, beverage andretail concessions and visitor services, such as events, tours, educational classes anddemonstrations.


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While adaptive reuse of the structures is a central goal of the RFP, State Parks invites proposals tore-establish or incorporate traditional equestrian-based and farm activities, and other concessions tothe park, including without limitation:

1. Stabling and boarding of horses (there are 39 stalls in two existing stables)

2. Polo matches and equestrian shows

3. Concerts/Festivals

4. Weddings, Corporate and group events

5. Trail rides, horse-drawn wagon and sleigh rides

6. Compatible agricultural activities that support core programs

7. Education programs.

Structures and Land available for this RFP

Attachments A-1 and A-2 describe in more detail the facilities and structure available at the parkfor purposes of this RFP. Proposals may include some or all of the following:

1. The land area(approximately 80 acres) in the southeast section of Knox Farm State Parkas indicated on Attachment A-1.

2. Equestrian structures, shown in more detail on Attachment A-2, as follows:

An 11,200 sq. ft. main horse barn, measuring 38x 234plus two wings, includes 29stalls. The building is steel and concrete construction with a white stucco exterior, clay

tile roof, and copper gutters and downspouts. It includes a tack room with fireplace and

small office as well as mens and womens restrooms. There are two apartments on the

second level available for the stable manager or other staff associated with the operation.

Note: Licensee may not offer, provide or rent residential space in the stables toanyone not employed by the Licensee and not directly involved in the managementand operation of the activities authorized by the concession license.

The white frame stableis located southwest of the main barn and contains 10 stalls.This building has clapboard siding and an asphalt shingle roof, with a gross area of 2,368

square feet. The large garage, also wood-frame construction with a white stucco exterior,is available to the Licensee.

These structures are eligible for listing on the State and National Registers of HistoricPlaces. All capital improvement projects and interior or exterior modifications to be


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undertaken by the Licensee are subject to the prior review and written approval of StateParks, and shall be completed in accordance with all State codes, rules and regulations,including, when applicable, historic preservation review. Reviews for impacts on historicstructures will be guided by the Secretary of the Interiors Standards for Rehabilitation of

Historic Structures; these standards and further explanatory material may be found athttp://www.nps.gov/tps/standards/four-treatments/treatment-rehabilitation.htm.

3. The three gambrel roof barns in the dairy complex near the park entrance are availablefor uses that are consistent with the Licensees overall program and compatible with thelocation in the park and surrounding park activities.

Note: The equipment shed, sheep barn and fiber arts shed are not included in thisRFP and will not be included in the License awarded hereunder.

4. Facility managers residence, adjacent to the stable complex will be available for rentalby the Licensee after the October 31, 2016. The residence is approximately 1200 squarefeet, two stories, cedar shake siding (painted), asphalt shingle roof (8 years old), unfinishedbasement, 3 bedrooms, 1 full bathroom, 1 smaller room (office or small bedroom), kitchen,combined living room/dining room, a mix of carpeting and hardwood flooring, no garage.When the residence becomes available the monthly rental fee will be $895, and subject toannual increments. Occupancy of the residence is an option and not a required element ofthe proposal.

Note: Licensee may not offer, provide, rent or sublease the facility managersresidence to anyone not employed by the Licensee and not directly involved in themanagement and operation of the activities authorized by the concession license.

5. Two additional residences, located at 383 Buffalo Road and 387 Buffalo Road, are alsoavailable to the Licensee for renovation and subsequent occupancy by a member of the

Licensees corporation. These are options, not required elements of the proposal.

Note: Licensee may not offer, provide, rent or sublease the residences to anyone notemployed by the Licensee and not directly involved in the management andoperation of the activities authorized by the concession license.

Both structures are in poor condition and will require substantial renovations. In return forthe investment in renovation of the buildings, Licensee may occupy the renovatedresidences for a period not to exceed ten years. After that time Licensee may continue

occupancy on a rental basis based on a monthly rental fee that reasonably reflects localmarket conditions as they exist at the time.

Estimated costs to make the buildings code-compliant and habitable are as follows.Interested parties are strongly advised to obtain their own engineering cost estimates.


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383 Buffalo Road (approximate cost):$20,000 for foundation repair$20,000 for siding replacement$15,000 for window and door replacement

$15,000 for ceiling and wall drywall replacement$35,000 for completely rebuilding front and rear porches$10,000 for unknowns that may be discovered once opened upTotal: $115,000

387 Buffalo Road (approximate cost):$20,000 for foundation repair$20,000 for siding replacement$15,000 for window and door replacement$15,000 for ceiling and wall drywall replacement$35,000 for completely rebuilding front and rear porches

$8,000 for rebuilding the garage$10,000 for unknowns that may be discovered once opened upTotal: $123,000

The Park also affords a limited network of trails suitable for horseback riding. While the trails arenot included in the License and will not be under the management or control of the Licensee, thetrails may be incorporated into the Licensees program. Note that these are multi-use trails,accommodating walkers, runners, dog walkers and others and cannot be restricted to onlyequestrian use.

SEQRA Compliance, Permits and Approvals

State Parks is obligated to comply with the requirements of the State Environmental QualityReview Act (SEQRA) and will act as the Lead Agency for purposes of SEQRA review. Allpotential impacts to not only the Licensed Premises but also other areas of the State Park andsurrounding areas require identification and evaluation. The selected developer will be expected tofully cooperate with State Parks in accomplishing the SEQRA review. The costs associated withthe SEQRA process are the sole responsibility of the selected developer even if the proposal is notimplemented as a result of the SEQRA process. For this reason, prospective candidates arestrongly advised to familiarize themselves with SEQRA guidelines. Compliance with SEQRArequires the consideration of alternatives, including a no build alternative, all of which must beadequately addressed in the SEQRA documentation. If during the preparation and review of anenvironmental assessment it becomes apparent that there may be a significant environmentalimpact, the selected developer may be required to prepare a draft environment impact statement(DEIS) and final environmental impact statement (FEIS) pursuant to SEQRA procedures, onbehalf of and under the direct supervision of State Parks. These will be drafted for State Parksreview and acceptance as lead agency. Signature of the License is contingent on completion of theSEQRA process.


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Construction and Building Guidelines

The New York State Building Code will apply to all work and structures. Development and use

must comply with federal Americans with Disabilities Act and implementing regulations andstandards.

As previously noted, the structures included in the Licensed Area are eligible for listing on theState and National Registers of Historic Places. Reviews for impacts on historic structures will beguided by the Secretary of the Interiors Standards for Rehabilitation of Historic Structures; thesestandards and further explanatory material may be found at http://www.nps.gov/tps/standards/four-treatments/treatment-rehabilitation.htm.

The Licensee is required at its expense to obtain from all appropriate government authorities allconstruction and ancillary approvals for the development of the site including, but not limited to,

all building permits and approvals that would be required if the selected developer were the feeowner of the site. The Licensee is required to comply with all applicable federal, state laws andregulations, including any historic preservation laws and regulations, as applicable.

The Licensee shall have no rights to the use or occupation of any of State Parks lands adjoiningthe project for purposes of staging, storage, construction, access, scaffolding or any other purposewithout first obtaining a Special Permit from State Parks. The Special Permit shall containprovisions deemed material and necessary for State Parks to safeguard Park patrons and Parkproperty and shall include specific provisions for appropriate insurance, indemnification and termsof use.

Please refer to Attachment C and Appendix A, included with the Sample Draft License in thisRFP, for additional information concerning construction projects.

Green Buildings Executive Order 111

All new and substantially renovated buildings of 20,000 gross square feet or larger being designed,constructed, operated, managed, or maintained by State Entities shall, to the maximum extentpracticable, be constructed in a way that they meet the criteria for a rating from the United StatesGreen Building Council (USGBC) using the LEED (Leadership in Energy and EnvironmentalDesign) Rating System. This would include buildings for State Entities whose design andconstruction is funded privately. In addition, all new buildings affected by the Executive Order

must comply with specified criteria from the Green Building Tax Credit.

For more information on the LEED Rating System see http://www.usgbc.org. For moreinformation on the Green Building Tax Credit please see www.dec.ny.gov/regs/4475.html. Todownload a copy of Executive Order 111 please see www.nyserda.ny.gov.


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Facility Operations

1. Under this License the Licensee will be responsible for all maintenance and operation coststhat pertain to the approved adaptive reuse/ concession operations within the Licensed Premises.This includes, without limitation, all utilities, barns and stables, fences and grounds maintenance.All fences within the licensed area are the responsibility of the operator. Fence maintenanceincludes replacement in kind with split rail fencing.

2. Licensee will have use of and be responsible for maintenance of the pastures within theLicensed Premises, including development and implementation of a pasture management plansubject to State Parks approval. Any equipment necessary for pasture maintenance shall beprovided and maintained by Licensee.

3. Reasonable market-based fees and charges may be incorporated into Licensees businessplan, and are subject to the prior written approval of State Parks. However, exclusive membershipsor similar mechanisms that limit access and are incompatible with the property maintaining its

status as a place of public accommodation will not be approved.

4. Licensee is responsible for pest control on the Licensed Premises, in accordance with awritten pest control plan approved by State Parks. Use of rodenticides or other poisons isprohibited unless specifically provided for in a written plan approved by State Parks.

5. Any vehicles or trailers kept on the premises must have a current license and registrationissued by NYS Department of Motor Vehicles. Trailer storage will be restricted to an areadesignated by the Park Manager.

6. Any horse brought into the Park, whether for stabling, boarding, training or other purposes

shall have a current negative Coggins Certificate and proof of vaccination on an annual basisagainst the diseases commonly known as Eastern and Western Equine Encephalitis, Strangles,Rabies and Flu/Rhino. Licensee shall maintain a record of such vaccinations on premises and shallprovide copies to State Parks upon request.

7. Licensee is responsible for proper disposal of all manure, barn waste and agriculturalwaste/by-products in a manner that complies with applicable federal and state regulations. Anyequipment necessary to comply with such regulations is the responsibility of Licensee.

8. The sale of tobacco products on premises is prohibited.

UtilitiesThe existing facilities (main horse barn with apartments and white stable) share single electric andnatural gas lines with the Park Managers residence, which is separately sub-metered. Water andsewer are provided separately to the facilities; the residence is not included on that service. Utilitieswill be billed to and paid by the Licensee on a pro ratabasis; costs for the Managers residencewill be deducted prior to billing. If Licensee occupies the residence then all costs are theresponsibility of the Licensee. Estimates of recent costs follow.


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Utility TypeTotal Annual

CostMangersResidence

Estimated AnnualLicensee Cost

Natural Gas $7,400 $1,700 $5,700

Electricity $3,700 $1,600 $2,100Sewer & Water $700 - 0 - $700for the period 06/2009 07-2010values rounded

Utility costs cited above are historical data and provided for illustrative purposes only. Licensee issolely responsible for utility charges as billed by State Parks. As part of any capital construction orrenovation project that requires utilities Licensee may be required to install separately meteredutility lines.

Notes1. Site inspection is mandatory. All interested parties must make an appointment to visit the

site. Park personnel will accompany each inspection party. Call Mr. Ron Peters, DeputyGeneral Manager, at 716.278.1799 for an appointment.

2. All inquiries regarding the RFP must be addressed in writing to:

Christopher M. Pushkarsh:Director, Regional Operations and Resource DevelopmentPhone: 518.474.0440; Fax: 518.473.3921Email: [email protected]

Written responses to inquiries, as appropriate, will be issued to all interested parties in theform of addenda to the RFP.

3. Written addenda issued by State Parks shall be the only authorized method forcommunicating a clarification of modification of the timeline or terms of this RFP. Biddersmay contact the Agency as referenced above, prior to submission of a proposal to verifyreceipt of the RFP and any issued addenda.

4. This RFP is not an offer or a binding commitment to contract on the part of State Parks.State Parks retains the right to postpone or cancel this RFP or to reject all proposals if itdetermines in its sole discretion that the best interests of the State will be served thereby.State Parks reserves the right to select the successful proposal(s) without conductingnegotiations.

5. All procurements are treated separately and information provided in either a different bidresponse or a previously awarded contract and mentioned by reference is not acceptabledocumentation. All information requested must be presented in full with each bid responseas required by New York State Procurement Guidelines.


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6. Prospective proposers are advised that Section 73(8) of the New York Public Officers Lawprohibits State Park employees from undertaking a service contract with State Parks for aperiod of two years following departure from State employment. The provisions of thissection apply equally to all New York State employees, regardless of whether the employee

was full time, seasonal or part time.

7. Should the agency be unsuccessful in reaching agreement on contract terms with theselected proposer, State Parks will conduct contract negotiations with the next responsibleproposer.

8. State Parks reserves the option to select the successful proposal without conductinginterviews or negotiations.

9. State Parks shall not be liable for any costs, expenses, or losses, including withoutlimitation, loss of business opportunity, claimed or incurred by any party in preparation of aproposal, or otherwise in connection with this RFP.

10. State Parks reserves the right to disqualify any party whose conduct and/or proposal fails toconform to the requirements of the RFP.

11. State Parks reserves the right to seek clarifications and revisions of any proposals submittedin response to this RFP.

12. State Parks may require clarification of issues within a proposal at any time during theprocurement process, and/or require correction of arithmetical, grammatical or otherapparent errors for the purpose of assuring a full and complete understanding of theproposal, and/or to determine compliance with the requirements of the RFP.

13. State Parks acceptance of a proposal does not imply that every element of that proposalhas been accepted or is approved.

14. Conditional or qualified bids may be rejected.

15. State Parks grants only a right to use the Licensed Premises as is/where is and withoutwarranty, and subject to Licensee performing all obligations contained in the License.

16. Licensee may be required to adhere to or utilize a standardized design style, format ortemplate for all advertisements as specified by State Parks.


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SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR 139-j and 139-k OF THE STATE FINANCE LAW

* This summary is not intended to replace the need for persons to become familiar with the

full requirements of the law. Please refer to the full text of the law to resolve any questionsyou may have with regard to your conduct under it.

Section 139-j of the State Finance Law imposes restrictions on how a person may communicatewith a governmental entity, such as the Office of Parks, Recreation and Historic Preservation(hereafter, referred as OPRHP), concerning a governmental procurement during a period of timecalled the restricted period, which is defined broadly as the period of time commencing from theearliest written notice announcing a government procurement until the award is approved by thecomptroller.

These new requirements cover a wide range of government contracting transactions, including the

purchase of a commodity, service, technology, public work, construction and revenue contract, orthe purchase, sale or lease of real property or the acquisition or the granting of other interests inreal property (hereafter referred as governmental procurement or procurement contract.) Anyperson in the private sector (hereinafter referred to as person) interested in contacting OPRHPconcerning anyone of these types of transactions is covered under the provisions of the new law,which limits the way that such person can communicate with OPRHP during the restrictedperiod.

For each governmental procurement, OPRHP will designate an employee or employees that maybe contacted by persons concerning all aspects of the governmental procurement. With very fewstatutory exceptions, you are required to communicate during the restricted period with this

designated person or persons. If your communication can be inferred by a reasonable person to bean attempt to influence the procurement, by law you are required to only communicate with thedesignated person or persons. If your communication is interpreted as an attempt to influence theprocurement, the designated person is required to record your name, address, telephone number,place of principle employment, and occupation of the person making the contact and inquire andrecord whether the person making the contact is a principle or was hired by the principle to makethe contact. This recorded information must be retained in the procurement record.

If, however, you communicate with someone other than the designated person or persons and yourcommunication can be construed by a reasonable person to be an attempt to influence thegovernmental procurement, and the communication is not otherwise listed as an exception to the

law, this communication will be deemed impermissible per the terms of the law which requires thatthe communication be reported to OPRHPs Ethics Officer for investigation. If a communicationduring the restricted period may be deemed an attempt to influence the procurement suchcommunication may only be with the individuals designated by OPRHP.

It is the policy of OPRHP to interpret as broadly as possible what communications are intended toinfluence the governmental procurement, and are not just those attempts to influence theprocurement in such a manner that would be in violation of the ethical prohibitions against gifts or


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which would result in any violation of the Ethics Law. Communications of a nature that are inviolation of the Ethics Law will be immediately reported to the Ethics Officer for investigationregardless of whether the contact was made to the designated person or persons or someone else.

As referenced before, the law specifically permits certain types of contacts by persons to OPRHPconcerning the governmental procurement. These are:

the submission of written proposals in response to a request for proposal, invitation for bidsor any other method for soliciting a response from interested parties;

the submission of written questions to a designated contact, when all written questions andresponses are to be disseminated to all persons interested in such procurement;

participation in a conference where all interested parties are invited to attend; written complaints made to the General Counsels Office of OPRHP concerning the timely

response to issues posed to the designated person, provided that such written complaintsare made part of the procurement record;

communications where the contract award has been tentatively made and where suchcommunications are necessary to negotiate the terms of the procurement contract;

requests made to the designated person or persons to review the procurement award; written protests, appeals, or other review proceedings to either OPRHP or an outside

agency.

Any contact alleged to be an impermissible contact under the law will be immediately referred toand investigated by OPRHPs Ethics Officer. The Ethics Officer shall promptly investigate theallegation by interviewing all employees or persons involved or who are believed to haveinformation about the impermissible contact. If sufficient cause exists to believe that suchallegation is true, the person being investigated shall be given notice that an investigation is

ongoing and such person shall be afforded an opportunity to be heard in response to the allegationeither by responding in writing or by providing a statement before the Ethics Officer, who shallrecord by appropriate means such statement for the record. The Ethics Officer shall keep a recordof the investigation and shall make a written finding of the results of such investigation and reportthese findings to the Commissioner. In addition, a finding by the Ethics Officer that a person hasknowingly and willingly violated the law by making an impermissible contact shall result in adetermination of non-responsibility and such person and all associated subsidiaries of such personshall not be awarded the procurement contract. The determination of non-responsibility shall alsobe forwarded to the Commissioner of the Office of General Services (or designee), which by law isrequired to keep a list of such determinations for public inspection. Determinations of non-responsibility must be disclosed in all future responses to New York State procurements. With few

exceptions, no procurement contract shall be awarded to any person who fails to disclose findingsof non-responsibility within the previous four years.

February 2006


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Designated Contacts

The following individuals are the onlydesignated contacts for the purposes of this RFP process:

Christopher M. Pushkarsh: Director, Regional Operations and Resource DevelopmentPhone: 518.474.0440; Fax: 518.473.3921Email: [email protected]

Ronald Peters: Deputy General Manager, Western District, Niagara Falls State ParkPhone: 716.278.1799; Fax: 716.278.1756Email: [email protected]

NOTE: A vendor is authorized to speak with representatives other than the designated contact(s)for the sole purpose of the site visit (to arrange attendance, during the conduct of the visit and posequestions regarding the site).

Summary of Minimum Financial Requirements

1. Proposals must include a mandatory capital investment commitment equal to 100% of costsnecessary to complete the proposed project(s). Proof of financing, with sufficient assets andliquidity to accomplish the project in the proposed time line, must be included in theproposal. Licensees capital commitment shall be expended according to schedulerecommended by Licensee in its response to the RFP, unless otherwise directed by StateParks.

In the context of this RFP, an expense is generally considered to be a capital expenditure by

State Parks when an asset with a useful life of more than one year is newly purchased, orthe expenditure is an investment that improves the useful life of an existing capital asset.Initial start-up costs and purchases such as signage, equipment, small wares, and tradefixtures necessary to launch a new venture may also qualify; however routine operating andmaintenance costs are specifically excluded. All assets purchased as part of the capitalinvestment obligation immediately become the property of State Parks.

2. All proposals must include detailed pro-forma statements of projected revenues,expenses and capital investments over the proposed term of the license. Please includecalculations of the amortization schedule used to determine the recommended term, with anexplanation of all assumptions incorporated into the schedule. For comparison purposes in

the evaluation of proposals, the relative value of all capital offers will be evaluated utilizingthe concept of present value or similar calculations.

3. a) The minimum annual License Fee is twenty-five thousand dollars ($25,000), whichshall escalate annually by the Consumer Price Index, but in no case shall decrease from theamount of the previous year.


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b) Each proposal must offer additional annual License Fees, expressed as a percentageof gross receipts and/or an annual flat fee. Proposals for additional annual flat fees shouldinclude a provision for escalation over time, such as adjustment through the ConsumerPrice Index. The minimum additional license fee is 5% of gross receipts or $5,000 per year.

c) All business activity conducted pursuant to the License is subject to License Feecalculations.

4. Licensee shall deposit $5,000 annually into a Replacement and Refurbishment Account.This amount shall escalate annually by the Consumer Price Index, but in no case shalldecrease from the amount of the previous year. The R&R Account provides a source offunding for new, replacement and refurbishment of the facilities of the Licensed Premisesand related equipment. These account contributions shall be distinct and separate from thelicense fees to be paid to State Parks, capital investment obligations and any maintenanceor operational obligations required by this License.

5. Licensee will pay all utility costs either directly billed or on a pro rata basis.

6. At its sole discretion, State Parks may require a performance bond or other securityacceptable to Parks as provided for in Section 6 of the Sample License.

7. At its sole discretion, State Parks may require a capital performance bond, letter of credit orother form of security in an amount to be determined by State Parks based on the financialstrength and credit-worthiness of the Licensee, and the risk presented by the successfulproposal.

8. Licensee shall be solely responsible for the payment of any and all applicable taxes,surcharges and/or fees required under this license, which fees shall be payable to the

appropriate federal, state and/or local agencies by the Licensee.

9. All costs associated with the provision of insurance as specified by State Parks. For specificrequirements please refer to Paragraph 36 of the attached Sample Draft License.

Form of Written Proposals

All proposals responding to this RFP shall be in writing and shall include all required attachmentsand certifications. Proposers shall use the Proposal Form included herein, which shall becompletely filled out in ink. The proposal and required forms must be signed by an officer orauthorized agent of the proposing party and submitted in a sealed envelope clearly marked: KnoxFarm Equestrian Concession Proposal X001255. All fee offers shall be made using theProposal Form included with this RFP. The License fee, once accepted by State Parks, shall bebinding upon Licensee.

Failure to submit proposals by the time and at the place described herein; or failure to comply withany of the requirements set forth in this RFP, or modification of the Business History Form orProposal Form in a proposal may result in disqualification of a proposal from consideration.


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Forms and Documents Required For Submission

All proposals should contain the following:

1. Concession Proposal Cover Page.

2. A completed and properly executed Proposal Form, including the Public OfficersCertification. All blanks must be filled in, and a License Fee and a Capital Investment mustbe offered.

3. A recommended length of term of the license should be included, with supportingdocumentation.

4. A complete written description of the substance of the proposal, including a detailed planof the manner in which Licensee will undertake to achieve the goals of this RFP.

5. The proposal must state if any of the optional structures (Park Managers house, one ormore of the three gambrel roof barns, and the single family homes 383 and/or 387 BuffaloAvenue) are included. If included, the narrative should discuss how the buildings will beused to support the proposed program, and include a restoration program for the gambrelroof barns and the single family homes on Buffalo Avenue.

6. A detailed business plan, including but not limited to a pro forma projection for theproposed term of the license (see sample on page 18) that identifies and accounts for allanticipated revenue sources, business and marketing opportunities to be captured, andanticipated expenses to be incurred by Licensee. A detailed project budget must beincluded. Note: State Parks may request the pro forma in an Excel workbook format.

Documentation of financial capability, including liquidity of assets, should be provided.

7. An operation plan that provides a detailed and comprehensive approach to themanagement, maintenance, development and improvement of the Licensed Premises.Staffing plans and days and hours of operation are to be provided.

8. Resumes and/or career summaries demonstrating the relevant background, education, andexperience of principal members of the Licensees firm or organization, project team andall key participants. An organizational chart and/or description reflecting the corporatestructure, chain of command, and/or composition of the proposing party and all participantsshould also be provided.

9. An assessment of the impact of the proposed development program on the resources,programs and facilities of Knox Farm State Park.

10. A duly completed and verified Business History Form, together with a current verifiedfinancial statement. The proposer must demonstrate the financial capability to undertakethe project as proposed. Bidders are requested to provide independently verifiable


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documentation of their financial capacity to undertake both the capital investment andoperational costs associated with their proposal.

11. If proposer is a not-for-profit, must include the entitys Mission Statement, Certificate of

Incorporation, By Laws, Tax Form 990, IRS Letter of Determination of 501(c)(3) statusand New York State Charities Registration number, if applicable.

12. Ten (10) complete copies of the proposal and all attachments. All copies must besubmitted with original signatures.

Supportive Materials to Be Submitted

Proposers are encouraged to include with their written proposals as much additional detail aspossible in order to completely illustrate and explain their proposals and business plan. Proposers

must provide an original and not less than ten (10) complete copies of the proposal on the proposaldate.Original signatures are required on all copies.

Modification or Withdrawal of Proposals

Proposals shall be firm and not revocable for a period of sixty (60) days unless withdrawn asprovided herein. Modification or withdrawal of a proposal must be in writing, dated and signed bythe signatory to the original proposal submission. The modification or withdrawal must besubmitted in a sealed envelope clearly marked Modification to Knox Farm EquestrianConcession Proposal X001255: Submitted by [Proposers Name]and will not be considered

unless actually received by State Parks prior to the time of the scheduled bid opening.

State Parks reserves the right to reject any proposal that is incomplete or non-responsive, orthat alters any required terms or conditions of this RFP, or that contains any otherirregularities. Please note that original signatures are required on all copies.

License Documents

The License to be awarded will include the following components:

1. Request For Proposals (RFP)2. Proposal Form & Successful Proposal3. General Conditions for State Parks Concession Licenses4. Attachment A - Description of the Licensed Premises5. Attachment B - Inventory of Equipment6. Attachment C - Requirements for Capital Improvement Projects7. Appendix A - Standard Clauses for New York State Contracts


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Award of the LicenseThe License will be awarded to the responsible proposer who best demonstrates relevantexperience and expertise; who, upon evaluation of all proposals received, best responds to thisRFP; who offers the best value to the state; and who, in the judgment of State Parks, will best serve

the public interest.

State Parks reserves the right to reject any and all proposals, and to waive technicalities,irregularities and omissions or solicit new proposals if, in State Parks judgment, the best interestsof the State will be served thereby.

Evaluation of All Proposals Criteria

Parties should carefully review the goals and requirements of this RFP, including all LicenseDocuments, Attachments and Addenda. All parties who submit a conforming written proposal may

be required to make a formal presentation of their qualifications and experience and elaborate onthe substance and assumptions of their proposal. Formal presentations will assist State Parks inevaluating written proposals (excluding financial components) against the criteria listed below.

Each proposal will be evaluated on criteria that will include the following:

Category A: Background and Experience - 30 Points

1. Detailed review of background and past performance on similar ventures.

2. Personnel: qualifications and experience of Proposers team; including, but not limited to,managerial capabilities, organizational structure, and training programs.

3. Business Plan and evidence of financial strength, stability, and business administration.

Category B: Response to the Request for Proposals - 45 Points

1. Proposal for the concession, including development, construction, operation, management,maintenance, and staffing plans.

2. Public image, marketing and promotion plans.

3. Capital improvement plans, including details on design and construction, project budget,

and experience of key staff

4. Assessment of the impact of the proposed development program on the resources,programs and facilities of Knox Farm State Park and appropriateness of proposal to thepark setting;


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Category C: Return to the State - 25 Points

1. License Fee: Parties are required to respond with an annual license fee offer for term of thelicense as expressed on the Proposal Form

2. Capital Investment: Parties are required to respond with a firm commitment of fundsrequired to complete the project.

The first two areas listed above (A & B) shall be evaluated by a State Parks Review Panel.Responses to item C constitute the total Return to the State (RTS). The proposal offering thehighest RTS shall be awarded the full 25 points allocated to this portion of the evaluation ofproposals. The points to be awarded to the proposal with the next and succeeding RTS will becalculated by computing each proposals RTS percentage of the highest RTS and multiplying thatpercentage by 25 (the total points available in this category). No decimal values will be considered.For evaluative purposes, decimal points are rounded down to whole numbers. The responsible

Proposer with the highest total (A through C) score will be awarded the license.

In the event that the scoring results in a tie, the License will be awarded to the firm with the highestaggregate scores in Categories A & B. Should State Parks unable to reach agreement on a contractwith the first place proposer the license will be offered to the proposer with the next highest score.

Unsuccessful proposers will be offered an opportunity to be debriefed by State Parks regarding thereasons why their proposal was not selected for award.

Freedom of Information Law

State Parks is subject to the Freedom of Information Law, which governs the process for the publicdisclosure of certain records maintained by State Parks (Public Officers Law, Sections 87 and 89).

Individuals or firms that submit proposals to State Parks may request that State Parks except all orpart of such proposals from public disclosure, pursuant to Section 87(2)(d) of the Public OfficersLaw, on the grounds that the proposal contains trade secrets, proprietary information, or that theinformation, if disclosed, would cause substantial injury to the competitive position of theindividual or firm submitting the information. Such exception may extend to information containedin the request itself, if public disclosure would defeat the purpose for which the exception issought. The request for an exception must be in writing and state, in detail, the specific reasons forthe requested exception. It must also specify the proposal or portions thereof, for which theexception is requested. If State Parks grants the request for exception from disclosure, State Parksshall keep such proposal or portion thereof in a secure place.


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Sample Pro FormaRevenue and Expense Projection

Year Y1 Y2 Y3 Y4 Y5 Y6 Y7 Y8

2013 2015 2016 2017 2018 2019 2020 2021

Projected Gross Receipts

Source 1 $ $ $ $ $ $ $ $ $

Source 2 $ $ $ $ $ $ $ $ $

Source 3 $ $ $ $ $ $ $ $ $

Total Gross Receipts $ $ $ $ $ $ $ $ $

Less: Cost of Goods Sold