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Request for Proposals X001171

Outdoor Recreation Programming and Related Facilities


Upper & Lower Niagara River, Niagara Falls, New York

Solicitation Issue Date: March 6, 2014 Tours of Project Sites (by Reservation): March 25 and April 1, 2014 Pre-Proposal Conference Call (by Reservation): April 8, 2014 Proposals Due: May 16, 2014 Jointly Issued by:

New York State Office of Parks, Recreation & Historic Preservation


Western District Prospect Park, PO Box 1132, Niagara Falls, NY 14303, 716.278.1799

USA Niagara Development Corporation


(A subsidiary of Empire State Development)

222 First Street, 7th Floor, Niagara Falls, New York 14303, 716.284.2556

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

Contents
INTRODUCTION .................................................................................................................................1 The Opportunity ................................................................................................................................... 1 Involved Agencies ................................................................................................................................. 1 BACKGROUND ...................................................................................................................................4 History of State Parks at Niagara Falls .................................................................................................. 4 Expanding the Necklace of Open Space along the River ...................................................................... 4 The Beginnings of Recovering Recreational Access to the Waterfront ................................................ 5 Recent Events that will Facilitate Outdoor Recreation......................................................................... 6 Buffalo Billion Investment Strategy ................................................................................................... 9 OVERALL OBJECTIVES AND EXPECTATIONS ....................................................................................... 10 A Network of Waterfront Activity Nodes ....................................................................................... 10 A Comprehensive Approach ............................................................................................................... 10 Partnership with the State .................................................................................................................. 13 Maintaining the Resource for the Future ........................................................................................... 13 A Phased Approach ............................................................................................................................. 14 THE MARKET FOR OUTDOOR RECREATIONAL PROGRAMMING.......................................................... 17 Niagara Falls, New York ...................................................................................................................... 17 Market Context ................................................................................................................................... 17 SUBJECT PARKS, OPEN SPACE LANDS, AND FACILITIES....................................................................... 18 Niagara Falls State Park ...................................................................................................................... 18 Upper River Trail/Robert Moses Parkway .......................................................................................... 21 Whirlpool State Park ........................................................................................................................... 22 DeVeaux Woods State Park ................................................................................................................ 24 Devils Hole State Park ........................................................................................................................ 26 EXISTING AND POTENTIAL NEW ACTIVITIES ...................................................................................... 28 Hiking/Trekking, Orienteering, and Birding ........................................................................................ 28 Bicycling .............................................................................................................................................. 28 Fishing ................................................................................................................................................. 29 Rappelling and Rock Climbing ............................................................................................................. 29 Zip Line/Canopy Tours ........................................................................................................................ 30 Horseback Riding ................................................................................................................................ 30 Winter Sports ...................................................................................................................................... 30 NOTES TO PROSPECTIVE PROPOSERS................................................................................................ 31 Site Visits/Pre-Proposal Conference Call ............................................................................................ 31 Questions/Inquiries ............................................................................................................................ 31 Addenda .............................................................................................................................................. 31 Not an Offer ........................................................................................................................................ 31

RFP for Outdoor Recreation Programming

Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

Public Officers Law Restrictions .......................................................................................................... 31 Insurance Requirements ..................................................................................................................... 31 Office of State Comptroller Review .................................................................................................... 32 Food Products and Other Commodities from New York Vendors...................................................... 32 Healthy Food Options ......................................................................................................................... 32 Other Terms/Conditions ..................................................................................................................... 32 THE LETTER OF INTENT AND THE CONCESSION LICENSE ..................................................................... 34 Letter of Intent.................................................................................................................................... 34 Concession License ............................................................................................................................. 34 REQUIRED ELEMENTS OF PROPOSALS ............................................................................................... 35 Cover Letter and/or Executive Summary............................................................................................ 35 Organization Information ................................................................................................................... 35 Experience and References................................................................................................................. 35 Overall Vision ...................................................................................................................................... 36 Preliminary Activity/Use Plan ............................................................................................................. 36 Preliminary Financial Plan................................................................................................................... 36 Additional Information ....................................................................................................................... 37 Required Forms and Certifications ..................................................................................................... 37 SELECTION PROCESS......................................................................................................................... 41 Evaluation Criteria .............................................................................................................................. 41 Process Timetable ............................................................................................................................... 42 Deadline for Submissions ................................................................................................................... 43 Freedom of Information Law .............................................................................................................. 43 Oral Presentations .............................................................................................................................. 43 Modification or Withdrawal of Proposals .......................................................................................... 44 GENERAL TERMS AND CONDITIONS .................................................................................................. 45 COMPLETION CHECKLIST .................................................................................................................. 48

Figures
Figure 1: Project Area ................................................................................................................................... 2 Figure 2: State Park and NYPA open space lands Lower Niagara River .................................................. 11 Figure 3: State Park and NYPA open space lands Upper Niagara River ................................................... 12 Figure 4: Niagara Falls State Park Facilities................................................................................................. 19 Figure 5: Whirlpool State Park Facilities ..................................................................................................... 23 Figure 6: DeVeaux Woods State Park Facilities .......................................................................................... 26 Figure 7: Devils Hole State Park Facilities .................................................................................................. 28

Attachments
Attachment A Standard Concession License Attachment B Respondent Questionnaire & Certification

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

INTRODUCTION
Among the largest public park/natural reserve systems in the nation, the New York State Parks System boasts 179 facilities with over 335,000 acres of land and over 2,000 miles of trails. Many New York State Parks specifically include support facilities and real estate venues intended to facilitate a full program of outdoor activities, ranging from providing opportunities for patrons to rent gear, get something to eat after a long day of hiking, or even stay overnight at a campsite or a heritage lodge.

THE OPPORTUNITY
In accordance with tourism initiatives being advanced by Governor Andrew M. Cuomo, the New York State Office of Parks, Recreation & Historic Preservation (State Parks") and USA Niagara Development Corporation ("USA Niagara"), are pleased to invite proposals from qualified companies, organizations and/or teams to participate in a unique opportunity. We are seeking a qualified master licenseeor a limited number of licenseesto establish, operate, and maintain a program of outdoor recreation activities and associated capital/real estate facilities in New York State Parks and on other open space lands owned by the New York Power Authority (NYPA) along roughly 11 miles of waterfront on the Upper and Lower Niagara River in Niagara Falls, New York (see Figure 1). The intent of the effort is to expand the amount/types of activities and experiences available to tourists and local residents in order to assist in growing visitorship and extending stays in the City of Niagara Falls, as well as to enhance the quality of life here. This Request for Proposals (RFP) is being issued for soliciting private sector participation in this opportunity. The purpose of the RFP is to solicit feasible concepts to establish an expanded program of outdoor recreational activities and associated real estate facilities to support such a program and to identify a wellRFP for Outdoor Recreation Programming 1 qualified team to work with the State to realize these concepts. At the end of the process, State Parks will enter into a Letter of Intent with the preferred team to establish parameters for any required design/feasibility, due diligence and environmental review that will lead to the issuance of a Concession License(s) for the subject recreational activities and associated real estate facilities.

INVOLVED AGENCIES
NYS Office of Parks, Recreation, & Historic Preservation
State Parks was created in 1972 as a result of passage of the New York State Parks, Recreation, and Historic Preservation Law. State Parks owns and operates all of New York's State Parks, historic sites, recreational areas, campsites, and other outdoor recreational facilities across the state. The agency owns and operates four State Parks within the targeted project area, including: Niagara Falls State Park; Whirlpool State Park; DeVeaux Woods State Park; and Devils Hole State Park.

Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

New York State Power Authority


NYPA owns a series of land areas along the Upper and Lower Niagara River associated with the original development of the Niagara Power Project, the regions major hydroelectric power plant completed in the early 1960s. These include: Lands along the Upper River between the North Grand Island Bridges and Niagara Falls State Park, which contain the Robert Moses Parkway and open space lands; and Selected land areas along the Lower Niagara River and Niagara Gorge extending from downtown Niagara Falls to NYPAs power generation facilities in Lewiston.

Under State highway law, State Parks also owns the Robert Moses Parkway, a highway system consisting of two segments that pass through the project area. Over the last ten years, State Parks has converted and/or augmented certain portions of the Parkway right-of-way with trail facilities. The agency also maintains trail systems leading into the Niagara Gorge, in many cases on long-abandoned and acquired rail rights-of-way.

USA Niagara Development Corporation


A New York State-chartered public benefit corporation, USA Niagara is a subsidiary of the States primary economic development agency, the New York State Urban Development Corporation d/b/a Empire State Development (ESD). Formed in 2001, USA Niagaras mission is solely dedicated to the support and promotion of economic development initiatives in Niagara Falls by leveraging private investment and encouraging growth and renewal of the tourism industry. USA Niagara is assisting State Parks in this solicitation. In addition, ESD/USA Niagara is prepared to make funds available, as appropriate, under the Governors Buffalo Billion Investment Strategy for Western New York to assist in achieving a bold expansion of public outdoor recreational offerings in State Parks along the riverfront.

In accordance with its federal license to operate the Niagara Power Project, NYPA developed and adopted a land management plan and recreation plan for lands it controls along the Niagara River. These plans encourage the use of waterfront lands for various types of outdoor recreation activities such as hiking, fishing, bicycling, etc.

RFP for Outdoor Recreation Programming

Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

BACKGROUND
HISTORY OF STATE PARKS AT NIAGARA FALLS
New York States, and in many ways the nations history in establishing and operating state parks began at Niagara Falls in the latter part of the 19th century. Largely a result of the efforts of the Free Niagara movement led by Americas first landscape architect, Frederick Law Olmsted, the State of New York took action in 1885 to acquire over 400 acres of land around the three waterfalls at Niagara to create the Niagara Reservation (now Niagara Falls State Park), New Yorks first State Park and currently the oldest state park in the United States. In 1887, Olmsted and his then former partner, architect Calvert Vaux, collaborated for the last time in their careers on a master plan and design for the park at Niagara that focused on reclaiming land from prior industrial development, restoring its landscape, and enhancing it with scenic roads, walks, promenades, seating, and managed views at key points to maximize the publics enjoyment while protecting the natural character of the area. It is important to note that while their work was largely achieved through demolition of former industrial uses and restoration/construction of a natural landscape, the Olmsted and Vaux plan and vision for Niagara was essentially for a reserve rather than an active urban park more akin to Yosemite than Central Park (in fact Olmsted also led the fight to save Yosemite at roughly the same time as his work at Niagara Falls). However at Niagara Falls, given its proximity to industrial uses and larger urban/population centers, this concept has historically, up to the current day, presented a tension on how much is too much? when considering new activities.

State Parks continues to try to sensitively balance park/open space activities at Niagara with its mission of being charged with preserving these great natural resources for generations to come. The need for sensitively incorporating new activities while preserving the natural environment along the River will be a key consideration in moving forward on an expanded program of outdoor recreational uses.

EXPANDING THE NECKLACE OF OPEN SPACE ALONG THE RIVER


The State continued its practice of taking control and preserving open space lands along the Niagara River over a half century after the creation of Niagara Falls State Park. For example, the State took ownership of rail rightsof-way within the Niagara Gorge after private rail companies ceased operation in the 1930s (these were later converted to trail facilities). One of the largest of these open space expansions came with NYPAs development of the Niagara Power Project and the Robert Moses Parkway between 1958 and 1962. Fill material from the excavation of huge water intake tunnels was deposited along the Upper 4 Upper & Lower Niagara River

RFP for Outdoor Recreation Programming

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

Understanding these impacts, in 1983 State Parks acted to remove an approximately onemile section of the Parkway that passed directly between the American Falls and the State Parks 19th century Administration Building; breaking the Parkway up into Southern and Northern sections. After restoring the landscape and adding a new Visitor Center in this area, it is now probably one of the most heavily used sections of the park by pedestrians.

THE BEGINNINGS OF RECOVERING RECREATIONAL ACCESS TO THE WATERFRONT


By the waning years of the 20th into the beginning of the 21st century, a few relatively small, but important public infrastructure improvements opened access and awareness of the Upper and Lower River waterfronts. In the late-1990s, the City of Niagara Falls secured funding associated with its Local Waterfront Revitalization Plan (i.e., the Citys local application of the States coastal zone policies) to construct a four-mile multi-purpose trail along the Southern Section of the Robert Moses Parkway extending along the Upper Niagara River from the North Grand Island Bridges to Niagara Falls State Park. A similar waterfront access effort occurred a few years later in 2001. State Parks implemented what was referred to as a pilot project to re-use the two southbound lanes of the Northern section of the Parkway along the Niagara Gorge from the Niagara Power Project to downtown Niagara Falls as a wide, multipurpose trail. Vehicle access was then reassigned to the two northbound lanes, which were converted to two-way access with a lane in each direction. Admittedly, these two trail efforts were relatively modest and access to/use of the trails continues to be somewhat obstructed by remaining expressway features of the Parkway.

Niagara River to create new land areas, upon which the Parkwaya limited-access expressway for non-truck trafficwas constructed. The Parkway continued through Niagara Falls State Park and north to Lewiston along the rim of the Niagara Gorge, linking the Falls with a necklace of sister parks on the gorge along a green ribboncreated by the Parkway and its adjoining green spacesto provide a fast and scenic car ride between them. A chain of parks linked by a limited-access expresswaya vision considered outdated by many todaywas nevertheless very successful in assembling and preserving a continuous band of open space along the Upper and Lower River. However, in practice, the components of the highway (i.e., high-speed traffic, fence lines to prevent pedestrian intrusions, etc.) tended to severely limit non-vehicular access to the gorge and the Upper River, except for local residents that knew how to get through difficult-to-reach access points. In fact, through the 1980s/90s, recreational use of the Niagara Gorge tended to be a best kept secret for locals and was largely unknown to visitors to Niagara Falls.

RFP for Outdoor Recreation Programming

Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

Nevertheless, realizing these trails proved to be the bellwether to re-defining recreational use of the Upper and Lower River. Initially attracting a fairly small amount of patronsroughly 4,000 visits per year, mostly by local residents (according to a 2003 NYPA survey)usage grew more than threefold in a mere four years (i.e., over 12,000 visits in a four-month period from April-July 2007 according to State Parks records). Use of these waterfront and gorge trails continues to grow, albeit slowly, and State Parks and NYPA have made additional improvements to build upon the system in the last five years, including a new trailhead facility at State Parks Niagara Gorge Discovery Center, trail improvements in the gorge such as new stone steps in hard-to-traverse areas, and landscape/seating improvements at the Water Intake Observation Area on the Upper River. However, the system has not yet benefited from a coordinated strategy to build awareness/use, or more importantly, incorporation of typical amenities to facilitate use, such as the availability of bicycle/trail gear rental for visitors to better explore these areas, or linkages to other activities along the waterfront.

access and use, while not being a pre-requisite to moving forward now with expanded recreational use of the Upper or Lower River waterfronts. After several years of evaluation, State Parks reached broad consensus on two key reconfiguration projects along the Robert Moses Parkway to facilitate non-vehicular access to the river and the gorge from adjoining neighborhoods. These include the following: A plan for a one-mile segment of the Southern Section of the Parkway from John Daly Boulevard to Old Falls Streetin its final design phase with construction planned to start in late 2014which will

RECENT EVENTS THAT WILL FACILITATE OUTDOOR RECREATION


Most recently, another key event has emerged that will be significant in further jumpstarting RFP for Outdoor Recreation Programming 6 Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

involve the removal of the elevated expressway and an interchange to open views/access to the Upper River. These features will be replaced with a conventional at-grade park road and trails emulating Olmsteds Riverway. A first-phase plan for a ~two-mile segment of the Northern Section of the Parkway from downtown Niagara Falls to DeVeaux Woods and Whirlpool State Parks (Findlay
1

Drive), which is advancing to preliminary engineering, where all the expressway features of the Parkway will be removed and north-south access will be provided via a reconstructed Whirlpool Street. 1

A second-phase effort to assess possible alternatives on the Parkway between Findlay Drive and Lewiston are moving forward to a full environmental impact statement process.

RFP for Outdoor Recreation Programming

Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

In addition, recently-completed efforts to establish winter storage facilities for the Maid of the Mist excursion boats will result in improved access to the base of the gorge that will facilitate in-season recreational use. In December 2012, Governor Cuomo announced that Maid of the Mist officials would make a $32 million investment to establish a winter storage facility at the base of the Niagara Gorge in the location of the former Schoellkopf Power Station (which collapsed in 1956) and the Niagara Gorge Discovery Center. The facility has now relinquished the need for the boats operations depending on storage facilities in Canada. In turn, access planned as part of the facility (e.g., elevators to the base of the gorge, a platform to allow access at the waters edge, etc.) will be a perfect lever for advancing key, first-step recreational programming. The States agreements with Maid of the Mist officials include facilitating such future recreational activities by tailoring their Project to address both their winter storage needs and in-season access of a now-largely inaccessible area. Recreational activities in the area could include, but would not be limited to the following: Observation Deck. In season, the staging area would be largely unoccupied by boats, creating opportunities for new photo and viewing perspectives of the Falls and the gorge. Rappelling. Access to the gorge base could be the linchpin to creating a one-of-a-kind experience of rappelling the former Power Station foundation wall one of the largest masonry walls in the world. Hiking Trailhead to Connect to Existing Down River Trails. All current trails are largely cut off from this area except for the most adventurous souls. Creating easy access and a staging area at the base of the gorge could fully re-define hiking 8 opportunities here. Historic/Industrial Interpretation. The Schoelkopf Station was part of Teslas first use of alternating current technology that literally fueled the nations industrial revolution and its collapse in 1956 was a watershed event. Access to where it all happened could open unlimited opportunities for education and interpretation.

RFP for Outdoor Recreation Programming

Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

of the Parkway), efforts to further develop economic activity in tourism will focus on ways to convert a greater percentage of visits to Niagara Falls to overnight stays, by both expanding the number of activities around the falls and to better expose visitors to the wealth of things to experience across the entire region. Efforts to reach a highly-developed outdoor recreational economy at Niagara Falls inclusive of this very procurementwere specifically recommended by McKinsey and adopted as part of the Governors plan. The Buffalo Billion Strategy anticipates the need for public investments to foster such a goal; proposals received in response to this RFP would be eligible for capital assistance to advance such outdoor recreational activities and reuse of real estate assets in support of such activities. Such assistance under the Buffalo Billion strategy would be via ESD and administered by their subsidiary, USA Niagara.

Upgrades to the Gorge Discovery Center. Currently focusing on geological history, flora/fauna/wildlife of the gorge, and the story of power generation and other items, the Discovery Center could truly become just thatthe must see first stop to your journey down into the gorge, together possibly with ties with the State University of New York to interpret the gorges unique ecosystem.

BUFFALO BILLION INVESTMENT STRATEGY


Most recently, there have been State policy initiatives in tourism-related economic development that could specifically facilitate this opportunity. In 2011-2012, as part of Governor Andrew Cuomos effort to invest a billion dollars in the region for economic development purposes, ESD contracted with the prominent international strategic consulting firm McKinsey & Company to develop an action plan for investing funds to spur new economic activity in the Western New York region. The Buffalo Billion Strategy focused on three key sectors of the local economy to foster growth, one of which included efforts capitalizing upon and expanding tourism. Among other strategies (such as reconfiguration RFP for Outdoor Recreation Programming 9 Upper & Lower Niagara River

NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

OVERALL OBJECTIVES AND EXPECTATIONS


A NETWORK OF WATERFRONT ACTIVITY NODES
So what are we hoping for? Ideally, we want to achieve a natural, accessible, and ecologicallysustainable waterfront corridorextending south along the Niagara Gorge from Devils Hole State Park and the Niagara Power Project south to Niagara Falls State Park and continuing east along the Upper Niagara River to the Grand Island Bridgesdotted with sensitively implemented activity nodes involving outdoor recreation or to facilitate outdoor recreation (see Figures 2 and 3). Such centers of activity would be intended to bridge the linear makeup of the corridor and could vary substantially in use and character. For example, at the most developed end of the spectrum for a typical node, the collection of historic structures at DeVeaux Woods State Park could be fully re-purposed as an active heritage campus situated at mid-point of the gorge between Niagara Falls and the Power Plant. The campus could be a launching off or ending point for waterfront recreation with support facilities such as stables for horseback riding; bicycle or trekking gear rental; or even food and beverage uses, all in the context of a larger use such as a heritage inn or perhaps even an urban winery focusing on local vineyard resources. Conversely, such nodes could involve as little as better outfitting existing open spaces along the Upper River to support new activities, perhaps through the installation of a limited number of fish cleaning stations in key fishing areas or perhaps blind structures and interpretative stations in the best viewing locations for waterfowl.

A COMPREHENSIVE APPROACH
It is fully understood that some of the desired outdoor recreation activitiesfor example, activities to support bird watching, orienteering, and/or interpretation of historic or ecological featuresmay not present extensive promise for profit-making, while other activities would represent distinct opportunities (such as through concessions for food/beverage, bicycle/outfitting rental, etc.). That is why we are seeking a master licensee or a limited number of licensees for this procurement. The sponsoring agencies seek a comprehensive approach and program from potential teams inclusive of everything from facilitated tours to sensitive development of heritage lodging establishments; where certain lesseconomically-robust activities could be offset by other more inherently profitable ones.

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USA Niagara Development Corporation private sector. For example, public investments in capital infrastructure may be necessary to realize a particular outdoor recreation activity and/or adaptive reuse of real estate facilities to support such activities. The amount of any actual assistance will ultimately be related to the scope of a specific proposal; however for general guidance, ESD/USA Niagara funding commitments typically require a minimum 5:1 ratio of private investment to public assistance. This RFP is the first step in beginning to define the parameters of such a partnership.

MAINTAINING THE RESOURCE FOR THE FUTURE


In managing its lands, State Parks always seeks to balance its mission to preserve the natural integrity of its facilities while providing for their enjoyment by the public. Together with NYPA, which has established land management and recreation policies for its property holdings, State Parks strives to provide the best outdoor recreation experiences in such a manner that continues to preserve this unique natural resource. Overuse or less-than-sensitive use of these waterfront areas would impair the very

The intent specifically is NOT to merely monetize the most potentially profitable activities as discreet, individual concession agreements. Rather, the agencies seek a more synergistic approach to expand the entire outdoor recreational economy at Niagara.

PARTNERSHIP WITH THE STATE


The sponsoring agencies realize that to fully enable a host of outdoor recreational activities in the project areaas well as to realize a welldeveloped outdoor recreation economy here investments would need to be made in capital facilities and equipment, particularly in the early stages of introducing new activities. In turn, detailed work in site selection, feasibility, engineering, and environmental review would need to be undertaken before a final determination could be made on moving forward on some activities, say for example, the introduction of zip-line or a tree canopy tour facility somewhere in the gorge. As evidenced by including this initiative into the Buffalo Billion Strategy, the State fully recognizes the importance of this effort and that it would likely include a partnership in investment between the government and the

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NYS Office of Parks Recreation & Historic Preservation setting that allows such uses. Thus, the sponsoring agencies will require that the ultimately-selected licensee to demonstrate and practice protocols and methods (i.e., in activity/site selection, construction, installation, and operations) that seek to achieve ecological sustainability of these important resources. This would include proactive involvement and participation with regional and local stakeholders involved in tourism and conservation, as well as neighborhood groups and the general public in adjoining areas.

USA Niagara Development Corporation

A PHASED APPROACH
Considering the breadth of the project area and the variety of activities/areas to be addressed, it is assumed that implementation of a comprehensive outdoor recreation program would occur progressively in phases. Ideally, planning and the roll-out of new activities would occur in fairly regular intervals to maintain public momentum and interest, with participation/patronage building upon each successive event. As an example, Table 1 presents one typical progression plan for a phased approach, presenting the general characterization of assumed complexity and time period necessary to realize various components of a program. This presentation is not exhaustive; it is intended to illustrate general principals regarding the States desires in prioritizing various components of this effort. Respondents are free to suggest other possible phasing strategies as applicable, provided such approaches address the objectives of this RFP.

RFP for Outdoor Recreation Programming

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

Table 1 Possible Progression of Component Roll-Outa Outdoor Recreational & Real Estate Activities Upper and Lower Niagara River
Activity and/or State Park Facility Possible Aspects/ Components Bicycle/cycling gear rental. Bicycle-oriented food/beverage. Trail marking/smart phone applications. Introducing way stations and/or amenities along Upper River Trail. Gear rental. Hiking-oriented food/beverage. Trail marking/smart phone apps/Upper River Trail amenities. Facilitated education/tour programs. X-country ski/snow shoe rental. Trail marking/grooming of ski trails. Activity-oriented food/beverage. Fishing gear rental. Incorporation of selected fish cleaning stations. Trail marking/smart phone applications. Facilitated education/tour programs. Retrofitting/augmenting center for combination interpretative and active recreation outfitting center. Additional elements of historic interpretation program of former power station. Installation of permanent rappelling system at former Schoellkopf power station wall and/or other locations north of the Gorge Discovery Center. Engineering/environmental feasibility and implementation of rock climbing in selected gorge locations. Assumed Complexity & Level of Investment Potential Implementation Period

Bicycle Programming

Non-controversial/ Not capital Intensive

2015-16

Trail Sports Programming

Non-controversial/ Not capital Intensive

2015-16

Winter Sports Programming

Non-controversial/ Minor capital investments

2015-17

Fishing Programming

Non-controversial/ Minor capital investments

2015-17

Adaptive Reuse at Niagara Falls State Park: Niagara Gorge Discovery Center/ Schoellkopf Area Only

Non-controversial/ Moderate capital investments

2015-17

Rappelling and Rock Climbing Activities

Somewhat controversial/ Moderate capital investments

2015-16

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

Table 1 Possible Progression of Component Roll-Outa Outdoor Recreational & Real Estate Activities Upper and Lower Niagara River
Activity and/or State Park Facility Possible Aspects/ Components Rehab and adaptive reuse of historic structures for uses that would support outdoor recreation. Incorporation of possible new outdoor uses (e.g., vineyards) in non-old growth forest areas. Identification and feasibility of tower or canopy platform locations. Environmental documentation and agency review of route locations. One or more possible tour routes. Identification of replacement space for various park functions occupying current structures. Rehab and adaptive reuse of historic structures for uses that would support outdoor recreation. Assumed Complexity & Level of Investment Potential Implementation Period

Adaptive Reuse at DeVeaux Woods State Park

Moderately controversial/ Moderate capital investments

2017-18

Zip Line/Canopy Tour (i.e., only in Niagara Gorge areas north of Niagara Falls State Park)

Moderately controversial/ Moderate capital investments

2017-18

Adaptive Reuse at Niagara Falls State Park: Balance of Available Park Buildings
a

Moderately to highly controversial/ Moderate capital investments

2018-19

For illustrative purposes only to demonstrate desired general priorities for certain components/areas.

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

THE MARKET FOR OUTDOOR RECREATIONAL PROGRAMMING


NIAGARA FALLS, NEW YORK
Niagara Falls attracts up to eight million visitors per year. Among the State Parks current offeringsin addition to the aforementioned hiking trailsare the world-famous Maid of the Mist boat tour, the Cave of the Winds, and Goat Island, where visitors are provided with close-up views of both the American and Horseshoe Falls. Visitation at Niagara Falls is almost double the number that occurs at National Parks with significant outdoor recreational offerings, such as the Grand Canyon (4.4 million), Yosemite (4 million), Mount Rushmore (3 million), or Yellowstone (2.8 million). The opportunity at Niagara is the fact that unlike these other outdoor resources, to date the percentage of visits that involve overnight stays average is lower (21% at Niagara vs. 36% at Yellowstone) and the length of overnight stays is shorter (e.g., 1.1 days at Niagara vs. 2.4 days at Yosemite). These lower figures are typically attributed to an actual or perceived notion of a lack of things to do once one sees the Falls.

Table 2), as opposed to multiplier estimates (in which case it would support $1.6 trillion in total economic impact). This is considerable given conventional wisdom on attractions needed to spur tourism; for example, spending on outdoor recreation is almost 50 times greater than the $13.8 billion Americans spend each year in activities associated with amusement parks. Direct spending on outdoor recreation supports 6.1 million jobs and generates $80 billion in federal, state and local tax revenue. Table 2: 2011 Ranking of Outdoor Recreational Activities by Direct Expenditures Rank Activity Total Annual Direct Expenditures
1 2 3 4 5 6 7 8 9 10 Camping Water Sports Bicycling Trail Sports Off-Road Vehicles Snow Sports Motorcycling Fishing Wildlife Viewing Hunting All Activities $143,383,731,298 $86,197,498,227 $81,320,945,871 $80,628,545,863 $66,494,828,374 $53,047,209,902 $42,526,718,959 $35,467,821,965 $33,322,175,371 $23,162,636,239 $645,552,112,069
Source: Outdoor Industry Association 2012

MARKET CONTEXT
As part of their strategic action plan for the governors Buffalo Billion, McKinsey & Co. pointed out in their recommendations that opportunities related to outdoor recreation at and around Niagara Falls are considerable and readily attainable. This is because of the extent that such activities pervade American and international lifestyles and the fact that neither the American nor Canadian sides of Niagara Falls have significantly weighed into these types of offerings. McKinsey noted that over 140 million Americans make outdoor recreation a priority; it is responsible nationally for over $645 billion in DIRECT consumer spending each year (see

RFP for Outdoor Recreation Programming

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

SUBJECT PARKS, OPEN SPACE LANDS, AND FACILITIES


This section provides an overview of the State Parks and NYPA-owned lands and facilities that are either available, or could potentially be made available, to support outdoor recreation and/or associated uses. It is intended to present the full universe of lands/facilities that might be used by a licensee, with the understanding that future use of some of these assets may require the relocation of a current State Parks function prior to adapting for a new use. Where applicable, ideas that have previously or are currently being considered for selected facilities or lands are presented. These are presented merely to inform, but in no way restrict, ideas by prospective responders in advancing the overall recreation objectives of this opportunity. Finally, while described in summary fashion below, potential respondents are strongly urged to actually visit facilities along the entire corridor to become familiar with the breadth and scale of these resources.

NIAGARA FALLS STATE PARK


Total area (above water): 435 acres

Overview
Niagara Falls State Park (see Figure 4) is far and away the most visited location in the project area. The entire park itself is listed on the State and National Registers of Historic Places (S/NRHP) as well as being classified as a National Historic Landmark (NHL). It contains a number of vantage points that provide tremendous views of the three waterfalls (i.e., American, Bridal Veil, and Horseshoe Falls). Accordingly, it attracts significant crowds (i.e., usually numbering in the tens of thousands) on a daily basis from late June to early September and on weekends from April to early November depending on weather conditions. RFP for Outdoor Recreation Programming 18

The park supports productive habitats for plants and animals. Several prime natural areas in the park are on Goat Island, Green Island, Three Sisters Islands, and unnamed islands above the falls (one containing a heron rookery).

Key Facilities
Niagara Falls State Park has a number of structures related to the two primary concessionaires in the park (e.g., observation tower/elevators to the Maid of the Mist boats, concessions buildings, Visitor Center, etc.). No changes are anticipated in the nature of these structures associated with these contracts and activities in the foreseeable future.

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NYS Office of Parks Recreation & Historic Preservation A series of other structures and areas also exist in Niagara Falls State Park in which new support facilities for outdoor recreation and/or hospitality could be potentially created. These are presented below.

USA Niagara Development Corporation In light of improvements in conjunction with the new Maid of the Mist winter storage facility (e.g., elevator to gorge base, creation of a platform along Lower River, etc.), the Gorge Discovery Center offers potential promise to evolve into just thata multi-purpose facility where you prepare, learn about and begin your actual experience into the gorge. This could also be a phased effort that could be further developed upon the removal of the parkway in this location, which will visually link the Discovery Center area with the area around the Aquarium of Niagara immediately to the east. Potential ideas have included: Building upon the trailhead facilities to include trekking, bicycle and fishing gear rental for visitors; Actually implementing a program and facilities for the former Schoellkopf Station such as rappelling the foundation wall (although this will require further engineering and environmental analysis), fishing at the platform base of the gorge, and historic interpretation of the Power Station remains; and Further redefining the museum as an interpretative and learning center for gorge ecology, history, and above all, participatory education (i.e., one where visitors first learn about it then do it).

Administration Building
The Administration Building in Niagara Falls State Park was built in 1900, and currently houses the offices of the Western New York District of State Parks, as well as management staff for Niagara Region State Parks (i.e., those in Erie and Niagara Counties). It is a classical revival style building with a gross floor area of roughly 8,000 SF and is eligible for inclusion on the S/NRHP. Given its history and setting near Prospect Point and the American Falls, opinions have emerged that conventional administrative office space might not be the highest use of this important building; that it might be better suited for a use that facilitates actual visits to the Park, such as a signature food and beverage facility. It should be noted given its role as State Parks regional administrative facility, it is likely that State Parks will continue to use certain portions of the building for staff.

Gorge Discovery Center/Former Schoellkopf Station Site


The Niagara Gorge Discovery Center is currently operated by State Parks. The ~4,000-SF facility offers exhibits on the geological and natural history of Niagara Falls and the Niagara Gorge. Near the Center, the remains of the Schoellkopf Power Station, including an ~150-foot masonry foundation wall, can be seen along the gorge face. There are also picnic tables and shelters available in this section of the park. This building was last renovated in 2002-03, which included updates to the interior exhibits, the installation of a 26-foot high artificial rockclimbing wall (currently not in use), and the addition of a trailhead facility to provide information on trail networks leading down into the gorge and along the gorge rim.

Calvert Vaux Carriage House


Located in the center of Goat Island, this ~3,000-SF structure was built in the early 1900s. It was one of the original operational support structures for the park designed by Calvert Vaux as part of the original Olmsted-Vaux plan for the Niagara Reservation. Several additions to the building have been made, but their locations on one of the main internal carriage ways, coupled with its limestone masonry construction distinguish it as a characterdefining feature of Goat Island. It is currently used by State Parks as a management and support building for the park. Possible adaptive

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NYS Office of Parks Recreation & Historic Preservation reuses considered have included a signature dining facility, an outdoor recreation outfitting facility, and/or a small inn.

USA Niagara Development Corporation

NYPA Spoils Pile Area


Located just east of the remnants of the former hydraulic canal that once fed early hydroelectric plants here, the Spoils Pile is a large, unprogrammed open space that is largely inaccessible except by foot/bicycle on the Upper River Trail. The City has long expressed a desire to see this area improved for historic interpretation and outdoor recreation. This may be further facilitated by the Riverway project that will reconfigure a portion of the Parkway in this area. As part of that project, an historic stone chimney dating to 1750 would need to be relocated; the Citys preferred location is this Spoils Area.

UPPER RIVER TRAIL/ROBERT MOSES PARKWAY


Overview
As previously illustrated in Figure 3, NYPA owns all lands along the Upper River from Niagara Falls State Park (near John B. Daly Boulevard) to the North Grand Island Bridges. The expressway portion of the Robert Moses Parkway passes through this area; however, there is considerable land area on the water side of the highway to support outdoor recreation. Whereas the Upper River Trail area has begun to experience modest, but growing use by residents, it is largely an unknown to visitors to the area. This is because the area lacks any defined progression of experiences along its length. It also essentially lacks any basic services. For example, restroom facilities are only available on either end of the ~five-mile stretch of waterfront in Niagara Falls State Park and at the City of Niagara Falls waterfront park in the LaSalle section of the City. Incorporating a limited number of such services, along with promotion of the area and making available ways to explore it (e.g., bicycle and fishing gear rental, trolley shuttles, etc.) could significantly expand the area as an outdoor resource for visitors.

Waterfowl Observation Area


Wintering waterfowl are often observed along the scenic Robert Moses Parkway that parallels the Niagara River, between the North Grand Island Bridges and Niagara Falls. A waterfowl observation area along the southbound lanes of the Parkway was constructed in 2003 by the NYS Department of Transportation (NYSDOT), in cooperation with NYS Dept of Environmental Conservation, NYPA, and State Parks. The effort was part of a wetland mitigation to offset impacts from a highway project elsewhere in the watershed. Waterfowl periodically congregate in this area, sometimes numbering in the tens of thousands, include diving ducks such as canvasbacks, redheads and mergansers. The improvements to the area largely involved the creation of a parking area and exit/merge lanes for cars to safely enter/exit from the Parkway. There are not interpretative features or user amenities in this area.

Key Facilities
The following sections outline existing facilities.

Upper River Trail


The trail is a paved, multi-purpose facility that begins at the Citys Waterfront Park, passes through the NYPA Water Intakes Area, and continues into Niagara Falls State Park. The trail is currently maintained by the City of Niagara Falls. NYPA maintains the portion of the trail that passes through the Water Intakes Area.

NYPA Water Intakes Area


This open space is located at the site of the water intakes and consists of a ten-acre area containing surface parking and a concrete bulkhead for fishing. The parking area contains 40 parking spaces and is currently maintained by NYPA and NYSDOT. Recent landscape improvements have created an attractive park with an arresting view and unparalleled access

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NYS Office of Parks Recreation & Historic Preservation to shoreline fishing. However, the facility does not offer restroom, fish cleaning stations, and/or any type of food and beverage or other support facilities.

USA Niagara Development Corporation

Key Facilities
The park contains a single 2,000-SF wood and masonry comfort station building located along the gorge rim and an adjoining surface parking lot. The building contains restroom facilities and some limited exhibits of gorge ecology.

53rd Street Docks (City of Niagara Falls)


Actually owned by the City of Niagara Falls as an access point for industrial shipping, these dock facilities lie at the foot of 53rd Street and are not in any way connected to the Robert Moses Parkway or the Upper River Trail. The City Comprehensive Plan outlines objectives to connect this facility to other waterfront trails and promote/improve it as public fishing and boating facilities.

WHIRLPOOL STATE PARK


Total area: 109 acres

Overview
Located just north of Niagara Falls along the Niagara Gorge, Whirlpool State Park (see Figure 5) essentially has two levels: an upper level at the top of the gorge rim and a lower level within the gorge itself. The upper level contains a large picnic grove area and conventional playground facilities which could also accommodate other recreational users such as stable areas for gorge-wide horseback riding. In the parks lower portion there are trails leading down almost 300 feet to the edge of the Lower Niagara River, where visitors can view Class 6 (i.e., largely non-navigable) rapids and the Niagara Whirlpool. Areas for fishing are available along the river. In addition, several trails in the Park continue north to Devil's Hole State Park and the Robert Moses Power Plant area.

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DEVEAUX WOODS STATE PARK


Total area: 51 acres

1863 Carriage House


Dating prior to the Civil War, this represents the oldest building in the Park, originally used for stables and carriage facilities. It has a gross floor area of 1,500 SF. As part of a comprehensive recreation strategy, restoring and re-using the structure as a centerpiece of a riding/stable operation to serve the entire gorge corridor could be considered, provided it were adequately designed to avoid impacts to adjoining neighborhoods. Other possible uses could include a sensitive adaptive reuse of the structure to house auxiliary uses associated with reuse of Schoellkopf Hall (e.g., Spa or restaurant facility as part of a lodging use, barrel room/tasting room as part of an urban winery, etc.)

Overview
DeVeaux Woods State Park (see Figure 6) is located along Lewiston Road and the Robert Moses Parkway, immediately east of Whirlpool State Park and the Niagara Gorge. The site was deeded by Judge Samuel DeVeaux in 1853 and developed as the DeVeaux College for Orphans and Destitute Children and later was used by Niagara University as an auxiliary campus before being transferred to State Parks in 2001. The park contains a number of historic buildings, conventional buildings, and open space/parkland resources. An old-growth forest of approximately ten acres is present in the park, located along the Robert Moses Parkway. The former campus portion of the park is listed on the S/NRHP. What makes DeVeaux Woods State Park unique is its size, especially when considered together with Whirlpool State Park, and that it is situated at almost the midpoint between Niagara Falls State Park and the Power Vista Visitor Center at the Niagara Power Project. Given this location, it is sufficiently separated from the most visited destinations along the gorge to allow it to develop its own identity, but close enough to serve as a main activity center to anchor many of the outdoor recreational activities envisioned in this RFP.

Former Gymnasium
Currently used for maintenance and storage, this 5,000 SF structure dates back to 1869 and was originally used as the gymnasium facility for the former DeVeaux College. Possible adaptive reuses that have been considered for the facility have included a maintenance shop for a restored campus or a conventional storage space. However, restoring the facilitys original use as a gymnasium as part of a heritage lodging facility also is a possibility.

Power House
This two-story 11,000 SF building was constructed in the 1930s as the main boiler plant for the campus. It could be retrofitted to serve a similar use on a restored campus or adapted as an interpretive or ceremonial structure.

Key Facilities Schoellkopf Hall


A three-story stone masonry building built in 1926; Schoellkopf Hall was historically the dormitory building for the former DeVeaux College. It has a gross floor area of ~21,000 SF and contains 48 rooms. Carved stonework and woodwork are found throughout the structure. Possible reuses that have been considered for the building include a heritage-based lodging facility, conference facility, and/or even an urban winery.

Former Kenan-Castellani Building


The original home to the collection now housed at the Castellani Art Museum on the main campus of Niagara University, this building is currently being adapted for State Parks administrative office space, which will be completed in mid-to-late 2014.

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DEVILS HOLE STATE PARK


Total area: 42.08 acres

Overview
Devil's Hole State Park (see Figure 7) derives its name from Devil's Hole Rapids which lie 300 feet below the gorge rim in this park. The area encompassing the park has a rich history and was the site of the Devils Hole Massacre of 1763 during the French and Indian War. The park consists of a considerable section of the Niagara Gorge accessed by hiking trails and has 410 stone steps leading down from the gorge rim to its base. It also contains a small upper level on the gorge rim with parking and restroom facilities. The unique landscape provides a marvelous place for hiking and general nature observation. The gorge is well known for its geographical significance. Other features include a dense tree canopy that shelters the stone steps, a cave, and visible standing waves in the rapids. The park is located at the northern tip of the Lower Niagara River Rapids Significant Coastal Fish and Wildlife Habitat, which was designated for its trout and salmon fishing opportunities, as well as its gull and waterfowl concentration. An access driveway leading to NYPAs public fishing platform is connected to one of the parks trails.

Key Facilities
The park contains a single ~600 SF stone masonry restroom building located along the gorge rim.

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EXISTING AND POTENTIAL NEW ACTIVITIES


This section outlines types of outdoor activities that are desired to be facilitated, programmed, and/or supported as a result of engaging a master licensee. This list is not intended to be exclusive; respondents are free to suggest other types of outdoor recreation activities provided they document how such activities are consistent with the objectives of this RFP and could be implemented in a way consistent with State Parks and NYPAs mission as steward of these land resources.

HIKING/TREKKING, ORIENTEERING, AND BIRDING


Given the investments made over the last two decades in the development and improvement of trail facilities on both the Upper and Lower River, activities involving hiking/trekking would not likely involve any new trail construction (other than what is already envisioned through restoration projects like the Robert Moses Parkway reconfiguration). However, what is desired are components to help facilitate these activities, provided they are incorporated in a manner sensitive to this unique landscape. Such components could include, but would not be limited to the following: Establishment of various scales of outfitting facilities, perhaps at existing comfort stations or as part of other developed facilities, where in addition to restrooms, hikers or birders might rent gear, purchase food for a picnic, obtain guidebooks, engage with experts, etc. Installation of equipment to facilitate hiking by unfamiliar visitors, such as wildlife blinds with interpretative panels, trail marking with distances, etc. Experiential programs in orienteering or bird watching, where participants are taught outdoor skills as part of their hike. Childrens programs akin to Junior Ranger activities in National Parks, where kids can be tasked with a series of efforts and awarded a collectible patch or medal.

BICYCLING
Like hiking, investments in multi-purpose and on-road trails in the area have facilitated a marked growth in recreational bicycling in the area, primarily from regional residents; however, there has been an observable uptick in visitors traveling here with bicycles. Nevertheless, desired activities would involve implementing activities to facilitate cycling by visitors, the most basic involving bicycle rental concessions. One of the first bicycle rental concessions began modestly in 2011 in conjunction with USA Niagaras management of Old Falls Street and has become quite popular even with limited promotion. With better programming and education of trail networks, bicycling will surely become a mainstay method to view the project area. Other possible activities might involve: Development or promotion of existing smart phone applications for wayfinding and/or exploring the Upper and Lower River.

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NYS Office of Parks Recreation & Historic Preservation Promotion of the project for bicycling activities in the context of a larger corridor such as the Niagara Greenway from Lake Ontario to Lake Erie and package long bicycle treks with lodging and other activities.

USA Niagara Development Corporation Create facilitated teaching programs at, and transportation to/from, key shore fishing locations along the Upper and Lower River.

FISHING
Sport fishing on the Lower Niagara River has been significantly promoted and facilitated at the State and local level over the last 20 years. For example, NYPA built and operates a fishing platform at the outfall of the Niagara Power Project, complete with restrooms, parking and a fish cleaning station. The NYS Department of Environmental Conservation (NYSDEC) also publishes fishing access maps of the Lower River and maintains a website on current tips, regulations, and how to obtain fishing licenses of various durations. In turn, several private excursion sport fishing boats operate in Niagara County, including harbors in the Villages of Lewiston and Youngstown, just north of the project area. However like hiking, knowledge of fishing resources and systems is largely geared toward regional residents and/or visitors coming solely as part of fishing trips. Current programs do not focus on visitors that might include fishing as a single-day activity that is part of a larger visit. In addition, although recent shore access projects like that around the NYPA water intake area have become known by locals, few if any outlets promote shore fishing along the Upper Niagara River to tourists. Thus a master licensee might consider: Incorporating day-rental of fishing gear as a part of an outfitting operation; Establish partnerships with NYSDEC to create one or more in-person locations to obtain one-day fishing licenses (currently license locations are limited to town/city halls well inland from the waterfront).

RAPPELLING AND ROCK CLIMBING


Given the physical and geological nature of the Niagara Gorge, identifying locations for various types of rappelling and rock climbing along the gorge face seems to be a logical activity to facilitate. Such activities have significantly grown in popularity across the world; in fact rock climbingor boulderingwas first introduced on the Canadian side of the gorge in 2011 (see www.niagaraglenbouldering.com ). As previously discussed, the introduction of a new winter storage facility at the former Schoellkopf Power Station site might enable a location for a fixed rappelling operation down the face of the former plants foundation wall into the gorge. There are other rock face areas of the gorge where, after investigation, climbing and/or non-fixed rappelling may be feasible in a manner that would not adversely impair the resource.

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ZIP LINE/CANOPY TOURS


Zip line or canopy tourswhere riders are harnessed to a cable and travel by gravity between platforms of different elevations have been developed around the world as recreation or ecotourism features over that last decade. Although zip line facilities between towers are sometimes built in more developed areas or in theme parks, canopy tours are more distinguished by routes through heavily wooded and sometimes mountainous landscapes with cables running between platforms built in trees or on timber-fabricated towers installed amongst the trees. The Niagara Park Commission on the Canadian side of the gorge is currently in the process of procuring an operator and undertaking investigations for two zip line routes, one near the Niagara Whirlpool (around areas used by the Spanish Aero Car Ride) and one near the Sir Ontario Power Generation Station. While such facilities would not be permitted near or over any of the falls themselves, there are various areas north of Niagara Falls State Park along the Niagara Gorge, particularly around Devils Hole State Park and Whirlpool State Park, where the dense tree canopy would suggest a possible location where one or more canopy/zip line tour facilities might be sensitively incorporated into the landscape. Like rock climbing and rappelling, further engineering and environmental investigation will need to be undertaken before selecting the best locations for such facilities.

WINTER SPORTS
Although global visitation to Niagara Falls wanes in the deep winter months, most local residents understand and take full advantage of seeing the unique beauty of the falls during this period. Mist emanating from the falls freezes on all trees, foliage, and other surfaces to create an almost magical setting, particularly on clear sunny days. It seems fitting to undertake some conservative steps to begin to capitalize on this winter setting most likely geared to a more local/regional market sector. Cross-country skiing and snow shoeing are both popular sports in the region; they could serve as a winter equivalent for bicycling to explore these resources. Given that Goat Island already has loop road/trails that could extend from existing concession buildings where equipment rental could be located, it might serve as a logical starting point for such a facilitated activity. Existing trails or trolley routes (if not in full use in the winter months) could be groomed to accommodate cross-country skiing or snow shoeing.

HORSEBACK RIDING
Horseback riding along the gorge could be an interesting and financial feasible activity provided a suitable place could be identified to stable and maintain horses. Given the amount of open land there, DeVeaux Woods State Park could possibly be the location for such a facility, as part of a larger adaptive reuse of the campus.

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USA Niagara Development Corporation a clarification or modification of the timeline or terms of this RFP. Proposers may contact the agency, as referenced above, prior to submission of a proposal to verify receipt of the RFP and any issued addenda.

NOTES TO PROSPECTIVE PROPOSERS


SITE VISITS/PRE-PROPOSAL CONFERENCE CALL
Inspection of the premises is recommended but not mandatory. Tours will be conducted on Tuesday, March 25, 2014 at 11:00 AM and Tuesday, April 1, 2014 at 11:00 AM. Attendees must schedule their participation in a tour by contacting Jocelyn Viola at USA Niagara at 716.284.2556 before close of business on the Friday before each scheduled tour date (i.e., March 21 and March 28, 2014). Additional tours may be scheduled as needed. A non-mandatory Pre-Proposal Conference Call will be held at Tuesday, April 8, 2014 at 2:00 PM. To participate, please contact Jocelyn Viola at USA Niagara at 716.284.2556 prior to the close of business on April 4, 2014. During this call, prospective proposers will have the opportunity to ask questions about submittal requirements of the RFP and steps in the procurement process.

NOT AN OFFER
This RFP is not an offer or a binding commitment to contract on the part of State Parks. State Parks reserves the right to postpone or cancel this RFP or to reject all proposals if it determines that the best interests of the State will be served thereby.

PUBLIC OFFICERS LAW RESTRICTIONS


Prospective proposers are advised that Section 73(8) of the New York Public Officers Law prohibits State Park employees from undertaking a service contract with State Parks for a period of two years following departure from State employment. The provisions of this section apply equally to all New York State employees, regardless of whether the employee was full time, seasonal or part time.

QUESTIONS/INQUIRIES
All inquiries regarding this RFP must be addressed in writing to: Harold H. Hagemann, Jr., Director Concessions Management Bureau New York State Parks Albany, New York 12238 By electronic mail to: Concessions@parks.ny.gov; or by facsimile to 518.486.2372. Written responses to inquiries, as appropriate, will be issued to all interested proposers in the form of addenda to the RFP.

INSURANCE REQUIREMENTS
Prospective respondents to this RFP are advised that the selected licensee will be required to submit proof and maintain, at a minimum, the following insurance, as applicable to the proposed activities, with insurers licensed to provide insurance in the State of New York: Commercial General Liability insurance of $1 million per occurrence and $2 million in the aggregate; Commercial Automobile Liability with a limit of $1 million; Commercial Property Insurance for the full insurable value of the Premises; Evidence of Workers Compensation/ Employers Liability insurance.

ADDENDA
Written addenda issued by State Parks shall be the only authorized method for communicating RFP for Outdoor Recreation Programming 31

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NYS Office of Parks Recreation & Historic Preservation Such policies of insurance shall be in a form acceptable to, and shall include any conditions reasonably required by State Parks, USA Niagara, ESD, and/or NYPA, and shall name the State of New York, State Parks, USA Niagara, ESD, and NYPA as additional insureds. During this call, prospective respondents will have the opportunity to ask questions about submittal requirements of the RFP and subsequent steps in the procurement process.

USA Niagara Development Corporation

OFFICE OF STATE COMPTROLLER REVIEW


Proposers are advised that the license ultimately issued as a result of this RFP is likely to be subject to review and approval by the Office of the State Comptroller (OSC). If this license is subject to OSC review and approval, then it shall not be valid and enforceable, nor shall State Parks have any liability of any kind arising from or in connection with this contract, unless and until OSC approval has been received.

OTHER TERMS/CONDITIONS
Should the agency be unsuccessful in reaching agreement on contract terms with the selected proposer, State Parks will conduct contract negotiations with the next responsible proposer. State Parks reserves the option to select the successful proposal without conducting negotiations. State Parks shall not be liable for any costs, expenses, or losses, including without limitation, loss of business opportunity, claimed or incurred by any party in preparation of a proposal, or otherwise in connection with this RFP. State Parks reserves the right to disqualify any bidder whose conduct and/or proposal fails to conform to the requirements of this RFP.

FOOD PRODUCTS AND OTHER COMMODITIES FROM NEW YORK VENDORS


Licensee is strongly encouraged and expected to utilize New York state businesses, and suppliers sourcing products from New York state businesses, for foods, food products, supplies and materials purchased pursuant to this license.

HEALTHY FOOD OPTIONS


Licensee is expected to include a variety of healthy food choices on the menus at venues that offer food and beverages to park patrons. Healthy foods will be fresh, low in sugars and fats, and contain no artificial preservatives or artificial additives. Fried foods should be kept to a minimum. Locally sourced foods and food products are to be incorporated to the greatest extent possible. Menus must include healthy beverage options other than soft drinks, including water and juices.

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NYS Office of Parks Recreation & Historic Preservation State Parks reserves the right to seek clarifications and revisions of any proposals submitted in response to this RFP. State Parks may require clarification of issues within a proposal at any time during the procurement process, and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of the proposal, and/or to determine compliance with the requirements of the RFP. State Parks acceptance of a proposal does not imply that every element of that proposal has been accepted or is approved. Conditional or qualified bids may be rejected. State Parks grants only a right to use the Licensed Premises as is/where is and without warranty, and subject to Licensee performing all obligations contained in the concession license. Proposers are advised that the Licensee may be required to adhere to or utilize a standardized design style, format or template for all advertisements as specified by Parks, to promote a consistent statewide image of State Parks.

USA Niagara Development Corporation

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USA Niagara Development Corporation facilities selected for development. The licensed premises will extend to the structures and surrounding grounds. The license cannot be subordinate to any developer financing. The base term of the License shall be for up to ten (10) years commencing on or about September 1, 2015 and concluding on August 31, 2025. However, with a capital investment of one million dollars ($1,000,000) or more the term may be issued for an extended period of time up to and including twenty (20) years, the maximum allowable under State law, provided that the proposed length of the term bears a direct relationship to the time necessary to amortize lessees capital investment in the project. The pro forma submitted with the proposal should demonstrate this relationship. In addition, consistent with Article 3, 3.09(2-d) of the Parks, Recreation & Historic Preservation Law (PRHPL), State Parks will consider an extended term of up to a maximum of 40 years for selected facilities. A sample license is provided as Attachment A to this RFP.

THE LETTER OF INTENT AND THE CONCESSION LICENSE


LETTER OF INTENT
As suggested in several previous sections of the RFP, it is fully understood that an entire program of outdoor recreation and adaptive reuse of certain State Parks buildings/lands could not be fully realized without additional planning, feasibility, engineering, and environmental review prior to the issuance of an actual Concessions License for one or more of these activities. Therefore, upon the recommendation of a preferred licensee, State Parks will negotiate a Letter of Intent (LOI) that shall set out the principal terms and conditions that shall subsequently be entered into in the Concessions License and outline a process for advancing specific due diligence items. During this period prior to issuance of Concessions License, all parties will agree to be governed by the LOI, including but not limited to responsibilities for the completion of: More detailed feasibility and engineering evaluation of certain components of a proposed recreation program; Environmental and historic documentation under the State Environmental Quality Review Act (SEQRA); Provision for insurance coverage and liabilities; Development/approval of any construction plans and timetables, budgets, and any necessary State capital assistance; and Arrangements for appropriate site safety and security during the LOI period.

CONCESSION LICENSE
State Parks intends to enter into a license with the selected operator for those properties and

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USA Niagara Development Corporation including lead companies, design firms, etc. Include resumes of key personnel members (2-page maximum for each resume) that are proposed for staffing this effort. Experience in working with public/private partnerships and with applicable federal, state, and local governments and/or public corporations or development authorities. Financial capacity, including published and publicly-available financial data for proposer, and its partners and participants, including assets in the United States (e.g., annual report, including latest quarterly report, 10K reporting, and recent securities offerings).

REQUIRED ELEMENTS OF PROPOSALS


Proposals should demonstrate an understanding of the requirements of this RFP and present the following information in the same format as presented below, clearly divided by the following topic areas. All required completed certifications, forms, affidavits, etc. should be attached as appendices to the proposal in the order presented in this RFP. Prospective proposers are advised to review the evaluation criteria to assure that the information provided is responsive to those criteria. Respondents should provide the following information:

EXPERIENCE AND REFERENCES


Provide no more than ten, one-page experience sheets (Note: additional materials will not be considered) summarizing the best examples of the teams current/past projects undertaken by the company and/or members of the team that include: Operating facilities and/or outdoor programming at large National, State, or Provincial Parks, wildlife reserves, nature areas, or similar lands/facilities in the United States or Canada, and/or other projects of a similar scale as described in this RFP. Information with respect to location, size, uses, approximate contract value, and dates of engagement. Graphic material/photographs illustrating such other efforts. Contact information for applicable reference for each representative contract.

COVER LETTER AND/OR EXECUTIVE SUMMARY


Summarize your organizations or teams ability to undertake the work being solicited for in this RFP. Present the major themes of your proposed approach to the effort how you will meet the challenge. Present the main strengths of your skill sets and experience to sensitively program/operate outdoor recreation activities and associated real estate uses in natural reserve areas. Present key abilities of your proposed team and discuss any critical distinguishers why your organization should be selected over others.

ORGANIZATION INFORMATION
Provide an overall description of the proposed entitys organization and team and its capabilities. Include an organization chart of key players, firms, and personnel that would be involved in the effort,

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USA Niagara Development Corporation that would be advanced and what capital facilities are proposed to support the actual recreational activity (e.g., zip-line or challenge course facilities, skating rinks, X-country skiing runs, etc.) Present what associated uses are proposed to best facilitate such uses (e.g. equipment rental, comfort/food & beverage facilities, etc.) Present any associated real estate facilities that are proposed for adaptive reuse to support or facilitate the outdoor recreation plan (e.g., Reuse of previously-presented buildings/grounds in Niagara Falls State Park, Whirlpool State Park, DeVeaux Woods State Park, and Devils Hole State Park). An explanation of how the proposed uses/development would advance overall economic development objectives outlined in this RFP.

OVERALL VISION
Proposals should discuss/present: Project Understanding. Based upon information in this RFP and from individual research, set forth your teams overall understanding of the effort, the key objectives, and overarching issues associated with realizing these objectives. Vision Statement. An overall vision for the Project, including: What outdoor activities would you advance? What facilities would you need to develop to best reach the targeted user groups of each activity? How would such activities generally be located geographically in the project corridor? What aspects of the respondents proposed program would deserve particular attention by the State? What are the major challenges you might foresee in implementing elements of the Program, and what would be your approach to dealing with those issues?

Ecological Sustainability. Demonstrate, through discussion of protocols and procedures undertaken at other similar parks or reserves, the teams experience and commitment of ecological sustainability and preservation principles associated with development and operations in sensitive natural areas.

Illustrations. Proposals should include appropriate concept-level images, diagrams, site/floor plans, maps, and/or renderings that the respondent feels is necessary to best communicate aspects of the proposed program and real estate uses. Preliminary Phasing. What aspects of the program could be implemented relatively quickly? What would require more time and effort? How would you preliminarily suggest possible phasing?

PRELIMINARY ACTIVITY/USE PLAN


Recreational Program and Building Use Plan. Provide a conceptual-level plan for proposed improvements and programs that the Proposer would implement under a Master Concessions License. Provide outdoor recreation activities

PRELIMINARY FINANCIAL PLAN


Financial Model. Describe the anticipated operating financial structure for the proposal, by venue, including a detailed description of all revenue sources, operating expenses including staffing, and estimated return on investment (ROI). Include a preliminary pro forma for the term of the proposed license (at least 10Upper & Lower Niagara River

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NYS Office of Parks Recreation & Historic Preservation years). Proposers shall not assume any form of State, ESD/USA Niagara, and/or other agency funding assistance in the 10-year pro forma. However, the financial plan may identify funding gaps if aspects of the proposal fail to achieve a reasonable rate of return for the Proposer. In the event of a projected gap, the Financial Plan may suggest potential options to address such gap for consideration by the State and/or ESD/USA Niagara. Capital Investment and License Fee. Each proposal is required to include a commitment to capital expenditures invested in the licensed premises, and a license fee paid to State Parks. Capital improvements shall generally mean additions to or costs incurred that increase the useful life of the real property, fixtures or facilities of the Licensed Premises, and shall not include normal or routine operating expenses, maintenance and upkeep of the Licensed Premises, or purchase of small equipment and supplies. The qualification of an item as a capital improvement shall be subject to the prior written approval of State Parks, as determined in its sole discretion. Recognizing that this opportunity is a start up, State Park will consider a license fee structure that begins not more than five years after the beginning of the license term. License fees should be expressed as a guaranteed annual minimum, by venue, which escalates annually by the Consumer Price Index (CPI). Advertising, marketing and promotion. Described media, methods, programs and strategies that will be used to promote the venues and activities included in the proposal. Include examples of previous promotion campaigns for comparable

USA Niagara Development Corporation projects and describe how they will be translated to this project. The costs of these efforts should be identified as separate line in the pro forma.

ADDITIONAL INFORMATION
Proposals should include any additional information and/or issues that should be considered by State Parks, ESD, and/or USA Niagara that may bear upon the proposers operations. Please note that conditioned proposals may be rejected without further consideration.

REQUIRED FORMS AND CERTIFICATIONS


Information Form
To enable State Parks and ESD/USA Niagara to assess a respondents qualifications and financial capability, the respondent must complete and submit with its response the Information Regarding Qualifications and Financial Capability form included in Attachment B (the Information Form) completed and signed by the respondent with the attestation of a notary public.

Non-Discrimination and Contractor/ Supplier Diversity Requirements


Pursuant to New York State Executive Law Article 15-A, State Parks and ESD/USA Niagara recognize their respective obligations under the law to promote opportunities for maximum feasible participation of certified minority- and women-owned business enterprises (MWBEs) and the employment of minority group members and women in the performance of contracts. Proposers are advised that if any State financial assistance is provided to a licensee as part of this effort (e.g., funds associated with Governors Buffalo Billion Initiative, or other similar programs), the licensee will be required to use its Good Faith Efforts (pursuant to 5

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NYS Office of Parks Recreation & Historic Preservation NYCRR 142.82) to achieve meaningful participation (i.e., contract value) of certified MWBEs totaling no less than 23% of the total value of any State assistance received. It is very possible that the MWBE participation requirement will exceed this minimum goal, based upon the availability of certified MWBE resources available to assist in the types of capital construction and/or operations anticipated. In the event of State financial assistance, such goals would be finalized prior to entering into a license with State Parks. Pending such future decisions, Proposers are required only to include a completed MWBE Participation/Equal Employment Opportunity Policy Statement (Form OCSD-1) in their proposal. The form OCSD-1 can be downloaded at the following link: www.empire.state.ny.us/CorporateInformation /Data/RFPs/OCSD_1MWBEEEOPolicyStatement. pdf

USA Niagara Development Corporation certifications contained in Form ST-220-CA. Responses that do not include a properly completed ST-220-CA will be considered incomplete and non-responsive and may be eliminated from further consideration. For team submittals, only the prospective prime contractor must complete Form ST 220-CA. To comply with STL 5-a, all respondents to this RFP must include a properly completed Form ST-220-CA or, if they believe appropriate, a completed and sworn affidavit of the nonapplicability of STL 5-a. Forms may be downloaded at the following links: ST-220-CA Form: www.tax.ny.gov/pdf/current_forms/st/st220ca _fill_in.pdf Non-Applicability of State Tax Law 5-A: www.empire.state.ny.us/CorporateInformation /Data/RFPs/RequiredForms/STL_5A_Affidavit.p df

State Tax Law Section 5-a.


Any license resulting from this solicitation is also subject to the requirements of State Tax Law Section 5-a (STL 5-a). STL 5-a prohibits state agencies and public benefit corporations like ESD and USA Niagara from approving an agreement with any entity if that entity or any of its affiliates, subcontractors or affiliates of any subcontractor makes sales within New York State of tangible personal property or taxable services having a value over $300,000 and is not registered for sales and compensating use tax purposes. Also in accordance with the requirements of STL 5-a, any contract resulting from this solicitation will require periodic updating of the
2

State Finance Law Sections 139-j and 139-k


State Finance Law Sections 139-j and 139-k (collectively, the Procurement Requirements) apply to this RFP. These Procurement Requirements: (1) govern permissible communications between potential respondents and involved state/local governmental entities with respect to this RFP; (2) provide for increased disclosure in the public procurement process through identification of persons or organizations whose function is to influence procurement contracts, public works agreements and real property transactions; and (3) establish sanctions for knowing and willful violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this RFP. Compliance with the Procurement Requirements requires that (1) all communications regarding this RFP, from the

Good faith efforts are defined on ESD Form OCSD4 and can be reviewed at: www.empire.state.ny.us/CorporateInformation/Dat a/RFPs/OCSD_4GoodFaithEfforts.pdf

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NYS Office of Parks Recreation & Historic Preservation time of its issuance through final award and execution of any resulting contract (the Restricted Period), be conducted only with the designated contact persons listed below; (2) the completion by respondents of the Offerer Disclosure of Prior Non-Responsibility Determinations, and the Offerers Affirmation of Understanding of and Agreement pursuant to State Finance Law; and (3) periodic updating of such forms during the term of any contract resulting from this RFP. The Procurement Requirements also require State Parks and ESD/USA Niagara staff to obtain and report certain information when contacted by prospective bidders during the restricted period, make a determination of the responsibility of bidders and make all such information publicly available in accordance with applicable law. If a prospective bidder is found to have knowingly and willfully violated the State Finance Law provisions, that prospective bidder and its subsidiaries, related or successor entities will be determined to be a non-responsible bidder and will not be awarded any contract issued pursuant to this solicitation. In addition, two such findings of nonresponsibility within a four-year period can result in debarment from obtaining any New York State governmental procurement contract. For the purpose of compliance with State Finance Law Sections 139-j, contacts with the following persons are considered permissible: a) Harold H. Hagemann, Jr., Director New York State Parks Concessions Management Bureau New York State Parks Albany, New York 12238 518.486.2932; fax: 518.486.2372 Concessions@parks.ny.gov; or b) Christopher Schoepflin, President USA Niagara Development Corporation 222 First Street, 7th Floor Niagara Falls, NY 14303 716.284.2556; 716.284.2917 usaniagara@esd.ny.gov

USA Niagara Development Corporation This is not a complete presentation of the provisions of the Procurement Requirements. A copy of the Policy Regarding Permissible Contacts under SFL 139 can be found at: http://www.empire.state.ny.us/CorporateInfor mation/Data/RFPs/RequiredForms/Permissible ContactsPolicy_Jan2007.pdf Respondents must submit the Offerer Disclosure of Prior Non-Responsibility Determinations, and the Offerers Affirmation of Understanding of and Agreement pursuant to State Finance Law as part of their response to this RFP. Copies of these forms may be downloaded at the following link: www.empire.state.ny.us/CorporateInformation /Data/RFPs/RequiredForms/SF_Law139_JK.pdf

Compliance with the Iran Divestment Act


On January 13, 2012, Chapter 1 of the Laws of New York for 2012 was signed into law by Governor Andrew M. Cuomo. The law is known as the "Iran Divestment Act of 2012" (the "Act") and can be found at 165-a of the New York State Finance Law. The Act became effective on April 12, 2012. The Act imposes limitations on "persons" that are determined to be engaged in investment activities in the Iranian energy sector, as defined in the Act. The Act is available at the link below. To comply with the New York State Iran Divestment Act of 2012, proposals must include the statement below. It should be on company letterhead and signed by the respondent and affirmed as true under penalty of perjury: "By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each

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NYS Office of Parks Recreation & Historic Preservation bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law." The list in question is maintained by the Office of General Services. No bid that fails to certify compliance with this requirement may be accepted as responsive, unless the bidder includes a statement in compliance with the Iran Divestment Act. Iran Divestment Act: http://www.ogs.ny.gov/about/regs/docs/ida20 12.pdf List of Entities: http://www.ogs.ny.gov/about/regs/docs/Listof Entities.pdf

USA Niagara Development Corporation Integrity of the owners, officers, principals, members and/or contract managers; and Past performance of the bidder on prior government contracts.

The selected company under this procurement must demonstrate its responsibility as a vendor and must maintain responsibility throughout the term of the agreement. For more information, visit the New York State OSCs Vendor Responsibility website at: www.osc.state.ny.us/vendrep/index.htm. Responses to this RFP must be responsive to all requirements included herein and include a completed and notarized copy of a Responsibility Questionnaire. The Questionnaire may be downloaded at the following links: For-Profit Entities: www.esd.ny.gov/CorporateInformation/Data/R FPs/111511_VendorForprofit.pdf Not-for-Profit Entities: www.esd.ny.gov/CorporateInformation/Data/R FPs/111511_VendorNotforprofit.pdf

New York Office of State Comptroller Requirements for Responsible Vendors


Under New York State procurement policies, a responsible vendor is one that has the capacity to fully perform its contractual obligations, and the integrity to justify the award of public dollars. New York State Finance Law dictates that state agencies take reasonable steps to ensure that public contracts are awarded to bidders that are responsive and responsible, including the capability to meet bid requirements and fully perform contractual obligations, and possessing the integrity to justify the award of public dollars. In short, businesses must demonstrate their vendor responsibility prior to the award of the contract. Prior to entering into contracts, New York State agencies must formally make a responsibility determination that is based upon a financial, legal, integrity, and past performance (FLIP) review of a prospective vendor. The FLIP review involves assessments of a companys: Financial and organizational capacity; Legal authority to do business with the State of New York;

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation B. Personnel qualifications and experience (10 points). Elements to be evaluated include but are not limited to: a) Managerial capacity and organizational structure; b) Background, experience and ability of specific individuals identified for the effort, as demonstrated through current/past performance and references outlined in resumes; and, c) Availability of management resources in consideration of other business commitments of the proposer. C. Demonstrated financial capacity to realize the proposed project (20 points) Elements to be evaluated include but are not limited to: a) Expressions of interest from lenders, letters of credit, and/or performance bonding capacity; b) Assets, liabilities, recent bankruptcies, equipment, facilities, personnel resources and expertise; and, c) Availability of financial resources in consideration of other business commitments of the proposer.

SELECTION PROCESS
The License will be awarded to the responsible party who best demonstrates relevant experience and expertise; who, upon evaluation of all proposals received, best responds to this RFP; 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 interests of the State will be served thereby.

EVALUATION CRITERIA
Parties should carefully review the goals and requirements of this RFP, including all License Documents, Attachments and Addenda. All proposals will be evaluated on criteria that will include the following, provided that the relative value of all financial offers will be evaluated based on a standard term.

Category: Background and Experience - 50 Points


A. Demonstrated ability to establish, start up and maintain a multifaceted tourism business (20 points). Elements to be evaluated include but are not limited to: a) Size, scale, complexity and long-term viability of previous projects that are comparable to the proposed project; b) Economic performance of previous and current projects with which the proposer has been involved, including jobs created and economic benefits to the host community; and, c) Examples of public and private partnerships in projects comparable to the proposed project.

Category: Response to the RFP - 50 Points


D. Proposal for the development, improvement and operation of the proposed project (20 points). Elements to be evaluated include but are not limited to: a) The overall quality of the proposed development plan, its proposed timetables, the quality of the patron experience and the extent that the proposed project complements and enhances local community development/tourism objectives and existing/planned development projects;

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NYS Office of Parks Recreation & Historic Preservation b) Operations plans, including, management, staffing, operating schedule, capacity for ongoing maintenance and repair of project venues, and patron hospitality and safety; and, c) Public image, marketing and promotion plans including plans for creating a market for the project among a range of demographics, and maintaining customer interest throughout the lifetime of the project. E. The quality of the overall financial plan and impact of the proposal (15 points). Elements to be evaluated include but are not limited to: a) The use of reasonable and attributable assumptions; b) The level of investment; and, proposed private

USA Niagara Development Corporation

Category: Return to the State - 50 Points


G. License fee. Parties are required to respond with an annual License fee offer for term of the License as expressed on the Proposal Form. The first six areas listed above (Items A-F) shall be evaluated by a State Parks and USA Niagara Review Panel. Proposer responses to item shall constitute the total Return to the State (RTS). The proposal offering the highest RTS shall be awarded the full 50 points allocated to this portion of the evaluation of proposals. The points to be awarded to the proposal with the next and succeeding RTS will be calculated by computing each proposals RTS percentage of the highest RTS and multiplying that percentage by 50 (the total points available in this category). No decimal values will be considered. For evaluative purposes, decimal points are rounded down to whole numbers.

c) Projected short and long-term economic benefits to the local community (e.g., increased tourism across the year, extending the stay of visitors in Niagara Falls, sales and bed tax revenues, job creation, etc.). F. Appropriateness of the proposal to the city and park setting (15 points). Elements to be evaluated include but are not limited to: a) Impact of the proposal on park resources, including historic features; b) Visitor use patterns including motorized and non-motorized transportation, parking, and demands for services such as public safety; and, c) Environmental sustainability and footprint of the proposed project both during development and during ongoing operations.

PROCESS TIMETABLE
Table 3 outlines target dates are intended as a guide for the procurement process: Table 3: Target Dates for Procurement Target Date/Time Item Period March 6, 2014 RFP Issue Date March 25 & Site Tours April 1, 2014 April 8, 2014 Pre-Proposal Conference Call May 16, 2014 Due Date for Proposals 1st week June Oral Presentations Mid-July Licensee Recommendation

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USA Niagara Development Corporation Existence of any unresolved litigation or legal dispute between the Respondents and the State Parks, USA Niagara, ESD, NYPA, the City of Niagara Falls, or the State of New York.

DEADLINE FOR SUBMISSIONS


Respondents are required to submit ten (10) copies of their proposals prior to 2:00 P.M. local time on May 16, 2014. Packages shall be firmly sealed in an envelope or box, clearly marked: Proposal for Outdoor Recreation Programming and Related Facilities, Upper & Lower Niagara River, Niagara Falls, New York (X001171) Proposal Submitted by [Proposers Name] Any proposal that arrives after the deadline date and time will be time stamped and returned, unopened to the Respondent. Proposals shall be delivered to: Mr. Mark Thomas, Western District Director Assistant Deputy Commissioner New York State Office of Parks, Recreation and Historic Preservation Administration Building Prospect Park P.O. Box 1132 Niagara Falls, NY 14303 716.278.1702 State Parks, USA Niagara, and ESD reserve the right to reject a proposal if any document or item listed in this RFP is incomplete, improperly executed, indefinite, ambiguous, and/or is missing. Additionally, factors such as, but not limited to the following may also disqualify a respondent without further consideration: Evidence of collusion among Respondents; Any attempt to improperly influence any member of the evaluation panel; Discovery that a Respondent purposely misled or knowingly provided false or inaccurate information in a proposal; A Respondents default under any type of agreement, which resulted in the termination of that agreement; Information leading to a determination that a Respondent would not be certified as a Responsible Vendor as defined by the State Comptroller.

FREEDOM OF INFORMATION LAW


State Parks is subject to the Freedom of Information Law, which governs the process for the public disclosure 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 or part of such proposals from public disclosure, pursuant to Section 87(2)(d) of the Public Officers Law, on the grounds that the proposal contains trade secrets, proprietary information, or that the information, if disclosed, would cause substantial injury to the competitive position of the individual or firm submitting the information. Such exception may extend to information contained in the request itself, if public disclosure would defeat the purpose for which the exception is sought. The request for an exception must be in writing and state, in detail, the specific reasons for the requested exception. It must also specify the proposal or portions thereof, for which the exception is requested. If State Parks grants the request for exception from disclosure, State Parks shall keep such proposal or portion thereof in a secure place.

ORAL PRESENTATIONS
All parties who submit a conforming written proposal may be required to make an oral presentation of their qualifications and experience, and elaborating on the substance and assumptions of the proposal. Oral presentations are typically scheduled within thirty (30) business days following the receipt of proposals.

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NYS Office of Parks Recreation & Historic Preservation

USA Niagara Development Corporation

MODIFICATION OR WITHDRAWAL OF PROPOSALS


Proposals shall be firm and not revocable for a period of sixty (60) days unless withdrawn as provided herein. Modification or withdrawal of a proposal must be in writing, dated and signed by the signatory to the original proposal submission. The modification or withdrawal must be submitted in a sealed envelope clearly marked Modification [or Withdrawal] of Proposal for Outdoor Recreation Programming and Related Facilities, Upper & Lower Niagara River, Niagara Falls, New York (X001171) Proposal Submitted by [Proposers Name] and will not be considered unless actually received by State Parks prior to the time of the scheduled bid opening.

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USA Niagara Development Corporation development of the Project; and all other matters that may be material. Respondents shall not rely upon any statement or information given to respondents by the State, USA Niagara, ESD, State Parks or NYPA including, without limiting the foregoing, any information contained in this RFP or made available pursuant to this RFP, or otherwise. In addition to any other terms and conditions stated elsewhere, this RFP is subject to the following: a) The licensee must comply with all applicable federal, state and local laws and regulations. The licensee must accept the Project site(s) in its as is, where is condition. Authorization by the State Parks or NYPA to undertake any programming activity or development shall be governed by a Concession License. Demolition, removal, alteration or conversion of any existing improvement or portions thereof at the Project site are to be performed at the sole cost and expense of licensee after closing under the Concession License. The State, USA Niagara, ESD, State Parks and/or NYPA will not pay for or refund any costs and expenses incurred by any respondent in responding to this RFP or subsequent selection stages or by any licensee following selection and/or designation. All determinations as to the completeness or compliance of any response/proposal or as to the eligibility, qualification or capability of any respondent will be within the sole and absolute discretion of USA Niagara and State Parks. Selection or designation of any respondent pursuant to this RFP or subsequent selection stages will not create any rights

GENERAL TERMS AND CONDITIONS


Neither the State, USA Niagara, ESD, State Parks nor NYPA make any representations or warranties whatsoever with respect to this RFP and subsequent stages including, without limiting the foregoing, representations or warranties as to: the accuracy or completeness of any information or assumptions contained in or provided in connection with this RFP or otherwise furnished to respondents; the use or development, or potential use or development, of the Project or any portion thereof; the physical condition, environmental condition, layout, configuration, size, boundaries, access, location, systems and utilities for all land and improvements constituting the Project and for the adjacent properties; the absence or presence of hazardous substances or toxic materials in, under or upon the Project and the adjacent properties; compliance with environmental laws; and the suitability of the Project for any specific uses or development. Each respondent shall make its own analysis and evaluation of the Project, including, without limiting the foregoing: the physical condition, environmental condition, layout, configuration, size, boundaries, access, location, systems and utilities for all land and improvements constituting the Project and for all adjacent lands; the absence or presence of hazardous substances or toxic materials in, under, or upon the Project site and adjacent lands; compliance with environmental laws; and the suitability of the Project site for any use or development. Each respondent shall obtain its own independent legal, accounting, engineering and technical advice on all matters relating to the Project, including, without limiting the foregoing: examination, review and verification of any information provided by or on behalf of the State, ESD, USA Niagara, State Parks, NYPA and/or its advisors; land and improvements constituting the Project site and adjacent to the Project site; all local laws, regulations and conditions that may affect the use and RFP for Outdoor Recreation Programming 45

b) c)

d)

e)

f)

g)

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NYS Office of Parks Recreation & Historic Preservation for the respondent including, without limitation, rights of enforcement, equity or reimbursement. The State, USA Niagara, ESD, State Parks or NYPA shall have no obligation or liability whatsoever to any person or entity whose response/proposal is selected or designated as a result of this RFP unless and until a Concession License shall have been fully executed and delivered by all parties thereto and all necessary consents and approvals necessary the applicable agencies entry into such agreement have been obtained, and then all such obligations and liabilities shall be solely in accordance with the terms and conditions of such Concession License. h) A respondent may be rejected if USA Niagara and State Parks, in their exercise of sole and absolute discretion, that such respondent, any respondent partner, or member of a respondent team or any principal, partner, officer, director, affiliated person, or principal shareholder of the respondent, of any respondent partner, or of any member of a respondent team, has been convicted of, or pled guilty or nolo contendere to, a felony or crime of moral turpitude, is an organized crime figure, under indictment or criminal investigation, or is in arrears or in default on any debt, contract, or obligation to or with the State, USA Niagara, ESD, State Parks, NYPA, or any of their respective affiliates, subsidiaries, agencies, departments or instrumentalities. Each respondent, respondent partner, and member of a respondent team and any principal, partner officer director, affiliated person, or principal shareholder of the selected respondent, respondent partner, or member of the respondent team may be required to complete a background questionnaire with respect to the foregoing, or other matters, and may be subject to investigation by the State, USA Niagara, ESD, State Parks, or NYPA.

USA Niagara Development Corporation Neither USA Niagara nor State Parks is under any legal obligation to dispose of the Project through a competitive bid process. This Request does not constitute an offer of any nature and does not obligate USA Niagara or State Parks to undertake any action or to proceed with the Project. i) State Parks and USA Niagara will review all responses for completeness and compliance with the terms and conditions of this RFP, and may request from any and all of the respondents, at any time during the selection process, additional information, material, clarification, confirmation, or modification of any submitted response and/or proposal. State Parks and USA Niagara may also, but is not obligated, to make requests for additional material or for clarification or modification of any submitted response and/or proposal which is incomplete or non-conforming as submitted. Submission of a proposal shall constitute the respondents permission to State Parks and USA Niagara to make such inquiries concerning the respondent and members of the respondents team as the agencies, in their sole discretion, deem useful or appropriate including, without limitation, authorization to contact the respondents bank(s) and credit references, and any other persons identified in the proposal and to obtain pertinent financial and other information. Under no circumstances will the State, ESD, USA Niagara, State Parks and/or NYPA pay or be liable for any costs incurred by a firm/team in responding to this RFP or subsequent stage submittals, or in connection with the transfer of rights to the Project site(s). Responses and/or proposals shall be accepted from principals only. No brokerage fees, finders fees, commissions or other compensation will be payable by the State, ESD, USA Niagara, State Parks or

j)

k)

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NYS Office of Parks Recreation & Historic Preservation NYPA in connection with the selection of a respondent. Submission of a statement of interest and/or proposal in response to this RFP or subsequent stage constitutes an undertaking by the respondent to hold harmless and indemnify and defend the State, ESD, USA Niagara, State Parks and NYPA from and against any and all expenses, damages or liability (including, without limiting the foregoing, attorneys fees and disbursements) arising out of any claim for such fees, commissions or other compensation made in connection with such respondents response to this RFP, selection (or non-selection) thereunder or execution (or non-execution) of a Concession License. l) Public access to material submitted by respondents to this RFP or subsequent stage shall be governed by the relevant provisions of the Freedom of Information Law, which constitutes Article 6 of the New York State Public Officers Law (FOIL), and regulations adopted pursuant thereto. If any respondent submits information which it believes to be a trade secret or otherwise exempt from disclosure under FOIL, it must specifically identify such information and state in writing the reasons why the information should be exempt from disclosure Notwithstanding the foregoing, the State, ESD, USA Niagara, State Parks, or NYPA shall not be liable if the State, ESD, USA Niagara, State Parks, or NYPA releases information, whether or not pursuant to FOIL which the respondent believes to be a trade secret or detrimental to its business. m) In the event that State Parks and/or USA Niagara becomes aware of any material misrepresentation in the information supplied by a developer, State Parks/USA Niagara shall have the right to reject at any time the response and/or proposal of the respondent, to refuse to negotiate or continue negotiations with the respondent

USA Niagara Development Corporation and to take any other action, including retaining any deposit made by the respondent, as shall be deemed appropriate by State Parks/USA Niagara, in each entitys sole discretion. n) The ultimate selected licensee will be required to comply with ESDs/USA Niagaras Non-Discrimination and Contractor & Supplier Diversity policies will apply to this Project. The preferred developer/operator shall be required to: (i) include minorities and women in any job opportunities created, (ii) solicit and utilize Minority and Women Business Enterprise (MWBE) for any contractual opportunities generated in connection with the Project and (iii) use Good Faith Efforts (pursuant to 5 NYCRR 142.8) to achieve an to be determined MWBE Participation Goals. The selection of a preferred developer/operator will create no legal or equitable rights in favor of the selected developer/operator, including rights of enforcement or reimbursement. A respondents response and/or proposal for the Project is not assignable and only the party identified as the developer/ operator/principal in the selected respondents submission will be permitted to execute the Concession License. By submitting a response to this RFP or subsequent RFP(s), the respondent agrees to be bound by all the terms and conditions of this RFP.

o)

p)

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USA Niagara Development Corporation

COMPLETION CHECKLIST
Section 1. Cover Letter and/or Executive Summary 2. Organization Information 3. Experience and References 4. Overall Concept and Approach 5. Preliminary Plan for Outdoor Recreational Programming and Associated Facilities Appendices: Information Form: Completed, signed, and notarized form and certification (model form included under Attachment B may be recreated) Non-Discrimination and Contractor/Supplier Diversity Goals: Overall Approach Completed Form OCSD-1: MWBE Participation/Equal Employment Opportunity Policy Statement Compliance with State Tax Law Section 5-a, EITHER: Completed Form ST-220-CA OR Completed Affidavit of Non-Applicability of State Tax Law 5-A Compliance with Iran Divestment Act: Compliance Statement on Company letterhead Compliance with State Finance Law Sections 139-j and 139-k: Completed Form Disclosure of Prior Non-Responsibility Determinations Completed Form Affirmation of Understanding and Agreement Pursuant to State Finance Law Compliance with New York State Comptroller Requirements for Responsible Vendors (Depending on Structure of the Respondents Organization), EITHER: Completed and notarized Responsibility Questionnaire for For-Profit Entities; OR Completed and notarized Responsibility Questionnaire for Not-For-Profit Entities. Check-off ______ ______ ______ ______ ______

______

______ ______

______ ______ ______ ______ ______

______ ______

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