REQUIRED FORM ‘A’: PROPOSAL CHECKLIST AND PRESS RELEASE INFORMATION

Proposal for: Click here to enter text
Entity Proposing: Click here to enter text
Authorized representative of proposer: Click here to enter text
Mailing address: Click here to enter text
Office phone: Click here to enter text
Cell phone number: Click here to enter text
E-mail address: Click here to enter text

The following information, forms and documentation are to be included in the proposal. All forms are to be completed in full, signed, and included in the bound proposal in the section indicated.

1.Cover Letter

  1. Customer Experience Initiative
  2. Detailed description of your plan to target Primary Segments
  3. How concept targets Primary Segments
  4. Concept Conformity to Customer Experience Business Initiative Concept Conformity to the RFP concept request
  1. Strength of the Proposed Concept and Design

a.Detailed Description of Concept/Brand

b.Description of how concept conforms to desired concept

c.Brand Background

d.Deviation or adaptations of Concept

e.Published reviews or awards

f.Menus or Merchandise Lists and Pricing

g.Design of Concept

h.Cross Utilization of Multi-use Space

i.Preliminary Plans

4.Experience and Qualifications

a.Overall Experience

b.Experience with this Concept

c.Experience with Similar Concept

d.Management Team

e.Operations Team

f.Disclosures

g.References

h.Defaults and Terminations

i.Delinquent Debts or Arrearages

5.Operations and Management Plan

a.Operations Plan

b.Proposed Management, Staffing and Training

c.Marketing and Promotions Plan

d.Schedule for Design and Construction

e.Proposer’s Business Diversity Policy

6.Business Plan

a.Quality Control and Supervision by Owner

b.Financial Pro Forma

c.ACDBE Participation

7.Required Forms

a.Proposal Checklist and Attachment A (This form- completed and executed)

b.Proposer Questionnaire(Complete and execute using form provided)

1. Attach financial information as required in Part 4 – Financial information

c.ACDBE and M/W/S/BE Participation and Commitment Forms

1. Diversity and Inclusiveness in City Solicitations Information Request

Form***

d.Percentage Fee Rate

e.Brand Portfolio Affidavit (Complete and execute using form provided)

f.Evidence of Licensing or Franchising Authority– Include a letter from the brand owner stating that the proposer will be authorized to operate using the brand. (Further evidence will be required prior to execution of the concession agreement).

g.Capital Investments and Funding

h.Funding Source Letter

i.Proposal Surety – Letter of Credit or Proposal Bond (complete and attach using form provided)

j.Addenda Acknowledgment Sheets

k.Proposal Documents

l.Sample Concession Agreement(s) and Concession Policy

m.Financial Pro Forma

n.Political Contributions and/or Donations Disclosure Certificate

o.Diversity and Inclusiveness in City Solicitations

***Sign and include in proposal.

/s/

Name

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SECTION IV – REQUIRED FORMS1FEBRUARY 28, 2017

ATTACHMENT A TO REQUIRED FORM ‘A’

PRESS RELEASE INFORMATION

This form is not used during the proposal evaluation process. It is intended to provide information for a press release upon selection of the successful proposer.

Please provide a copy of this form with your Proposal.

  1. “Doing Business As” name of the business: Click here to enter text
  2. Legal name of the business: Click here to enter text
  3. Are you an ACDBE firm? Yes, No

Are you partnering with an ACDBE Firm? If so, please name partnering company and contact: Click here to enter text

  1. Location: Terminal, Concourse A, Concourse B, Concourse C
  2. Type of business:

Retail, Service, Restaurant w/out bar, Restaurant w/bar, Food Court,

Other: Click here to enter text

  1. Owner’s name: Click here to enter text
  2. Name of company’s media contact: Click here to enter text
  3. Company’s website: Click here to enter text
  4. Media contact’s email: Click here to enter text
  5. Media contact’s phone: Click here to enter text
  6. Please tell us ten things that are special and interesting about your business. Examples include type of products, brands, menu items, local company, national company, design details, etc.
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REQUIRED FORM ‘B’: PROPOSER QUESTIONNAIRE

GENERAL INFORMATION

The proposer hereby certifies all statements and all answers to questions herein are true and correct to the best of their knowledge and belief. All information requested in this Questionnaire must be furnished by the proposer and must be submitted with the Proposal Form. Statements must be complete, accurate and in the form requested. Additional sheets may be attached if required. If additional sheets are required, identify all responses according to the corresponding number below. Write “N/A” where not applicable.

For each question requiring a separate attachment sheet, restate the paragraph number, and restate the corresponding question.

NAME OF ENTITY PROPOSING: Click here to enter text

1.ACDBE AND SMALL BUSINESS CERTIFICATION

Indicate below if the proposer is certified by the City and County of Denver as an Airport Concession Disadvantaged Business Enterprise (ACDBE) and/or as a Small Business.

Not a certified ACDBE Not a certified Small Business

Yes – ACDBE (Attach copy of Certification)

Yes – Small Business (Attach copy of Certification)

2.OWNERSHIP INTEREST AND DISCLOSUREINCLUDING CHART OF OWNERSHIP

The information disclosed below will be utilized to determine the entities documented in any final executed agreement(s) and used to calculate Concentration of Ownership.

For corporations, partnerships, and limited liability companies, provide the name and address of each shareholder, member, or partner of the proposed concession that holds any interest.

NAMEADDRESSOWNERSHIP INTEREST (%)

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City requests the following information from all proposers: copies of joint venture agreements, shared ownership agreements, shared finance agreements, management contracts between joint venture partners or shareholders, responsibilities of each individual or entity identified above (including but not limited to management, day to day operations, recruiting, hiring and training of staff), distribution of profit, and capital contributions, Articles of Incorporation, Organization, Registration with the Colorado Secretary of State showing the trade names registered and the entity being in good standing and State filings.

3.STATE OF INCORPORATION OR ORGANIZATION

Please provide the proposer’s state and date of incorporation or organizationand the state and date of incorporation or organization for each entity comprising the proposing entity.

4.TAX IDENTIFICATION NUMBER

Please state the proposer’s federal taxpayer identification number: Click here to enter text

5.FINANCIAL INFORMATION

a.Provide current Dun & Bradstreet Summary, if available. If a Dun & Bradstreet Summary is not available, state the reason.

b.Provide the name, address, telephone and fax numbers for a representative of the proposer’s bank. Attach a letter of reference from the bank.

c.Attach such other information demonstrating the proposer’s ability to fund the capital investment and undertake the obligations and operations subject to this RFP. (For example, letter of commitment for financing from a bank or other lender, funding sources, guarantors, investors, cash available, line of credit, etc.) All funds must specify they are available for this specific opportunity.

d.All proposers should provide financial statements, including balance sheets, statements of income, statement of cash flow and changes in financial position, for the last two calendar or fiscal years. Audited statements are strongly preferred. In the event audited financial statements are not available, all financial statements should be certified by the proposer’s Controller or an Officer of the Company.

e.If the proposer is an individual, attach copy of the proposers most recent federal income tax returns for the past two calendar or fiscal years and personal financial statement.

If additional information is requested for clarification, proposers must be submit requested informationforthwith orproposal are non-responsive.

6.SURETY INFORMATION

Has the proposer, any entity comprising the proposer, or any legal person comprising the proposer ever had a bond or surety cancelled or forfeited? If yes, state the name of the bonding company, date, amount of bond, and reason for such cancellation or forfeiture.

7.DISSOLUTION, INSOLVENCY, OR BANKRUPTCY INFORMATION

Has the proposer, any entity comprising the proposer, or any legal person comprising the proposer ever (i) made an assignment for the benefit of creditors, (ii) had a receiver, liquidator or trustee of your property, (iii) had a petition filed by you or against you for bankruptcy or reorganization pursuant to the federal Bankruptcy Code or any similar state or federal statute, or (iv) been adjudicated as bankrupt or insolvent? If yes, give details, including date, court jurisdiction, amount of liabilities, and amount of assets and current status.

8.DISCLOSURE OF DEBARMENT PROCEEDINGS, TERMINALS OR DEFAULTS, CONVICTIONS, AND PAYMENT DELINQUENCIES

a.Has the proposer, any entity comprising the proposer, or any of its principals, parent companies, subsidiaries or related companies ever been debarred or suspended from bidding or proposing? If yes, include a statement of any proceedings which prohibited or limited the proposer from bidding or proposing with any federal, state, or local government entity. Include a brief description of the reasons for such action having been taken, the effective dates thereof, and the governmental agency involved.

b.Has the proposer, any entity comprising the proposer, or any of its principals, parent companies, subsidiaries or related companies been terminated for cause or declared in default under any lease, agreement, loan, or other contractual obligation within the past five (5) years, without the termination or default being withdrawn or resolved in favor of the proposer? If yes, include a brief statement identifying the contract in question and the parties to the contract, and a brief description of the default or termination.

c.Has the proposer, any entity comprising the proposer, or any of its principals, parent companies, subsidiaries or related companies been convicted of a bid or proposal related crime or violation, or been convicted of any felony in any jurisdiction within the last five (5) years?If yes, provide the names of the individuals, charges for which the individual was convicted, and the court of jurisdiction.

d.Is the proposer, any entity comprising the proposer, or any of its principals, parent companies, subsidiaries or related companies presently delinquent or in arrears in payments of rent or any debt incurred under any lease, agreement, loan, or other contractual obligation with City or any other landlord or creditor? If yes, fully describe each delinquency or arrearage, including the contract in question, the parties to the contract and any legal or administrative proceedings a creditor has commenced to collect the delinquency or the proposer has commenced to dispute the delinquency or arrearage under the provisions of the contract.

9.DELINQUENT TAXES

Is the proposer, any entity comprising the proposer, or any legal person comprising the proposer delinquent in the payment of any city, state, or federal taxes? If yes, fully describe each such obligation along with any agreed upon plan of payment with the respective taxing authority.

10.ACCURACY OF SUBMITTED PROPOSAL DOCUMENT

The undersigned Proposer hereby attests to the truth, sufficiency, completeness and accuracy of all statements, answers, and representations made in this Questionnaire, including all supplementary statements, references and information attached herein (individual, partner, joint venture, authorized officer of corporation, member or manager of a limited liability company etc.). Proposer understands and agrees the information contained this Questionnaire is material to City and will be relied upon in award of this opportunity.

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Click here to printed name and title

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(SEAL)Click here to enter the date

Failure by proposers to complete and sign above will result in submittal of a non-responsive proposal.

REQUIRED FORM ‘C’: ACDBE LOI AND MWbe Commitment FORM

AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS

  1. BACKGROUND

City policy requires airport concession disadvantaged business enterprises (ACDBEs) as defined in 49 C.F.R. Part 23 have maximum opportunity to participate in the performance of opportunities financed in whole or in part with federal funds. ACDBE participation is highly encouraged in all concession opportunities. DSBO has developed and implemented an ACDBE program for DEN as required under 49 C.F.R. Part 23. The ACDBE program objective is to ensure full and fair access to concession opportunities for all business and in particular ACDBE business entities. Opportunities pertaining to the concession program at DEN are subject to the requirements of 49 C.F.R. Part 23.

City’s Director of DSBO has been delegated as the ACDBE Liaison Officer for DEN. The Director of DSBO is responsible for compliance with all aspects of the ACDBE program. The Director of DSBO has established ACDBE goals for DEN and for this opportunity. Proposers must commit, at a minimum, to meeting the ACDBE participation goal setfor this opportunity as the percentage of annual gross receipts for this opportunity. The Director of DSBO will determine whether a proposer’s proposal is responsive to this opportunity’s ACDBE goal.

  1. OPPORTUNITY SPECIFIC ACDBE REQUIREMENT

For thisopportunity,anACDBEparticipationgoalof33% ofgross receiptshas been established.ACDBEparticipationis allowable through joint venture, partnership orother legalarrangement meetingthe eligibilitystandardsin 49 C.F.R. Part 23 andasdetailedbelow.TheACDBE goalmaybemet throughprocuringgoodsandservicesfromcertifiedvendors. A list ofACDBE-certifiedvendorsmaybe obtainedfromDEN’sDivisionofSmallBusinessOpportunity(see belowfor contactinformation) andtheACDBELetter of Intent Formmust be includedwith theproposal for all ACDBE firms counting for credit.Also, the ACDBE Commitment Form and Affirmation must be submitted by March 31, 2017.

Allfirmsrelied upon to meet the ACDBE goalfor this opportunity mustbecertifiedbytheCity andCounty ofDenverortheColoradoDepartmentof TransportationasanACDBE,in acategory appropriatetotheopportunity*,by March 31, 2017.

Thesuccessful proposer will be responsiblefor meetingthisgoal (orprovidingdocumentationofgoodfaithefforts to do so)on or beforeMarch 31, 2017.TheDirectorof DSBOwilldeterminewhether proposals ofparticipationand/or goodfaitheffortsareresponsive.

Certification applications may be obtained on the internet at or from DSBO, 201 West Colfax Avenue, Dept. 208, Denver, CO 80202, phone (720) 913-1999 or Denver International Airport, Airport Office Building (AOB), Suite 7810, Denver, CO 80249, phone (303) 342-2180. Questions regarding the certification process should be directed to the ACDBE Certification Coordinator located at DEN at

*For ACDBE owners/operators, the category of certification must match the opportunity (i.e., for F&B opportunities, the ACDBE must be certified in an appropriate F&B category; an appropriate retail code for retail; an appropriate service code for service). ACDBE suppliers must be certified in a code that matches the good/service to be provided.

  1. ACDBE PARTICIPATION:

A proposer may meet its ACDBE participation commitment utilizing any combination of options stated below, all of which require proof of ACDBE certification by the City and County of Denver, DSBO or the Colorado Department of Transportation (CDOT) pursuant to 49 C.F.R. Part 23. ACDBE certification applications may be obtained via the methods and locations described above.

The amount and type of participation proposed will become a firm commitment in any final executed agreement(s), which is monitored by DSBO. Proposers agree, as an express condition of its performance, to comply with the requirements of 49 C.F.R Part 23 and the appropriate provisions under any final executed agreement(s). Proposers acknowledge, failure to comply with these requirements may result, at the sole discretion of DSBO’s Director, in the imposition of liquidated damages, as provided for in any final executed agreement(s).

Options for meeting the ACDBE commitment are:

1)100% ACDBE participation: The business entity is solely owned and operated by an ACDBE firm (letter of intent not necessary).

2)Percentage Participation: A designated percentage of the business is owned, operated and/or maintained by an ACDBE through sub-contract, sub-agreement, or joint venture arrangements.**

3)Percentage of Goods/Services towards Vendor Purchases: A designated percentage of the gross receipts committed to the purchase of goods and services from ACDBE certified vendors. A list of ACDBE certified vendors may be obtained from DEN’s DSBO (see below for contact information). A Letter of Intent must be completed by the proposer and signed by all parties.

4)Other Legal Arrangement: For this option, a proposer may propose some other legal arrangement as long as it meets the eligibility standards in 49 C.F.R. Part 23.

** Joint Venture Agreements: For purposes of ACDBE participation, joint venture means an association of an ACDBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the ACDBE is responsible for a distinct, clearly defined portion of the work of the contract and whose shares in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. DSBO considers any entity that is comprised of an ACDBE and one or more other firms to be a joint venture even if the participants do not identify elsewhere as a joint venture. Joint venture entitles are not certified as ACDBEs.

If the proposer is participating in a joint venture with a certified ACDBE firm, a signed/fully executed agreement between all parties, a detailed list of roles and responsibilities for each party, the Joint Venture Eligibility Form (link below) and Joint Venture Affidavit (link below), must be submitted by [Insert Submittal Date].

Note: Joint ventures should be reviewed byDSBOprior to submission. ProposersareencouragedtoworkwithDSBOwhilenegotiating anddraftingagreementsbetweenparties tobecertain thearrangement can be approvedforACDBEcounting. Inorder to allowsufficient timeforDSBO toreviewandrespondtoproposers,pleasesubmit requestsfor preliminary reviews,alongwithdraftcopies ofagreements, toDSBO as soon as possible prior to the March 31, 2017deadline.

Note:Allfirmsrelied upon for ACDBE participation mustbecertified bythe CityandCounty ofDenverorthe ColoradoDepartment of Transportation asan ACDBE,in acategory appropriatetotheopportunity***,by March 31, 2017.