REQUIRED FORM ‘A’: EOI CHECKLIST AND PRESS RELEASE INFORMATION
EOI for: Click here to enter text.Entity Responding: Click here to enter text.
Authorized representative of Respondent: 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 EOI. All forms are to be completed in full, signed, and included in the EOI in the section indicated.
1. EOI Narrative
2. Development and Activation Timeline
3. Revenue Model
4. Proposed Concept and Design
5. Management and Operations Plan
6. Experience & Qualifications
7. Financial Capacity
8. Legal Entity
9. Other Relevant Information
10. Required Forms
a. EOI Checklist and Attachment A (This form - completed and executed)
b. Respondent Questionnaire (Complete and execute using form provided)
1. Attach financial information as required to demonstrate Financial Capacity
c. ACDBE and M/WBE Participation and Commitment Forms
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 respondent will be authorized to operate using the brand.
g. Capital Investments and Funding
h. Funding Source Letter
i. EOI Surety – Letter of Credit or EOI Bond (complete and attach using form provided)
j. Addenda Acknowledgment Sheets
k. EOI 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
p. Project Development and Activation Timeline
Sign and include in EOI.
Signature
Printed Name Click here to enter text.
Printed Title Click here to enter text.
ATTACHMENT A TO REQUIRED FORM ‘A’
PRESS RELEASE INFORMATION
This form is not used during the evaluation process. It is intended to provide information for a press release upon selection of the successful Respondent(s). This form will need to be filled out for per concept contained in the EOI.
Please provide a copy of this form with your EOI.
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.
4. Location: ☐ Concourse A West Mez. ☐ Concourse A East Mez. ☐ Concourse A Center Core ☐ Concourse C East Mez
5. Type of business:
☐ Retail, ☐ Service, ☐ Restaurant w/out bar, ☐ Restaurant w/bar, ☐ Food Court,
☐ Other: Click here to enter text.
6. Owner’s name: Click here to enter text.
7. Name of company’s media contact: Click here to enter text.
8. Company’s website: Click here to enter text.
9. Media contact’s email: Click here to enter text.
10. Media contact’s phone: Click here to enter text.
11. 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.
a. Click here to enter text.
b. Click here to enter text.
c. Click here to enter text.
d. Click here to enter text.
e. Click here to enter text.
f. Click here to enter text.
g. Click here to enter text.
h. Click here to enter text.
i. Click here to enter text.
REQUIRED FORM ‘B’: RESPONDENT QUESTIONNAIRE
GENERAL INFORMATION
The respondent 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 respondent and must be submitted with the EOI. 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, restate the paragraph number, and restate the corresponding question.
NAME OF ENTITY RESPONDING: Click here to enter text.
1. ACDBE AND MINORITY/WOMAN OWNED BUSINESS CERTIFICATION
Indicate below if the respondent is certified by the City and County of Denver as an Airport Concession Disadvantaged Business Enterprise (ACDBE) and/or as a Minority/Woman Owned Business Enterprise (M/WBE).
☐ Not a certified ACDBE ☐ Not a certified SBE
☐ Yes – ACDBE (Attach copy of Certification)
☐ Yes – M/WBE (Attach copy of Certification)
2. OWNERSHIP INTEREST AND DISCLOSURE INCLUDING 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.
NAME ADDRESS OWNERSHIP INTEREST (%)
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City requests the following information from all respondents: 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 Respondent’s state and date of incorporation or organization and the state and date of incorporation or organization for each entity comprising the proposing entity.
4. TAX IDENTIFICATION NUMBER
Please state the respondent’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 respondent’s bank. Attach a letter of reference from the bank.
c. Attach such other information demonstrating the Respondent’s ability to fund the capital investment and undertake the obligations and operations subject to this RFI. (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 Respondents 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, Respondent’s controller or an officer of the company should certify all financial statements.
e. If the Respondent is an individual, attach copy of the Respondents most recent federal income tax returns for the past two calendar or fiscal years and personal financial statements.
If additional information is requested for clarification, Respondents must submit requested information forthwith or the EOI is non-responsive.
6. SURETY INFORMATION
Has the Respondent, any entity comprising the respondent, or any legal person comprising the respondent 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 Respondent, any entity comprising the respondent, or any legal person comprising the Respondent 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 status.
8. DISCLOSURE OF DEBARMENT PROCEEDINGS, TERMINALS OR DEFAULTS, CONVICTIONS, AND PAYMENT DELINQUENCIES
a. Has the Respondent, any entity comprising the Respondent, 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 that prohibited or limited the respondent 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 Respondent, any entity comprising the respondent, 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 respondent? 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 Respondent, any entity comprising the respondent, 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 or entities and charges for which the individuals or entities were convicted, and the court of jurisdiction.
d. Is the Respondent, any entity comprising the Respondent, 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 respondent has commenced to dispute the delinquency or arrearage under the provisions of the contract.
9. DELINQUENT TAXES
Does the Respondent, any entity comprising the Respondent, or any legal person comprising the Respondent have delinquent taxes in any city, state, or with the federal government? If yes, fully describe each such obligation along with any agreed upon plan of payment with the respective taxing authority.
10. ACCURACY OF SUBMITTED EOI DOCUMENT
The undersigned Respondent 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.). Respondent understands and agrees the information contained in this questionnaire is material to City and will be relied upon in award of this opportunity.
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Signature
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Printed Name and Title
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Printed Name and Title
(SEAL)
Date.
Failure by respondents to complete and sign above will result in submittal of a non-responsive EOI.
REQUIRED FORM ‘C’: ACDBE LOI AND MWBE COMMITMENT FORM
DUE AT TIME OF EOI (October 13, 2017)
1. ACDBE Letter of Intent: http://business.flydenver.com/bizops/smallBus.asp Look under Concessions Program Information (ACDBE Letter of Intent)
2. Concessions Build-Out MWBE Commitment Form: http://business.flydenver.com/bizops/documents/mwbeCommitment.pdf
3. ACDBE Commitment Form: http://business.flydenver.com/bizops/documents/acdbeCommit.docx
4. JV Affidavit:
http://business.flydenver.com/bizops/documents/jvAff.pdf
5. JV Eligibility Form:
http://business.flydenver.com/bizops/documents/jvEligible.pdf
REQUIRED FORM ’D’: PERCENTAGE FEE RATE
NAME OF RESPONDENT: Click here to enter text.
This form will need to be filled out per concept contained in the EOI. Respondents must fill out either Section 1 or provide the information requested in Section 2.
1. Percentage Fee Rate
The Percentage Fee Rate below will be used as the multiplier against the Respondent’s Gross Receipts, as defined in any final agreement(s), to calculate the Percentage Fee.
Upon final acceptance of the Percentage Fee Rate by City, the rate will be incorporated into the executed agreement(s).
Percentage Fee Rate (in numerals) / Click here to enter text.%Percentage Fee Rate (written) / Click here to enter text. percent
MAPF (in numbers) / $Click here to enter text.
MAPF (written) / Click here to enter text.
Signature: / Title:Click here to enter text.
Printed Name:Click here to enter text. / Date:Click here to enter text.
City will not renegotiate Percentage Fee Rates. City is under no obligation to accept the highest rate proposed.
The MAPF and the Percentage Fee make up the Privilege Fee due as compensation under an agreement. The MAPF is the minimum amount of compensation due to the City every month during the term of an agreement. For the first year of an agreement, to calculate the MAPF take eighty-five percent (85%) of the projected first year Gross Receipts multiply by the proposed Percentage Fee Rate, and divide by twelve (12). For further details, please refer to Section 5.01 of the Sample Agreement attached hereto.
See the following example:
Projected Annual Sales: $5,000,000 X 85% = $4,250,000
85% Projected Sales: $4,250,000 X 12% (Percentage Fee) = $510,000 MAPF
MAPF: $510,000 ÷ 12 = $42,500 per month.
2. ALTERNATIVE COMPENSATION
Respondents may attach to this Required Form D, a detailed description and justification for an alternative compensation model for any concept(s) identified in the EOIs that would not allow for payment of a MAPF and/or Percentage Fee.
3. CONDITIONS OF EOI SUBMITTAL
Submittal of this EOI constitutes a firm offer to City and may be accepted by the City at any time within 120 days of Friday, October 13, 2017. City, with Respondent’s approval, may extend this offer after the aforementioned date.
REQUIRED FORMS RFI NO. 201735212 Passenger Lounge Services Operator(s) September 1, 2017
REQUIRED FORM ‘E’BRAND PORTFOLIO AFFIDAVIT
City reserves the right to grant to others the right to operate and sell specialty merchandise and/or goods and/or services at other locations within DEN. As such, City requires several assurances from Respondents. In addition, Respondents must understand concessions at DEN operate on a non-exclusive revocable basis including any “brand” offered.