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REQUEST FOR PROPOSAL

Proposal #: 26-VCN-049

Title: Arvada Indoor Equestrian Center Lease

RFP Issued: August 21, 2026

Question Deadline: September 9, 2026 2:00 PM MDT Questions must be submitted through BidnetDirect.com.

Responses will be posted on Bidnet via addendum.

Proposals Due By: September 23, 2026 2:00 PM MDT

Electronic Submissions must be submitted online at BidNetDirect.com.

This is the only valid source for postings regarding this solicitation.

Late responses will not be considered for award.

Projected Start Date: January 1, 2027

For additional administrative information not related to the project contact: Dawn Krank dkrank@arvada.org Contact with the requesting department may result in vendor disqualification.

Documents included in this Request:

General Terms and Conditions page 2-4 Special Terms and Conditions page 4-5 Insurance Requirements page 5-6 Administrative Information and Evaluation Criteria page 6-8 Statement of Work page 9-11 Required Vendor Submittal Form, Submittal Checklist page 12-13 Exhibits Exhibit A – Area of Operation

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GENERAL TERMS AND CONDITIONS

1. NO MULTI-YEAR FISCAL OBLIGATION. Financial obligations of Arvada payable after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted, and otherwise made available by the City Council for Arvada. Arvada’s obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of Arvada within the meaning of Article X, Section 20 of the Colorado Constitution (TABOR).

2. TAXES. Arvada shall not be liable for the payment of any excise, sales, or use taxes. Arvada is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-01789). Contractor shall not invoice Arvada for any state, federal or local taxes. Upon written notification by Arvada, Contractor shall reimburse Arvada in a timely manner for any taxes erroneously paid by Arvada.

3. NO INDEMNIFICATION BY ARVADA. Arvada is prohibited under Article XI, Section 1 of the Colorado Constitution from indemnifying anyone. Despite any provision in any contract document to the contrary, Arvada does not indemnify Contractor or anyone else under the Agreement.

4. INDEMNIFICATION OF ARVADA. Contractor shall indemnify, defend, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards, and other amounts (including attorneys’ fees and related costs) arising from or related to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with the Agreement.

4.1. Confidential Information Indemnification. Disclosure or use of Arvada Confidential Information by Contractor may be cause for legal action by third parties against Contractor, Arvada, or their respective agents. Contractor shall indemnify, defend, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by Arvada in relation to any act or omission by Contractor, including any unauthorized disclosure of Arvada Confidential Information, or by its employees, agents, assigns, or subcontractors. “Confidential Information” means any and all Arvada Records not subject to disclosure under CORA.

Confidential Information includes, but is not limited to, Personally Identifiable Information (“PII”), Protected Health Information (“PHI”), Payment Card Industry data (“PCI”), data related to tax information, Criminal Justice Information (“CJI”), and Arvada personnel records not subject to disclosure under the Colorado Open Records Act (C.R.S. §§24- 72-200.1 et seq.)(“CORA”). Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to Arvada, which has been communicated, furnished, or disclosed by Arvada to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to Arvada; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any Confidential Information. “Arvada Records” means any and all Arvada data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under the CORA.

4.2. Intellectual Property Indemnification. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any deliverable, good or service, software, or work provided by Contractor under the Agreement (collectively, “IP Deliverables”), or the use thereof, infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. Contractor’s obligations shall not extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or method, unless the other product, system, or method is (a) provided by Contractor or Contractor’s subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided by substituting another reasonably available product, system, or method capable of performing the same function; or (d) is reasonably expected to be used in combination with the IP Deliverables.

4.3. Artificial Intelligence (AI). Contractor shall be fully responsible for all acts and omissions related to its use of any AI functionality to provide the Work. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim arising from Contractor’s use of AI functionality to provide the Work.

5. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of Arvada, its departments, boards, commissions, committees, bureaus, offices, employees and officials shall be governed by the provisions of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (CGIA). No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the CGIA.

6. OPEN RECORD REQUESTS. Arvada is obligated to comply with the Colorado Open Records Act (C.R.S. §§24-72-200.1 et seq.)(CORA), which may require Arvada to disclose all or a portion of communications relating to the Agreement, any transaction under the Agreement, and other related matters. Contractor has been advised to familiarize itself with CORA. Any confidentiality provisions in any contract documents are subject to the provisions of CORA.

7. PROTECTION OF PERSONAL IDENTIFYING INFORMATION. In the event the Agreement includes or requires Arvada to disclose to Contractor any Personal Identifying Information as defined in C.R.S. § 24-73-101, Contractor shall comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq., relating to third-party service providers.

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8. NO THIRD PARTY BENEFICIARIES. The Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than Arvada and Contractor. Enforcement of the Agreement and all related rights and obligations are reserved solely to Arvada and Contractor. Any services or benefits which third parties receive as a result of the Agreement are incidental and do not create any rights for such third parties.

9. ASSIGNMENT. Contractor’s rights and obligations under the Agreement are personal and may not be transferred or assigned without the prior, written consent of Arvada. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Contractor’s rights and obligations approved by Arvada shall be subject to the provisions of the

Agreement. Any provision of an assignment that enlarges any duty, responsibility, or obligation of Arvada, or that limits, curtails, or diminishes any right or privilege of Arvada, without Arvada’s express written consent, shall be void.

10. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns.

11. SURVIVAL. Any provision of the Agreement that imposes an obligation on a party after the Agreement’s termination or expiration shall survive the termination or expiration and shall be enforceable by the other party.

12. SUBCONTRACTS. Contractor shall not subcontract any of its responsibilities without Arvada's prior written approval, which will not be unreasonably withheld. Contractor shall submit to Arvada a copy of each such subcontract upon Arvada’s request. All subcontracts Contractor enters into in connection with the Agreement shall comply with all applicable federal, state, and local laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of the Agreement. Contractor agrees it is fully responsible for subcontractors performing services under the

Agreement. Contractor shall be Arvada's sole point of contact regarding the services, including with respect to payment.

13. INDEPENDENT CONTRACTOR. Contractor shall perform its duties under the Agreement as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of Arvada. Contractor shall not have authorization, express or implied, to bind Arvada to any agreement, liability, or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through Arvada and Arvada shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to the Agreement. Contractor shall: (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law; (ii) provide proof thereof when requested by Arvada; and (iii) be solely responsible for its acts and those of its employees and agents.

14. LICENSES, PERMITS, AND OTHER AUTHORIZATIONS. Contractor shall secure, prior to the effective date, and maintain at all times during the term of the Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under the Agreement, and shall ensure that all employees, agents and subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to the Agreement.

15. STANDARD AND MANNER OF PERFORMANCE. Contractor shall perform its obligations under the Agreement in accordance with the highest standards of care, skill, and diligence in Contractor’s industry, trade, or profession.

16. TIME OF THE ESSENCE. Contractor acknowledges and agrees that time is of the essence for this Agreement and that it is an essential term of this Agreement that Contractor maintain a rate of progress in the Work that will result in completion of the Work in accordance with this Agreement. To that end, Contractor agrees to proceed with all due diligence to complete the Work in a timely manner in accordance with this Agreement, and further agrees that failure to complete any of the Work during the Term of this Agreement, or as may be more specifically set forth in an attachment, exhibit, or modification, shall be deemed a breach.

17. WAIVER OF BREACH. A waiver by any party to the Agreement of a breach of any Agreement term shall not operate or be construed as a waiver of any subsequent breach by either party.

18. RIGHT TO TERMINATE. Arvada shall have the right to terminate, without cause, the Agreement. Any such termination shall not be considered a breach of the Agreement or any extension. In the event Arvada terminates for convenience, Arvada will pay

Contractor for requested work performed up until the time of termination, not to exceed the total amount of the contract price agreed upon by Arvada and Contractor.

19. EXTERNAL TERMS AND CONDITIONS. Notwithstanding anything to the contrary, Arvada shall not be subject to any provision included in any terms, conditions, or agreements appearing on Contractor’s or a subcontractor’s website or any provision

R2-12026 4 incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in the Agreement.

20. PROHIBITED TERMS. Any term included in the Agreement that requires Arvada to indemnify or hold Contractor harmless;

requires Arvada to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Any term included in the

Agreement that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under the Agreement, and no insurance policy shall be interpreted as being subject to any limitations of liability of the Agreement.

21. COMPLIANCE WITH ALL LAWS. Contractor shall comply with all applicable federal, Colorado and Arvada laws, rules, regulations, policies and procedures in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

22. BINDING ARBITRATION PROHIBITED. Arvada does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary shall be null and void.

23. GOVERNING LAW AND VENUE. Colorado law, rules, and regulations shall be applied in the interpretation, execution, and enforcement of the Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to the Agreement shall be filed and proceedings held in the

State of Colorado and exclusive venue shall be in Jefferson County.

24. OWNERSHIP OF WORK PRODUCT. The originals of all plans, reports, studies, data, or other materials or information relating to the Work that are produced by Contractor shall be delivered to and become the property of Arvada. Contractor may retain copies of any originals; however, no plans, reports, studies, data, or other materials or information relating to the Work shall be released to any person or entity without the prior written consent of Arvada. Nothing in this clause is intended to affect

Contractor’s right to use generic know-how learned in the course of providing services under the Agreement for the future benefit of Arvada or others.

25. SOFTWARE PIRACY PROHIBITION. Arvada or other public funds payable under the Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of the Agreement and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If Arvada determines that Contractor is in violation of this provision, Arvada may exercise any remedy available at law or in equity or under the

Agreement, including, without limitation, immediate termination of the Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.

26. ACCESSIBILITY COMPLIANCE UNDER C.R.S. §24-85-104.

26.1 Contractor shall comply with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. §24-85-103.

26.2 Contractor shall indemnify, hold harmless, and assume liability on behalf of Arvada, and Arvada’s officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the state agency or public entity in relation to Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to

C.R.S. §24-85-103.

26.3 Arvada may require that Contractor’s compliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. §24-85-103 be determined and attested to by a qualified third party selected by Arvada.

27. ARTIFICIAL INTELLIGENCE (AI) DISCLOSURE & USE. Contractor shall not use any AI functionality while performing the work or providing the goods or deliverables without Arvada’s prior written consent. Contractor shall not use, access, or permit access to any Arvada Records for the purpose of training, improving, or refining any AI functionality, regardless of whether the functionality belongs to Contractor or a third-party, without Arvada’s prior written consent.

28. PROHIBITED PRICING PRACTICES. Contractor shall not include speculative tariff increases, unsupported contingency amounts, or broad percentage markups labeled as “tariff risk” in any contract document. Any line-item or percentage factor appearing on any document incorporating these terms and conditions must be tied to current, published tariff levels and documented upon request in a manner satisfactory to Arvada.

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SPECIAL TERMS AND CONDITIONS

1. OPTION TO RENEW FOR SUBSEQUENT YEARS The term of the lease agreement shall be for an initial three-year period from the effective date of the contract. The City shall have the option to renew the lease agreement for four additional one-year periods upon satisfactory performance during the initial lease term and any period of renewal. Continuation of the contract beyond the initial one-year period is a City prerogative and not a right of the vendor. Each one-year renewal period will be automatic after the initial first year, unless the lease agreement is terminated or amended.

2. CONTENTS OF OFFER

Vendors are required to submit offers with the following conditions:

a. Vendors shall make all investigations necessary to inform themselves of the facilities affected by the delivery of products and services required by the Solicitation.

b. Any official interpretation of the Solicitation may only be issued by an authorized agent of the City. The City shall not be responsible for other interpretations offered by employees not authorized.

c. The City shall issue Addenda if substantial changes are required which may impact the content and submission of Offers. A copy of such addenda will be publicly posted with the original RFP posting.

d. The apparent silence or omissions within this Solicitation regarding a detailed description of the materials or services shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be provided.

3. CLARIFICATION AND MODIFICATIONS

The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes.

When conflicts occur, the highest authority shall prevail. Vendors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation; no matter how slight. If variations are not stated in the vendor's Offer, it shall be agreed that the vendor's Offer fully complies with all conditions identified in this Solicitation.

4. ELIGIBILITY OF VENDORS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED

Offers will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services described in this Solicitation. Vendors must be able to produce evidence that they have an established satisfactory record of performance for at least two (2) years and have sufficient finances and structure to ensure that they can satisfactorily execute the Contract requirements, as determined by authorities of the City. The City reserves the right, before awarding the contract, to require a vendor to submit evidence of its qualifications including, but not limited to, financial, technical and other qualifications, as well as past performance with the City, for consideration in making the award in the best interest of the City.

5. CONFIDENTIAL DOCUMENTS

Vendors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the solicitation submission documents. Comingling is not acceptable. The City does not favor blanket assertions of Confidential Information. Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. See, International Brotherhood of Electrical Workers Local 68 v.

Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo.App. 1994). Any information that will be included in any resulting contract cannot be considered Confidential. Under no circumstances may submission pricing information be considered Confidential. In the event a formal contract is entered into with the City and a portion of the Proposal/Response carries a designation indicating the Vendor believes it is Confidential Information, then the City agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Vendor. By its submission of the Proposal/Response ,Vendor agrees to promptly respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act C.R.S. §§24-72-101 et seq. and any other applicable law. Further, Vendor agrees to assume the obligation to defend, hold harmless, and indemnify the City in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Vendor’s objection.

6. MODIFICATIONS TO EXISTING CONTRACT

Terms and conditions may be added, modified, and deleted upon mutual agreement between authorized agents of the City and the vendor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities and increases or decreases in the time limits for an existing contract. Any and all modifications must be signed by authorized agents of the City and the vendor prior to the enactment of such modifications.

INSURANCE REQUIREMENTS

The following listed insurance requirements shall be carried by the selected vendor for the entirety of the contract. Applicable requirements for this solicitation are identified by completed check boxes.

1. ☒ Commercial General Liability, written on an occurrence form, for limits not less than $1,000,000 for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements.

2. ☒ Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $1,000,000 each accident/disease and $2,000,000 aggregate.

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3. ☒ Automobile Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles.

4. ☐ Umbrella Liability of $ , following form to the Commercial General Liability.

5. ☐ Builders Risk or Course of Construction Purchased by contractor to cover physical damage to property in construction or rehab. Contractors will ensure that City and subcontractors will be covered as additional insureds, excluding their own machinery, tools and equipment.

6. ☐ Professional Liability Professional Liability insurance in an amount of not less than $1,000,000 per occurrence, covering the professional work contemplated under this proposal. The coverage shall have an extended reporting period of three (3) years following the date of substantial completion of the work for reporting of claims.

7. ☐ Pollution Legal Liability Insurance for limits not less than $1,000,000 per occurrence (or claims made) and not less than $1,000,000 aggregate for bodily Injury, personal Injury and property Damage.

8. ☐ Privacy/Network/Cyber Liability Insurance for limits not less than $1,000,000 for any firm providing product or services associated with IT, software, communication, or network.

Additional Insurance Requirements:

● Contractor will be required to, at its own expense, keep in full force and effect during the term of the Agreement, and during the term of any extension or amendment of the Agreement, insurance reasonably sufficient to insure against the liability assumed by Contractor pursuant to the provisions of the solicitation sent by the City of Arvada or as determined by the

City of Arvada Risk Manager.

● Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. Work shall not commence before this requirement is met. If the vendor fails to submit the required insurance documents within fifteen (15) calendar days after notice to submit such policies is given to the vendor by a City representative, the vendor may be in default of the Award.

● Except for Workers Compensation, Employer’s Liability insurance, Automobile Liability and Professional Liability insurance, the City of Arvada must be endorsed as an additional insured on a Certificate of Insurance.

● All coverage must be written with carriers holding a minimum A.M. Best rating of A-:VII, and authorized to do business in

Colorado. Coverage shall be primary, and any insurance held by the City of Arvada is excess and non-contributory.

● The City, through its Risk Manager, reserves the right to require additional insurance coverage and other requirements.

ADMINISTRATIVE INFORMATION

1. PURPOSE - TO OBTAIN PROPOSALS

The purpose of this Solicitation is to provide qualified vendors with sufficient information regarding the City's needs in order to adequately prepare and submit a Proposal. Proposals must be received by the date and time established in this solicitation. Once the deadline has passed, Proposals will not be able to upload to the BidNet site. Proposals are proprietary working documents offered by prospective vendors and, as such, are not subject to public inspections until an official award is made.

2. PREPARATION AND SUBMISSION

Offers will be prepared as follow:

a. A blank shall be construed as "No Bid/not offered". Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

b. Vendors will not knowingly participate in solicitations where there exists a conflict of interest with their firm and a member of City staff or their immediate family.

c. Solicitations and addenda are available at WWW.BIDNETDIRECT.COM. Registration is available to receive email notification of new solicitations, addenda and communications.

d. Vendors who qualify their Offers by requiring alternate contractual terms and conditions as a stipulation for contract award, must include such alternate terms and conditions in its Offer. The City reserves the right to declare the vendor's Offer as non-responsive if any of these alternate terms and conditions are in conflict with the City's terms and conditions, or its best interest.

e. Once Offers have been opened, the City shall not consider any subsequent submissions of alternate terms and conditions.

3. MODIFICATION OR WITHDRAWAL OF OFFERS

Modifications to Offers- Changes to the Offer after the submission deadline shall be allowed only when the vendor can show convincing evidence that an unintentional factual mistake was made. Modification requests must be made in writing. Any modification submitted to the City must have the vendor's name, address, Solicitation Number and title included.

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Withdrawal of Offers- Offers may not be withdrawn after the deadline for the Solicitation for a period of ninety (90) calendar days.

If an Offer is withdrawn by the vendor during this ninety (90) day period, the City may, at its option, suspend the vendor and may not accept any Offer from the vendor for a six (6) month period following the withdrawal.

4. REJECTION OF OFFERS

a. The City may reject an offer, in whole or in part, for reasons including, but not be limited to:

i. The vendor misstates or conceals any material fact in its Proposal;

ii. The vendor's Offer does not strictly conform to the law or requirements of the Solicitation;

iii. The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Special

Conditions;

iv. The Offer does not include documents which are required for submission with the Offer; or

v. The Offer has not been executed by the vendor through an authorized signature.

b. The City may, at its sole and absolute discretion:

i. Reject all or parts of Offers submitted by prospective vendors;

ii. Re-advertise this Solicitation;

iii. Postpone or cancel the Solicitation;

iv. An Offer may not be accepted from, nor any contract be awarded to, any person or firm which

(a) is in arrears to the City for any debt or Contract, or is a defaulter as surety for any obligation to the City.

(b) has failed to perform faithfully any previous contract with the City, State or Federal governmental for a minimum period of one (1) year after this previous Contract was terminated for cause.

(c) has pending litigation against the City on the date and time that the Solicitation is due.

5. BEST VALUE AGENCY

The City of Arvada is a best value agency. Best value means a technique in a competitive solicitation process which emphasizes value over price and permits the evaluation of criteria such as, but not limited to, qualifications, experience, and performance data to determine the best overall value to the city. It is solely incumbent on the staff of the City of Arvada to conduct due diligence to determine best value prior to award.

6. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN PROPOSAL:

The selection process will consist of evaluation of qualified proposals received based on the criteria outlined in this RFP.

Presentations may be requested to confirm or clarify the information contained in the proposal responses. It is the intent of the City to award a contract or lease agreement to the vendor(s) who receives the highest score from the City's RFP Evaluation Committee.

The Committee will score written Proposals by reviewing documentation submitted by the vendors. Evaluation will be based on the following criteria:

a. Background and Experience – Organization and proposed team experience operating a similar facility.

b. Management and Operations Plan – Turn-key operation and maintenance plan

c. Programming Plan – Programs that make the best use of the facility for its intended goals

d. Public Benefit Program – Programs that reach out to the community and involve non-profit groups and agencies. Best use for making the facility accessible to the public.

e. Commitment to expanding equine awareness across the community by prioritizing programs that support our youth and provide accessible pathways for those who currently lack the resources to experience the equine way of life.

f. Facility Improvements / Capital Improvement Program – Innovative and constructive ideas for not only maintaining the Equine Center but improving or rehabilitating the entire facility

Exceptions to specifications or terms and conditions may result in submission being deemed non-responsive.

7. MINIMUM QUALIFICATIONS

A minimum of five years of experience in operating a similar business within the last ten years is required.

8. PRESENTATIONS

A second phase MAY be incorporated, in which the Committee will invite a limited number of vendors who received high scores during phase one, to provide an oral presentation. The evaluative score from the oral presentations will determine the top rated vendor(s).

9. NEGOTIATION

Upon selection of a vendor through the process set forth in this solicitation, the highest-ranked vendor and the City may then enter into negotiations for a mutually agreeable contract. If the City and the highest-ranked vendor are unable to successfully negotiate an agreement within a reasonable timeframe, the City reserves the right, at its sole discretion, to terminate negotiations and initiate discussions with the next-highest-ranked vendor. Such action shall not require re-solicitation of proposals and shall be consistent with the evaluation ranking established by the evaluation committee. The City reserves the right to select the firm which, in its sole judgment, best meets the needs of the City. Negotiations may be entered into with subsequent proposers until an agreement is reached or all proposals are rejected.

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10. PROPOSAL FORMAT REQUIREMENTS

Written proposal should include the information in the format outlined below and be limited to no more than thirty-five (35) pages.

Required City forms and title pages are excluded from page count. Information should be concise, without extraneous content.

Refrain from submitting generic marketing materials, alternate and unapproved agreements, and any other information not requested.

All information should be contained in one pdf file, with sections bookmarked. The file name should start with proposer’s name, then the proposal number. Embedded links for required information are NOT acceptable. All information that proposers want evaluated must be contained in the pdf file.

a. Cover and Executive Summary

b. Background and Experience

i. Provide a written explanation of the organization’s background and experience in providing similar equestrian-related programs, work environments, and all other requisite services detailed in this RFP.

ii. Demonstrate the organization’s financial stability.

iii. Provide annual reports/documentation to support the experience.

iv. Provide an organization chart for the organization and the proposed team.

v. Provide resumes and team member experience.

c. Details of proposal as it applies to the Statement of Work. Be complete in detail with goals and timelines for scope of work involved. Proposals should be creative and have a solid and comprehensive business plan for the management, operation and programming of the facility.

i. Management and Operations Plan State how the organization plans to manage and operate the Equestrian Center. The City values an operation that emphasizes accountability, customer service, and a safety-first structure and provides facility access to the public. Detail communication strategies, updates, and information to all relevant stakeholders.

ii. Programming Plan

Proposal must address the objectives listed within the Statement of Work. While a proposal may introduce other pertinent goals, it must not sacrifice responding to meeting these objectives. Detail what equine programs will be offered and explain why these programs are the best use for this facility. Provide a timeline for implementation and a proposed schedule of events.

iii. Public Benefit Program

Provide details on public access and availability for use of the facility, and associated program offerings – types of use available, program availability, associated fees. The City values innovative and new approaches to providing a dedicated public benefits program. Identify the calculated benefit provided to the City. Provide samples of documented public benefits offered in the past.

Outline support and/or partnerships with non-profit groups and agencies – provide details on any partnerships and how these partnerships would benefit participants, the community and the City.

iv. Facility Improvements / Capital Improvement program

Propose ideas on improved use and sustainability of the facility, ensuring accessibility meets all ADA requirements.

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STATEMENT OF WORK

BACKGROUND

The City of Arvada, Colorado (City) was founded in 1870 and is a home rule city with a council-manager form of government.

Arvada is a 39 square-mile community with approximately 124,000 residents. Transportation options include nearby interstate highways, regional highways and three transit stops on the Gold Line commuter rail system directly connecting to downtown Denver. The Gold Line commuter rail line connects to three stations within the City, including the Olde Town Arvada Downtown Historic District, established in 2002 and listed on the National Register of Historic Places in 1998. The City is primarily residential development with future infill commercial, mixed-use and residential development anticipated.

Additional future development includes the Quantum Commons Technology Park, a new water treatment plant and a potential Mountain Rail station location.

Arvada provides essential services to residents through five work systems. These include community and economic development, vibrant community and neighborhoods (parks, golf, hospitality), safe community (judicial and public safety), infrastructure (public works and utilities) and organizational service and effectiveness. Fire protection and some recreational services are provided through special districts. Arvada’s strategic planning includes ongoing efforts in water and wastewater planning and initiatives to address housing affordability.

Our Vision, Mission and Values - In Arvada, we dream big and deliver. Our mission is to deliver exceptional services that enhance the lives of everyone in our community. We champion innovation, welcome diverse perspectives, and pursue excellence in all we do. As a city, we embrace challenges as opportunities, working together to build a thriving, inclusive Arvada for all. The City of Arvada is committed to preserving our quality of life while driving economic growth and fostering inclusivity.

The City manages a 4,200-acre system of parks, open spaces, and trails guided by the Arvada Park System Master Plan.

The parks system includes more than 90 neighborhood parks, one within a ten-minute walk of 96% of residents in our community.

Arvada also offers extensive opportunities for the equestrian community, including several equestrian use trails located throughout the community. Arvada is also home to the Indiana Equestrian Center, the Arvada Indoor Equestrian Center and the Horse Protection League.

● The Outdoor Equestrian Center (Indiana Equestrian Center) includes 50 acres of riding areas free and open to the public.

● The Arvada Indoor Equestrian Center (Property) is a City owned facility located at 7650 Indiana, Arvada, CO. The facility includes all exterior grounds, fences, signs, parking lots and access roads, etc.

● Arvada is also home to the Horse Protection League; an equine rehabilitation center located at the City-owned Churches Ranch National Historic District in west Arvada.

OBJECTIVE

The City of Arvada is seeking proposals from qualified organizations to operate and maintain the Arvada Indoor Equestrian Center. Interested organizations must have equestrian arena operations experience and be able to demonstrate the ability to operate a facility with innovative and profitable plans while providing public benefit programs and complying with applicable regulations.

CITY’S GOALS AND SUMMARY DESCRIPTION OF WORK TO BE PERFORMED

● A variety of riding programs from beginner to advanced levels are to be provided.

● Programs are to be primarily youth focused with programs that will introduce those who lack the necessary resources to participate in equine activities

● The facility is not to be used for boarding, other than the lessee’s own horses which are part of the lessee’s equine services provided for the community

● The facility will be open to the public for personal riding purposes at the Indoor and on-site Outdoor riding arenas.

● Hours and days shall be consistent and advertised

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DELIVERABLES AND SPECIFICATIONS OR PERFORMANCE STANDARDS

● The facility is offered and available in an "as is" condition.

● The Arvada Indoor Equestrian Center must remain an Equine facility with all usage and programming operating with this purpose.

● Open Riding. The Property is to be available to the public at large, including holding open riding sessions a minimum of two (2) days per week for at least five (5) hours per day. Open riding hours should be consistent each season.

● Lessee will promote and post the hours to its website, social media, and via signage on the Property. The postings for open riding sessions must include information about required vaccinations and forms needed to participate in the open riding sessions. Lessee is permitted to charge a deposit in advance for open riding sessions.

● Lessee will provide a variety of riding programs for beginner to advanced levels. All members of the public may participate in such programs.

● Lessee will actively work to involve other non-profits in its programs.

SCHEDULE OR TIMELINE FOR PERFORMANCE

The City intends to enter into a lease agreement, with operations to begin on January 1, 2027. The lease will be for an initial three-year term, ending December 31, 2027. The lease may be renewed for subsequent one-year periods with up to four renewal periods.

As a condition precedent to future renewals, Lessee and the City agree to meet annually in September to discuss the operation and management of the Indoor Equestrian Center and how well the operation has met Arvada’s goals.

VENDOR / LESSEE RESPONSIBILITIES

● Lessee must manage and operate the Property with the goal of developing and growing equestrian programming for the community;

● Maintenance and upkeep of the facility will be performed per City standards. Maintenance standards will be similar to those used at all other City operated facilities, public and park areas. Building maintenance includes all utility expenses, as well as all mechanical and structural maintenance.

● The facility must be operated following all City Ordinance requirements, laws and rules for operation and use of a park or recreation facility.

● Lessee will acquire and maintain all required vaccination records and required forms for the open riding opportunities.

● Maintenance and all upkeep of all mechanical apparatus including electrical, plumbing and structures.

● Full payment of all utilities including gas, electric, debris removal and other expenses expected with the operation of such a facility.

● All equipment required to maintain the facility must be provided by the vendor.

● Lessee must familiarize itself with Titles I, II, and III of the Americans with Disabilities Act of 1990 (“ADA”), 42

USC § 12111-12117, § 12131- 12165, and § 12181-12189. Lessee must contact Manager of Parks, Steve

Gustafson, within two (2) business days with notice of any and all accommodation requests and/or issues that present at or involving the Arvada Indoor Equestrian Center. Lessee will work with the City on a plan to comply with all regulations therein or as amended.

● Lessee’s website must be and remain ADA compliant.

● Provide janitorial and ground maintenance services, including the parking lot

● Lessee will not permit a nuisance on the Property

● Lessee agrees to mow the grass and remove snow on the Property in accordance with Arvada’s rules and ordinances

● Lessee will remove and control noxious weeds. Lessee will not remove or damage any trees on the Property without written permission from the City

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● Lessee will not smoke or vape on the premises or allow any member of the public to smoke or vape pursuant to

§38-304 of Arvada Municipal Code

● Lessee agrees to develop a long-term capital improvement plan jointly with Arvada that outlines future improvements and/or expansion of the Property. Lessee agrees to take affirmative steps to enact the capital improvement plan agreed upon.

● All alterations, changes, and improvements built, constructed, or placed on the Property by Lessee, with the exception of fixtures removable without damage to the Property and movable personal property, shall be the property of Arvada and remain on the Property at the expiration or sooner termination of the Lease.

● Personal property of any kind left on the Property is at the sole risk of the Lessee, and Arvada is not liable for any damage or loss of such personal property.

● Lessee shall use Property for equine and associated administrative activities and no other purpose. Lessee will not use Property in an unlawful manner.

● Lessee will use and care for the Property in a good and responsible manner consistent with the standard of care given to other equestrian and boarding centers in the community.

● Lessee will keep Property, premises, fences, and appurtenances in good condition and repair.

● Lessee will not commit or cause to be committed any waste in or upon the Property, nor will Lessee degrade the condition of the Property in any way.

● At the expiration of the Lease, Lessee will promptly surrender and deliver up said Property in like good order and condition to Arvada; loss by fire, inevitable accident, Act of God, and ordinary wear and tear excepted.

● Lessee will not modify, move, or remove any structures, fences, or site elements without prior written approval by

Arvada. The specific use of the structures shall be subject to approval by Arvada. Arvada reserves the right to prohibit use or access by the Lessee of any of the structures if the proposed use is inconsistent with the purpose of the Lease.

CITY RESPONSIBILITIES

● The City will provide the Property as-is.

● The City will pay for necessary repairs to the interior and exterior of the property and necessary repairs to the electrical, plumbing, and mechanical systems of the Property.

● The City will pay for water utility charges levied against the Property.

● The City will mow the large native grass areas around the Property.

● The City will facilitate the transition from the current operator to the new party.

PRICING &/OR PAYMENT

The Lessee shall remit a monthly lease payment of $100.00 to the City.

Payments are due on or before the 15th day of the subsequent calendar month. If Arvada does not receive a lease payment by the 20th day of the month, the lease payment is considered late. A Late Fee will be assessed and shall accumulate interest at a rate of 10% of the lease payment due per day until it is paid.

ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THIS STATEMENT OF WORK

● The residence located at the entrance along with adjacent residential grounds and parks storage area to the east of the residence are not included for use.

● The City will maintain access to all parts of the Property, in such a manner as will minimize disruption to events or activities to the extent reasonably practicable, for the purposes of:

o Examining, inspecting, evaluating, planning, making any agreed upon repairs or maintenance, designing, showing, or otherwise administering the building or grounds o Performing Arvada’s regulatory, law enforcement, and other governmental duties o Conducting health/safety inspections of the building and grounds.

DOCUMENTS APPLICABLE TO THIS SOW

Exhibit A: Area of Operation

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REQUIRED VENDOR SUBMITTAL FORM

SUBMITTED BY:

Company Name: _______________________________________________________________________________________

Contact Names: Sales/Customer Service ____________________________________________________________________

Address: _____________________________________________________________________________________________

Phone: (______) ____________________ Email(s): __________________________________________________________

The undersigned hereby affirms that:

● They are a duly authorized agent of the vendor;

● They have read all Terms and Conditions and technical specifications made available in conjunction with this solicitation and fully accepts and acknowledges this offer is consistent with the specifications and terms and conditions, unless specific variations have been clearly and expressly listed in the offer.

● The Offer is in all respects fair, without outside collusion or otherwise illegal action.

By:__________________________________ ______________________ _______________________________ Signature of Authorized Agent Date FEIN

Typed/Printed Name of Agent Title of Agent Agent email

Type of Business: Corporation, State of Incorporation Partnership (general)

Partnership (limited) Sole Proprietorship Limited Liability Company Other ________________

Address of main business office, principal factory, or warehouse if different from above:

Principal line of business:

Number of years in present business:

REFERENCES:

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