RFP_Pahaska Concession Services 2025_FINAL.pdf

RFP 2025: Pahaska Concession Services

REQUEST FOR PROPOSALS

FOR

Pahaska Concession Services

Solicitation #202580844

Department of Parks and Recreation

October 13, 2025

REQUEST FOR PROPOSALS

TABLE OF CONTENTS

Notice of Availability of Requests for Proposals

SECTION 1 - Invitation to Submit a Proposal

SECTION 2 – Scope of Work

SECTION 3 – Proposal Submittal Requirements

SECTION 4 - General Requirements

SECTION 5 – Selection Process

ATTACHMENT 1: Site Maps and Pictures

ATTACHMENT 2: City-Owned Equipment Inventory

ATTACHMENT 3: Contract Certification Form

ATTACHMENT 4: Diversity & Inclusiveness in City Solicitations Information Request

Form

ATTACHMENT 5: Sample Contract

ATTACHMENT 6: Proposer’s Checklist

DEPARTMENT OF PARKS AND RECREATION

CITY AND COUNTY OF DENVER

Notice of Availability of Requests for Proposals

IT SHALL BE CONCLUSIVELY PRESUMED THAT THE PROPOSER DID, BEFORE SUBMITTING A

PROPOSAL, CLOSELY REVIEW THE RFP, ALL EXHIBITS AND ATTACHMENTS, AND OTHER

ITEMS RELEVANT TO THE RFP.

RESPONSES DUE:

Proposals must be submitted electronically through BidNet®; see Section 3 for details.

Responses must be received no later than:

12:00 P.M. MT, November 21, 2025

SUMMARY OF REQUEST FOR PROPOSALS

GENERAL DESCRIPTION: The City and County of Denver (“City”) and the Department of Parks and Recreation (“DPR”) are requesting proposals from companies with the interest, capability, and financial backing to operate indigenous-focused food and beverage, retail marketplace, and cultural programming concession services at Denver Mountain Parks’ historic Pahaska facility located at Lookout Mountain Park, 987 Lookout Mountain Road, Golden, CO 80401 (“Concession Site”). This opportunity seeks proposals from vendors focused on providing a food and retail experience that honors and celebrates contemporary indigenous culture in keeping with the historical theme of Buffalo Bill’s Wild West traveling show.

PRE-PROPOSAL MEETING: Proposers should attend the pre-proposal meeting which shall take place virtually/online on Tuesday October 28, 2025 at 12:30 P.M. MT via Microsoft Teams https://tinyurl.com/mvfz3m4d. Proposers may also attend by calling 720-388-6219, ID 317 824 883#. The pre-proposal meeting is not mandatory, but proposers will be held responsible for all information presented at the meeting.

SITE TOUR: Proposers who are interested in viewing the Concession Site are encouraged to attend the optional site tour which shall take place in-person on Tuesday November 4, 2025 at 12:30 P.M. MT at 987 Lookout Mountain Road, Golden, CO 80401. RSVPs for attendance must be submitted to dpr.proposals@denvergov.org no later than the pre-proposal meeting on Tuesday October 28, 2025 at 12:30 P.M. MT. No additional tours of the concession site will be made available.

DESIGNATED CONTACT: Jennifer Simmons, Department of Parks and Recreation Contract Administrator, is the Designated Contact for this Request for Proposals. All inquiries and questions regarding the RFP should be submitted in writing to dpr.proposals@denvergov.org.

REVIEW PROCESS: The Executive Director of Parks and Recreation issued this solicitation pursuant to the authority vested in the Executive Director by the Charter of the City and County of Denver. The Executive Director of Parks and Recreation reserves the right to terminate, suspend, modify the selection process; reject any or all submittals; modify the terms and conditions of this selection process; and/or waive any informalities, irregularities, or omissions in any submittals, as the City’s best interests may appear.

Jolon Clark, Executive Director of Parks and Recreation https://tinyurl.com/mvfz3m4d mailto:dpr.proposals@denvergov.org

SECTION 1 - Invitation to Submit a Proposal

By issuance of this Request for Proposals (“RFP”), the City and County of Denver (the “City”), acting through the Executive Director of Parks and Recreation (the “Executive Director”), invites all qualified proposers to submit a proposal for Pahaska concession services.

Proposers are expected to familiarize themselves with the details in connection with the proposed operations. Any person, firm, entity, joint venture, or corporation desiring to submit a proposal shall examine this RFP and shall judge for themselves their qualifications and all the circumstances and conditions affecting their proposal. Failure on the part of any proposer to make such thorough examination or to thoroughly investigate the conditions of the proposal shall not be grounds for a declaration that the successful proposer did not understand the RFP.

Proposals shall be disqualified if the proposer is in default or past due under any previous or existing agreement with the City, if any unresolved monetary claims by the City exist against the proposer, or if the proposer is unable to show evidence of their financial capabilities to execute the work of this contract.

Should a proposer find a discrepancy or omission in this RFP, or should a proposer be in doubt as to the meaning of any provision of this RFP, the proposer should promptly notify the Designated Contact in writing, and any necessary clarifications or addenda will be provided in writing. THE CITY WILL NOT BE RESPONSIBLE FOR ANY ORAL INSTRUCTIONS OR

INTERPRETATIONS GIVEN BY OR TO ANYONE.

The instructions contained within are not intended to completely define the proposed contractual relationship between the City and County of Denver and the successful proposer. The awarded contract will be similar in form to the attached Attachment 5 - Sample Contract, but the City reserves the right to make changes and additions prior to the final award at the sole discretion of the Executive Director.

In making a final selection recommendation, the competitive selection process provided under this RFP will focus consideration on the qualifications and prior history of similar performance of each submitting proposer, in accordance with the evaluation criteria set forth in Section 5.

Written responses to this RFP will enable the City to select the most qualified candidate. The Executive Director will appoint a selection committee to evaluate the proposals. The selection committee will recommend a finalist or finalists to the Executive Director who will decide on the successful proposer and will approve the contract before submittal to the Denver City Council and Mayor for ordinance or resolution approval, if applicable, and Mayoral signature of the contract. NO RIGHTS TO PROVIDE SERVICES SHALL ARISE UNLESS AND UNTIL THE

CONTRACT IS APPROVED BY ORDINANCE (IF APPLICABLE) AND SIGNED BY THE

MAYOR.

TENTATIVE SCHEDULE

RFP Issued & Advertised October 13, 2025

Pre-Proposal Meeting 12:30 PM MT October 28, 2025

Site Tour 12:30 PM MT November 4, 2025

Deadline to Submit Questions 12:00 PM MT November 10, 2025

Questions & Answers Uploaded to BidNet November 14, 2025

Proposals Due 12:00 PM MT November 21, 2025

Finalist Interviews December 2025

Contract Execution Q1 2026

SECTION 2 – Scope of Work

A. GENERAL DESCRIPTION:

The City and County of Denver (“City”) and the Department of Parks and Recreation (“DPR”) are requesting proposals from companies with the interest, capability, and financial backing to operate indigenous-focused food and beverage, retail marketplace, and cultural programming concession services at Denver Mountain Parks’ historic Pahaska facility located at Lookout

Mountain Park, 987 Lookout Mountain Road, Golden, CO 80401 (“Concession Site”). This opportunity seeks proposals from vendors focused on providing a food and retail experience that honors and celebrates contemporary indigenous culture in keeping with the historical theme of Buffalo Bill’s Wild West traveling show.

The City anticipates awarding one (1) contract (“Concession License”) with a three to five (3-5) year term. DPR may request interviews with finalists following initial proposal evaluation to determine award.

B. BACKGROUND INFORMATION:

For over 100 years, Denver’s Mountain Parks have connected people with some of Colorado’s most scenic landscapes, spanning nearly 15,000 acres across 5 counties. Lookout Mountain Park, home to the popular Buffalo Bill Museum and Grave, is located outside of Golden in Jefferson County, Colorado. The park is visited by more than 500,000 people per year and holds historical significance with breathtaking views of the surrounding landscapes. The Buffalo Bill Museum is open to the public year-round and hosts approximately 80,000 museum guests per year. The park is a popular destination for locals and tourists alike.

William F. “Buffalo Bill” Cody died in 1917 and was buried in Lookout Mountain Park overlooking Denver. The site soon became overrun with visitors and tourists, and the historic “Pahaska Tepee” building was constructed in 1921 to serve visitors to the site. Now known as just “Pahaska,” the building housed museum exhibits, a restaurant, public bathrooms, and a gift shop until the construction of the current museum in 1977. Pahaska continued to operate as a restaurant and large gift shop through the end of 2024, generating an average of over $1,500,000.00 in reported annual gross revenues for 2022 through 2024.

Denver Mountain Parks is undertaking a long-range planning effort to reimagine the future of Lookout Mountain Park and to improve the visitor experience. As part of this effort, the City seeks a Concessionaire to operate Pahaska on a more limited scale than in previous years during this interim planning phase.

C. SCOPE OF WORK:

Concession Services

The primary objective of the Concessionaire must always be to service the wants and needs of the general public. As a public facility, the Pahaska concession must offer a satisfying experience to the public.

Buffalo Bill’s Wild West show sought to connect people around the world with his experience of the culture of the American West, and Denver Mountain Parks seeks to continue this tradition by offering Native American cuisine and an indigenous-focused retail marketplace at Pahaska. The

City seeks a Concessionaire with a mission aligned with Denver Mountain Parks’ objectives and a vision for enhancing the visitor experience through sharing contemporary indigenous food and culture in a manner appropriate for the general public.

https://www.denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Parks-Recreation/Urban-Parks-Trails/Mountain-Parks/Lookout-Mountain-Park-Pahaska-Tepee https://www.denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Parks-Recreation/Urban-Parks-Trails/Mountain-Parks/Lookout-Mountain-Park-Pahaska-Tepee https://buffalobill.org/ https://buffalobill.org/

Native American ownership of, or affiliation with, the Concession operation is not a requirement for participation in this opportunity. All proposals will be assessed solely in accordance with the evaluation criteria set forth in Section 5.

The City will consider contracting with a single vendor to provide all services or with a primary vendor who has subcontractor partners to fulfill partial services. The Concessionaire will be responsible for ensuring that their agreements with any subcontractors comply with City requirements.

• Food and Beverage Services: The Concessionaire will provide food services that showcase Native American cuisine and offer a culinary experience that connects visitors to indigenous culture. Food offerings should reflect traditional and/or contemporary

Native American dishes, utilizing purposefully sourced ingredients whenever possible.

DPR review and approval of menus will be required. Approved menus must feature

Native American cuisine options, but are not limited to Native American food exclusively.

The Concessionaire may also sell pre-packaged food in the facility’s marketplace.

Pre-packaged food products must be labeled as to ingredients, dated for expiration of product, and stored under proper conditions.

All food service must meet requirements of the appropriate governing authority’s regulations.

The Concessionaire may apply for a liquor license through Jefferson County to serve beer and wine. The City is unable to provide monetary or administrative assistance with liquor license acquisition. The City retains the right to require cessation of liquor sales within thirty (30) days of notification to Concessionaire.

• Retail Marketplace: The Concessionaire will operate a retail marketplace that emphasizes indigenous-made products, locally sourced and/or crafted goods, and educational and park-related materials. The retail area will include merchandise such as:

o Native American art, jewelry, and crafts o Books and publications related to Buffalo Bill’s Wild West, indigenous history and culture, and Denver Mountain Parks o Apparel and accessories that reflect the themes of the park and indigenous culture o Outdoor gear and park-related souvenirs that enhance the visitor experience, such as reusable water bottles, bicycle repair kits, plush bison, etc.

All retail products sold must align with Denver Mountain Parks' mission of connecting visitors to the natural and cultural heritage of the region and Buffalo Bill’s Wild West.

Merchandise should be visually appealing, mission-oriented, and tied to the themes of conservation, outdoor recreation, western history, and indigenous culture.

The sale of the following is strictly prohibited: tobacco products; packaged liquor, wine, or beer; adult materials; fireworks; and marijuana paraphernalia and marijuana-themed merchandise. The City in its sole judgment and discretion reserves the right to disallow and require the Concessionaire to remove any item for sale.

• Educational and Cultural Programming: The Concessionaire is encouraged to offer cultural programming that enhances visitor understanding of indigenous foodways and the history and culture of the American West, such as food demonstrations, storytelling, bead craft classes, or other proposed methods. Annual programming plans will be required for DPR review and approval. Special events or programs that serve a public benefit may be scheduled outside of regular park hours with prior DPR approval. Denver

Mountain Parks and The Buffalo Bill Museum may also schedule and promote programming on site independently or in coordination with the Concessionaire; however, the Concessionaire will be responsible for managing and promoting their own event programming.

Operational Requirements

Space available to the Concessionaire will include the kitchen, dining room, public bathrooms, identified storage rooms, and main lobby of the building (approximately 3,278 square feet). The southeast wing will be utilized as shared programmatic space between the Concessionaire, the

Buffalo Bill Museum, and Denver Mountain Parks (approximately 1,062 square feet). The lower and upper levels of the facility will not be available. On-site housing for Concession staff will not be available. Limited use of outdoor spaces is subject to City approval. See Attachment 1 –

Site Maps and Pictures.

The City will place a ranger caretaker within a private apartment on the main floor. The caretaker will have full access to the building during and outside of business hours.

The restaurant and marketplace must operate seven (7) days per week from the Friday of

Memorial Day weekend through Labor Day. For the remainder of the year, the Concessionaire may set their operating schedule based on volume and demand subject to City approval.

The City anticipates a desired commencement of Concession operations by Memorial Day 2026

(Monday May 25th, 2026) subject to prior occupancy approval; however, in the event that contract approval is delayed, the Concessionaire may commence operations within ninety (90) days of license execution.

The Concessionaire will be responsible for improvements to the dining and food service area subject to City approval, and will supply, install, and maintain all equipment necessary for concession operations, such as restaurant and kitchen equipment, Point-of-Sale system, telephone system, stove, refrigerator, ice machines, dishwasher, food preparation units, tables and chairs, as well as all minor equipment, smallwares, and utensils needed.

Any capital improvement needed to accommodate the Concessionaire’s equipment beyond what is initially supplied, including utility installations, will be the sole financial responsibility of the Concessionaire. Refer to Section 2.E. for additional details concerning capital improvements.

The City will provide a stainless steel 3-compartment sink in the kitchen, a hand washing station, and a range hood extinguisher. See Attachment 2 – City-Owned Equipment Inventory. The City may perform limited cosmetic and functional improvements to the site, such as floor refinishing, lock replacement, and minor repairs to the ADA accessible bathroom, prior to operations commencement. The Concessionaire will otherwise be responsible for funding and executing all improvements necessary to make the site operational.

The City may perform capital improvements to the facility during the term of the Concession License. The Concessionaire must accommodate building inspections and evaluations on the part of historic preservation specialists, architects, and engineers. The Executive Director will have authority to adjust the compensation and/or term based upon the impact to the business, subject to reasonable negotiations.

The Concessionaire will be responsible for general maintenance and repair services for their assigned areas of the Pahaska building and all public bathrooms, including all food and kitchen equipment inspections, regular cleaning and stocking of materials, safe storage of supplies, minor repairs costing under Two Thousand Dollars ($2,000.00), rodent and pest control, and snow removal for the walkways into the building.

The City will be responsible for all structural maintenance and repairs; fire and safety system monitoring, inspections, maintenance and repairs; and all snow removal for the parking lot, other sidewalks, and grave site path.

The Concessionaire will be responsible for providing any signage related to its operation. All external signage must conform with applicable code(s) and DPR signage rules and be pre-approved in writing by the Executive Director or their designee.

The Buffalo Bill Museum will maintain notation of basic contact and operations information for the site on their website, and the museum and DPR may provide limited promotional assistance for coordinated event programming; however, the Concessionaire will otherwise be responsible for their own marketing services.

Utilities The Concessionaire will be responsible for account maintenance and all costs for phone, internet, and cable services for their assigned areas of the building.

The City will pay the remainder of utility costs for Pahaska and will bill the Concessionaire for reimbursement on a monthly, quarterly, biannual, or annual basis depending on the frequency of services. The Concessionaire will be responsible for reimbursing the City for utilities and services as follows:

• 70% of Electric costs

• 70% of Natural Gas costs

• 45% of Water costs Average annual 45% cost for 2022-2024: $12,700.00

• 50% of Septic costs Average annual 50% cost for 2022-2024: $5,000.00

• 100% of Grease Trap costs

• 50% of Trash Removal and Recycling costs

See Attachment 5 – Sample Contract for additional information related to all operational requirements.

D. COMPENSATION:

In consideration for the right to operate the Concession Site, the City will require monetary compensation in the form of a Guaranteed Annual Minimum Payment (GAMP) as well as monthly payments equal to a percentage of gross revenues once the total percentage of sales exceeds the GAMP amount. Annual CPA audited gross revenues reports and monthly itemized revenues reporting will be required. The City reserves the right to reject any proposed compensation and/or request that a proposer modify its proposed compensation prior to award.

ALL SALES AT THE CONCESSION MUST BE REPORTED, AND ALL FINANCIAL RECORDS

ARE SUBJECT TO AUDIT BY THE CITY. See Attachment 5 – Sample Contract for definitions and additional information related to compensation requirements.

E. CAPITAL IMPROVEMENTS:

Prospective annual capital improvement investments will also be considered in conjunction with or in lieu of the proposed GAMP and monthly percentage of gross revenues payments as part of the overall RFP evaluation. These investments will be reviewed for their potential to enhance the Concession operation and contribute to long-term value and sustainability. The length of the contract term may potentially be extended if the Concessionaire commits to capital improvements at the Concession Site.

The City reserves the exclusive right to approve, reject or modify any such proposed capital improvements. The City shall not be financially responsible for any capital improvement expenses incurred by the Concessionaire unless, and only to the extent, otherwise provided in the Concession License. See Attachment 5 – Sample Contract, License Section IV.M.

F. PAYMENT AND PERFORMANCE BOND/ LETTER OF CREDIT:

Satisfactory performance and/or payment bond(s) or letters of credit to insure performance, contracted maintenance and repair work, and all financial obligations under the Concession License may be required in amounts to be determined based on proposed scope, costs, and staffing for services and improvement projects.

The successful proposer shall deliver a satisfactory performance guarantee in an amount equivalent to Fifty Thousand Dollars ($50,000). A satisfactory payment and performance bond or letter of credit to ensure all contracted maintenance and repair work and all financial obligations under the Concession License will be required in the amount of Ten Thousand Dollars ($10,000). The City reserves the right to modify the required guarantee amounts upon award.

In addition, payment and performance guarantee(s) will be required for any construction work at the Concession Site in an amount equal to the total project costs.

The Concession License will not be effective until the required payment and performance guarantees have been provided to the Executive Director if applicable. See Attachment 5 – Sample Contract, Terms and Conditions Section 5-4.

SECTION 3 – Proposal Submittal Requirements

A. PROPOSAL REQUIREMENTS:

Proposals must specifically address each of the questions or items listed below. The information provided will be a guide, subject to verification, for determining the capacity and qualifications of the proposer to provide the highest level of services to the City. The City reserves the right to confirm and request clarification of all information provided. Incomplete disclosure may deem the proposal non-responsive by the City and lead to proposal rejection.

• You must respond to each question in the order listed below and include your responses and attachments, including any additional forms, tables, graphics, etc. as necessary, with your proposal submission in BidNet.

• Refer to Attachment 6 – Proposer’s Checklist which lists all required forms and items that must be returned with your proposal.

All proposals shall provide the following information in the order listed below:

1. Cover Letter

a. Provide the name and address of your company, the number of years your company has been in operation, and the size of your staff.

b. Provide the name and contact information for the individual authorized to represent your company and execute contracts.

c. Summarize your company’s management and organizational structure, including an organization chart with key personnel if applicable.

d. Indicate unique features of your company that make you best suited to fulfill the requested services.

2. Qualifications & Experience

a. Describe your qualifications and experience managing food and beverage concession services for the public, including any food service permits held.

i. Provide resumes for key personnel.

ii. Provide a list of locations (facility, city, and state) where your company operates or has operated similar concessions, including relevant timeframes.

iii. Provide a list of the food supplier(s) that your company currently uses or has used in the past.

iv. Indicate if your company currently holds any liquor licenses or has applied for liquor licenses in the past.

b. Describe your qualifications and experience with Native American cuisine and merchandising, including purposefully sourced ingredients, indigenous-made products, and locally crafted goods.

c. Describe your qualifications and experience managing cultural programming if applicable.

d. Describe any relevant experience you have with making capital improvements to restaurant interiors, including any associated bonding requirements.

e. Provide the names and contact information for three (3) references who the City may contact that are free to discuss all aspect of their experience working with your company. Provide at least one (1) bank and/or financial institution reference.

f. Identify and describe any current outstanding litigation.

3. Approach

a. Describe your proposed concession services for the site, including the following:

i. Management and staffing plans

ii. Customer service philosophy, including complaint management

iii. Marketing strategies

iv. Point-of-Sale system and internal controls for record keeping, cash handling, and inventory security

v. Sustainable business practices (recycling, composting, product sourcing, etc.)

b. Describe your preliminary site set-up and improvement plans for enabling operations, including estimated costs and key equipment and furnishings; distinguish permanent fixtures from removable equipment.

c. Describe your proposed days and hours of operation for the Concession site, including any seasonal variations. Describe your expected timeframe for starting operations and include your rationale.

d. Describe your approach to Native American cuisine, including purposefully sourced ingredients.

i. Provide a sample menu with associated pricing.

ii. Provide an operation plan for food product sourcing, quality control, and inventory management.

e. Describe your approach to retail merchandising, including sourcing and display of local and indigenous products.

i. Provide a sample merchandise list with associated pricing.

ii. Provide an operation plan for product sourcing, display, and inventory management.

f. Describe your approach to cultural programming that enhances visitor understanding of indigenous foodways and the history and culture of the American West.

i. Provide a description of up to three (3) examples of proposed event programming.

g. Describe your approach to utilizing subcontractor partners to supplement services if applicable.

i. Provide a list of the entity names and contact information for all proposed subcontractors.

ii. Describe your experience working with the identified subcontractors and your approach to utilizing their services to supplement your own.

4. Financial Backing

a. Describe your ability to fund the initial set-up, ongoing management of the

Concession Site, and payment of compensation to the City, including any proposed financing.

i. Provide consolidated financial statements for your company from the past three (3) fiscal years.

ii. Provide a letter of commitment from a bank for the amount of financing expected for the Concession if applicable.

iii. Declare if your company owes any overdue debts or taxes to the City or any other governmental entity. If yes, explain.

b. Describe your ability to meet the bonding requirements set forth in Attachment 5 -

Sample Contract, Terms and Conditions Section 5-4.

i. Performance bond for operations

ii. Payment and performance bond for maintenance and repair

iii. Payment and performance bond for construction projects if applicable

c. Indicate if your company or any of its partners, owners, or principals have ever filed Chapter 7, 11, and/or 13 in Bankruptcy Court. If so, provide the date, court jurisdiction, amount of liabilities and assets, and current status.

5. Compensation to the City

a. Describe your proposed compensation to the City.

i. Guaranteed Annual Minimum Payment (GAMP) amount

ii. Monthly Percentage Payment of Gross Revenues amount (once the total percentage of sales exceeds the GAMP amount)

iii. Provide a Pro Forma Statement detailing anticipated gross revenues and expenses and projected net revenues to the City for 2026-2028.

iv. Describe any major assumptions used in determining revenues, gross profit, payroll, interest, and other expenses.

b. Describe your proposed capital improvement investment if applicable.

i. Describe the amount and cadence of your proposed investment (one time or annual) and indicate if the investment will be monetary only or performed.

ii. Describe the proposed capital improvements, including estimated project costs.

c. Describe your methods for tracking and reporting all sales to the City and for maintaining and auditing financial records related to the concession services.

6. Required Forms:

You must also provide these required completed forms:

a. W-9

b. Certificate of Good Standing from the Colorado Secretary of State’s Office

c. Attachment 3 Contract Certification Form

d. Attachment 4 Diversity & Inclusiveness in City Solicitations Information

Request Form

e. Signed Addendum Acknowledgement Form

B. PRICING:

Proposals should address all requirements set forth in Sections 2 through 3 as well as any other items pertinent to the proposal pricing such as additional discounts for increased quantities, prompt payment, etc. The requirements have been developed to allow the City to uniformly evaluate prices submitted for the work. Accordingly, proposers should follow these instructions carefully and provide all data requested in the formats specified herein and in any referenced attachments. All quoted pricing shall be firm and fixed for the specified contract period. The proposer’s quoted pricing must take into account all costs associated with providing the services described herein, including but not limited to insurance, tools, vehicles and equipment, labor, travel, lodging, overhead and compliance with the City’s prevailing wage requirements or minimum wage requirements (if applicable), and any other related costs.

C. TECHNICAL REQUIREMENTS FOR THE ELECTRONIC SUBMISSION:

An electronic submission is required in order to obtain detailed information about each proposer which will assist the committee in making a selection recommendation for a firm who will best meet the needs of the City and the Project. IT SHALL BE CONCLUSIVELY

PRESUMED THAT THE PROPOSER DID, BEFORE SUBMITTING A PROPOSAL,

CLOSELY REVIEW THE RFP, ALL EXHIBITS AND ATTACHMENTS, AND OTHER ITEMS

RELEVANT TO THE RFP. The City requires that proposers submit all information responsive to this RFP via the Rocky Mountain E-purchasing System (BidNet®) in order to provide a complete and accurate proposal package.

ROCKY MOUNTAIN E-PURCHASING (BidNet®):

The City is collaborating with Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of Formal Bids and Requests for Proposals (RFP) administered by the City’s Department of Parks and Recreation.

It is a requirement of this Formal Bid / RFP that interested parties familiarize themselves and register with BidNet®; proposers/contractors who do not register may be considered non-responsive.

Registration with BidNet® is available at no charge and allows proposers access to view governmental bids posted on BidNet®; additional services options are offered with an associated fee. It is the responsibility of the proposer/contractor to evaluate and select the service option of their choice.

The City is not responsible for the actions or lack thereof on the part of the proposer/contractor in regards to their interaction with BidNet®, or any other third-party bid notification service in relation to this Formal Bid/RFP.

More information is available at: www.rockymountainbidsystem.com or by calling 1-800- 835-4603.

ELECTRONIC SUBMISSION OF PROPOSALS:

Submission of proposals for this solicitation may only be done electronically through BidNet®. Proposals must be submitted at www.rockymountainbidsystem.com, no later than the date and time indicated in the RFP.

Proposers who feel they are unable to prepare and submit an electronic submittal should submit a request in writing to the RFP Designated Contact, no later than the pre-proposal meeting date and time, for permission and instructions for submitting a hardcopy proposal.

ACCURACY AND COMPLETENESS OF INFORMATION:

Proposers are hereby notified that the City will rely on the accuracy and completeness of all information provided in making its selection. As such, proposers are urged to carefully review all information provided to ensure the clarity, accuracy, and completeness of such information. As the City deems necessary and appropriate in its sole discretion, the City reserves the right to make any inquiries or other follow up required to verify the information provided. FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION THAT

WOULD BE A SUBSTANTIAL CONSIDERATION IN MAKING A SELECTION MAY

RESULT IN REJECTION OF A PROPOSAL OR TERMINATION OF A CONTRACT.

SECTION 4 - General Requirements

A. DISCLOSURE OF INFORMATION:

The proposer must identify in each portion of the proposal any information that the proposer deems confidential, or which contains proprietary information, patents, copyrights, or trade secrets. The proposer must provide justification of what information, upon request, should not be disclosed by the City under the Colorado Open Records Act (C.R.S. §§ 24-72-201 through 205) (“CORA”). The City may otherwise use or disclose the information submitted by the proposer for any purpose, unless its use is so identified and restricted by the proposer. The proposer's opinion of what constitutes confidential information under CORA is not binding upon the City.

B. DISCRIMINATION IN EMPLOYMENT:

In connection with the performance of work on this project, discrimination in employment will not be tolerated. See Attachment 5 - Sample Contract, Terms and Conditions Section 8- 4.

C. DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS:

Diversity and inclusiveness are essential components of successful economic development plans and efforts. As a condition of responsiveness to this solicitation, each proposer is required to complete the “Diversity and Inclusiveness in City Solicitations Information

Request Form” online at https://us.openforms.com/Form/57f3a8ea-39b7-4115-be17-

1770f38d3cf6. Print/save and include a copy of the completed form with your proposal; you will have the option to print/save the form after submission. Using the form, please state whether you have a diversity and inclusiveness program for employment and retention, procurement and supply chain activities, or customer service, and provide the additional information requested on the form. The information provided on the “Diversity and

Inclusiveness in City Solicitations Information Request Form” will provide an opportunity for proposers to describe their own diversity and inclusiveness practices. Proposers are not expected to conduct intrusive examinations of their employees, managers, or business partners in order to describe diversity and inclusiveness measures. Rather, the City simply seeks a description of the proposer’s current practices, if any. Diversity and inclusiveness information provided by proposers in response to City solicitations for services or goods will be collated, analyzed, and made available in reports consistent with City Executive Order

No. 101. However, no personally identifiable information provided by or obtained from proposers will be in such reports.

D. APPLICABLE LAW:

This selection process and the performance of any selected proposer shall be subject to, governed by, and construed in accordance with the laws of the State of Colorado and the https://us.openforms.com/Form/57f3a8ea-39b7-4115-be17-1770f38d3cf6

Charter, Revised Municipal Code, rules and regulations, written policies, and Executive Orders of the City and County of Denver, as the same may be amended from time to time.

E. PERMITS & LICENSES:

It is specifically understood that the award of the right to manage the project is contingent upon the successful proposer obtaining the necessary licenses and/or permits allowing the contractor to operate. An agreement will not be executed until all required licenses have been issued and copies provided upon request of the Executive Director.

F. ASSIGNMENTS AND SUBCONTRACTS:

Assignments and subcontracts are restricted. See Attachment 5 - Sample Contract, Terms and Conditions Section 6-1.

G. HOLD HARMLESS:

The successful proposer will be required to provide appropriate indemnification and insurance. See Attachment 5 - Sample Contract, Terms and Conditions Section 5-1. The agreement will not be executed until all required proof of insurance has been provided to the Executive Director.

H. CONFLICTS OF INTEREST:

All proposers must review and comply with the City’s Code of Ethics governing City Officers’ or Employees’ interest in any contract with the City not related to the Officers’ or Employees’ employment with the City. The Code of Ethics Ordinance can be found online at https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_

CH2AD_ARTIVCOET.

The proposer and its subsidiaries, affiliates, subcontractors, principals, or employees shall not engage in any transaction, activity or conduct which would result in a conflict of interest.

If applicable, prior to submitting a proposal, the proposer must disclose to the Designated Contact any and all current or potential conflicts of interest, including transactions, activities, or conduct that would affect the judgment, actions, or work of the proposer by placing the proposer’s own interests, or the interest of any party with whom the proposer has a contractual arrangement, in conflict with those of the City. The proposer should contact the Designed Contact with any questions regarding what may constitute a conflict. The City, in its sole discretion, shall determine the existence of a conflict of interest and may disqualify proposals in the event such a conflict exists.

I. NON-EXCLUSIVE CONTRACT:

The awarded contract(s) shall be non-exclusive. In the City’s best interests, the City reserves the right to purchase the same materials and services through other procurements.

J. CONTRACT CERTIFICATION:

Using the Attachment 3 - Contract Certification Form, the proposer shall indicate whether all terms and conditions of the Sample Contract are acceptable, or whether the proposer has any proposed modifications. Exceptions will be taken into consideration when evaluating proposals and the following sections are non-negotiable: Governing Law and Venue, Discrimination in Employment, Examination of Records, and Defense and Indemnification.

K. SECRETARY OF STATE REGISTRATION:

https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH2AD_ARTIVCOET https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH2AD_ARTIVCOET

Prior to finalization of award and contracting, the successful proposer(s) will be required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s Office as proof that they are properly registered to do business in the State of Colorado.

L. DENVER WAGE LAWS:

The services being requested in this RFP may involve services that are covered pursuant to Division 3.75 of Article IV of Chapter 20 of the Denver Revised Municipal Code (“D.R.M.C.”), which is designed to address the issue of wage equity and cost of living affordability in the City & County of Denver. The services may also be subject to the City’s Wage Theft laws under Chapter 58 of the D.R.M.C. The successful proposer agrees that any contract with the City shall include a requirement that contractor will comply with the provisions of D.R.M.C.

§§20-82 through 20-84, including, but not limited to, paying all covered workers no less than the City Minimum Wage for all covered services rendered in connection with the contract;

and shall include a requirement that the contractor will comply with provision of D.R.M.C.

§§58-1 through 58-26. Additionally, the successful proposer agrees that the contract shall require compliance with all current and future federal and state laws and City ordinances.

M. PAYMENT AND PERFORMANCE BOND/LETTER OF CREDIT:

A satisfactory performance bond or letter of credit to ensure performance under the Concession License will be required in an amount equivalent to Fifty Thousand Dollars ($50,000). A satisfactory payment and performance bond or letter of credit to ensure all contracted maintenance and repair work and all financial obligations under the Concession License will be required in the amount of Ten Thousand Dollars ($10,000). The Concession License will not be effective until the required payment and performance guarantees have been provided to the Executive Director. See Attachment 5 - Sample Contract, Terms and Conditions Section 5-4.

N. FOOD HANDLING ORDINANCE:

Successful proposers must comply with D.R.M.C Chapter 23 Food and Food Handlers.

SECTION 5 – Selection Process

A. SELECTION COMMITTEE:

The Selection Committee shall consist of DPR representatives and other appropriate individuals as appointed by the Executive Director. The Selection Committee shall review the written responses to the RFP, consider the causes for rejection or disqualification and the Evaluation Criteria listed in Section 5.E., and make its recommendation to the Executive

Director. Proposers may be requested to participate in interviews to further assess their qualifications.

B. CONTACTS:

Any proposer who contacts any member of the Selection Committee other than the

Designated Contact from the date of issuance of the RFP and prior to the completion of the selection process may be disqualified from further participation in the selection process at the Executive Director’s sole discretion.

C. EXECUTIVE DIRECTOR’S DECISION:

The Executive Director will review the recommendation of the Selection Committee and decide on a successful proposer. As the City’s best interests may appear, the Executive Director reserves the right to terminate, suspend, modify the selection process; reject any or all submittals; modify the terms and conditions of this selection process; and waive any https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH23FOFOHA informalities, irregularities, or omissions in any submittal. The proposers will be notified of the Executive Director’s decision.

An agreement will be prepared for execution following the submittal of all required documentation by the successful proposer. The contract will then be submitted to the City Council and Mayor for approval by ordinance or resolution, if applicable, and Mayoral signature. NO RIGHTS TO PROVIDE SERVICES SHALL ARISE UNTIL THE CONTRACT

IS APPROVED BY ORDINANCE (IF APPLICABLE) AND SIGNED BY THE MAYOR.

D. CAUSES FOR APPLICATION REJECTION AND DISQUALIFICATION:

1. Failure to provide complete information and/or documentation as required

2. Evidence of collusion or fraud

3. Default or termination of other contracts pertinent to proposer’s ability and willingness to perform contractual obligations

4. Delinquent federal, state, or local tax obligations

5. Lack of ability to operate as required

6. Omissions or fraudulent statements

7. Outstanding debts to the City

8. Breach or violation of terms and conditions of existing agreements, licenses, or permits with the City

9. Conviction or indictment of a proposer, manager, or staff for a felony involving violence, including sexual offenses, and/or listing of same on the Colorado sex offender registry or a similar sexual offender registry of another state or the federal government

10. Not being in good standing with the Secretary of State

11. At its discretion, the City does not accept proposals submitted by other governmental agencies

E. EVALUATION CRITERIA:

The proposals shall be evaluated according to the following general guidelines and other relevant considerations as determined by the Selection Committee.

1. Qualifications & Experience

2. Approach

3. Financial Backing

4. Compensation to the City

5. Diversity & Inclusiveness in City Solicitations

ATTACHMENT 1: Site Maps and Pictures

ATTACHMENT 2: City-Owned Equipment Inventory

All fixtures (equipment permanently attached to the building) are property of the City, including the following:

1. Built-in cabinets and counters

2. Range hood extinguisher

3. Fire alarm panels (for Pahaska and Buffalo Bill Museum)

4. Stainless steel wall covering and three-compartment sink

5. Hand washing station

In addition, the following movable equipment is property of the City:

1. Three (3) swamp coolers

2. Hand-held fire extinguishers

ATTACHMENT 3: Contract Certification Form

USE E-FILLABLE FORM ATTACHED SEPARATELY IN BIDNET

ATTACHMENT 4: Diversity & Inclusiveness in City

Solicitations Information Request Form

THE DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS

INFORMATION REQUEST FORM MUST BE COMPLETED ONLINE AT

When prompted to “Enter Email Address of City and County of Denver contact person facilitating this solicitation,” please enter dpr.proposals@denvergov.org

YOU MUST PRINT/SAVE A COPY OF YOUR SUBMISSION

AND INCLUDE IT WITH YOUR PROPOSAL.

ATTACHMENT 5: Sample Contract

ATTACHED SEPARATELY IN BIDNET

ATTACHMENT 6: Proposer’s Checklist

Use this checklist to ensure all required documentation is submitted with your proposal in BidNet.

ITEM NAME NOTES

☐ Proposer Responses Respond to all questions and items in Section 3 in the listed order.

Include required attachments:

• Key personnel resumes

• Sample menu with pricing

• Sample merchandise list with pricing

• Financial statements for the past three (3) fiscal years

• Bank commitment letter for proposed financing

• Pro Forma Statement for 2026-2028

☐ W-9 Submit current W-9 with correct entity name and TIN information.

☐ Certificate of Good Standing from the Colorado Secretary of State’s Office

Submit current certificate. Your company must be in good standing to qualify for consideration.

☐ ATTACHMENT 3: Contract Certification Form Use fillable version attached separately in BidNet.

☐ ATTACHMENT 4: Diversity and Inclusiveness Form Submit form online AND print/save completed form and include it with your proposal submission in BidNet.

Under “Enter Email Address of City and County of Denver contact person facilitating this solicitation” please enter dpr.proposals@denvergov.org

☐ Signed Addendum Acknowledgment Form Form will be uploaded as an addendum in BidNet after the question acceptance deadline. Include a signed version with your proposal submission in BidNet.