Chief Executive Officer for Comanche Nation Entertainment

Comanche Nation

584 NW Bingo RD Lawton, OK 73507 (Physical)

PO Box 908 Lawton, OK 73502

(580) 492-3240– email: Administration@comanchenation.com

REQUEST FOR PROPOSAL (RFP):

CHIEF EXECUTIVE OFFICER- COMANCHE NATION ENTERTAINMENT

GENERAL CONDITIONS

A. Purpose: Comanche Nation solicits proposals from qualified individuals to oversee the Nation's gaming facilities. The following services may be proposed in whole:

B. Comanche Nation Entertainment Created: There is hereby established an unincorporated entity wholly-owned by the Nation, comprising the Nation’s Gaming Facilities, Surveillance Department, and Related Enterprises, and this entity shall be known as Comanche Nation Entertainment (CNE). CNE shall possess the same immunity and tax status of the Nation

C. Office of the CEO Established:

i. CNE shall be led and managed by the Chief Executive Officer (CEO) because the effective operation of CNE requires active supervision by a qualified individual on a daily basis. The office of the CEO, including management and staff hired thereby, shall be an authorized Gaming-related operating expense for purposes of audit and determining Net Revenue, as - defined by IGRA, and for purposes of determining Net Gaming Revenue subject to distribution under the Nation’s RAP.

ii. In the event that the Nation enters into a Management Contract approved by the NIGC, the CEO may delegate some or all of its duties to the approved Management Contractor.

iii. The actions and duties of the CEO shall not violate applicable Gaming laws or interfere with the Commissioner’s regulation of the Nation’s Gaming Activities.

D. Proposal Submission Information:

• Closing Date: Proposals must be submitted before 3:00 p.m., March 4, 2024.

• Inquiries: Inquiries concerning this RFP should be directed to Mark Woommovavoh, Comanche Nation Chairman, at Administration@comanchenation.com.

• Costs of Proposal Preparation: All costs incurred in preparing a proposal responding to this RFP will be the Vendor's sole responsibility and will not be reimbursed by CNE. Unless otherwise stated, all materials submitted by the Vendor in response to this RFP shall become the property of CNE.

• Proposal Submission Instruction to Vendors: Your proposal should be addressed as follows:

Comanche Nation

RFP No. CEO-2024

ATTN: Mark Woommavovah, Comanche Nation Chairman

PO BOX 908

LAWTON, OK 73502

Or via email to: administration@comanchenation.com

The Vendor is responsible for ensuring that CNE receives the proposals by the date and time specified above. Late proposals will not be considered. Confirmation of the receipt is the sole responsibility of the Vendor.

Expected Timelines:

E. Right to Reject: Comanche Nation reserves the right to reject any proposals received in response to the RFP.

F. Confidentiality: The applicant agrees to keep the information related to the negotiations in strict confidence. Other than the reports submitted to Comanche Nation, the applicant agrees not to publish, reproduce, or otherwise divulge such information in whole or part, in any manner or form or authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to the information, while in the applicant's possession. In writing, The applicant agrees to notify Comanche Nation's authorized representative immediately if the applicant determines or has reason to suspect a breach of this requirement.

G. Notification of Award: Comanche Nation anticipates but does not guarantee that a Contract will be awarded on or around the week of April 15, 2024. Awards will be made

to the most reasonable applicant whose service, experience, and approach to the project are most compatible with Comanche Nation's needs. Comanche Nation will be the sole judge in making this determination.

SCOPE OF SERVICES

A. Scope of Work: The scope of work for this project consists of the following primary tasks. The successful applicant may be retained for a three-year term and would be responsible for, but not limited to, analysis, recommendation, marketing, contracts; etc.

B.

a. CEO Duties:

i. The CEO shall have the following duties:

ii. Hire, direct, and supervise CNE's management team, which may include, but not be limited to, persons who perform the duties and functions usually associated with a chief operating officer, chief information officer, chief financial officer, chief legal officer, chief compliance officer, and general managers of the Gaming Facilities, Surveillance Department, and Related Enterprises, and indirectly supervise all CNE employees;

iii. Develop and implement policies and procedures for CNE to guide development, protect Patrons, employees, and property, promote operational efficiency, reduce operating costs, comply with relevant laws and regulations, and encourage growth of Net Gaming Revenues and other income;

iv. Develop, approve, and present to the CBC the annual operating budget for CNE following Section 211 of this Ordinance and implement and manage such budget;

v. Approve and enter into contracts and other agreements following Section 208 of this Ordinance, on behalf of CNE, the Gaming Facilities, and/or Page 12 of 33 Related Enterprises and monitor and ensure the performance of such contracts and other agreements;

vi. Adopt personnel policies governing the employees of CNE;

vii. Monitor and oversee CNE's operations;

viii. Develop CNE's organizational structure to enhance communication and optimize performance;

ix. Provide a copy of all Gaming-related contracts to the Commissioner to review for compliance with this Ordinance and other applicable Gaming laws and regulations;

x. Establish wager limits, prize limits, and pay-out ratios;

xi. Develop marketing and strategic development plans;

xii. Oversee the investigation, negotiation, and informal resolution of Patron complaints related to tort claims and prize claims and, if applicable, assist Gaming Facilities throughout the process;

xiii. Ensure CNE's operations comply with applicable laws and regulations;

xiv. Delegate performance of duties, as needed, to other members of management;

xv. Other Gaming-related duties as assigned or delegated by the CBC and

xvi. Any other duties or powers not prohibited herein that the CEO determines are necessary to monitor and oversee the management of CNE.

b. CEO Reports

i. The CEO shall meet with and make financial reports to the CBC monthly and as requested. The CEO will keep a written record of all meetings with the CBC and make such records available to the CBC upon request.

c. CNE Budget

i. The CEO shall develop annually, prior to the beginning of the Nation’s fiscal year, a projection of the Net Gaming Revenue to be distributed to the Nation and a budget for CNE’s operations, including personnel costs, proposed capital expenditures, loan payments, contingency reserves, and other expenses, for the following fiscal year.

ii. Said proposed budget shall be submitted to the CBC prior to the Nation’s fiscal year and shall be treated as highly confidential and proprietary.

iii. CNE may obtain and pay for such capital improvements, furnishings, equipment, supplies, stationery, subscriptions, employees, and services as it deems necessary or desirable to carry out its functions within the limit of the budgeted funds and expenditures and in accordance with Section 208.

d. CEO Appointment, Term, and Compensation

i. The CBC shall appoint the CEO to serve as a full-time employee of CNE pursuant to an employment agreement and the requirements established herein.

ii. If the CEO position is vacant, the Chairman of the Comanche Nation shall call for resumes from qualified candidates.

iii. The CBC shall review resumes received and choose from among them a person meeting the qualifications required herein.

iv. The CBC shall confirm such appointment by resolution.

v. The CEO’s term shall be three (3) years, and an individual may be reappointed by the CBC without limitation on the number of terms.

vi. The CEO shall be compensated at a level determined by the CBC, and such compensation shall be an authorized Gaming-related operating expense for purposes of audit and determining Net Revenues, as defined by IGRA, and for purposes of determining Net Gaming Revenue subject to distribution under the Nation’s RAP.

di. CEO License

i. The CEO shall be subject to the same background check and license eligibility requirements as Key Employees and Primary Management Officials, found in Part 400 of this Ordinance and regulations promulgated thereunder, and must be licensed accordingly in order to qualify for and retain the position of CEO.

Proposals must include the following:

A. Cover Letter: A one-page cover letter with the name and contact information of the

proposed Vendor.

B. Description of qualifications of the said applicant.

C. Detailed plan of action for all phases of the services requested.

D. Conflict of interest: Provide a statement of any potential conflicts of the applicant and/or key staff may have regarding providing these services to CNE. The statement should not only include actual conflicts, but also any working relationships that may be perceived by disinterested parties as a conflict. If no potential conflicts of interest are identified, state them in your proposal.

I. PROPOSAL SUBMITTAL PROCESS

A. The submission of a proposal shall indicate that the applicant has investigated and satisfied itself as to the conditions to be encountered, the character, quality and scope of work to be performed, and the requirements of CNE.

B. The applicants' qualification package and any other supporting materials submitted to Comanche Nation in response to the request will not be returned and will become Comanche Nation property.

Nonresponsive Proposals

Proposals may be judged nonresponsive and removed from further consideration if any of the following occur:

A. The proposal is not received timely in accordance with the terms of this RFP.

B. The proposal does not follow the specified format.

II. CONDITIONS AND AWARDS

A. CNE reserves the right to delay the selection process, withdraw and reissue the RFP, or cancel this procurement.

B. The solicitation does not commit CNE to pay any costs in the preparation or presentation of a submittal.