RFP for Ice Arena Concessions (8.22.25).pdf

Request for Proposals for

Concessions Agreement at

Joe Marmo & Wayne Lehto Ice Arena

RFP-25-007

RFP Due Date: September 9, 2025 at 3:00 p.m.

RFP-25-007Section I

SECTION I

INSTRUCTION TO BIDDERS

A. OBJECTIVE

The City of Idaho Falls, Idaho (“City”) is soliciting proposals based on the criteria stated in this Request for Proposal for the provision of conducting concession services within the City’s

Joe Marmo & Wayne Lehto Ice Arena (the “Arena,” or “Ice Arena”) for those that attend the

Arena during times of open skate and during events held at the Arena for the 2025-2026 ice skating/hockey season (the “Ice Season”).: Individuals or organizations that submit proposals

(the “Proposers”) shall comply with the instructions and terms herein in order for their bids to be considered a responsive bids.

B. TERM

The purpose of this Request for Proposal (“RFP”) is to select and contract with a Proposer to provide concession services (“Concession Agreement,” or “Agreement”) for a one (1) Ice

Season. This Ice Season shall run from October 4, 2025 through March 29, 2026.

C. QUESTIONS

No questions will be accepted outside the Bidnet platform, and no project specific questions will be accepted after August 29,2025, at 3:00 PM MST. All questions shall be submitted through the

BidNet platform. If an addendum is required, it will be submitted no later than 9/05/2025, by 5:00

MST through BidNet.

All solicitation documents may be viewed on the BidNet platform

(https://www.bidnetdirect.com//cityofidahofalls). You can also link to the BidNet platform by going to https://www.idahofallsidaho.gov/Bids.aspx or navigating to the City of Idaho Falls website at www.idahofallsidaho.gov, click on the Business Tab, then select Services-> Bid

Opportunities and proceed to the BidNet platform through the applicable BID posting.

D. PROPOSAL REQUIREMENTS

Proposals shall conform to the following instructions. Any non-conforming proposal will be rejected.

Proposals must be submitted in PDF format electronically through the BidNet platform on or before 9/9/2025, at 3:00 PM MDT. The City will not accept copies sent by FAX.

All solicitation documents may be viewed on the BidNet platform

(https://www.bidnetdirect.com//cityofidahofalls). You can also link to the BidNet platform by going to https://www.idahofallsidaho.gov/Bids.aspx or navigating to the City of Idaho Falls https://www.bidnetdirect.com/cityofidahofalls https://www.idahofallsidaho.gov/Bids.aspx http://www.idahofallsidaho.gov/ https://www.bidnetdirect.com/cityofidahofalls https://www.idahofallsidaho.gov/Bids.aspx http://www.idahofallsidaho.gov/

E. SELECTION CRITERIA

Responses to this RFP will be evaluated using a point system, as shown in Section III. The evaluation will be completed by a selection committee of staff from the City. Award of

Contract will be according to the highest given points.

F. CHANGES IN THE RFP

Should any prospective Proposer be in doubt as to the true meaning of any portion of this

RFP, or should the Proposer find any ambiguity, inconsistency, or omission therein, the

Proposer shall make a written request for an official interpretation or correction. Such requests must be received by the Purchasing Department, not less than five (5) days prior to the final date of submittal of the proposals.

G. ADDENDUM

All interpretation or correction, as well as any additional RFP provisions that the City may decide to include, will be made only as an official addendum that will be emailed or mailed and it shall be the Proposer’s responsibility to ensure they have received all addendums before submitting a bid. Any addendum issued by the City shall become part of the RFP and will be incorporated in the proposal.

The City will not be bound by oral responses to inquiries or written responses other than written addenda.

H. PROPOSAL SUBMISSION

All Proposals are due and must be submitted on the Bidnet Platform on or before September

9, 2025 by 3:00 p.m. (local time). Proposals submitted late or via oral, telephonic, telegraphic, electronic mail or facsimile will not be considered or accepted.

Proposals shall conform to the following instructions. Any non-conforming proposal will be rejected.

Proposals must be submitted in PDF format electronically through the BidNet platform on or before 9/9/2025, at 3:00 PM MDT. The City will not accept copies sent by FAX.

All solicitation documents may be viewed on the BidNet platform

(https://www.bidnetdirect.com//cityofidahofalls). You can also link to the BidNet platform by going to https://www.idahofallsidaho.gov/Bids.aspx or navigating to the City of Idaho Falls https://www.bidnetdirect.com/cityofidahofalls https://www.idahofallsidaho.gov/Bids.aspx http://www.idahofallsidaho.gov/

All Proposals received on or before the Due Date will be publicly opened and recorded at a designated time on the Due Date. No immediate decisions are rendered.

The City will not be liable to any Proposer for any unforeseen circumstances, delivery, or postal delays. Postmarking on the Due Date will not substitute for receipt of the Proposal.

Each Proposer is responsible for submission of their Proposal. Additional time will not be granted to a single Proposer; however, additional time may be granted to all Proposers when the City determines that circumstances warrant it.

I. DISCLAIMER

The City reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects if, in the City’s sole judgment, the best interests of the City will be so served.

J. COST LIABILITY

The City assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a Concession Agreement. The liability of the City is limited to the terms and conditions outlined in the Agreement.

K. SCHEDULE

The City has defined the following schedule in regards to this contract. Proposal Due Date and Bid Opening September 9, 2025 by 3:00 p.m.

Proposal Selection/Negotiate Contract September 16-19, 2025.

Concession Agreement October 1, 2025

Note: The above schedule is for information purposes only and reflects potential commencement dates for the

2025-2026 Ice Season. This is subject to change at the City’s discretion.

GENERAL TERMS AND CONDITIONS

A. INDEMNIFICATION

To the fullest extent permitted by law, for any loss not covered by insurance under the

Agreement, Proposer shall indemnify, defend and hold harmless the City, its officers, employees and agents harmless from all suits, claims, judgments and expenses including attorney’s fees resulting or alleged to result, in whole or in part, from any act or omission, which is in any way connected or associated with the Agreement, by the Proposer or anyone acting on the Proposer’s behalf under the Agreement. Proposer shall not be responsible to indemnify the City for losses or damages caused by or resulting from the City’s sole negligence.

B. INSURANCE

All required insurances shall conform to the requirements listed below. Proposer must keep insurance current for the term of the Agreement.

1. Worker's Compensation Insurance in accordance with all applicable state and federal statutes. Further, Employers Liability Coverage shall be obtained in the following minimum amounts:

Bodily Injury by Accident - $500,000 each accident

Bodily Injury by Disease - $500,000 each employee

Bodily Injury by Disease - $500,000 each policy limit

C. TERMINATION FOR CAUSE

In the event the Proposer fails, at any time, to comply with, fully perform strictly adhere to any covenant, condition or representation contained within the agreement, all requirements contained within the RFP and the Vendor’s Proposal, whether it be performed by the Vendor, its agents, or employees, the City shall have the right to give written notice to Vendor of such failure. If such failure is not cured to the City’s satisfaction within ten (10) business days from the time of receipt of such notice the City shall have the right to terminate immediately without the requirement of a further notice.

D. TERMINATION FOR CONVENIENCE

Notwithstanding the above, the City, on at least thirty (30) days advance notice to the Vendor, may terminate the contract, or any portion thereof, for any reason, including convenience, without incurring any penalty, expense or liability to the Vendor except the obligation to pay for services actually performed under the agreement before the termination date.

E. ASSIGNMENTS

The Proposer(s) agrees not to assign or transfer this work or any part thereof without the written consent of the City, acting through the City Agreement. Any unauthorized assignment may subject the Proposer(s) to immediate termination.

F. SUBCONTRACTORS

No contract may be sublet without the written consent of the City. Any subcontractor, so approved, shall be bound by the terms and conditions of this agreement. The Proposer shall be fully liable for all acts and omissions of its subcontractor(s) and shall indemnify the City for such acts or omissions.

G. QUALIFICATIONS OF PROPOSER’S EMPLOYEES/VOLUNTEERS

The Proposer shall supply fully trained, competent staff/volunteers. Any inability by the

Proposer to maintain a regular and consistent work force may result in default of the

Agreement. All employees/volunteers shall be bonded under the Proposer’s organization name.

H. COLLUSIVE BIDDING

The Proposer certifies that their proposal is made without any previous understanding, agreement or connection with any person, firm or corporation making a proposal for the same services and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

I. COST OF PROPOSAL

Interested Proposers, by submitting proposals, agree to bear all costs incurred or related to the submission of their proposals.

J. PROPOSAL SIGNATURES

Proposer’s proposals must be signed by an authorize official of the Proposer’s organization.

Each signature represents binding commitment upon the Proposer to provide the goods/services offered to the City.

K. NEGOTIATION

All proposals submitted may be subject to clarifications and further negotiation. All agreements resulting from negotiations that differ from what is represented within the RFP or in the Proposer’s response shall be documented and included as part of the final Agreement.

L. IRS FORM W-9

The Proposer must have on file with the City an IRS form W-9 before a Notice to Proceed can be issued.

M. EXCISE AND SALES TAX

The City is exempt from all taxes. The Proposer, if awarded an agreement for the 2025-2026

Ice Season concessions, shall be responsible for all “sales taxes” and “use taxes” as applicable to this work.

N. RESERVATION OF RIGHTS

1. The City reserves the right to accept any Proposal or alternative Proposal proposed in whole or in part, to reject any or all Proposals or alternatives Proposals in whole or in part and to waive irregularity and/or informalities in any Proposal and to make the award in any manner deemed in the best interest of the City.

2. The City reserves the right not to consider any Proposal which it determines to be unresponsive and deficient in any of the information requested within the RFP.

3. The City reserves the right to determine whether the scope of the project will be entirely as described in the RFP, a portion of the scope, or that a revised scope be implemented.

RFP 20-068/PARKS

Section II

SECTION II

BACKGROUND AND SCOPE OF WORK

A. BACKGROUND

During the Ice Season, the Ice Arena hosts various individuals and organizations for ice skating and ice hockey related events and recreation. During this time, many individuals make purchases at the concessions stand within the Ice Arena. In prior years, instead of the City taking direct control over this concession stand, it has allowed others who are not employed by the City to run the stand in order to make individual/organizational profits.

The purpose of this RFP is to continue allowing a source outside of the City to operate the concession stand, and award the Concession Agreement to the highest responsive proposal.

B. SCOPE OF AGREEMENT

Proposer(s) shall provide concession services, either through individuals employed by

Proposer or volunteers that pertain to Proposer(s) organization. The concession services shall consist of the following::

• Proposer and/or Proposer’s agents shall be available to assist individuals from the public with purchases from the Ice Arena concession stand during ice times that are open to the public, and during events that are held at the Ice

Arena that are open to the public, as mutually agreed upon by the City.

• The proper storing, preparing, and vending of food and drink items at times the concession stand is open to the public.

C. PROPOSER(S) RESPONSIBILITIES

Proposer(s) shall be responsible for the following:

• Proposer(s) shall be responsible for setting up the concession stand prior to its operation, and shall be responsible for closing and cleaning the concession stand upon closing hours of the Ice Arena.

• During times that the concession stand is not in operation, all equipment and devices, as provided with Section II.C. of this RFP, shall be stored away from the Ice Arena, with such storage location to be the sole responsibility and at the sole expense of the Proposer who is awarded the Agreement.

D. EQUIPMENT/ITEMS OWNED BY PROPOSER(S)

Proposer(s), in submitting this proposal, certifies that upon being awarded the Concession

Agreement, they shall supply their own items they intend to sell, food/drink preparation and storage equipment, to include but not limited to refrigerator, freezer, microwave, coffer maker, hot chocolate maker, nacho cheese warmer, hotdog heater, and any other equipment or device utilized in food preparation and storage. Proposer(s) also certify that, upon award of the Concession Agreement, that they shall have and provide their own purchasing and sales equipment, to include but not limited to computers, iPads, printers, receipt printers, pos systems, an internet or cellular source, and all other equipment devices, and connections necessary for Proposer(s) to operate the concessions stand.

E. CITY’S RESPONSIBILITIES

The City shall be responsible for the following:

• The City’s responsibilities include supplying the concessions area (within the main entrance to the Ice Arena), and an adequate power supply for Proposer’s equipment used during the concession’s hours of operation.

• The City will provide the Proposer who is awarded the Agreement the exclusive right to supply all food and beverages within the Ice Arena during the term of the Agreement.

F. REQUIREMENTS TO SUBMIT WITH PROPOSAL

As part of their proposal, Proposers are to:

a. Provide a list of concession products (types of food/drink, brands, etc.) that it intends to make available for purchase at times the Ice Arena concession stand is open to the public.

b. Provide a pricing structure for the items of food and drink that pertain to the above list of items.

c. Provide a list of all individuals that Proposers shall employ to help operate the Ice

Arena concessions stand.

d. Provide an explanation of any sales and customer service experience of Proposers and/or its agents.

e. Provide a proposed percentage of monthly profit that Proposer will pay City for granting Proposer’s use of the Ice Arena concession stand if Proposer is awarded the

Concession Agreement.

f. Provide a sample accounting document that demonstrates how Proposer intends to break down its profits and shows how City is to receive its proposed percentage of the monthly profits.

g. Provide transition plan for how long it will take from time of award to implementation of work plan.

Duration of Agreement

The Proposer who is awarded the Agreement shall operate the Ice Arena concession stand during the 2025-2026 Ice Season. The Agreement will not provide an option to renew the term to operate the concession stand on a long term basis.

Section III

SECTION III

EVAULATION CRITERIA

Proposal Evaluation

The Selection Committee will evaluate each proposal by the criteria described below based on the point system of 100 total points.

Fee Proposal Points: 50

Fee Proposal Points consist of the percentage of monthly profits that Proposer intends to proffer to City for utilizing its space to operate the concession stand, and a detailed sample showing of their accounting that would show how that percentage is achieved. Proposers who are proposing a higher percentage of their monthly profits will be awarded more points.

Menu Items Points: 35

Menu Items Points consist of the variety of items to be sold by the Proposer at the Ice Arena concessions stand. Higher points will be awarded to Proposers who provide a larger variety of hot and cold food and beverage items to be sold, along with other unique items Proposer intends to make available through its services.

Prior Sales/Customer Service Experience Points: 15

Prior Sales/Customer Service Experience Points consist of the prior experience that Proposer and/or its agents have had in the field of sales and customer service. Higher points will be awarded to Proposers that can demonstrate a lengthier experience in such fields.