RFP24_0024.pdf

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 1 of 36

FINANCE DEPARTMENT

PURCHASING DIVISION 1111 FIRST AVENUE – 1ST FLOOR, COLUMBUS, GEORGIA 31901

P. O. BOX 1340, COLUMBUS, GEORGIA 31902-1340

706-225-4087 www.columbusga.gov

Date: March 6, 2024

REQUEST FOR

PROPOSALS:

RFP No. 24-00024

Qualified vendors are invited to submit sealed proposals, subject to conditions and instructions as specified, for the furnishing of:

LEASE OF ICE RINK PRO SHOP

(ANNUAL CONTRACT)

GENERAL SCOPE

The Columbus Consolidated Government (the City) seeks a qualified firm or individual to lease and operate the Ice Rink Pro Shop.

The lease term will be for one (1) year, with the option to renew for two (2) additional twelve-month periods.

SUBMISSION

REQUIREMENTS

See Appendix B for Submission Requirements, Submission Requirements

Checklist, and DemandStar Registration and Submission instructions.

DUE DATE

APRIL 5, 2024 – 5:00 PM (EASTERN)

Responses must be submitted via DemandStar on or before the due date/time.

ADDENDA

IMPORTANT INFORMATION

The Purchasing Division will post addenda (if any) for this project at https://www.columbusga.gov/finance-2/bid-opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a proposal.

NO PROPOSAL

SUBMISSION

If you are not interested in this solicitation, please complete and return page 3.

Andrea J. McCorvey, Purchasing Division Manager

COLUMBUS CONSOLIDATED GOVERNMENT

Georgia’s First Consolidated Government http://www.columbusga.gov/ https://www.columbusga.gov/finance-2/bid-opportunities

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IMPORTANT INFORMATION

e-Notification

The City uses the Georgia Procurement Registry e-notification system. You must register with the Team Georgia Market

Place/Georgia Procurement Registry to receive future procurement notifications via https://doas.ga.gov/state-purchasing/getting-started-supplier.

If you have any questions or encounter any problems while registering, please contact the Team Georgia Marketplace

Procurement Helpdesk:

Telephone: 404-657-6000

Fax: 404-657-8444

Email: procurementhelp@doas.ga.gov https://doas.ga.gov/state-purchasing/getting-started-supplier mailto:procurementhelp@doas.ga.gov

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STATEMENT OF "NO PROPOSAL SUBMISSION"

Notify the Purchasing Division if you do not intend to submit a Proposal:

Email BidOpportunities@ColumbusGA.org or return this form, via mail, to:

Attn: Heather Biddle, Buyer

Columbus Consolidated Government

Purchasing Division

P. O. Box 1340

Columbus, Georgia 31902-1340

We, the undersigned decline to submit a proposal for RFP No. 24-0024 for Lease of Ice Rink Pro Shop

(Annual Contract), for the following reason(s):

Specifications are too “tight”, i.e., geared towards one brand or manufacturer (explain below)

There is insufficient time to respond.

We do not offer this product and/or service.

We are unable to meet specifications.

We are unable to meet bond requirements.

Specifications are unclear (explain below).

We are unable to meet insurance requirements.

Other (specify below)

Comments

COMPANY NAME:

AGENT: ___

DATE:

EMAIL: ____ _________

mailto:BidOpportunities@ColumbusGA.org?subject=CRM/311%20System

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 4 of 36

PROPOSALS WILL BE EVALUATED IN ACCORDANCE WITH THE PROCEDURES AS

OUTLINED BELOW IN SECTIONS 3-110 OF THE PROCUREMENT ORDINANCE. ALL

PROPOSALS WILL BE KEPT CONFIDENTIAL.

3-110 Competitive Sealed Proposals (Negotiations)

(1) Conditions for Use

When the Purchasing Manager determines that the use of competitive sealed bidding for any procurement is either not practicable or not advantageous to the City, a contract may be entered into using the competitive sealed proposals (negotiation) method. In addition, the competitive sealed proposal process shall be used for the procurement of professional services, specialized equipment or supplies.

The competitive sealed proposal process may be used for procurements with an estimated total cost less than $25,000.00, if deemed to be in the best interest of the City. If the total cost can be determined, the authority to approve such solicitations will be as prescribed by article 3-104, Purchasing Limits. If, due to the required services, a total cost cannot be determined then the award recommendation will be approved by Council.

A. Request for Proposals

Proposals shall be solicited through Request for Proposals. The Purchasing Division shall establish the specifications with the using agency and set the date and time to receive proposals. The request for proposal shall include a clear and accurate description of the technical requirements for the service or item to be procured.

B. Public Notice

The public will be given adequate notice of the Request for Proposals, provided that, adequate notice shall mean at least fifteen (15) business days before the due date, which is stated in the Request. The

City reserves the right to seek Request for Proposals in a shorter period, if necessary, as determined by the Purchasing Manager.

Notice shall be published in a reasonable time before due date, contain a description of the procurement in general terms, as well as, the place and due date for proposals, and appear in a newspaper(s) of general circulation, specifically the City’s legal organ. In addition to publication in newspapers, notice shall also be made by electronic means, including posting on the Internet and on the City’s government access television channel.

Public Works construction projects shall be advertised in accordance with Georgia State Law.

The City reserves the right to mail or e-mail invitations directly to vendors under the following circumstances:

-Solicitations for Specialized Equipment/Supplies

-Solicitations for Specialized Services

-Re-bid of Solicitations where normal advertising procedures netted no responses.

-Whenever deemed necessary by the Purchasing Manager.

C. Receipt of Proposals

Proposals must be received by the deadline date established. No public opening will be held. No proposals shall be handled to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of discussion. A register of proposals shall be https://library.municode.com/ga/columbus/codes/code_of_ordinances?nodeId=PTICH_ARTIIILEBR_CH1THCO_S3-104POCO

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 5 of 36 prepared as part of the contract file, and shall contain the name of each offeror, the number of modifications received (if any), and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.

D. Evaluation Factors

The Request for Proposals shall identify the relative importance of cost (when applicable) and other evaluation criteria.

E. Evaluation Process

An odd number of voting members of a Selection or Evaluation Committee shall evaluate all proposals received based upon the criteria stated in the Request for Proposals. Each voting Committee member shall grade each submitted proposal based upon the evaluation criteria.

F. Discussion with Responsible Offerors and Revisions to Proposals

As provided in the Request for Proposals, discussions (negotiations) may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award, to assure full understanding of and conformance to the solicitation requirements. All qualified, responsible offerors shall be given fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors or any information derived from proposals submitted by competing offerors. If only one proposal response is received, then the award recommendation shall be to the single offeror, if the offeror meets all requirements.

G. Award

After negotiations, the award recommendation must be presented to Columbus City Council for final approval. Award will be made to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration total cost (if determined) and all other evaluation factors set forth in the Request for Proposals.

After Council approval, a contract based on the negotiations (if negotiations were necessary) will be drawn and signed by all necessary parties. If Council does not approve the award, it may direct that further negotiations may take place with the recommended offeror, or that negotiations begin with the next most qualified offeror. Council may also exercise the option to reject all offers and instruct the Purchasing Manager to begin the procurement process again. The contract file shall contain the basis on which the award is made.

After contract award, the contract file, will be made public. Unsuccessful offerors will be afforded the opportunity to make an appointment with the Purchasing Division for a debriefing. After the award, the contract file and the unsuccessful proposals will become subject to disclosure under the

Georgia Open Records Act.

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DO YOU HAVE QUESTIONS, CONCERNS OR NEED

CLARIFICATION ABOUT THIS SOLICITATION?

COMMUNICATION CONCERNING ANY SOLICITATION CURRENTLY

ADVERTISED MUST TAKE PLACE IN WRITTEN FORM AND ADDRESSED TO

THE PURCHASING DIVISION.

ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION SHALL

BE SUBMITTED IN WRITING. THE CITY WILL NOT ORALLY OR

TELEPHONICALLY ADDRESS ANY QUESTION OR CLARIFICATION REGARDING

BID/PROPOSAL SPECIFICATIONS. IF A VENDOR VISITS OR CALLS THE

PURCHASING DIVISION WITH SUCH QUESTIONS, HE OR SHE WILL BE

INSTRUCTED TO SUBMIT THE QUESTIONS IN WRITING.

ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE

THROUGH THE PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT CITY

EMPLOYEES, DEPARTMENT HEADS, USING AGENCIES, EVALUATION

COMMITTEE MEMBERS OR ELECTED OFFICIALS WITH QUESTIONS OR ANY

OTHER CONCERNS ABOUT THE SOLICITATION. QUESTIONS, CLARIFICATIONS,

OR CONCERNS SHALL BE SUBMITTED TO THE PURCHASING DIVISION IN

WRITING. IF IT IS NECESSARY THAT A TECHNICAL QUESTION NEEDS

ADDRESSING, THE PURCHASING DIVISION WILL FORWARD SUCH TO THE

USING AGENCY, WHO WILL SUBMIT A WRITTEN RESPONSE.

THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE

RESPECTIVE BIDDER OR IF IT BECOMES NECESSARY TO REVISE ANY PART OF

THIS SOLICITATION, A WRITTEN ADDENDUM WILL BE ISSUED TO ALL BIDDERS.

THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS, CLARIFICATIONS,

OR CHANGES MADE TO THE WRITTEN SPECIFICATIONS BY CITY EMPLOYEES,

UNLESS SUCH CLARIFICATION OR CHANGE IS PROVIDED TO THE BIDDERS IN A

WRITTEN ADDENDUM FROM THE PURCHASING MANAGER.

BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED

“QUESTION/CLARIFICATION FORM” TO FAX OR EMAIL QUESTION.

ANY REQUEST, AFTER A SOLICITATION HAS CLOSED AND PENDING

AWARD MUST ALSO BE SUBMITTED IN WRITING TO THE PURCHASING

DIVISION.

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QUESTION/CLARIFICATION FORM

Date:

To: Heather Biddle, Buyer

Email BidOpportunities@ColumbusGA.org

Re: Lease of Ice Rink Pro Shop (Annual Contract); RFP No. 24-0024

Questions and requests for clarification must be submitted at least five (5) business days before the due date:

From:

Company Name Website

Representative Email Address

Complete Address City State Zip

Telephone Number Fax Number mailto:BidOpportunities@ColumbusGA.org

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 8 of 36

COLUMBUS CONSOLIDATED GOVERNMENT

LEASE OF ICE RINK PRO SHOP

RFP No. 24-0024

The Columbus Consolidated Government (the City) seeks a qualified firm or individual to lease and operate the Ice Rink Pro Shop.

A. PROPOSAL SUBMITTAL DATE:

SEALED PROPOSALS ARE DUE: APRIL 5, 2024, NO LATER THAN 5:00 PM (Eastern). Submit one electronic response via DemandStar .

After award of Contract by Columbus City Council, awarded vendor will be notified to provide one (1) identical hard copy of submitted proposal with original signatures. The awarded vendor will receive a digital copy of the executed contract.

The City shall not be held liable for any expenses incurred by the respondent in preparing and submitting the proposal and/or attendance at any interviews, final contract negotiations or applicable site visits. The City reserves the right to award this project or to reject any and all proposals; whichever is in the best interest of the City.

B. RECEIPT OF PROPOSALS:

Unless otherwise stated in the technical specifications of the RFP, the City will accept one, and only one, proposal per Offeror. In the event a team of firms is entering into a joint venture to respond to the RFP, one firm shall be named the prime contractor and the proposal shall be submitted in the name of the prime contractor. All correspondence concerning the RFP will be between the City and prime contractor.

C. SUBCONTRACTING:

Should the offeror intend to subcontract all or any part of the work specified, names and address of subcontractors must be provided in proposal response. The offeror shall be responsible for subcontractors’ full compliance with the requirements of the RFP specifications. If awarded the contract, payments will only be made to the offerors submitting the proposal. The Columbus Consolidated Government will not be responsible for payments to subcontractors.

IF AWARDED THE CONTRACT, PAYMENTS WILL ONLY BE MADE TO THE OFFERORS

SUBMITTING THE PROPOSAL. THE COLUMBUS CONSOLIDATED GOVERNMENT WILL

NOT BE RESPONSIBLE FOR PAYMENTS TO SUBCONTRACTORS.

D. QUESTIONS ABOUT THE RFP:

Communication concerning any solicitation currently advertised must take place in writing and addressed to the Purchasing Division. See page titled “Do You Have Questions …” within this proposal package.

Questions and Requests for Clarification will be received until five business days prior to the proposal due date.

E. PUBLIC INFORMATION:

All information and materials submitted will become the property of the Columbus Consolidated Government, Columbus, Georgia; and shall be subject to the provisions of the Georgia public records law. If awarded the contract, the proposal submission, in its entirety, will be included as part of the contract documents and filed, RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 9 of 36 as public record, with the Clerk of Council.

F. ADDENDA:

The proposer shall include acknowledgment of receipt of addenda (if any) in their sealed proposal. The proposer should include an initialed copy of each addendum in the proposal package. It is the proposer’s responsibility to contact the City for copies of addenda if they receive the proposal document from any other source other than the City.

G. CONTRACT:

Each proposal is received with the understanding that an acceptance in writing by the City of the offer to furnish any or all of the services and materials described shall constitute a contract between the proposer and the City. This contract shall bind the proposers to furnish and deliver the services and materials quoted, at the prices stated and in accordance with the condition of said accepted proposal.

It is agreed that the successful respondent will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the City and any sureties.

H. NON-COLLUSION:

Proposer declares that the proposal is not made in connection with any other proposer submitting a proposal for the same commodity or commodities, and that the proposal is bona fide and is in all respects fair and without collusion or fraud.

I. INDEMNITY:

The successful respondent agrees, by entering into this contract, to defend, indemnify and hold City harmless from any and all causes of action or claims of damages arising out of or under this contract.

J. DISADVANTAGED BUSINESS ENTERPRISE CLAUSE:

Disadvantaged Business Enterprises (minority or women owned businesses) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, sexual orientation, gender identity or national origin in consideration for an award. It is the policy of the City that disadvantaged business enterprises and minority business enterprises have an opportunity to participate at all levels of contracting in the performance of City contracts to the extent practical and consistent with the efficient performance of the contract.

K. AFFIRMATIVE ACTION PROGRAM - NON-DISCRIMINATION CLAUSE:

The City has an Affirmative Action Program in connection with Equal Employment Opportunities. The successful vendor will comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, and will not discriminate between or among them by reason of race, color, age, religion, sex, sexual orientation, gender identity, national origin or physical handicap.

L. SPECIFICATION DESCRIPTIONS:

The specifications detailed herein represent the quality of equipment, goods or services required by the City.

Whenever in this invitation any particular process, service or equipment is indicated or specified by patent, proprietary or brand name of manufacturer/developer/inventor, such wording will be deemed to be used for the purpose of facilitating descriptions of the process, service or equipment desired by the City. It is not meant to eliminate offerors or restrict competition in any RFP process. Proposals that are equivalent or surpass stated specifications will be considered. Determination of equivalency shall rest solely with the City.

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M. TAXES:

The City is exempt from State Retail Tax and Federal Excise Tax. Tax Exemption No. GA Code Sec. 48-8-3.

Federal ID No. 58-1097948.

N. DRUG-FREE WORKPLACE:

Per Ordinance No. 93-55, in compliance with Federal and State Drug Free Workplace Acts, the Council of

Columbus, Georgia adopted a drug free Workplace Policy. Consequently, any vendor providing goods or services to Columbus Consolidated Government must comply with all applicable Federal and State Drug Free

Workplace Acts.

O. FEDERAL, STATE, LOCAL LAWS:

All respondents will comply with all Federal, State and Local laws, ordinances, rules and regulations relative to conducting business in Columbus, Georgia and performing the prescribed service. Ignorance on the part of the respondent shall not, in any way, relieve the respondent from responsibility for compliance with said laws and regulations or any of the provisions of these documents.

P. PROVISIONS OF THE PROCUREMENT ORDINANCE:

The provisions of the Procurement Ordinance for the Consolidated Government of Columbus, Georgia as adopted and amended by Council shall apply to all invitations to respond to Requests for Proposals and is specifically incorporated herein by this reference. The Procurement Ordinance is codified on Section 2-3.03 of the Columbus Code and can be accessed through the City’s website at https://library.municode.com/ga/columbus/codes/code_of_ordinances.

Q. INSURANCE:

All respondents shall maintain, and if requested, show proof of insurance applicable for services described in these specifications.

R. HOLD HARMLESS AGREEMENT:

The successful respondent hereby agrees to indemnify, hold free and harmless Columbus Consolidated

Government (The City), its agents, servants, employees, officers, directors and elected officials or any other person(s) against any loss or expense including attorney fees, by reason of any liability imposed by law upon the City, except in cases of the City’s sole negligence, sustained by any person(s) on account of bodily injury or property damage arising out of or in the consequence of this agreement.

S. TERMINATION OF CONTRACT:

1. Default: If the contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Purchasing Division Director may notify the contractor in writing of the delay or nonperformance and if not cured within ten (10) days or any longer time specified in writing by the Purchasing Division Director, such director may terminate the contractor’s right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform.

In the event of termination in whole or in part the Purchasing Division Director may procure similar supplies or services, from other sources, in a manner and upon terms deemed appropriate by the

Purchasing Division Director. The contractor will continue performance of the contract to the extent it is not terminated and will be liable for excess costs incurred in procuring similar goods or services.

https://library.municode.com/ga/columbus/codes/code_of_ordinances

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2. Compensation: Payment for completed supplies or services delivered and accepted by the City will be at the contract price. The City may withhold from amounts due the contractor such sums as the Purchasing Director deems to be necessary to protect the City against loss because of outstanding liens or claims of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services.

3. Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the contractor has notified the Purchasing Division Director within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of public enemy; acts of the City and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather, If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the contractor shall not be deemed to be in default, unless the supplies or services to be furnished by the subcontractor was reasonably obtainable from other sources in sufficient time to permit the contractor to meet the contract requirements.

Upon request of the contractor, the Purchasing Division Director shall ascertain the facts and extent of such failure, and, if such director determines that any failure to perform was occasioned by anyone or more of the excusable causes, and that, but for the excusable cause, the contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly.

T. TIME FOR CONSIDERATION:

Due to the evaluation process, proposals must remain in effect for at least 180 days after date of receipt.

U. CONTRACT AWARD:

Award of this contract will be made in the best interest of the City.

V. REQUEST FOR EVALUATION RESULTS:

Per the City’s Procurement Ordinance, evaluation results cannot be divulged until after the award of the contract. After contract award, proponents desiring to review documents relevant to the RFP evaluation results will be afforded an opportunity by appointment only.

W. GOVERNING LAW:

The parties agree that this Agreement shall be governed by the laws of Georgia, both as to interpretations and performance.

X. FINAL CONTRACT DOCUMENTS:

IT IS UNDERSTOOD THAT THE FINAL CONTRACT SHALL INCLUDE THE FOLLOWING: 1) THE RFP; 2) ADDENDA; 3)

AWARDED VENDORS(S) RESPONSE; 4) AWARDED VENDOR(S) CLARIFICATIONS; 5) NEGOTIATED COMPONENTS;

AND 6) AWARDED VENDOR(S) BUSINESS REQUIREMENTS.

Y. PAYMENT DEDUCTIONS:

The City reserves the right to deduct from payments to awarded vendor(s), any amount owed to the City for various fees, to include, but not limited to: False Alarm fees, Ambulance fees, Occupation License Fees, Landfill fees, etc.

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Z. PAYMENT TERMS:

THE CITY’S STANDARD PAYMENT TERM IS USUALLY NET 30 DAYS, AFTER SUCCESSFUL RECEIPT OF GOODS OR

SERVICES. PAYMENT MAY TAKE LONGER IF INVOICE IS NOT PROPERLY DOCUMENTED OR NOT EASILY

IDENTIFIABLE, GOODS/SERVICES ARE NOT ACCEPTABLE, OR INVOICE IS IN DISPUTE.

AA. RIGHT TO PROTEST:

(1) Right of Protest. Any actual or prospective bidder offeror, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Manager initially. All protests shall be filed in the manner prescribed herein. Protests that do not comply with the following rules shall be deemed invalid and of no effect.

(2) The protest must be in writing, executed by a company officer that is authorized to execute agreements on behalf of the bidder or offeror or provided by an authorized legal representative of the protestor.

(3) A protest with respect to an invitation for Bids or Request for Proposals shall be submitted in writing no less than five (5) business days prior to the opening of bids or the closing date of proposals or qualification statements.

(4) Stay of Procurement During Protests. If there is a timely protest submitted as described above, the

Purchasing Manager shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the City Council, Mayor, or City

Manager makes a determination on the record that the award of the contract without delay is necessary to protect substantial interests of the City.

NOTICE TO VENDORS

Sec. 2-3.05. - Submitting bids to Consolidated Government, etc.—By mayor or councilmembers.

Neither the mayor nor any member of the Columbus Council shall submit any bid to the consolidated government, nor shall the mayor or any member of the Columbus Council own or have a substantial pecuniary interest in any business that submits a bid to the consolidated government. (Ord. No. 92-60, 6-23-92)

Sec. 2-3.06. - Same—By members of boards, authorities, commissions.

No member of any board or authority or commission or other independent or subordinate entity of the consolidated government shall submit any bid to the consolidated government or have a substantial pecuniary interest in any business that submits a bid to the consolidated government if such bid pertains to the board or authority or commission on which such person holds such membership. (Ord. No. 92-61, 6-23-92)

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GENERAL SPECIFICATIONS

LEASE OF ICE RINK PRO SHOP

I. SCOPE

The Columbus Consolidated Government seeks a qualified firm or individual to lease and operate the

Pro Shop, which is located in the ice skating facility of the Columbus Civic Center.

Detailed specifications begin on page 18.

II. TERM OF CONTRACT

A. The term of this contract will be for one (1) year, with an option to renew for two (2) additional twelve-month periods. Contract renewal will be contingent upon the mutual agreement of the City and the

Contractor(s).

Notice of intent to renew will be given to the contractor in writing by the City Purchasing Manager, normally sixty days before the expiration date of the current contract. This notice shall not be deemed to commit the City to a contract renewal.

It should be noted that multi-year contracts may be continued each fiscal year only after funding appropriations and program approval have been granted by the Council of the Consolidated Government of

Columbus, Georgia. In the event that the necessary funding is not approved, then the affected multi-year contract becomes null and void, effective July 1st of the fiscal year for which such approvals have been denied.

B. Termination for Convenience

For the protection of both parties, either party giving Thirty (30) days prior notice in writing to the other party may cancel this contract.

III. ERRORS AND OMMISSIONS

If, due to an error or omission in the scope of work, a particular requirement is not specifically included but is necessary to provide the City with required services, then said requirement is considered to be included in the scope of work just as if it had been listed in detail herein.

IV. INDEMNITY CLAUSE

The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the “City”) from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents.

V. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

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Pursuant to O.C.G.A. § 13-10-91, a public employer shall not enter into a contract for the performance of services unless the contractor registers and participates in the federal work authorization program. If a supplier is providing services under a contract with a total compensation amount of $2,500 or greater, (even if such services will be performed outside of the State of Georgia), Columbus Consolidated Government requires a notarized affidavit from the supplier attesting to the following:

(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program;

(B) The user identification number and date of authorization for the affiant;

(C) The affiant will continue to use the federal work authorization program throughout the contract period;

and

(D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph.

Additional information regarding the State’s E-Verify requirements can be found at:

https://www.audits2.ga.gov/wp-content/uploads/2021/10/13-10-91.pdf. A completed, notarized E-

Verify Affidavit must be included with sealed proposal; failure to do so will render the firm’s or individual’s proposal non-responsive and ineligible for award consideration.

VI. INSURANCE

The vendors shall be required, at their own expense, to furnish to the City of Columbus Purchasing Division, evidence showing the insurance coverage to be in force throughout the term of the contract. Insurance requirements are listed on the attached Insurance Checklist. The limits shown are minimum limits.

Vendor shall indicate the actual limit they will provide for each insurance requirement. The bidder shall complete the Insurance Checklist and include with bid response. Certificate of Insurance is acceptable. The Insurance Checklist will indicate to the City, the bidder’s ability and agreement to provide the required insurance, in the event of contract award.

The successful candidate shall provide the required Certificates of Insurance within 10 business days after award notification. The Certificates of Insurance will name Columbus Consolidated Government as an additional insured, as well as, list the applicable project or annual contract name, and/or solicitation name and number. The Certificate of Insurance will be included with the contract documents prior to signing.

VII. PROPOSAL PREPERATION AND SUBMISSION

See Appendix A for information and instructions on how to register and submit proposals through

DemandStar.

Firms should submit proposals that address each of the sections specified below. With the exception of the E-Verify Affidavit (Form 1), the form titled “Communication Concerning This Solicitation” (Form

2), the Conflict of Interest Affidavit (Form 3), and the proposed cost, fees, rates, revenue, etc.., the City reserves the right to request any omitted information. Firms shall be notified, in writing, and shall have two (2) days after notification to submit the omitted information. If the omitted information is not received within two (2) days, the firm shall be deemed non-responsive, and the proposal will not receive further consideration.

https://www.audits2.ga.gov/wp-content/uploads/2021/10/13-10-91.pdf

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Submit the information in the order listed below; include a header for each item, e.g., Section 1, Item A, Section 1, Item B, etc.

Section 1: Transmittal Letter

The transmittal letter shall:

Introduce the business and include the name and email address(es) of contact person(s) during this proposal process.

A. List the complete address, telephone number and fax number for the corporate office as well as for the office/branch that will administer the contract.

B. Include a statement to the effect that the proposal is binding for at least 180 days from the proposal date. An authorized agent of the business must sign the transmittal letter.

Section 2: Affidavit for E-Verify/Georgia Security and Immigration Compliance Act (Form 1)

A properly completed, notarized E-Verify Affidavit must be included with sealed proposal; failure to do so will render the firm’s proposal non-responsive and ineligible for further consideration. To access your E-Verify Company Identification Number, see https://e-verify.uscis.gov/emp/vislogin.aspx?JS=YES.

Section 3: Communication Concerning This Solicitation (Form 2)

Complete the form titled Communication Concerning This Solicitation.

Section 4: Conflict of Interest Affidavit (Form 3)

Form 3 must be signed and returned with the vendor’s proposal. Failure to include the form will automatically render vendor’s response non-responsive.

Section 5: Federal Compliance (Form 4)

In the event purchases from this contract are Federally funded, vendors are required to complete

Form 3 – Federal Compliance.

Section 6: Addenda Acknowledgement (Form 5)

Use indicated form to acknowledge receipt for all addenda (if any). Addenda will be posted at:

https://www.columbusga.gov/finance-2/bid-opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda, before the due date and before submitting a proposal.

Section 7: Exceptions to the RFP

A. List ANY AND ALL exceptions to the RFP specifications in this section of proposal submission. Exceptions listed in other areas of the vendor’s submission will not be considered.

All exceptions will be vetted during the RFP process, and if found unacceptable, the vendor’s proposal will be rejected and no longer considered for award. Exceptions shall be considered by the Evaluation Committee. The vendor’s proposal may not receive further consideration if exceptions are not acceptable and/or cannot be clarified to the Committee’s satisfaction.

Vendor’s shall be notified in writing if exceptions are not acceptable. PLEASE NOTE:

EXCEPTIONS TO THE RFP GENERAL PROVISIONS WILL NOT BE

CONSIDERED, AND IF SUBMITTED WILL AUTOMATICALLY RENDER THE

RESPONSE NON-RESPONSIVE.

B. VENDOR AGREEMENT/CONTRACT FORM: Exceptions also include the terms of any contract or other agreements which the vendor or any subcontractors will require to be executed by the City.

C. If there are no exceptions, vendor must include a statement for this Section stating the following: No Exceptions.

https://e-verify.uscis.gov/emp/vislogin.aspx?JS=YES https://e-verify.uscis.gov/emp/vislogin.aspx?JS=YES

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 16 of 36

Section 8: Qualifications and Experience

a. Address in detail the firm’s ability and experience in the provision of similar services.

b. Provide resumes of key personnel who will be assigned to the contract, including photocopies of all licenses and/or certifications.

c. Provide contact person who will be directly responsible for this contract and direct telephone number.

Section 9: Business Plan

Provide a detailed description of the business plan, to include the following:

a. Provide resumes of staff that will operate the Pro Shop.

b. Detailed listing and prices of items to be offered in the Pro Shop.

c. Provide a timeline of when the business will be ready to occupy the space and begin operation.

Section 10: Client Work History

Complete (Form 6); provide at least three (3) clients for which similar services have been provided within the last four (4) years. Include entity name, contact name, address, e-mail address, phone number, fax number and date of work completion.

*In rating proposals, the Evaluation Committee reserves the right to include the company’s performance on previous and current contracts for Columbus Consolidated Government (if any).

Section 11: Lease Proposal

Provide a lease proposal that states the lease payment that will be made to the Columbus

Consolidated Government as a flat annual rent paid in twelve monthly installments.

Section 12: Contract Signature Page (Form 7)

City officials will sign the copies after Columbus Council approves the contract award with the successful firm (see note below). Per the General Provisions, page 11, Item X, the final contract document shall include the following: 1) The RFP; 2) Addenda; 3) Awarded Vendor(s) response;

4) Awarded Vendor(s) clarifications; 5) Negotiated components; and 6) Awarded Vendor(s)

Business Requirements.

Please note: After award of contract by Columbus Council, awarded vendor will be notified to provide one (1) hard copy of submitted proposal with original signatures.

Section 13: Business Requirements

1. Provide Insurance Checklist (Form 8) or Certificate of Insurance

2. Page 1 of form W-9 (https://www.irs.gov/pub/irs-pdf/fw9.pdf)

3. Provide a current copy of the Business License (Occupation License) that is required to conduct business at your location.

If awarded the contract, the successful vendor must obtain a business license from the

City of Columbus. However, if the business is located in Georgia and has proof of being properly licensed by a municipality in Georgia, and paid applicable occupation taxes in that city, the contractor will not be required to pay occupation taxes in Columbus, https://www.irs.gov/pub/irs-pdf/fw9.pdf

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 17 of 36

Georgia.

If you have questions regarding this requirement, please contact the Revenue Division at

706-225-3780.

VIII. EVALUATION OF PROPOSALS

Each submittal will be evaluated to determine the ability of each offeror to provide the required services.

The following weighted criteria will be used to evaluate proposals:

Criteria Weight

A. Qualifications & Experience 35%

B. Business Plan 45%

C. Client Work History 5%

D. Lease Proposal (subject to negotiations) 15%

Total 100%

Acceptable performance on previous contracts with Columbus

Consolidated Government for similar services.

+5

No previous contracts with Columbus Consolidated Government for similar services.

Unacceptable performance on previous contracts with Columbus

Consolidated Government for similar services.

-5

Each of the above criteria (A - D) will be given a rating by each member of the Evaluation Committee. The ratings are as follows:

Description Value

Poor = Is not qualified. 20 Points

Marginal = Is minimally qualified but one or more area is lacking in some essential aspect. 40 Points

Adequate = Is qualified and is generally capable of achieving the objectives of this RFP. 60 Points

Good = Is more than qualified and exceeds in some areas. 80 Points

Excellent = Is fully qualified and exceeds in several or more areas. 100 Points

After the review and rating of proposal(s) by the evaluation committee, individual scores will be averaged and ranked. Proponents will be ranked in descending order of numerical predominance.

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 18 of 36

DETAILED SPECIFICATIONS

LEASE OF ICE RINK PRO SHOP

The Columbus Consolidated Government (the City) seeks a qualified firm or individual to lease and operate the Ice Rink Pro Shop.

II. INTRODUCTION

The Columbus Consolidated Government Ice Rink is a 35,680 square-foot facility. It is located adjacent to the Columbus Civic Center, which also houses an ice rink, at 400 4th Street (also known as Victory Drive

& US 280), Columbus, Georgia 31901. The Pro Shop has been in operation since May 1, 2014, and occupies approximately 544 square-feet in the facility.

The rink is designed to provide a sheet of ice year-round for ice-related activities, such as adult/youth hockey, figure skating and small functions such as meetings, proms and related events.

III. CONTRACTOR REQUIREMENTS

A. The firm or individual selected must have experience in ice skating and be able to show a successful track record in this field.

B. The Pro Shop operation must include the following:

1. Skate sharpening services for the public.

2. Maintain all facility rental skates (approximately 515 skates), to include skate sharpening.

3. Merchandise to meet the requirements of all programmable sports in the facility.

4. Skating merchandise of interest to the public customers of the Ice Rink.

C. The Contractor shall provide staffing for the Pro Shop and shall be responsible for having competent, courteous personnel to serve the Pro Shop customers.

D. Merchandise pricing must be comparable to pricing at similar operations within a 200-mile radius of Columbus, Georgia.

E. Contractor must state the lease payment, which they will make to the Columbus Consolidated

Government, as a flat annual rent paid in twelve monthly installments.

F. The contractor shall provide its own fixtures (telephone and service, internet service, registers, etc.) at the Contractor's expense.

G. The Contractor shall have exclusive right to conduct and operate as an independent contractor and not as an employee or agent of the City.

H. Contractor shall procure at its sole expense such Permits and Licenses as may be required to conduct its business.

I. The Contractor shall pay at its sole expense for all charges, fees and taxes, as may be required.

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 19 of 36

J. The Contractor shall provide at its sole expense all equipment, supplies, materials, merchandise, transportation and labor necessary for the satisfactory operation of the Contractor’s business.

K. The Contractor is responsible for all maintenance, cleanliness and upkeep of the Pro Shop space.

However, the Contractor shall not make any material changes to the space without prior approval of the City.

L. The Contractor represents and warrants that no officer; employee or agent of the City is directly or indirectly involved in the Contractor’s business or has any financial interest in the Contractor's business.

M. The Contractor agrees to indemnify the City from, and to assume all liability for, the payment of taxes or assessments of any kind whatever that by law shall or may be levied on the premises occupied by the Contractor or arising out of the operation of the Contractor’s business or by reason of Contractor’s occupancy of the building.

N. This agreement and the space herein authorized shall not be assigned, transferred, sub-contracted or otherwise disposed of without the written approval of the City.

O. It is understood and agreed that nothing herein contained is intended or shall be construed to in any way create or establish the relationship of co-partners between the parties hereto, or as constituting Contractor the general representative or agent of the City for any purpose whatsoever.

IV. HOURS OF OPERATION

The hours of operation for the Ice Rink are:

➢ Monday through Friday: 5:00 PM – 10:00 PM

➢ Saturday through Sunday: 9:00 AM – 2:00 PM

The preferred hours for the Pro Shop to be staffed and open for business are as follows:

• Monday – Thursday, 4:00 PM – 10:00 PM

• Friday, 5:00 PM – 10:00 PM

• Saturday & Sunday, 9:00 AM – 2:00 PM

The Civic Center Director can direct the Pro Shop to be opened for additional hours for any special events pertaining to the rink.

V. LEASE PAYMENTS

Lease payments will be made by the 10th of each month to the following:

Payable to: Columbus Consolidated Government

Delivered to: Columbus Civic Center

Attn: Director

400 4th Street

Columbus, GA 31901

VI. ADDITIONAL CONTRACT REQUIREMENTS

A. In the event of a total destruction of the Building or damage to or destruction of a portion thereof so substantial that the remainder is not economically operable for the purpose herein

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 20 of 36 contemplated, by fire, windstorm, or other hazard, operation of the premises shall be suspended until the portions thereof so destroyed or damaged are rebuilt, repaired or replaced. It is understood and agreed by the parties hereto that the City is under no obligation to rebuild, repair or replace the Building in such event. However, in the event the City elects not to rebuild, repair or replace, the Contractor may terminate this Agreement. In the event such damage or destruction is less substantial so that the remainder of the premises is economically operable, operation shall continue to the extent practical while restoration is under way.

B. The City shall not be liable for any loss or damage suffered by the Contractor arising out of the interruption or cessation of this Agreement or for any loss suffered by the Contractor in the performance of its obligations under this Agreement, resulting from any strike or other work stoppage, breakdown or failure of apparatus, equipment, machinery employed in the operation of the building, any temporary stoppage for repairing, improvement or replacement thereof, any order or act of any official or agency of local, state or federal government, or any act or condition beyond its control. However, in the event the Contractor is forced to suspend operations hereunder for a period of six months or longer due to a declared national emergency or declaration of war or any act of the City, then this Agreement shall ipso factor terminate.

C. The City shall have the right to terminate and rescind this contract in its entirety or in part, at the option of the City, immediately upon the happening of any of the following events:

1. Filing by Contractor of a Voluntary Petition in Bankruptcy.

2. The commission by the Contractor of any acts which constitutes an act of bankruptcy.

3. The occurrence of any act which operates to deprive the Contractor of the rights, powers and privileges necessary for the proper conduct and operation of the business described in this Agreement.

4. The abandonment or discontinuance of the operation of the Building described in this

Agreement.

5. The failure of the Contractor to correct, within ten (10) days from the date he/she receives notice from the City, any alleged breach or default by Contractor of any of the terms, covenants, and conditions hereunder.

6. The falsification by Contractor of its application, proposal, or any reports or documents received to be kept or submitted under this Agreement.

7. The indictment of Contractor or its Executive Officers for a felony.

8. Misrepresentations of products or services for sale, or unfair sales practices.

9. Discrimination against any employee or other person on account of race, color, age, religion, sex, sexual orientation, gender identity, national origin or physical handicap.

10. It is further agreed that if the Contractor shall become insolvent, make any assignment for the benefit of creditors or otherwise commit any act of bankruptcy, or file a voluntary

Petition in Bankruptcy, or if any final judgment shall be entered against Contractor and remain unsatisfied for thirty (30) days, or an Involuntary Petition in Bankruptcy be filed against the Contractor, or make any attempt to delegate duties without the prior written consent of the City, all commission reserved to the full term of this Agreement shall become due and collectable immediately by distraint or otherwise and the real property occupied, shall be immediately surrendered to the City.

RFP No. 24-0024 Lease of Ice Rink Pro Shop Page 21 of 36

FORM 1

CONTRACTOR AFFIDAVIT

E-VERIFY / GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Columbus Consolidated Government has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Company ID Number (numerical, 4-7 digits, not EIN) Date of Authorization

**See https://e-verify.uscis.gov/emp/vislogin.aspx?JS=YES to access your E-Verify Company

Identification Number.

Name of Contractor

Lease of Ice Rink Pro Shop (Annual Contract); RFP No. 24-0024

Name of Project

Columbus Consolidated Government

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , ___, 20 __ in (city), ______ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

Subscribed and sworn before me on this the day of , 20 .

NOTARY PUBLIC

My Commission Expires:

A properly completed, notarized E-Verify…