1. sports
2. golf

Project Manual
RFP-PR-14-02
Parks & Recreation
Palm Harbor Golf Club Management, Operations and Maintenance Services
Due Date/Time: June 20, 2014 at 2:00pm
Please be advised that if you download the following Request for Proposals we ask that you complete the online
Plan Holders form.
Vendors are responsible for determining whether any addenda have been issued. All addenda will be
posted on the City’s website: palmcoastgov.com/government/purchasing.
The acknowledgement page of all addenda must be submitted with the Proposal. Please see the “Required
Submittals Packet”, which is posted on the City’s website under this solicitation, for instructions.
Confidential Materials: Any materials that qualify as “trade secrets” shall be segregated and clearly labeled in
order not to be considered Public Record.
If you have any questions, please contact Brian Rothwell or David Klages at 386-986-3730.
City of Palm Coast
Purchasing & Contracts Management Division
160 Cypress Point Parkway, Suite B-106, Palm Coast, FL 32164
palmcoastgov.com/government/purchasing
Submit Proposal To:
City of Palm Coast
Purchasing & Contracts Management Division
160 Cypress Point Parkway, Suite B-106
Palm Coast, FL 32164
Contact:
Brian Rothwell
Purchasing Manager
386-986-3731 – Phone
386-986-3724 – Fax
[email protected]
REQUEST FOR PROPOSALS
and
Proposer Acknowledgment
RFP-PR-14-02
Palm harbor Golf Club Management,
Operations and Maintenance Services
RFP Due Date: June 20, 2014
RFP Due Time: 2:00pm
Location of Public Opening:
City of Palm Coast
Purchasing & Contracts Management Division
160 Cypress Point Parkway, Suite B-106
Palm Coast, FL 32164
Bidder’s Name:
Federal Employer ID Number or SS Number:
Business Address:
If returning as “No Submittal”, please return only
this page and state why:
Pre-Bid Date: N/A
Pre-Bid Time: N/A
City:
State:
Zip:
Type of Entity: (Circle one)
Corporation
Partnership
Proprietorship Joint Venture
Incorporated in the State of:
Telephone Number:
Toll Free Telephone Number:
Fax Number:
E-mail:
LLC
Other
Name (printed):
Title:
Date:
X
Authorized Signature
The Applicant is expected to completely analyze the information contained in this Request for Proposal as
guidance for the preparation of the submittal. The Applicant’s submittal shall be sufficiently specific, detailed
and complete to clearly and fully demonstrate the Applicant’s understanding of the proposed work
requirements. The Applicant agrees and understands that, if awarded, all portions of the submitted proposal
shall become an integral part of the agreement and contract with the City of Palm Coast, Florida.
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
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RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Section 1 –
General Description of Services
The City of Palm Coast, Florida (City) is seeking proposals from qualified firms (Vendor) to provide management,
operations and maintenance services for the Palm Harbor Golf Club. The City is interested in pursuing a management
contract or lease agreement for the management, operation, and maintenance of the Palm Harbor Golf Club.
A Golf Course Information:
The Palm Harbor Gold Club is located 2.5 miles east of Interstate-I95/Palm Coast Parkway interchange.
Access to the course is provided via Palm Harbor Drive, which intersects with Palm Coast Parkway.
Originally opened in 1973, the Palm Harbor course was designed by Bill Amick which included one
regulation 18-hole 6,570 yard par 72 golf course, a driving range, pro shop, maintenance facility, cart barn
and full service clubhouse. The Palm Harbor Golf Club was purchased in August 2005, along with
Harborside Inn and Palm Harbor Marina by Centex Destination Properties. Centex demolished the
clubhouse and engaged Nicklaus Design (Jack Nicklaus) to redesign the Palm Harbor course with a reopening of 2008 however due to the real estate market Centex halted the project. In January 2008 the City
acquired the Golf Club property with the exception of 16.5 +/- acres to be developed in the future for
condominiums however part of this acreage is the driving range which the City has a lease agreement for the
use of this area as a driving range until development occurs. The golf course has been redesigned by Golf
Course Architect, Clifton, Ezell & Clifton Golf Design Group with a design and construction budget of
$4,500,000.00. The renovation included the engineering and design to correct drainage issues, replacement
of the irrigation system, reconstruction of all tees and greens, additions/deletions or modification of all
bunkers, pond creation including an irrigation pond, removal of trees, driving range tee area with range
features, replacement of cart paths, grassing the entire course, and a temporary clubhouse (a date for a
permanent clubhouse has not been determined at this time and is dependent upon the profitability of the golf
course). Total Acreage – 150.6 acres
 Practice & Putting Greens – 9,100 square feet and 5,370 square feet.
 Driving Range – Approximately 1 acre tee box and 5 acres of range.
 Course – 18 hole, 6,490 yard par 72 (85+/- acres of playable golf course area).
NGF Consulting completed an Acquisition Feasibility Analysis for Palm Harbor Golf Club in May 2007.
Below are projected rounds of golf per assumed green fee/Activity Assumption of the analysis report:
With Driving Range*
Without Driving Range
Year 1: 34,000
Year 1: 32,000
Year 2: 40,000
Year 2: 36,000
Year 3: 42,000
Year 3: 38,000
Year 4: 43,000
Year 4: 39,000
Year 5: 44,000
Year 5: 40,000
*The City has a lease agreement, renewable on an annual basis, for use of the driving range area however
there is a clause that either party has the option to terminate the lease agreement with a 60-day
notification. The City is responsible to pay the annual lease rate of $10.00 per year; the Golf Course
Management, Operations & Maintenance Services vendor is responsible for maintenance of the 16.5+/acres while the lease is in effect. (The lease agreement has been attached as Exhibit ‘A’ )
B Objectives:
The City of Palm Coast is seeking to have the renovated Palm Harbor Golf Club operated in a professional
manner to achieve the following business goals:
 The primary objective of the renovated course is to provide the residents of Palm Coast and the general
public the best possible experience for an affordable price.
 Offer professional, friendly customer service. The City desires all customers to experience a
professional welcoming manner that conveys respect, courtesy and a genuine desire to please the
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customer. The City desires that all who shall visit the Palm Harbor Golf Club to recommend it to their
friends and look forward to playing the course over and over again.
Coordinated effort to accommodate all clubhouse operations. The City desires all those wishing to use
the course for group outings, charity events, tournaments, etc. will be served by a professional staff able
to coordinate pro shop, food and beverage, driving range and cart rental services.
Increase the number of 18-hole equivalent rounds to 40,000 per year by year 4 of the agreement.
Quality food, merchandise, and lessons. The City desires to have the food and beverage service exceed
the minimum standards set by the State of Florida. The City desires to have all merchandise, apparel,
and repair work provided in the pro shop to be of high quality and within the typical realm of a golf
shop. The City desires to have private, group, and recreational class golf lessons provided and have a
certified golf professional available for instruction.
C Summary of Request for Proposal Information:
The Proposer that is selected to enter into a management contract agreement with the City will be expected
to manage the Club and all of its operations consistent with modern management trends in the golf industry.
The City desires to offer the public challenging playing conditions, meticulously manicured greens,
fairways, and tees, and all other golf services that may be sought by the Club’s patrons. It is up to each
Proposer to fully describe their approach to the specific issues outlined in this RFP. The City of Palm Coast
is requesting the submission of written proposals, with detailed information, by the company or individuals
(vendor) for management, operations and maintenance for the Palm Harbor Golf Club including the
clubhouse, driving range and course, to provide the following:
 A golf course general manager to provide comprehensive management of all golf course, driving range,
clubhouse and maintenance facility operations.
 A golf course superintendent to provide professional golf course and grounds maintenance.
 A description of proposed maintenance staff, to include the number of employees, job titles and
minimum qualifications for each employee, including certifications required.
 A description of the annual course maintenance program, to include chemical programs; i.e., herbicide,
pesticide, fertilization, etc.
 A detailed description of the turf maintenance equipment to be provided and used on the golf course
along with proposed equipment replacement schedule.
 A detailed description of the proposed capital improvements program to insure Palm Harbor Golf Club
continues to improve in quality during each year of the contract.
 A detailed description of the proposed maintenance program of the temporary clubhouse, existing
maintenance building & cart house buildings and fuel tanks, pump house, restroom building,
computerized irrigation system, cart paths, course lakes, ditches and natural areas.
 A detailed description of all clubhouse services to be provided; i.e., concession sales, merchandise sales,
tournament schedules, golf lesson programs. (The vendor must acquire proper licensing and adhere to
all state requirements for alcohol sales and consumption)
 A detailed staffing plan for the clubhouse operation including number and classification of employees,
operation hours, and sample staff schedule.
 A detailed description of golf cart program indicating golf cart types, quantities and maintenance and
replacement schedule.
 A detailed description of the tee time policy and ride/walk policy. The City expects to have some sort of
timeframe(s) when walkers would be allowed.
 A driving range operational plan.
 Detailed information on all proposed individual or group teaching programs for adults and youth
including but not limited to First Tee participation, and tournaments. In addition the vendor shall
propose options to expand youth golf opportunities.
 Detailed information on all proposed course policies; i.e., USGA and course rules.
 A summary of proposed fees and charges by year for green fees, cart rentals, driving range fees,
tournament fees, etc.
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
o High School Golf Teams - There are 2 public high schools with 2 teams each (boys & girls) with a
total of 10 players per team for a total of 40 players.
 Driving Range: The vendor shall offer use of driving range and supply all balls at no cost on a
weekly basis for a 2-hour time period for each high school golf team at a time to be coordinated
with each respective Golf Coach. (Golf Coach must be present).
 Golf Course - Practice: The vendor shall offer use of golf course and carts at no cost, on a
weekly basis during the year on a weekday and 3 times a week on a weekday during the golf
team regular season of August through November, for each of the golf team members. The only
carts to be provided for the high school are for the golf coaches; players do not use golf carts and
are required to walk.
 Golf Course – Matches: The proposer shall offer the use of the course at no cost for golf team
matches for each high school golf team and for 4 regional/district or other post-season matches.
Costs, specific dates and times to be coordinated with each respective golf coach. The only carts
to be provided for the high school are for the golf coaches; players do not use golf carts and are
required to walk.
o City Sponsored Tournaments: The vendor shall coordinate the detail of each specific event with the
City of Palm Coast:
 Annual City of Palm Coast Youth Golf Tournament: The vendor shall offer use of golf course
for this tournament at a drastically reduced cost for each participant.
 Annual City of Palm Coast Men’s Golf Tournament: The vendor shall offer use of golf course
for this tournament at a drastically reduced cost for each participant.
 Annual City of Palm Coast Women’s Golf Tournament: The vendor shall offer use of golf
course for this tournament at a drastically reduced cost for each participant.
Detailed marketing plan that describes what your organization will do to advertise, increase rounds and
generate interest in the golf club. The plan should identify target markets, establish goals and objectives
for increasing the use of the driving range, golfing instruction, increasing sales in the pro shop, bar and
grill, and increasing the number of rounds of golf. Proposers should identify what media will be used to
disseminate information about the Club’s services. Performance indicators must be included in the
marketing plan so the City can judge the performance of the Proposer in achieving the stated goals each
year of the plan.
D Clarification Items:
 The maintenance area has existing above ground fuel storage tanks for use by the vendor consisting of a
1,000 gallon gasoline tank installed in 1992; 550 gallon diesel tank installed in 1992; and a waste fuel
tank. All 3 tanks are exterior above ground tanks located in a concrete containment area. The vendor is
responsible for the maintenance, reporting and inspections as required complying with State of Florida
Requirements.
 The vendor must provide a security system(s).
 The vendor is responsible for all custodial services for all structures at the Palm Harbor Golf Club.
o The vendor is required to print and furnish score cards.
o The vendor is responsible for providing credit card services.
o The vendor is responsible for all maintenance supplies for all structures at the Palm Harbor Golf
Club.
o The vendor is responsible for selecting, purchasing and pricing all goods for resale.
o The vendor shall provide and set fees for pull carts.
o The clubhouse will be provided with telephone, cable, electric and water/wastewater services; the
maintenance structure will be provided with the same services except cable. The vendor shall be
responsible for transferring utilities to the vendor and shall pay all associated costs of such services.
o The vendor shall be responsible for all costs associated with disposal of all items, in a manner
consistent with state and local requirements, including but not limited to landscaping debris,
chemicals, and trash.
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RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
EXHIBIT A
Inst No. 2007050031 10/09/2007
04:24PM Book: 1619 Page: 704 Total Pgs: 16
GAIL WADSWORTH, FLAGLER Co,
Prepared by:
Lonnie N. Groot
City Attorney
City Hall
2 Commerce Boulevard
Palm Coast, Florida 32164
Return to:
Clare Hoeni
City Clerk
City Hall
2 Commerce Boulevard
Palm Coast, Florida 32164
CENTEX HOMES/CITY OF PALM COAST L E A S E AGREEMENT
THIS L E A S E AGREEMENT, hereinafter this "Lease", is entered into this
y ^ a v of October, 2007, by and between Centex Homes, a Nevada general partnership,
d/b/a Centex Destination Properties, whose address is 1064 Greenwood Blvd., Suite 200,
Lake Mary, Florida 32746, hereinafter "Lessor", and The City of Palm Coast, whose
address is City Hall, 2 Commerce Boulevard, Palm Coast, Florida 32164, a municipality of
the State of Florida, hereinafter "Lessee".
miHESSETH:
SECTION 1. PREMISES:
In consideration of the rents, covenants and
agreements hereinafter provided and contained, the Lessor demises and leases to the
Lessee and the Lessee leases from the Lessor the property described in Exhibit A to this
Lease, hereinafter the "Premises".
SECTION 2. TERM: The term of this Lease shall begin from the execution by both
parties and continue for One (1) year from the Rent Commencement Date (hereinafter
defined), unless sooner terminated or extended as may be hereinafter provided. The
Lessee shall have the option to extend this Lease from year-to-year upon the same terms
and conditions as contained herein. The options shall be deemed autbrhaticaily exercised
by the Lessee unless the Lessee notifies the Lessor Ninety (90) days prior to the end of a
term that it does not desire to exercise an option. Notwithstanding anything to the
contrary contained herein: (i) the Lessor shall have the right, during the initial term of this
lease and any extension thereof, to terminate this Lease by providing the Lessee with
prior written notice of such termination, which notice shall specify the termination date and
shall be delivered to the Lessee no less than Sixty (60) days prior to the termination date
so specified in the notice; and (ii) if Lessee has not acquired, through donation by the
Lessor, title to the Additional Property (hereinafter defined), on or before February 1,
2008, either party shall have the right to terminate this Lease by providing the other party
with prior written notice of such temiination, which notice shall specify the termination date
and shall be delivered to the other party no less than Five (5) days prior to the temiination
date so specified in the notice.
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SECTION 3. RENT: The Lessee agrees to pay to the Lessor at the office of the
Lessor above set forth, or at such other place as may be further designated by the Lessor,
without any prior demand therefore and without deduction or setoff whatsoever, the
following monthly rent: Ten Dollars and Zero ($10.00) per month plus applicable sales tax.
The Lessee shall pay a late charge of five (5%) percent of any payment not received
within five (5) days of its due date. The "Rent Commencement Date" shall be the date, if
any, on which the Lessee acquires, through donation by the Lessor, title to the Additional
Property.
SECTION 4. U S E : From and after the Rent Commencement Date, the Lessee
may use the Premises for the purpose of operating a golf driving range and associated
and related uses and for no other purpose. Prior to the Commencement Date, the Lessee
may not utilize the Premises for any purpose.
SECTION 5. MAINTENANCE AND UTILITIES; The Lessor has no obligation to
provide utilities or any other services to the Lessee or the Premises. The Lessee shall be
responsible for the maintenance of the Premises and all utilities relating to the Premises.
In addition, at the Lessor's request, the Lessee shall maintain the property adjacent to the
Premises, described in Exhibit B to this Lease, hereinafter the "Additional Property".
Notwithstanding the fact that the Lessee is maintaining the Additional Property, the
Lessee shall have no right to utilize the Additional Property for any other purpose. As
used herein, the terms maintain and maintenance shall include, without limitation, mowing,
weed control, the removal and disposal of fallen trees, branches and fronds, and the
removal and disposal of trash and debris.
SECTION 6. GOVERNMENTAL REGULATIONS: The Lessee shall comply with
all statutes, ordinances, rules, regulations and requirements of the Federal, State and
municipal governments. In furtherance and not in limitation of the foregoing, the Lessee
shall pay and discharge prior to delinquency any and all taxes levied against any interest
of the Lessee in the Premises and/or the personal property of the Lessee thereon.
SECTION 7. A C C E S S AND INSPECTION: The Lessor, and/or any of its
designees, shall have the right to enter the Premises dui-ing^ all reasbnablie hours (except
in the event of an emergency, in which case the Lessor and/or any of its designees may
enter the Premises at any time), to examine the same.
SECTION 8. CONDITION OF PREMISES: The Lessee covenants that it has
examined the Premises and has satisfied itself as to the physical condition thereof. The
Lessee acknowledges that the Lessor has not made any representation or warranty as to
the present or future suitability of the Premises for the conduct of Lessee's business. The
Lessee hereby accepts the Premises in the condition it is in on the Rent Commencement
Date and agrees to maintain said Premises in the same condition, order and repair as it
was on the Rent Commencement Date, excepting only reasonable wear and tear arising
from the use thereof under this Lease, and to make good to the Lessor, immediately upon
demand, any damage caused by any act or neglect of the Lessee, of any person or
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persons in the employ or under the supervision or control of the Lessee or by any invitee
of the Lessee. The Lessee covenants to abide by all current and future laws, ordinances
and regulations governing and regulating the use of the Premises. The provisions of this
Section shall survive the expiration or earlier termination of this Lease.
SECTION 9. ALTERATIONS AND ADDITIONS: The Premises shall not be
improved or altered in any manner without the prior written consent of the Lessor, which
consent the Lessor may grant or withhold in the Lessor's sole and absolute discretion.
SECTION 10. LIABILITY AND INSURANCE: The Lessee covenants and agrees
that it will, at all times, and at its sole expense, include the Premises in the Lessee's self
insurance and other insurance programs. The Lessee, at its own cost and expense, shall
also maintain or cause to be maintained commercial general liability insurance and
automobile liability with respect to the Premises and all businesses operated thereon by
Lessee with a combined single limit of TWO MILLION DOLLARS ($2,000,000) and
othenwise in fomi and content reasonably acceptable to the Lessor. The Lessee shall
furnish Lessor with certificates of insurance required by this Section prior to the Rent
Commencement Date. The Lessee shall indemnify, defend, and hold harmless the Lessor
and its affiliates, partners, directors, officers, agents, and employees from and against any
and all actions, causes of action, obligations, costs, damages, losses, claims, liabilities
and demands of any nature whatsoever, including, without limitation, reasonable
attorneys' fees arising from, or in any manner connected to (i) the use, occupancy and/or
possession of the Premises by the Lessee, any person or persons in the employ or under
the supervision or control of the Lessee or any invitee of the Lessee; and (ii) the Lessee's
breach of this Lease. The provisions of this Section shall survive the expiration or earlier
termination of this Lease.
SECTION 11. SURRENDER: The Lessee shall remove all of its property from the
Premises upon temnination of this Lease. The Lessee shall surrender the Premises to the
Lessor in the same condition as when received, ordinary wear and tear excepted at the
end of the term hereof, or sooner, if terminated as provided herein. In addition to, and not
in limitation ofi the other rights and remedies of the Lesson under this Lease, any property
not removed upon termination of this Lease shall, at the Lessor's election, be deemed
abandoned and shall become the property of the Lessor. The provisions of this Section
shall survive the expiration or earlier temiination of this Lease.
SECTION 12. COVENANTS AGAINST LIENS: The Lessee shall have no right to
subject (or suffer to be subjected) the Premises or the interest of the Lessor or the Lessee
in the Premises to any liens (including, without limitation, mechanic's liens with respect to
any improvements caused to be placed on the Premises by the Lessee). The Lessee
shall satisfy or transfer any such lien to a bond within Ten (10) days after the Lessee is
notified of such lien. The provisions of this Section shall survive the expiration or earlier
termination of this Lease.
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SECTION 13. ASSIGNMENT OR S U B L E A S E : The Lessee may not assign,
sublease, hypothecate, or transfer the Premises, or any interest in this Lease, directly or
indirectly, by operation of law or otherwise, without the prior written consent of the Lessor,
which consent the Lessor may grant or withhold in the Lessor's sole and absolute
discretion. Any attempt to do so without the Lessor's consent shall be null and void. The
foregoing is not intended to prohibit the Lessee from engaging the services of a manager
to manage the operation of the Premises; provided, however that the manager shall
comply with all of the provisions of this Lease and shall provide the Lessor with the same
insurance as is required of the Lessor under Section 10 above. In the event of a permitted
assignment or sublease, the Lessee will not be released on liability under this Lease
without written approval of the Lessor, which approval the Lessor may grant or withhold in
the Lessor's sole and absolute discretion.
SECTION 14. COVENANT OF QUIET ENJOYMENT: The Lessor covenants and
agrees with the Lessee that at all times during the term of this Lease when the Lessee is
not in default under this Lease, the Lessee's quiet and peaceable enjoyment of the
Premises shall not be disturbed or interfered with by the Lessor or any other person
ordinarily and reasonably subject to the Lessor's control, subject to the temns of this
Lease.
SECTION 15. NOTICES: Any notice, demand, request or other instrument which
is to be given under this Lease or by law shall be mailed by U.S. certified or registered
mail, postage prepaid or by overnight delivery or by personal delivery, addressed to the
parties as follows:
Lessor:
Centex Homes
1064 Greenwood Blvd., Suite 200
Lake Mary, FL 32746
Attn: John P. Lenihan
With copy to:
Michael D. Chiumento, Esquire
Chiumento and Guntharp
4 Old Kings Road North, Suite B
Palm Coast, Florida 32137
Lessee:
James Landon
City Manager
City of Palm Coast
2 Commerce Boulevard
Palm Coast. Florida 32164
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Any notice, demand, request or other instrument delivered as aforesaid shall be deemed
delivered and received immediately upon mailing, delivery to an appropriate carrier, or
receipt or refusal of delivery of said notice, whichever is earliest. The Lessor's counsel
and the Lessee's counsel are expressly permitted to execute and deliver notices for their
respective parties. Receipt shall be deemed to have occurred if made by any authorized
agent or any employee of the addressee or of the addressee's company. The addressees
and addresses for the purpose of this Section may be changed by giving written notice.
SECTION 16.
NONWAIVER:
Failure of the Lessor to insist upon strict
performance of any provision or to exercise any option shall not be construed as a waiver
for the future of any such provision or option. The receipt by the Lessor of rent or a
portion thereof, with knowledge of the breach of any provision of this Lease shall not be
deemed a waiver of such breach. No partial payment of rent shall be deemed to be other
than on account of earliest rent then unpaid nor shall endorsement or statement on any
check or any written letter or statement accompanying such check be deemed an accord
or satisfaction and the Lessor may accept such check or payment without prejudice to the
Lessor's right to recover the balance of such rent or pursue any other remedy in this
Lease. None of the covenants, tenns or conditions of this Lease can be waived except by
the written consent of the Lessor.
SECTION 17. CONDEMNATION. DAMAGE OR DESTRUCTION OF PREMISES:
If the Premises or any portion thereof are taken under the power of eminent domain, or
sold under the threat of the exercise of said power (all of which are herein called
"condemnation"), or are destroyed or damaged by fire or other casualty so as to render
the Premises completely unleaseable or unfit for use, then, and in such case, the rent
herein above reserved, or a just proportion thereof, according to the nature and extent of
the damage sustained by the Premises shall be abated until the Premises shall have been
fully repaired or restored by the Lessor. In the event of such damage or destruction or
condemnation, either party may elect to terminate this Lease in its entirety. Any award for
the taking of all or any part of the Premises under the power of eminent domain or any
payment made under threat of the exercise of such power shall be the property of the
Lessor for the taking of the fee or as severance damages and for rents. In the event this
Lease shall be terminated pursuant to this paragraph, any rental paid in advance shall be
refunded to the Lessee, and the Lessee shall have an additional thirty (30) days, rent free,
within which to remove its property from the Premises. All damages awarded for an
expropriation hereunder shall belong to the Lessor. The Lessee shall not make any claim
in connection with a condemnation, including, without limitation, a claim for damages
awarded for the Lessee's fixtures or leasehold improvements and/or loss of business and
the market value of the Lessee's leasehold interest. In the event that this Lease is not
terminated by reason of such condemnation, the Lessor shall, to the extent of severance
damages received by the Lessor in connection with such condemnation, repair any
damage to the Premises caused by such condemnation.
SECTION 18. SUBORDINATION: This Lease shall be subject and subordinate in
all respects to the lien of any mort;gage which the Lessor may previously or hereafter
place on the real property of which the Premises are a part, and to each advance made or
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hereafter to be made, or both, under any such mortgage, and to any renewals,
modifications, consolidations, replacements or extensions thereof and also substitutions
therefor. This paragraph shall be self-operative and no further instruments shall be
required; however, the Lessee agrees to execute such instrument as requested by the
Lessor, within ten (10) days from such request, to evidence such subordination. Further,
the Lessee agrees to fumish to the Lessor, within ten (10) days of request, an estoppel
statement in fomi and content requested by the Lessor from time to time.
SECTION 19. DEFAULT: REMEDIES:
a)
The occurrence of any of the following events shall constitute a
default and breach of this Lease by the Lessee:
(i)
Failure to pay any rent or other payment hereunder
when due;
(ii)
Failure to perform any other covenant, term or condition
of this Lease upon twenty (20) days' written notice from the Lessor;
(ill)
prior to the end of the term;
Vacating or abandoning of the Premises by the Lessee
(iv)
The making by the Lessee of any general assignment or
general arrangement for the benefit of creditors, the filing by or against the Lessee of a
petition to have the Lessee adjudged bankrupt or a petition for reorganization or
arrangement under any law relating to bankruptcy; the appointment of a trustee or
receiver to take possession of substantially all of the Lessee's assets located on the
Premises or of the Lessee's interest in this Lease; or the attachment, execution or other
judicial seizure of substantially all of the Lessee's assets located at the Premises or of the
Lessee's interest in the Lease.
(b)
Upon the happening of any event of default above described,
and the failure to cure within the applicable grace period, if any, the Lessor shall have the
following remedies, in addition to all other rights and remedies provided by law or in
equity, to which the Lessor may resort cumulatively or in the alternative:
(i)
the Lessor may terminate this Lease by giving notice to
the Lessee, thereupon terminating all the Lessees' rights in the Premises, and in all
improvements and equipment located therein. Promptly upon receipt of such notice, the
Lessee shall sun-ender and vacate the Premises leaving all improvements in a broom
clean condition, and the Lessor may reenter and take possession of the Premises and all
remaining improvements and eject any parties still in possession. Termination under this
paragraph shall not relieve the Lessee from the payment of any sums then due to the
Lessor or from any claim for damages previously accrued or then accruing against the
Lessee.
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(ii)
Should the Lessor elect to terminate this Lease and
reenter and retake possession as above provided, then the Lessor may make such
alterations and repairs as may be needed to relet the premises and relet the premises or
any part thereof for such temi or terms and at such rentals the Lessor in its sole discretion
may deem advisable.
If the Lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against the Lessee before the end of said term, the
Lessor is hereby irrevocably authorized, at their option, to forthwith cancel this Lease, as
for default. The Lessor may elect to accept rent from such receiver, trustee, or other
judicial officer during the temi of their occupancy in their fiduciary capacity without
affecting the Lessor's rights as contained in this Lease, but no receiver, trustee or other
judicial officer shall ever have the right, title or interest in or to the Premises by virtue of
this Lease.
(iv)
the Lessee shall pay all of the Lessor's expenses
reasonably incurred as a result of any breach of any term of this Lease by the Lessee,
including, without limitation, reasonable attorney's fees regardless of whether litigation is
commenced.
In addition to and not in limitation of the foregoing, if the Lessee fails to perform any act
required to be made or performed under this Lease and fails to cure the same after receipt
of the required notice and within the relevant cure period, the Lessor, without waiving or
releasing any obligation of the Lessee, and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) at any time thereafter perform such act
for the account and at the expense of Lessee, and may, to the extent permitted by law,
enter upon the Premises for such purpose and, take all such action thereon as, in the
Lessor's opinion, may be necessary or appropriate therefor. No such entry shall be
deemed an eviction of the Lessee. All reasonable sums so paid by the Lessor and all
reasonable costs and expenses (including, without limitation, reasonable attorneys' fees
and expenses, in each case to the extent permitted by law) so incurred shall be paid by
the Lessee to the Lessor within Fifteen (15) days after demand. The obligations of the
Lessee and rights of the Lessor contained in this Section shall survive the expiration or
earlier termination of this Lease.
SECTION 20. TIME IS OF E S S E N C E : The parties acknowledge that time is of the
essence in this Lease, and this applies to all terms and conditions herein contained.
SECTION 21. SEVERABILITY: If any provisions of this Lease shall be declared
invalid to any extent, the remainder of this Lease shall not be affected thereby and each
provision of this Lease shall be valid and enforced to the fullest extent permitted by law.
Notwithstanding the foregoing, if the effect of a determination or holding by a court that a
particular term, clause or provision of this Contract is invalid is such that either party to this
Lease shall no longer have the substantial benefit of its respective bargain under this
Lease or any material portion of this Lease, then, and in such event, whichever of the
Lessor or the Lessee Is thus adversely affected, may, at its option and in its sole and
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RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
absolute discretion, cancel and terminate this Lease upon its delivery of written notice
thereof to the other of them.
SECTION 22. HOLDING OVER: If the Lessee remains in possession of the
Premises, or any part thereof, after the expiration or temiination of the temi hereof without
the prior written consent of the Lessor, such occupancy shall be deemed a tenancy at
sufferance at a rental amount of $50,000 per month plus all other charges payable
hereunder and othenwise upon the terms, covenants and conditions herein specified, so
far as applicable. Acceptance by Landlord of rent after such expiration or earlier
termination shall not result in a renewal of this Lease, nor shall such acceptance create a
month-to-month tenancy. In the event a month-to-month tenancy is created by operation
of law, either party shall have the right to terminate such month-to-month tenancy upon
thirty (30) days prior written notice to the other, whether or not said notice is given on the
rent paying date. This Section shall in no way constitute a consent by the Lessor to any
holding over by the Lessee upon the expiration or earlier temiination of this Lease, nor
limit the Lessor's remedies in such event. All rentals hereunder shall be prorated on a per
diem basis where appropriate to reflect an obligation to pay rent for less than the full
period for which rental rates are set forth. The provisions of this Section shall survive the
expiration or earlier termination of this Lease.
SECTION 23. BINDING E F F E C T : Each party represents and warrants to the
other that it has all necessary power and authority to enter Into and consummate the
terms and conditions of this Lease, that all acts, approvals, procedures and similar matters
required in order to authorize this Lease have been taken, obtained or followed, as the
case may be, that this Lease and the proposed perfomiance of this Lease by such party is
not an ultra vires act and that upon the execution of this Lease by both parties, this Lease
shall be valid and binding upon the parties hereto and their successors in interest. This
Lease shall bind and benefit the Lessor and the Lessee, their respective successors and
permitted assigns and the legal representatives of each.
SECTION 24. ATTORNEY'S F E E S : If either party brings an action to enforce the
terms of this Lease or declare any rights hereunder, the prevailing party in any such action
shall be entitled to recover reasonable attorney's fees. Each party represents and
warrants to the other that it will pay all fees and charges incurred by it in connection with
the preparation of an entering into of this Lease.
SECTION 25. COUNTERPARTS: This Lease may be executed in counterparts,
each of which shall be deemed an original. All such counterparts together shall constitute
one and the same document.
SECTION 26. MERGER: This Lease represents the entire agreement of the
parties. Any prior conversations or writings are merged herein and extinguished. No
subsequent amendment to this Lease shall be binding unless reduced to writing and
signed by the parties.
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SECTION 27. CAPTIONS AND EXHIBITS: All captions, headings, section and
paragraph or subparagraph numbers and letters and other reference numbers or letters
are solely for the purpose of facilitating reference to this Lease and shall not supplement,
limit or othenwise vary in any respect the text of this Lease. All exhibits to this Lease are
hereby incorporated herein.
SECTION 27. B R O K E R S : The Lessor and the Lessee warrant to each other that
neither of them has consulted or negotiated with any real estate broker or finder with
regard to the Premises or this Lease. Each party agrees to indemnify, defend, and hold
harmless the other and its affiliates, partners, directors, officers, agents, and employees
from and against any and all actions, causes of action, obligations, costs, damages,
losses, claims, liabilities and demands of any nature whatsoever, including, without
limitation, reasonable attorneys' fees arising from, or in any manner connected to claims
for fees or commissions by anyone with whom the party has dealt with regard to the
Premises or this Lease. The provisions of this Section shall survive the expiration or
earlier termination of this Lease.
SECTION 28. RECORDATION: This Lease shall be recorded by the Lessee in
the Official Records of Flagler County, Florida (Land Records). If requested to do so by
the Lessor, in writing, the Lessee will promptly execute and deliver to the Lessor a written
termination of this Lease, in recordable forni, upon the termination of this Lease.
IN WITNESS WHEREOF, the parties hereto have duly signed, sealed and
delivered this lease.
Lessee:
ATTEST.
CITY OF PALM COAST, FLORIDA
A Municipal Corporation
Clars-Hoeni, City Clerk
Date:
/Q^cp^QY
Janies V. Canfiela Mayor
SIGNATURES CONTINUED ON NEXT PAGE
Page 14 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Lessor:
CENTEX
CENTEX HOMES, a Nevada general
partnership, d/b/a Centex Destination
Properties
By: CENTEX REAL ESTATE
CORPORATION,
a Nevada corporation,
its l\/Ianaging General Partner
ATTEST:
By:_\^
Lawfu|lyAuthorized Signatory
Lawful Attesting Authority
Date:
h(i\01
Signed, sealed and delivered
in the presence of:
Witness One Printed Name: S!hAw\n^
j-top
Lli^^
m h e s s l w ) Printed Name:
Page 15 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
ACKNOWLEDGEMENT
STATE OF
floddlK.
COUNTY OF
)
SimXMM)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared the above signatories
and witnesses the signatories executing on behalf of and stating that they have authority
to bind Centex Destination Properties said persons having acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under requisite
corporate/entity authority and they are personally known to me.
day of
WITNESS my hand and official seal in the County and State last aforesaid this
'^Ok:k)fr
2007.
(Affix Notary Seal)
Notary Public; State of Florida
km m m,m«m mmm
&»amu.mim
Print Name:
tOi^mc
M-
tMMy PMMe. 8Mi 01 neiMs I
Cmnmou t OD 6S$«1
BandMfTlmughNtfanai Notary Am.f
Page 16 of 57
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\>d(^0\\
EXHIBIT A
THE PREMISES
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EXHIBIT B
THE ADDITIONAL PROPERTY
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RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Section 2 General Conditions, Instructions and Information for Proposers
CONTACT: All prospective Applicants (Proposers) are hereby instructed not to contact any member of the
City of Palm Coast City Council, City Manager, or City of Palm Coast staff members other than the noted
contact person(s) regarding this Request for Proposal (RFP) at any time prior to the RFP having been formally
presented to, and voted on by, the City Council. Any such contact shall be cause for rejection of your RFP
submittal.
PUBLIC OPENING: RFP submittals shall be received at the City of Palm Coast Purchasing & Contracts
Management Division, 160 Cypress Point Parkway, Suite B-106, Palm Coast, FL 32164 by the specified time
and date. The RFP submittals shall be opened publically and the names of the Proposers shall be read aloud at
that time. Please note that the Financial Plans will not be opened publically. Persons with disabilities
needing assistance to participate in the Public Opening should contact Brian Rothwell at 386-986-3771 or at
[email protected] at least 48 hours in advance of the Public Opening.
DELAYS: The City, at its sole discretion, may delay the scheduled due dates indicated above if it is to the
advantage of the City to do so. The City will notify Bidders of all changes in scheduled due dates by posting
the notification in the form of addenda on the Purchasing page of the City’s website.
PROPOSAL SUBMISSION AND WITHDRAWAL: The City shall receive RFP submittals at the above
address. The outside of the envelope/container must be identified with the RFP number and title as stated
above. The envelope/container must also include the Proposer's name and return address. Receipt of the RFP
submittal in the Purchasing & Contracts Management Division after the time and date specified due to failure
by the Proposer to provide the above information on the outside of the envelope/container shall result in the
rejection of the RFP submittal.
CONFIDENTIAL MATERIALS: Any materials that qualify as “trade secrets” shall be segregated, clearly
labeled and accompanied by an executed Non-Disclosure Agreement for Confidential Materials shall be
submitted in this section.
RFP submittals received after the specified time and date shall be returned unopened. The time and date
will be scrupulously observed. The City shall not be responsible for late deliveries or delayed mail. The
time/date stamp clock located at the reception desk shall serve as the official authority to determine lateness of
any RFP submittal.
The City cautions Proposers to assure actual delivery of mailed or hand-delivered RFP submittals prior to the
deadline set for receiving RFP submittals. Telephone confirmation of timely receipt of the RFP submittal may
be made by calling (386) 986-3730, before the 2:00 deadline.
Proposers shall submit two (2) COMPLETE SETS (one [1] paper version and one [1] electronic copy (CD)) of
the RFP submittal with all supporting documentation in a sealed envelope/container marked as noted above.
The CD should be an exact duplicate of the paper version and should be one complete file (PDF preferred), not
a series of files. The Proposer may submit the RFP submittal in person or by mail.
Proposers may withdraw their RFP submittals by notifying the City in writing at any time prior to the time set
for the RFP deadline. Proposers may withdraw their RFP submittals in person or through an authorized
representative. Proposers and authorized representatives must disclose their identity and provide a signed
receipt for the RFP submittal. RFP submittals, once opened, become the property of the City and will not be
returned to the Proposers.
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No additional information may be submitted, or follow-up made, by any Proposer after the stated due date,
outside of a formal presentation to the Evaluation Committee, unless requested by the City. At the time of
opening and upon review of the RFP submittals, the City reserves the right to request all required
forms/attachments (other than the pricing form and issued addenda) that may have not been submitted at the
time of submittal. The respondent shall have twenty-four (24) hours from the City’s request to supply this
information to the City for their RFP submittal to be considered valid.
INQUIRIES/INTERPRETATIONS: All Proposers shall carefully examine the RFP documents. Any
ambiguities or inconsistencies shall be brought to the attention of the City Purchasing & Contracts Management
Division in writing prior to the due date; failure to do so, on the part of the Proposer, will constitute an
acceptance by the Proposer of any subsequent decision. Any questions concerning the intent, meaning and
interpretations of the RFP documents including the attached draft agreement, shall be requested in writing, and
received by the City Purchasing & Contracts Management Division at least ten (10) business days prior to the
due date. The City shall not be responsible for any oral instructions made by any employee(s) of the City in
regard to this RFP. All inquiries shall be directed to Brian Rothwell at Telephone No. 386-986-3771, Fax No.
386-986-3724 or [email protected]. Oral statements given before the Proposal Due Date will
not be binding.
ADDENDA: Should revisions to the RFP documents become necessary; the City shall post addenda
information on the City's Web Site. All Proposers should check the City's Web Site or contact the City's
Purchasing & Contracts Management Division at least seven (7) calendar days before the date fixed to verify
information regarding Addenda. Failure to do so could result in rejection of the RFP submittal as unresponsive.
Proposer shall sign, date, and return all addenda with their RFP submittal. Addenda information will be posted
on the City's website at www.palmcoastgov.com/government/purchasing. It is the sole responsibility of the
Proposer to ensure he/she obtains information related to Addenda.
SELECTION PROCESS AND AWARD: All RFP submittals will be evaluated by City staff in accordance
with the criteria set forth in the RFP documents. The City may conduct interviews/presentations as part of the
evaluation process. The City shall not be liable for any costs incurred by the Proposer in connection with such
presentations.
The City anticipates award to the Proposer who submits the RFP submittal judged by the City to be the most
advantageous and offers the best value to the City. The Proposer(s) understands that this RFP does not
constitute an agreement or a contract with the Proposer. The City reserves the right to reject all RFP submittals,
to waive any formalities, and to solicit and re-advertise for new RFP submittals, or to abandon the project in its
entirety.
PREPARATION COSTS: Neither the City nor its representatives shall be liable for any expenses incurred in
connection with preparation of a response to this RFP. Proposers should prepare their RFP submittals simply
and economically, providing a straightforward and concise description of the Proposer's ability to meet the
requirements of the RFP.
ACCURACY OF RFP SUBMITTAL INFORMATION: Any Proposer that submits in his/her RFP
submittal to the City any information which is determined to be substantially inaccurate, misleading,
exaggerated, or incorrect, shall be disqualified from consideration.
INSURANCE: Misrepresentation of any material fact, whether intentional or not, regarding the Proposer's
insurance coverage, policies or capabilities may be grounds for rejection of the RFP submittal and rescission of
any ensuing contract. Copy of the insurance certificate shall be furnished to the City prior to final
execution of the contract.
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LICENSES: Proposers, both corporate and individual, must be fully licensed and certified in the State of
Florida at the time of submittal of RFP for the type of goods/services to be provided. Should the Proposer not
be fully licensed and certified, his/her RFP submittal shall be rejected. If applicable, any permits, licenses, or
fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for
these costs. Adherence to all applicable code regulations, Federal, State, City, City, etc., are the responsibility
of the Proposer.
POSTING OF PROPOSAL AWARD: Recommendation for award will be posted for review by interested
parties on the City’s Web Page (www.palmcoastgov.com/government/purchasing) prior to submission through
the appropriate approval process.
RFP PROTEST: RFP protests arising under the City Bidding Documents or Procedures shall be resolved
under the City of Palm Coast Purchasing & Contract RFP Protest procedures.
A Proposer may protest matters involving the award of this contract within three (3) business days from the
posting of the recommendation to award. Failure to protest to the City’s Purchasing Manager shall constitute a
waiver of protest proceedings.
Any decision of the Purchasing Manager may be appealed to the City Manager by filing a written appeal to the
City Manager within seven (7) days of the Purchasing Manager’s decision. Any decision of the City Manager
may be appealed to the City Council by filing a written appeal to the City Clerk within seven (7) days of the
City Manager’s decision. The same procedures as above shall apply to contest the award of the contract.
PUBLIC RECORDS: Upon award recommendation or thirty (30) days after receiving, RFP submittals
become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes.
Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP, and must
identify the data or other materials to be protected, and must state the reasons why such exclusion from public
disclosure is necessary.
PROHIBITION AGAINST CONTINGENT FEES: The Proposer warrants that he/she has not employed or
retained any company or person, other than a bonafide employee working solely for the Proposer, to solicit or
secure this Agreement and that the Proposer has not paid, or agreed to pay, any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Proposer, any fee, commission,
percentage, gift, or other consideration contingent upon, or resulting from, award or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this Agreement at its sole
discretion, wtihout liablity, and to deduct from the Agreement price, or otherwise recover, the full amount of
such fee, commission, percentage, gift or consideration.
ACCEPTANCE / REJECTION: The City reserves the right to accept or reject any or all RFP submittals and
to make the award to those Proposers, who in the opinion of the City will be in the best interest of and/or the
most advantageous to the City. The City also reserves the right to reject the RFP submittal of any vendor who
has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or
who, in the City's opinion, is not in a position to perform properly under this award. The City reserves the right
to inspect all facilities of Proposers in order to make a determination as to the foregoing. The City reserves the
right to waive any irregularities, informalities, and technicalities and may at its discretion, request a reprocurement.
EQUIVALENT MATERIALS AND EQUIPMENT: Whenever materials or Equipment are specified or
described in the specifications by using the name of a proprietary item or the name of a particular supplier, the
naming of the item is intended to establish the type, function and quality required. Unless the name is followed
by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted
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by the City if sufficient information is submitted by Proposer to allow the City to determine that the material or
equipment proposed is equivalent to that named.
Requests for review of substitute items of material and equipment will not be accepted by the City from anyone
other than Proposer. If Proposer wishes to furnish or use a substitute item of material or equipment, Proposer
shall indicate this action within this solicitation, make written application to the City for acceptance thereof,
certifying that the proposed substitute will perform adequately the functions called for by the general design, be
similar and of equal substance to that specified and be suited to the same use and capable of performing the
same function as that specified.
All variations of the proposed substitute from that specified shall be identified in the solicitation and the
Proposer is responsible for any expense incurred by the City from evaluation and acceptance of the proposed
substitute, including claims of other Proposers affected by the resulting substitute, all of which will be
considered by the City in evaluating the proposed substitute. City may require Proposer to furnish, at Proposer's
expense, additional data about the proposed substitute.
City shall be the sole judge of acceptability, and no substitute shall be ordered without the City's acceptance.
However, City reserves the right to reject any proposed substitute which would result in an increase in contract
price and the City may require Proposer to furnish at Proposer’s expense a special performance guarantee or
other surety with respect to any substitute. If approval is given, Proposer shall not be excused from performing
in conformity with the requirements of the contract documents.
Proposer assumes sole responsibility for verifying that the proposed substitute items are in accordance with the
requirements of the contract documents, and that the specifications and all other features of substitute items are
suitable for their intended purpose.
ADDITIONAL TERMS AND CONDITIONS: Unless expressly accepted by the City, only the terms and
conditions in this document shall apply: No additional terms and conditions included with the RFP submittal
shall be considered. Any and all such additional terms and conditions shall have no force and effect, and are
inapplicable to this RFP if submitted either purposely through intent or design, or inadvertently appearing
separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed
that the general and/or any special conditions in these RFP documents are the only conditions applicable to this
RFP submittal and the Proposer's authorized signature on the Proposal Response Form attests to this.
Exceptions to the terms and conditions will not be accepted.
TECHNICAL ACCEPTABILITY OF TRADE NAME PROPOSED: If offering other than the trade name
specified, explain in detail the differences between the equipment proposed and the equipment specified. Also
explain what impact may be anticipated in performance of the equipment. These explanations must be provided
on specification sheet or on company letterhead, and attached to your Proposal. The City shall determine if the
brands offered are technically acceptable. Failure to comply may result in the rejection of your RFP submittal.
All exceptions shall be stated no matter how seemingly minor. Any exceptions not taken shall be assumed by
the purchaser to be included in the RFP submittal, regardless of the cost to the Proposer.
DELIVERY: Delivery will be determined by the City.
PURCHASING CODE: The Purchasing & Contracts Management Division Procedures apply in its entirety
with respect to this Request for Proposals.
AFFIRMATION: By submission of an RFP submittal, Proposer affirms that his/her RFP submittal is made
without prior understanding, agreement or connection with any corporation, firm, or person submitting a
proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion
or fraud. Proposer agrees to abide by all conditions of this Request for Proposals and the resulting contract.
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MISTAKES IN PROPOSAL: Proposers are expected to examine the terms and conditions, specifications,
delivery schedule, prices, extensions and all instructions pertaining to supplies and services. Failure to do so
will be at Proposer's risk. In the event of extension error(s), the unit price will prevail and the Proposer's total
offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. In the
event of addition errors(s), the unit price, and extension thereof, will prevail and the Proposer's total offer will
be corrected accordingly. RFP submittals having erasures or corrections must be initialed in ink by the
Proposer.
DISPROPOSAL OF PROPOSER: More than one RFP submittal from an individual, firm, partnership,
corporation, or association under the same or different names will not be considered. Reasonable grounds for
believing that a Proposer is involved in more than one RFP submittal will be cause for rejection of all RFP
submittals in which such Proposers are believed to be involved. Any or all RFP submittals will be rejected if
there is reason to believe that collusion exists between Proposers. RFP submittals in which the prices obviously
are unbalanced will be subject to rejection.
QUANTITIES: The City shall not be held to any maximum or minimum purchase quantities as a result of this
solicitation and/or resulting contract. The City reserves the right to purchase any, all or none of its requirements
from vendors awarded a contract as a result of this Request for Proposals. All quantities as shown are
approximate and no guarantee is made that any materials will be purchased.
GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which
would necessitate alteration of the material quality, workmanship or performance of the items offered on this
RFP prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing & Contracts
Management Division at once, indicating in his/her letter the specific regulation which required an alteration,
including any price adjustments occasioned thereby. The City reserves the right to accept such alteration or to
cancel the contract or purchase order at no further expense to the City.
PATENTS AND COPYRIGHTS: The Proposer, without exemption, shall indemnify and save harmless, the
City, its employees and/or any of its Board Members from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented invention, process, or item
manufactured by the Proposer. Further, if such a claim is made, or is pending, the Proposer may, at its option
and expense, procure for the City the right to use, replace or modify the item to render it non-infringing. If none
of the alternatives are reasonably available, the City agrees to return the article on request to the Proposer and
receive reimbursement. If the Proposer used any design, device, or materials covered by letters, patent or
copyright, it is mutually agreed and understood, without exception, that the RFP submittal prices shall include
all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: All Proposers
submitting a response to this Request for Proposals agree that such response also constitutes an RFP submittal
to all governmental agencies within the State of Florida, under the same conditions, for the same contract price,
and for the same effective period as this RFP submittal, should the Proposer feel it is in their best interest to do
so.
Each governmental agency desiring to accept these RFP submittals, and make an award thereof, shall do so
independently of any other governmental agency. Each agency shall be responsible for its own purchases and
each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any
liability by virtue of this RFP.
This agreement in no way restricts or interferes with the right of any governmental agency to Re-Request for
Proposals any or all items.
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ADVERTISING: In submitting an RFP submittal, Proposer agrees not to use the results there from as a part of
any commercial advertising, without the express written approval, by the appropriate level of authority within
the City.
NON-APPROPRIATION OF FUNDS: In the event that insufficient funds are appropriated and budgeted or
funding is otherwise unavailable in any fiscal period for this RFP, the City shall have the unqualified right to
terminate the Work Order(s) or Agreement upon written notice to the Consultant, without any penalty or
expense to the City. No guarantee, warranty or representation is made that any particular work or any project(s)
will be assigned to any firm(s).
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Section 3 –
Instructions for the Preparation of Proposals
The Proposer(s) warrants its response to this Request for Qualifications (RFP) to be fully disclosed and correct.
The firm must submit a Proposal complying with this RFP, and the information, documents and material
submitted in the Proposal must be complete and accurate in all material aspects. All Proposals must contain
direct responses to the following questions or requests for information and be organized so that specific
questions being responded to are readily identifiable and in the same sequence as outlined below.
Proposers are advised to carefully follow the instructions listed below in order to be considered fully responsive
to this RFP. Proposers are further advised that lengthy or overly verbose or redundant submissions are not
necessary. Compliance with all requirements will be solely the responsibility of the Proposer. Failure to
provide requested information may result in disqualification of response.
The Proposal shall cover in as much detail as possible the requirements of the solicitation, subject to
modification and enhancements as a result of information gained during the consultant selection process.
The Proposal must be submitted on 8 1/2" x 11" paper, numbered, typewritten, with headings, sections, and subsections identified appropriately. The total number of pages MUST NOT exceed 50 numbered pages (does not
include the required forms, addenda, or résumés).
The Proposal must be divided into five sections with references to parts of this RFP done on a section
number/paragraph number basis. The five sections shall be named:
1.
2.
3.
4.
5.
1.
Required Submittals (Envelope #1)
Experience (Envelope #1)
Proposed Management, Operations & Maintenance Plan (Envelope #1)
Professional Qualifications (Envelope #1)
Financial Plan (Envelope #2)
REQUIRED SUBMITTALS:
Letter of Transmittal: The Proposal letter shall be addressed to the City’s Purchasing Manager, Brian
Rothwell, and shall include at a minimum the following:




Name of Individual, Partnership, Company, or Corporation submitting Proposal;
City’s RFP number;
Statement that all terms and conditions of the RFP are understood and acknowledged by the
undersigned;
Signature(s) of representative(s) legally authorized to bind the Proposer.
Addenda: The acknowledgment page of all addenda, signed and dated, if applicable.
Corporate Information: If a Proposer is a corporation, it must be certified with the Florida Secretary of State
and have a corporate status in good standing, and in the case of out-of-state corporation, they must present
evidence of authority to do business in the State of Florida.
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Required Forms: Complete Attachments A – J as indicated below:
Proposer’s Certification (Attachment A): Complete the form included in this package.
Conflict of Interest Statement (Attachment B): Complete the form included in this package.
Compliance with the Public Records Law (Attachment C): Complete the form included in this package.
Drug-Free Workplace (Attachment D): Complete the form included in this package.
American with Disabilities Act Affidavit (Attachment E): Complete the form included in this package.
Summary of Litigation and License Sanctions (Attachment F): Complete the form included in this package.
Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion – Lower Tier Covered
Transactions (Attachment G): Complete the form included in this package.
Certificate of Corporation (Attachment H): Complete the form included in this package.
Public Entity Crime Form (Attachment I): Complete the form included in this package.
Vendor Certification Regarding Scrutinized Companies List (Attachment J): Complete the form included in
this package (if applicable).
2.
EXPERIENCE
In order to determine if a proposing firm has adequate experience, the proposer needs to provide
answers for the following questions as they relate to its existing operation of municipal or public
courses.
 Indicate the number of years the Proposer has been providing these types of services.
 Please provide a listing and description of municipal courses operated by the proposer including the
number of rounds per year per course.
 Provide the annual gross and net revenue per golf course.
 Provide the average annual maintenance expense per course.
 Provide a brief description of the location and market overview for each market operated (e.g.
number of courses in market, market share competition, cost structure and revenue generation)
 Describe the previous role of any partners/vendors/subcontractors that might be employed to assist
in the management and operations of the Palm Harbor Golf Club. Provide examples of how your
firm or organization has performed these type of management, operations, and maintenance
partnership and/or relationships in the past.
 Include examples of successful market analysis and marketing plans that demonstrate your
organization’s ability to move into a new market and be successful.
 Indicate how your organization has elevated the image of other courses you operate.
 Please provide a list of five (5) references that can describe your previous performance in the
management, operations, and maintenance of golf course facilities for whom the proposer has
provided services comparable to those described in this RFP. This listing shall include contacts for
the last three (3) contracts entered into by your organization. For each reference, detail:
o Name of entity (firm, city, etc.).
o Address of entity.
o Name, title, e-mail address, phone, and fax of a contact for the entity.
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o Number of years Proposer has served the entity.
o Brief summary of scope of services provided.
o Brief summary of measures of success of your operations.
3.
MANAGEMENT, OPERATIONS & MAINTENANCE PLAN
Proposer shall provide a description outlining the services to be performed. Such description should, at
a minimum, provide the following information.
 Proposer’s understanding of the project.
 Overall project plan with a listing of all major tasks to be performed by the Proposer and the
deliverable products associated with each task
 Listing and annotation as to the manner in which the Proposer proposes to meet each provision
stipulated in this RFP.
 Examples of measurable goals and objectives that can be incorporated in the agreement.
 List of any exceptions taken to the provisions of this RFP.
A Maintenance and Facility Cleanliness Standards
The Proposal shall include a description of minimum golf course maintenance and facility
cleanliness standards that will be employed. These standards shall describe both in terms of
frequency and performance (e.g. In season, greens and tees will be mowed daily; fairways will be
100% weed free; height of grass per location; tolerance for grass mixtures for greens, fairways,
primary and secondary roughs.; standards shall also include, but not be limited to frequency of
repairs to divots, type of amenities and course markings, treatment of bunkers, cart paths, clubhouse
and grounds). Proposers shall indicate what contract penalties for failing to meet agreed upon
maintenance standards are reasonable. The proposer must demonstrate knowledge and experience
dealing with the growing conditions found in this geographical area.
One of the most important components of providing exceptional services to the golfing community
is to give players a meticulously maintained course. The condition of the greens, fairways, and tees
must be monitored daily and maintained to United States Golf Association (USGA) standards. The
greens have been designed and constructed in accordance with USGA standards and the City expects
them to be maintained accordingly. To insure this, it will be the responsibility of the successful
proposer to present an annual USGA Green Section Turf Advisory Service Report to the City
Council. The successful Proposer will be required to maintain on site all of the necessary records,
files, and documentation used to verify maintenance activities.
The City understands that many conditions (weather, soil, wind, disease, etc.) affect a Proposer’s
“routine” maintenance practices. For example, improved playing conditions may be achieved by
increasing the number of top dressing applications or verticuts on the greens and fairways. The City
encourages Proposers to identify a higher level of maintenance standards in their proposal package,
with the understanding that the base level must be provided at a minimum. In order to evaluate
proposals consistently and for future performance evaluations of the selected management firm the
following are the base levels of maintenance standards that must be provided by each Proposer. Any
deviation to the base standards the City has identified must be clearly described in full detail in the
proposal package. Along with a description of a proposed deviation to the base standards, Proposers
will be required to explain the reasons they want to offer an alternative approach
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I. Fertilization Requirements
 Greens
o Greens shall be fertilized with a nitrogen fertilizer using a minimum of 14 pounds (lbs).
per 1,000 square feet (sf) and no more than 16 lbs per 1,000 sf per year.
o During the overseed period (November – April) the Greens shall be spoon fed @ .125 lbs
per 1,000 sf of Nitrogen per application.
o There shall be a minimum of three granular fertilizer applications using a 4-1-2 or 2-1-2
ratio of nitrogen, phosphorous and potassium (NPK) per application.
o One week prior to overseeding an application of granular fertilizer shall be applied as a
pre-plan/starter to winterize the turf and help germinate the overseed.
o During the warmer months of April through October, monthly and weekly applications of
fertilizer shall be applied using the 4-1-2 or 2-1-2 ratio and can be applied as granular or
spray.
o Proposers may use any combination of slow release and soluble nitrogen release
fertilizers as well as complete combination fertilizers.
o Phosphorous, Potassium and minor elements are an important part of turf grass and must
be applied on a program with Nitrogen. Each year the program will be submitted to the
USGA Agronomist in preparation for the required annual turf grass report.
o Fertigation through the irrigation system is not an acceptable method of applying the
required fertilizers. Fertigation can only be used as a supplemental form of plan nutrition
and surfactant application.
 Tees
o Tees shall be fertilized a minimum of eight times each year. The minimum rate of
application of Nitrogen and Potassium is 8 lbs per 1,000 sf.
o Phosphorous shall be applied eight times each year with a minimum of 5 lbs per 1,000 sf
in one year.
 Fairways, Roughs, Driving Range, and Clubhouse Turf
o These areas shall be fertilized a minimum of six times each year. Fertigation is not be
included in the number of required applications. The minimum rate of application of
Nitrogen and Potassium is 6 lbs per 1,000 sf.
o Phosphorous shall be applied eight times each year with a minimum of 5 lbs per 1,000 sf
in one year.
 Landscape, Ornamentals, and Shrubbery
o Each of these shall require at least two applications per year.
o All fallen trees and branches for the entire golf club property shall be picked up and
disposed of by the Proposer on a daily basis.
o All tree debris shall be removed from the golf course area and disposed of by the
Proposer on a daily basis.
o The Proposer shall not prune any trees, with the exception of palm trees, without prior
approval of the City Landscape Architect and/or Urban Forester.
o All palm trees on the golf club property shall be pruned annually
 Soil Analysis
o Soil samples shall be taken twice a year on Greens, Tees, and Fairways.
o Fertilizer applications may be tailored to the soil needs.
o A certified laboratory shall analyze the samples and the resulting report will be used to
make treatment decisions.
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II. Mowing Requirements
 Greens
o Greens shall be mowed on a daily basis, weather permitting.
o If Greens mowing is skipped, it shall be recorded in the daily log and a description of the
circumstances that prevented the mowing should also be provided.
o Mowing heights will be maintained on a daily basis to keep a smooth rolling surface and
a stipmeter speed of at least 8 and no more than 10.5 (stipmeter must meet the USGA
requirements)
o This activity shall be scheduled at such a time as to limit the interference of play.
 Tees, Fairways, and Aprons
o These areas shall be mowed at least three times per week.
o Mowing heights must be maintained at .500-inch or lower.
o This activity shall be scheduled at such a time as to limit the interference of play.
 Roughs
o These areas shall be mowed at least two times per week.
o Mowing heights must be maintained at 1.250-inch to 1.750-inch.
o This activity shall be scheduled at such a time as to limit the interference of play.
 Miscellaneous
o Bunker slopes, Bahia grass, clubhouse turf, and all other turf areas shall be mowed at
least one time per week.
o During cooler months it may be acceptable to mow bi-weekly.
III. Cultural Practices
 Aerification
o Greens are required to be aerified three times per year between the months of April and
September. Coring tines with a minimum diameter of .500-inch are required to be used
two of the three times. The third aerification shall be completed with .250-inch tines.
o Tees and Aprons are required to be aerified two times per year with .500-inch coring
tines.
o Fairways and Roughs are required to be aerified one time per year with .750-inch coring
tines.
o Topdressing is required following aerifacations. Topdressing material shall meet the
requirements of the USGA specifications. All cored holes and turf canopy of all greens,
tees and aprons shall be filled and covered.
 Verticutting
o Greens are required to be verticut monthly from April through November or until
overseeding takes place. Light top dressing shall be applied after each verticut.
o Tees and Aprons shall be on a light Verticutting schedule or bi-annually with a heavy and
aggressive verticutting.
o Fairways and Roughs shall be on a light Verticutting schedule or bi-annually with a
heavy and aggressive verticutting
IV. Overseeding
 Greens
o A minimum of 8 lbs per 1,000 sf of Poa Trivialis greens grade seed shall be applied in
late October and no later than the second week in November. Prior to overseeding all of
the appropriate cultural practices shall take place.
 Tees and Aprons
o A minimum of 500 lbs per acre, turf-type perennial ryegrass seed shall be applied in late
October and no later than the second week in November.
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
Fairways
o A minimum of 300 lbs per acre, turf-type perennial ryegrass seed shall be applied in late
October and no later than the second week in November.
V. Chemical Program
 Herbicides
o A post and pre emerge program shall be in place prior to each weed season.
o A minimum of two pre-emerge summer weed control applications are to be scheduled
between February and June.
o Products such as Ronstar, Dimension, and Pendimethalin are acceptable for these
purposes and shall be used in conjunction with a granular fertilizer application.
o Pre-emerge control for Poa Annua, escape rye grass, and winter broadleaf is also required
during overseeding months.
o Post emergent control will be on an as needed basis on all turf and landscape areas such
as tree rings and plant bed edges.
o Mechanical removal of all weeds is strongly recommended before herbicides are applied.
 Insecticides
o Preventative and post treatment programs for mole crickets, ants, all types of worms,
grubs, wasps, and other turf damaging insects is required.
 Fungicides
o Preventative and post treatment programs for disease are required.
VI. Cups and Pins
 Requirements
o Cup locations shall be changed at least seven times a week.
o Cups should be moved at least twenty (20) feet from previous location.
o Cups shall be replaced at least two times a year and painted on a bi-weekly basis.
o Pin locations are affected by many factors. Proper placement of the pins requires
judgment and knowledge of the game. The USGA recommends that the pin be placed at
least five paces from the nearest edge of the green. Pins should not be placed in tricky
positions.
The pin should be placed according to the design of the hole. For example, for long shots
with a wood or low iron, pins should be placed far enough from the front and sides to
accommodate the required shot and provide adequate room to put.
VII. Repairs
Repair all ball marks, divots, and other damaged turf on greens including chipping & practice
greens at least three times per week.
VIII. Cart Paths
It will be the responsibility of the Proposer to maintain the concrete cart paths throughout the
course. The paths must be maintained free of all debris and weeds. All repairs to the cart path
must be accomplished in a timely manner so as to provide a safe route for moving about on the
course. Proper herbicides will be applied and routine edging will be required to accomplish this
requirement. Erosion control will also be necessary in some areas to avoid degrading the
integrity of the paths.
IX. Irrigation
It shall be the responsibility of the Proposer to insure that all of the equipment required to irrigate
the golf course is maintained in good repair.
Proposers will be expected to repair and replace all heads, valves controllers, pumps, wiring, and
lines as needed to keep the proper operation of the irrigation system including supply line and
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associated pumps. The greens, fairways, and tees will be irrigated as is necessary to insure the
best playing conditions and support proper growth of the turf. Many conditions affect the
frequency and amount of irrigation used in each application. It will be the responsibility of the
Proposer to determine this frequency. The USGA annual turf advisory report provided by the
Proposer to the City each year will provide an independent assessment of how well the
successful Proposer performed this and other maintenance requirements set forth by City
policies.
X. Fleet Maintenance And Golf Carts
Fleet maintenance is an integral part of maintaining the playing conditions of the course.
Therefore, it will be the sole responsibility of the successful proposer to maintain the equipment
in good working order and service the equipment when required.
It is imperative that each Proposer insures that the equipment used by the staff is in the best
shape possible. This will require warranty enforcement, repair and maintenance of damaged
equipment, such as hydraulic leaks, calibration problems, tires, and many other equipment
problems. Equipment operators must be trained in the use and care of all such equipment and
must be alert to operational problems that occur while on the course. Avoiding damage to the
greens, fairways, and tees from operator errors and poor fleet maintenance practices is an
important aspect of maintaining the course in top playing shape.
Therefore, Proposals must include a description of the Proposer’s preventative maintenance and
equipment operator training programs in the Operational Concepts section of the proposal
package. Also, the proposal package must identify the recommended renewal and replacement
program for the equipment and carts.
XI. Facility Maintenance
It will be the sole responsibility of the Proposer to insure that all of the Club’s facilities
(clubhouse, cart barn, maintenance facility and course restroom) and buildings are maintained in
a manner consistent with a first-class destination and a premier municipal golf course.
Cleanliness of the grounds around the facilities and the exterior and interior of the buildings must
be maintained to a level that is satisfactory to the City. The normal routine maintenance of the
facilities must be designed to keep the premises in a good state of repair, free from hazardous
conditions and deterioration, thus providing a comfortable and safe environment for all visitors
and patrons of the Club. This will include, at a minimum:
1. repairing and maintaining
a) the HVAC system
b) kitchen equipment
c) range ball dispenser
d) electrical system
e) plumbing
f) buildings
g) fences
2. repair and replacement of all office and restaurant furnishings, including window treatments
3. trash and rubbish removal
4. provide full utilities to all buildings
5. providing janitorial services
XII. Lake & Ditch Maintenance
It will be the sole responsibility of the successful Proposer to maintain the lakes and ditches
including culvert pipes and headwalls on the golf club property. The Proposer shall include a
detailed plan for the maintenance of the ditches & lakes as part of proposal. It is imperative that
the lakes & ditches are maintained in accordance with applicable laws, rules and regulations.
The City Stormwater Engineer will be available to assist Proposers insure their maintenance
practices will be in keeping with best management practices.
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4.
PROFESSIONAL QUALIFICATIONS
A Staffing Levels
Proposer shall include a staffing plan for the Palm Harbor Golf Club and shall indicate the
following:
 The general level of staffing the organization intends to provide.
 When certified Professional Golf Association (PGA) and Golf Course Superintendents of
America (GCSAA) professionals would be used.
 If positions are filled with other professionals that have some level of certification please indicate
those certifications and the positions to which the certifications apply.
 An organizational chart is a required submittal. Provide an organizational summary that will
highlight the experience and the role of the individuals who will be directly involved in the
management of the Palm Harbor Golf Club. Include a listing of all personnel that will be
assigned to the project along with a summary of their qualifications and specific responsibilities
for the project.
5.
FINANCIAL PLAN (ENVELOPE #2)
Proposal shall include a financial plan that demonstrates a viable revenue and expense model for the
period of the proposed term of the agreement. This expense model shall include all of the anticipated
operating and any capital improvement costs. Any fixed capital improvements shall become the
property of the City of Palm Coast upon termination or expiration of the term of the agreement.
The proposer shall include as part of the financial plan proposed fees for City of Palm Coast residents
and non-residents of the City of Palm Coast. The proposer shall include as part of the tee time policy a
proposed lead time for requesting tee times for residents and non-residents. The actual fees and tee time
policy may be modified upon final contract negotiations with the selected proposer. The proposer will
have a stipulation in contract that states if Flagler County provides funding for a permanent clubhouse
then all Flagler County residents will pay the Palm Coast resident fee and all others will be considered
non-residents. The proposer shall define how a resident will be determined/confirmed. The Proposer
shall identify how and when rate increases for membership fees, green fees, cart rentals, driving range
fees will be determined. All rate increases will require review and approval of the City prior to being
implemented.
The Proposer shall provide financial statements – i.e. audited annual financial reports, for the previous
three (3) years.
A Reports:
Monthly reports of activities shall be submitted to the Director of Recreation and Parks by the 15th
of each month. Reports can be in the form developed by the Proposer and approved by the Director
of Recreation and Parks. Reports to be submitted include but are not limited to the following
1) Gross Revenue Statement
2) Sales Tax Report
3. Staff Vacancies
4) Maintenance Conditions Report
5) Rounds of Golf
6) Expenditures Statement
Within 90 days after each fiscal year an annual report of the golf course activities, revenues,
improvements and conditions must be prepared by the Proposer for review by the City Council and
will include but are not limited to the following:
1) Revenue Report
2) Capital Improvement Status
3) Equipment Inventory
4) Organizational Chart
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5) Rounds of Golf Report
6) Expenditures Statement broken out by standard expenditure classifications
7) Marketing Plan and Performance Report
Said statement shall be certified as true, accurate and complete by the Proposer, by and through a
duly authorized independent Certified Public Accountant. The Director of Parks may take any action
necessary to monitor the progress of the contract if deemed in the best interests of the City.
B Cost/Compensation
 Option A: Management Fee
The proposer shall submit a description of the management fees they propose the City to pay
for their services. The fee can be structured to include a base fee plus incentives or a simple
monthly fee for all services contemplated herein. The proposed fee structure should also
identify future year adjustments. The management fee will be payable to the Proposer in
monthly increments, paid for by the operating revenues of the Club. The Proposer agrees to
provide management and operational services at the Golf Club for the following fees based
upon a five-year term. Options to extend the five-year agreement will be evaluated and, if
agreed to by both parties may be included in the final agreement:
Year 1
$_______________
Year 2
$_______________
Year 3
$_______________
Year 4
$_______________
Year 5
$_______________
* Proposers must identify the financial relationship that will exist between the corporation
and the Club. Include a description of the methods used to transfer funds from the Club’s
operating accounts to corporate accounts, what amounts will be transferred, and how
often will the transfers be made.
** The proposal shall include a detailed narrative description of the relationship and
services being offered.
*** The proposer will be responsible for including all costs associated with assisting the City
in setting up policies, procedures, reports, systems, obtaining and selecting equipment
and any other items and providing projected City costs for the start-up and for the
operation of the Palm Harbor Golf Club.
**** It must be expressly stated here that the City will in no way be obligated to subsidize or
support the operation of the Club by the successful Proposer. The City will not pledge
any revenues, taxes, fees, or other financial resources to pay expenses incurred by the
vendor that enters into a management and operations agreement with the City. The Club
is an Enterprise Fund of the City and as such it must be able to pay all of its financial
obligations, including operational expenses and debt from its own operating revenues. It
will be the complete responsibility of the successful Proposer to insure the Club operates
in a financially responsible manner.

Option B: Other
The City of Palm Coast currently utilizes a management fee system. However, other
plans for compensation such as a lease will be considered. If proposing a lease, base fee
or a percentage of gross revenue, please provide details of this in your proposal. If an
alternate method for calculating compensation is proposed, the proposer shall provide
details of that method.
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Capital Improvement Plans
The undersigned agrees that the dollar amount of Capital Improvements shall not be less than:
Year 1 $_______________
Year 2 $_______________
Year 3 $_______________
Year 4 $_______________
Year 5 $_______________
Year 6 $_______________
Year 7 $_______________
Year 8 $_______________
Year 9 $_______________
Year 10 $_______________
*If a Lease option is submitted then the length of Capital Improvement Plan shall be the same as Lease period.
It will be the responsibility of the Proposer to determine what capital projects are needed to improve the overall
operation and maintenance of the Club. The successful Proposer will be expected to insure that the minimum
amount for capital projects is adequately funded within the annual operating and capital budget approved by the
City each year. Proposals should also include a description of the projects they believe will be necessary to
maintain the long-term viability of the Club.
5.
PROFESSIONAL QUALIFICATIONS
B Staffing Levels
Proposer shall include a staffing plan for the Palm Harbor Golf Club and shall indicate the
following:
 The general level of staffing the organization intends to provide.
 When certified Professional Golf Association (PGA) and Golf Course Superintendents of
America (GCSAA) professionals would be used.
 If positions are filled with other professionals that have some level of certification please indicate
those certifications and the positions to which the certifications apply.
 An organizational chart is a required submittal. Provide an organizational summary that will
highlight the experience and the role of the individuals who will be directly involved in the
management of the Palm Harbor Golf Club. Include a listing of all personnel that will be
assigned to the project along with a summary of their qualifications and specific responsibilities
for the project.
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Section 4 –
Evaluation of Qualifications/Proposals and Award
The City shall negotiate the award to the responsive and responsible proposer who submits a proposal package
that is most advantageous to the City. The City Manager will appoint an Evaluation Committee to evaluate
proposals. In determining the most advantageous proposal, the City reserves the right to consider criteria such
as, but not limited to, cost, customer service, utility, quality/workmanship, standardization, past experience,
delivery, discount, past performance and/or service reputation, and service capability. The City may opt to
establish alternate selection criteria to protect its best interest or meet performance or operational standards.
Each Evaluation Committee member will evaluate the below factors to determine which Proposers will be
short-listed. Each member will assign a criterion score ranging from the minimum points scale allowed to the
maximum points scale allowed for each rating factor.
The City Purchasing & Contracts Management Division will compile the scores from each Evaluation
Committee member for each Proposer.
After accumulating the members’ scores, the firm with the highest score shall be ranked first, the next highest
shall be ranked second, and so on. The City Purchasing & Contracts Management Division will then drop the
highest and lowest ranking for each Proposer at which time the remaining rankings will be totaled and a Final
Ranking will be calculated.
The City reserves the right to contact references provided by the Proposer or visit operations listed in the RFP.
Information supplied by client references or obtained upon site visits may be used in determining the relative
merits of the Proposer under any and all of the Evaluation Criteria.
The right is reserved to make a separate award of each item, group of items or all items, and to make an award,
in whole or in part, whichever is deemed in the best interest of the City.
Technical Evaluations
Technical evaluations will be based upon the ability of the proposer to meet or exceed the requirements set forth
in the specifications. Estimates concerning the ability of the contractors to perform accordingly shall be made
by the City of Palm Coast.
a) The ability, capacity, skill and organization of the proposer to perform as proposed.
b) The character, integrity, reputation, judgment, experience, and efficiency of the proposer.
c) Any other applicable technical/physical characteristics of the Proposal as deemed relevant by the City of
Palm Coast.
d) Any other relative factors.
Qualification Evaluation
Proposal packages will be reviewed and evaluated by a Selection Committee. Financial criteria will be
evaluated only by Committee Members in the Finance Department, not by all members of the Selection
Committee. Proposal packages will be reviewed and evaluated in accordance with the following criteria and
weighting factors:
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Qualification Evaluation
Experience (0 – 25 points)
Respondent shall exhibit the capabilities, experience and adequate professional staff to effectively develop and
manage a project of this type demonstrating experience of firm management of municipal or public golf
courses. Knowledge and experience of public golf course management is required.
Below Average……………0 to 5 Points
Average……………...…….6 to 10 Points
Above Average……….......11 to 15 Points
Well Above Average…..…16 to 20 Points
Outstanding……….…..….21 to 25 Points
Proposed Management, Operations & Maintenance Plan (0 – 30 points)
Operating plan, maintenance and management approach as well as performance guarantees. Proposals that are
most likely to increase usage of the golf course and to improve the golfing experience of the citizens for a
reasonable fee will earn maximum points.
Below Average……………0 to 6 Points
Average……………...…….7 to 12 Points
Above Average……….......13 to 18 Points
Well Above Average…..…19 to 24 Points
Outstanding……….…..….25 to 30 Points
Financial Plan (0 – 25 points)
The financial plan and financial resources of the proposer.
Below Average……………0 to 5 Points
Average……………...…….6 to 10 Points
Above Average……….......11 to 15 Points
Well Above Average…..…16 to 20 Points
Outstanding……….…..….21 to 25 Points
Professional Qualifications (0 – 20 points)
Identify the project team members and provide their contact information, technical resumes, and any
professional certifications. No changes to any primary staff including but not limited to the general manager,
golf course superintendent, or golf pro(s), team members will be allowed after submittal of Proposal unless
justification based upon extreme circumstances is provided and proposed replacement is reviewed and approved
by the City
Below Average……………0 to 4 Points
Average……………...…….5 to 8 Points
Above Average………....... 9 to 12 Points
Well Above Average…..…13 to 16 Points
Outstanding……….…..….17 to 20 Points
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Consistent with the City of Palm Coast Ordinance 2007-17, the City may give a preference to local businesses
in awarding contracts. A business located within the City limits shall receive the bid preference as set forth in
the Ordinance; however, if no bidder is located within the City limits, the bid preference may be given to a
business located within Flagler County. In evaluating Requests For Qualifications/Proposals, local businesses
shall be assigned 5% of the total points available (100 x .05 = 5 points).
The successful firm(s) will be paid no more frequently than on a monthly basis, upon receipt of a valid invoice
or statement.
SELECTION PROCESS
In general, the City wishes to avoid the expense to the City and to proposers of unnecessary presentations.
Therefore, the City shall make every reasonable effort to achieve the ranking using written submittals alone. If
no single top-ranked firm can be clearly identified by review of the written submittals alone, then the
evaluator(s) may request the Purchasing & Contract Management Division to schedule the top ranked firm(s)
for presentations/interviews.
Formal Oral Presentations/Interviews (If Required)
The City may choose to conduct oral interviews with, or receive oral presentations from, one or more of the
proposers. If the City chooses to allow oral interviews and/or presentations, such interviews or oral
presentations will open to the public. If oral presentations or interviews are held, the following guidelines will
be used.
The City’s Purchasing & Contracts Management Division shall establish the schedule and Proposers will be
notified at least seven (7) calendar days in advance of the date, time and place of the presentations. The specific
format of each presentation will be provided to Proposers with the notifications.
The City shall allot equal time for each Proposer divided into three sequential parts: formal presentations,
questions/answers, and discussion.
Oral presentations will provide an opportunity for the Proposers to demonstrate their ability to use time
efficiently, effectively and economically. The times allotted are maximums and no firm will be penalized for
using less than the allotted time.
Recommendation and Approval of Ranking
The City shall rank all complete written proposals and/or formal oral presentations/interviews in order of
preference and submit this ranking as its final recommendation to the City Manager. In the event that the
proposals exceed $30,000, the City Manager shall make a recommendation to the City Council. The City
Council’s decision will be final.
NEGOTIATION AND FEE SCHEDULE:
A “Fee Schedule” will be negotiated and agreed upon at the time of execution of each contract and will be part
of each contract. All payments, fees, reimbursements, and costs will be based on the fee schedule established
for the successful Proposer(s). The Fee Schedule will designate the hourly rate/unit rates for each staff member
with their name and/or position title specified. The fee schedule may not be deviated from without the prior
consent of the City Manager.
Page 40 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
The City may award a contract on the basis of initial offers received, without discussion, or may require
Proposers to give oral presentations based on their Proposals. The City reserves the right to enter into
negotiations, including price, with the top-ranked proposer, and if the City and the top-ranked Proposer cannot
negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with
the second-ranked Proposer. This process may continue until a contract has been executed or all Proposals have
been rejected. No Proposer shall have any rights in the subject project against the City arising from such
negotiations.
Page 41 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Section 5 Qualification
Project Number: RFP-PR-14-02
Project Name: Palm Harbor Golf Club Management, Operations and Maintenance Services
Name of Proposer (firm): _____________________________________________________________________
Representative (printed): _____________________________________________________________________
Mailing Address: ___________________________________________________________________________
Street Address: _____________________________________________________________________________
City/State/Zip: _____________________________________________________________________________
Phone Number: (_______) ____________________________________________________________________
FAX Number: (________) ____________________________________________________________________
Pursuant to and in compliance with the Request for Qualifications, Instructions to Proposers, and the
other documents relating thereto, the undersigned Proposer, having familiarized himself with the terms of the
Contract Documents, local conditions affecting the performance of the Work, and the cost of the Work at the
places where the Work is to be done, hereby proposes and agrees to perform the Work and complete in a
workmanlike manner, all of the Work required in connection with the required services, all in strict conformity
Contract Documents, including Addenda Nos. _____________ through_____________(which must be turned
in with the RFP), on file at the Purchasing & Contract Management Division for the amount hereinafter set
forth.
The undersigned, as Proposer, declares that the only persons or parties interested in this Proposal as
principals are those named herein; that this Proposal is made without collusion with any person, firm or
corporation; and he proposes and agrees, if the Proposal is accepted, that he/she shall execute an agreement with
the City in the form set forth in the Contract Documents; that he/she shall furnish insurance certificates, that he
is aware that failure to properly comply with the requirements set out in the "Instructions to Proposers" and
elsewhere in the Contract Documents may result in a finding that the Proposer is non-responsive.
IN WITNESS WHEREOF, PROPOSER has hereunto executed this FORM this _________ day of
______________, 20_____.
______________________________
(Name of PROPOSER)
____________________________________
(Signature of person signing FORM)
____________________________________
(Printed name of person signing FORM)
____________________________________
(Title of person signing FORM)
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 42 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment A
Proposer’s Certification
I have carefully examined the Request for Proposals, Instructions to Proposers, General and/or Special
Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or
made a part of this Request for Proposals.
I hereby propose to furnish the goods or services specified in the Request for Proposals at the prices,
rates or discounts quoted in my Proposal. I agree that my Proposal will remain firm for a period of up to ninety
(90) days in order to allow the City adequate time to evaluate the Proposal.
I agree to abide by all conditions of this Proposal and understand that a background investigation may be
conducted by the Flagler County Sheriff’s Department prior to award.
I certify that all information contained in this Proposal is truthful to the best of my knowledge and
belief. I further certify that I am duly authorized to submit this Proposal on behalf of the vendor/contractor as
its act and deed and that the vendor/contractor is ready, willing and able to perform if awarded the contract.
I further certify, under oath, that this Proposal is made without prior understanding, agreement,
connection, discussion, or collusion with any other person, firm or corporation submitting a Proposal for the
same product or service; no officer, employee or agent of the City of Palm Coast Government or of any other
Proposer interested in said Proposals; and that the undersigned executed this Proposer's Certification with full
knowledge and understanding of the matters therein contained and was duly authorized to do so.
Name of Business
Sworn to and subscribed before me
By:
This
day of
Signature
20
Name & Title, Typed or Printed
Signature of Notary
Notary Public, State of
Mailing Address
City, State, Zip Code
( )
Telephone Number
Personally Known
-ORProduced Identification
Type:
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 43 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment B
Conflict of Interest Statement
STATE OF FLORIDA
)
) ss
City OF ____________________
)
Before
me,
the
undersigned
authority,
personally
__________________________________________, who was duly sworn, deposes, and states:
appeared
1.
I am the ___________________________ of __________________________________ with a
local office in ______________________ and principal office in ________________________________.
2.
The above named entity is submitting an Expression of Interest for the City of Palm Coast
project described as RFP-PR-14-02 – Palm Harbor Golf Club Management Operations & Maintenance
Services.
3.
The Affiant has made diligent inquiry and provides the information contained in this Affidavit
based upon his own knowledge.
4.
The Affiant states that only one submittal for the above project is being submitted and that the
above named entity has no financial interest in other entities submitting Proposals for the same project.
5.
Neither the Affiant nor the above named entity has directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in
connection with the entity's submittal for the above project. This statement restricts the discussion of pricing
data until the completion of negotiations and execution of the Contract for this project.
6.
Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or
otherwise ineligible from participating in contract lettings by any local, state, or federal agency.
7.
Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict
of interest due to any other clients, contracts, or property interests for this project.
8.
I certify that no member of the entity's ownership, management, or staff has a vested interest in
any aspect of or Department of City of Palm Coast.
9.
I certify that no member of the entity's ownership or management is presently applying for an
employee position or actively seeking an elected position with City of Palm Coast.
Continued on next page.
Page 44 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment B
Conflict of Interest Statement (Continued)
10.
In the event that a conflict of interest is identified in the provision of services, I, on behalf of the
above named entity, will immediately notify City of Palm Coast in writing.
DATED this ______ day of _____________, 20____.
__________________________________________
Signature of Affiant
__________________________________________
Typed/Printed Name of Affiant
__________________________________________
Title
Sworn to and subscribed before me this ___________ day of ______________________, 20______.
Personally known________ or produced identification___________________________ (type of identification).
Notary Public - State of ________________
__________________________________________________________
My commission expires_______________________
__________________________________________________________
(Printed typed or stamped commissioned name of notary public)
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 45 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment C
Compliance with the Public Records Law
Upon award recommendation or ten (10) days after receiving, submittals become "public records" and shall be
subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the
exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other
materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary.
The submission of a Qualification authorizes release of your firm’s credit data to City of Palm Coast.
If the company submits information exempt from public disclosure, the company must identify with specificity
which pages/paragraphs of their Qualification package are exempt from the Public Records Act, identifying the
specific exemption section that applies to each. The protected information must be submitted to the City in a
separate envelope marked accordingly.
By submitting a response to this solicitation, the company agrees to defend the City in the event we are forced
to litigate the public records status of the company’s documents.
Company Name: _______________________________________________________
Authorized representative (printed): ________________________________________
Authorized representative (signature): ______________________________________
Date: ______________________________
Project Number: RFP-PR-14-02 – Palm Harbor Golf Club Management Operations and Maintenance
Services
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL
Page 46 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment D
Drug-Free Work Place Form
The undersigned vendor in accordance with
__________________________________ does:
(Name of Business)
Florida
statute
287.087
hereby
certifies
that
1.
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2.
Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3.
Give each employee engaged in providing the commodities or contractual services that are proposed a
copy of the statement specified in subsection (1).
4.
In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Qualification, the employee shall propose by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community, by any employee who is so convicted.
6.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
_________________________________________
Signature
_________________________________________
Print Name & Title
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPSAL.
Page 47 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment E
Americans with Disabilities Act Affidavit
The undersigned CONTRACTOR swears that the information herein contained is true and correct and that none
of the information supplied was for the purpose of defrauding the City.
The CONTRACTOR shall not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for employment is
qualified. The CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant
to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall
the City be held liable for the actions or omissions of the CONTRACTOR or any other party or parties to the
Contract for failure to comply with the ADA. The CONTRACTOR agrees to hold harmless and indemnify the
City, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of
every kind or character, whether in law or equity, resulting from the CONTRACTOR's acts or omissions in
connection with the ADA.
CONTRACTOR:
__________________________________________
Signature:
__________________________________________
Printed Name:
__________________________________________
Title:
__________________________________________
Date:
__________________________________________
Affix Corporate Seal
STATE OF
COUNTY OF
)
) ss
)
The foregoing instrument was acknowledged before me this _____________ day
of_________________,
20____,
by___________________________________
of
__________________________________________________ firm), on behalf of the firm. He/She is
personally known to me or has produced _______________________________________ identification.
_____________________________________________
Print name_____________________________________
Notary Public in and for the County
and State Aforementioned
My commission expires:_________________________
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 48 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment F
Summary of Litigation and License Sanctions
*If not applicable, please state so.
Litigation: Provide a summary of all litigation, claim(s), or contract dispute(s) filed by or against the Bidder in
the past five (5) years that are related to the services the Bidder provides in the regular course of business. The
summary shall state the nature of the litigation, claim or contract dispute, a brief description of the case, the
outcome or projected outcome, and monetary amounts involved.
License Sanctions: List any regulatory or license agency sanctions within the past five (5) years.
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 49 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment G
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion –
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017.510 Participants responsibilities. The regulations were published as
Part IV of the January 30, 1989, Federal Register (pages 4722 – 4733)
***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE ****
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attached an explanation to this proposal.
--------------------------------------------------------Organization Name
------------------------------------------------------------RFP-PR-14-02
Palm Harbor Golf Club Management
Operations and Maintenance Services
Names and Titles of Authorized Representative(s)
----------------------------------------------------------------Signature(s)
-----------------------------------------------------Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 50 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
INSTRUCTIONS FOR DEBARMENT CERTIFICATION
1. By signing and submitting this form, the prospective lower tier participant is providing the certification set
out herein in accordance with these instructions.
2. The Certification in this clause is material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department of agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction”, “debarred”, “suspended”, ineligible, “lower tier covered transaction”,
“participant”, “person”, “primary covered transaction”, “principal”, “proposal”, “voluntarily exclude”, as
used this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining copy of theses regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause
titles “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transactions”, without modification in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a perspective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Non-procurement List.
8. Nothing contained in the foregoing shall be construed to required establishment of a system of records in
order to render in good faith and certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction may pursue
available remedies, including suspension and/or debarment.
Page 51 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment H
Certificate Of Corporation
*Dates Not Required Until Award of Contract.
Please include a copy of your Certificate of Corporation from the State of Florida with this attachment.
STATE OF FLORIDA
COUNTY OF
FEI NUMBER ___________________________________
I HEREBY CERTIFY that a meeting of the Board of Directors of
the laws of the State of
, was held on
, 20
passed and adopted:
, a corporation under
. The following resolution was duly
“RESOLVED, that
as
President of the corporation is hereby authorized to execute the Contract dated
_____ ,
20_____, between The City of Palm Coast, a municipal corporation and this corporation, and that execution
thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and
deed of this corporation.”
I further certify that said resolution is now in full force and effect.
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the corporation
This
day of
, 20
.
______________________________________
Corporate Secretary (printed)
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 52 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment I
Public Entity Crime Form
Any person or affiliate who has been placed on the convicted vendor list following a conviction to a public
entity may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor supplier, subcontractor or consultant under a contract with a public entity, and
may not transact business with any public entity in excess of the threshold amount provided in Section 287.017
for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list.
______________________________ Authorized Agent or Official for _______________________________
by signing below hereby certifies that neither he/she nor the firm of __________________________________
is or has been placed on the convicted vendor list, now or within the period of thirty six (36) months.
Signed By: ____________________________________________
President/Authorized Agent or Official
Witnessed By: _________________________________________
State Of: _____________________________________________
County Of: ___________________________________________
The foregoing instrument was acknowledged before me this _______ day of __________________, 20____, by
______________________________, President, Authorized Agent or Official of ________________________,
a Florida Company, who is personally known to me or who has produced __________________________ as
identification and who did (did not) take an oath.
____________________________________
Notary Public, State of Florida
Commission No. ______________________
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 53 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Attachment J
Vendor Certification Regarding Scrutinized Companies List
*If bid amount is less than one million dollars ($1,000,000), this form is not required.
Respondent Vendor’s Name: __________________________________________________________________
Vendor FEIN: ______________________________________________________________________________
Authorized Representative’s Name: ____________________________________________________________
Authorized Representative’s Title: _____________________________________________________________
Address: __________________________________________________________________________________
City: __________________________________________________ State: _________ Zip: ________________
Phone Number: ____________________________________________________________________________
Fax Number: ______________________________________________________________________________
Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of
one million dollars ($1,000,000) or more that are on either the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both Lists are
created pursuant to section 215.473, Florida Statutes.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in
the section entitled “Respondent Vendor’s Name” is not listed on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may
subject the company to civil penalties, attorney’s fees, and/or costs.
Certified By: ______________________________________________________________________________,
who is authorized to sign on behalf of the above referenced company.
Authorized Signature: _______________________________________________________________________
Print Name & Title: _________________________________________________________________________
Date: _____________________________________________________________________________________
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
Page 54 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Financial Plan
*To be provided separately.
Option A: Management Fee
The proposer shall submit a description of the management fees they propose the City to pay for their services.
The fee can be structured to include a base fee plus incentives or a simple monthly fee for all services
contemplated herein. The proposed fee structure should also identify future year adjustments. The
management fee will be payable to the Proposer in monthly increments, paid for by the operating revenues of
the Club. The Proposer agrees to provide management and operational services at the Golf Club for the
following fees based upon a five-year term. Options to extend the five-year agreement will be evaluated and, if
agreed to by both parties may be included in the final agreement:
Year 1 $_______________
Year 2 $_______________
Year 3 $_______________
Year 4 $_______________
Year 5 $_______________
*Proposers must identify the financial relationship that will exist between the corporation and the Club.
Include a description of the methods used to transfer funds from the Club’s operating accounts to corporate
accounts, what amounts will be transferred, and how often will the transfers be made.
*The proposal shall include a detailed narrative description of the relationship and services being offered.
*The proposer will be responsible for including all costs associated with assisting the City in setting up
policies, procedures, reports, systems, obtaining and selecting equipment and any other items and providing
projected City costs for the start-up and for the operation of the Palm Harbor Golf Club.
*It must be expressly stated here that the City will in no way be obligated to subsidize or support the operation
of the Club by the successful Proposer. The City will not pledge any revenues, taxes, fees, or other financial
resources to pay expenses incurred by the vendor that enters into a management and operations agreement with
the City. The Club is an Enterprise Fund of the City and as such it must be able to pay all of its financial
obligations, including operational expenses and debt from its own operating revenues. It will be the complete
responsibility of the successful Proposer to insure the Club operates in a financially responsible manner.
Option B: Other
The City of Palm Coast currently utilizes a management fee system. However, other plans for compensation
such as a lease will be considered. If proposing a lease, base fee or a percentage of gross revenue, please
provide details of this in your proposal. If an alternate method for calculating compensation is proposed, the
proposer shall provide details of that method.
Capital Improvement Plans
The undersigned agrees that the dollar amount of Capital Improvements shall not be less than:
Year 1 $_______________
Year 2 $_______________
Year 3 $_______________
Page 55 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
Year 4 $_______________
Year 5 $_______________
Year 6 $_______________
Year 7 $_______________
Year 8 $_______________
Year 9 $_______________
Year 10 $_______________
*If a Lease option is submitted then the length of Capital Improvement Plan shall be the same as Lease period.
It will be the responsibility of the Proposer to determine what capital projects are needed to improve the overall
operation and maintenance of the Club. The successful Proposer will be expected to insure that the minimum
amount for capital projects is adequately funded within the annual operating and capital budget approved by the
City each year. Proposals should also include a description of the projects they believe will be necessary to
maintain the long-term viability of the Club.
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL
Page 56 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services
CONTRACT
The chosen respondent will be asked to provide a sample contract. To meet the needs of the City, the
contract provided may be need to be revised during negotiations.
Page 57 of 57
RFP-PR-14-02 - Palm Harbor Golf Club Management, Operations and Maintenance Services