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HomeMy WebLinkAboutAgreement with Professional Course Management II, LTD. aoi30S- 73 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND PROFESSIONAL COURSE MANAGEMENT II, LTD. FOR GOLF COURSE OPERATION AND MANAGEMENT SERVICES (INCLUDING FOOD AND BEVERAGE AND PRO SHOP MERCHANDISE SALES) OF THE MIAMI BEACH GOLF CLUB AND THE NORMANDY SHORES GOLF CLUB THIS AGREEMENT made and entered into as of this f day of 007 , 2019 with an effective date of October 1, 2018 ("Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its address at 1700 Convention Center Drive, Miami Beach, Florida (hereinafter the "City"), and PROFESSIONAL COURSE MANAGEMENT II, LTD. (PCM), a Florida limited partnership, having its principal address at 12000 Biscayne Blvd., Suite 810, Miami, FL 33181 (hereinafter"Manager"). WHEREAS, the City is responsible for the operation of its golf courses for the use and benefit of the public; and • WHEREAS, the City desires to continue providing professional golf services for the convenience and enjoyment of the public; and WHEREAS, the City desires a professional manager capable of assuming the complete operation (including Food and Beverage and Pro Shop Merchandise Sales) of the Miami Beach Golf Club and the Normandy Shores Golf Club, including all related facilities thereto; and WHEREAS, on September 12, 2018, the Mayor and City Commission authorized the extension of the current agreement with PCM for a period not to exceed 90 days or until such time as a new agreement is executed, whichever occurred first; and WHEREAS, on October 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30573, accepting the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No. 2018-186-WG (the "RFP") for golf courses operation and management services, and authorizing the City Manager to negotiate a contract with PCM; and WHEREAS, accordingly, the City and Manager have negotiated the following Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: The City hereby grants to PCM, and PCM hereby accepts from the City, the exclusive right to operate and manage (including Food and Beverage and Pro Shop Merchandise Sales) the Miami Beach Golf Club and the Normandy Shores Golf Club, including all related facilities thereto (hereinafter, referred to collectively as the "Golf Courses," the "Premises", and/or the "Golf Courses and Related Facilities"), in conformance with the purposes and for the period stated herein, and subject to all the terms and conditions herein contained. ARTICLE 1 DEFINITIONS As used herein, the following words and phrases shall have the meanings set forth below: 1.01 Director: "Director" means the City's Parks and Recreation Department Director, and any of his authorized representatives. 1.02 Business Year: "Business Year" means the City's Fiscal Year, commencing October 1 and ending September 30. 1.03 Golf Courses/Premises and/or Golf Courses and Related Facilities: "Golf Courses," "Premises," and/or"Golf Courses and Related Facilities" means any area where PCM activities are carried out with regard to this Agreement. This shall include, but not be limited to, buildings, non-building improvements, landscaping and equipment on the property designated as the Miami Beach Golf Club and/or the Normandy Shores Golf Club, as generally depicted on the site maps which are part of composite Exhibit "A", attached hereto. Should Manager and City disagree regarding whether a particular site and/or item shall be considered part of the Golf Courses, Premises, and/or Golf Courses and Related Facilities, the Director's decision shall prevail. 1.04 Auditor: "Auditor" refers to member(s) of the City's accounting staff, an inspector general retained or appointed by the City, or professionally qualified consultants employed by the City to conduct an audit. 1.05 Operating Expenses "Operating Expenses" are all costs and expenses necessary to the operation of the Golf Courses in the ordinary course of business as approved by City in City's annual budget including, 'without limitation, the cost and fees of the Auditor; insurance; utilities; any Management Fee as provided in Article 11; and other costs set forth in the Operating Budget. Operating Expenses shall be determined in accordance with generally accepted accounting principles consistently applied. Operating Expenses shall not include any profit increment to Manager or its associates. Profit to Manager, if any, is included within the Management Fee specified in Article 11 herein. 1.06 Operating Revenues: "Operating Revenues" means any and all gross revenues of every kind or return, whether made or provided upon the basis of cash payments or on credit (whether collected or not), derived from sales and services made or provided for the City in connection with Manager's operation, maintenance and promotion of the Golf Courses including, without limitation, the five percent (5%) of gross revenues for Food and Beverage and Pro Shop sales; provided, however, there shall be excluded or deducted, as the case may be, from gross revenues the following: 2 A. All sales taxes, and retailers' excise taxes, paid or collected by or payable by PCM, but only if such taxes are added to the selling price and separately stated from to the selling price of merchandise or services, and collected from customers. B. All bona fide credits or refunds made by PCM to customers in regard to merchandise sold or services provided by PCM. C. All sums or credits received in settlement of claims for loss or damage to merchandise and assets. 1.07 Operating Surplus: Operating Revenues less Operating Expenses and cost of goods sold and management fees, as set forth in the Operating Budget, and other authorized expenditures other than PCM expenses. 1.08 Operations: The business and commercial operations and affairs in the ordinary courses of business of the Golf Courses. 1.09 Operating Budget: Operating Budget is a schedule of all anticipated revenues and all estimated expenses for operations at the Golf Courses for each City fiscal year period, beginning October 1 and ending September 30, as developed by Manager and approved by City. 1.10 Facility Capital Improvement: Any construction project which extends the useful life and/or increases the capacity of the Golf Courses. For purposes of this Agreement, weeding and replacement or renovation of sod or grass shall not be considered a capital improvement. 1.11 Term Clarification: In the event of any conflict in the definition or interpretation of any word, responsibility, service or schedule between this Agreement and the exhibits attached hereto, said conflict or inconsistency shall be resolved by giving precedence in the following order: first to the Agreement, then to the exhibits to the Agreement. ARTICLE 2 Miami Beach Golf Club and the Normandy Shores Golf Club/Premises 2.01 Golf Courses Ownership and Name The Golf Courses consist of lands owned in fee by the City. The name of the Golf Courses shall remain the same unless changed by the City. 3 2.02 Use of Golf Courses The Premises, as shown on the site maps which are attached as Exhibits "A-1" and "A-2", shall be used only and exclusively for Golf Course operations (as defined in Section 6.01) and for such other, related purposes for which express approval is granted by the Director, and for no other purpose whatsoever. 2.03 Manager's Acceptance of Physical Condition PCM herein accepts the Golf Courses, in their "AS IS" physical condition as of the date of execution of this Agreement by the parties hereto (which shall be the Effective Date on page 1 hereof), and agrees to make no demand upon the City for any improvements or alterations thereof. 2.04 Approval Required for Alterations Any improvements, additions, alterations or changes to the Golf Courses shall be subject to prior written approval by the Director, securing of applicable permits, and compliance with such terms and conditions as may be imposed thereon by the City. 2.05 No Property Interest of Manager PCM hereby acknowledges the title of the City in and to the Golf Courses, and covenants and agrees never to assail, contest or resist said title, nor to assert with respect thereto any property interest of Manager. 2.06 Ownership of Improvements Ownership of all existing structures, and of all structures, buildings and/or improvements constructed by the City or by PCM upon the Golf Courses, and all alterations, additions or betterments thereto, shall immediately vest and be vested in the City at all times during and after the term hereof. The City shall retain at all times the right to possession of such structures, buildings and/or improvements. ARTICLE 3 Scope of Services 3.01 Subject to the terms of this Agreement, Manager shall have the exclusive right, license, privilege, and duty to operate, manage, maintain, and promote the Golf Courses in a manner consistent with the City's policies and procedures and the operations of other similar first-class facilities. The scope of services shall include but not be limited to: 3.01.1 overall Golf Courses management: a. Pro shop operations b. starter services c. tee time reservations d. marshaling Services e. cart rentals and operations f. driving range operations g. food and beverage service h. grounds/buildings and equipment maintenance to City's specifications and manufacturers' specifications 4 clubhouse maintenance and operation j. development of golf training programs k. booking of national and international golf tournaments securing, execution and monitoring of agreements with Miami Beach hotels for use of the Golf Courses (if approved by the City) 3.01.2 collection and accounting of all revenues. 3.01.3 payment and accounting of all expenses in a timely manner using the City's Financial System: Munis. 3.01.4 formulation and implementation of operating programs, business plans, and budgets. 3.01.5 hiring and management of personnel including employment, training, and terminations for the Golf Courses. 3.01.6 preparation of monthly and annual financial operating statements. 3.01.7 maintenance of the Golf Courses, and all buildings, equipment, utilities, and all appurtenances thereon, in conformity with City's specifications and manufacturers' specifications. 3.01.8 planning and execution of advertising and marketing programs for the Golf Courses. 3.01.9 attendance to all other matters necessary or expedient for the efficient operation of the Golf Courses, including community meetings. 3.01.0 maintenance an annual inventory of all City-owned and/or provided equipment, property and merchandise at the Golf Courses, said inventory list shall be available to the Director upon request. 3.02 The Manager shall have the right of first refusal to provide such optional services, if any, as may from time to time be requested by the Director. 3.03 The Manager shall operate the Golf Courses every day, including Sundays and holidays, and during such hours as are specified by the Director. Closure is permitted only with the prior approval of the Director, except for inclement weather in which case the Manager, in his reasonable discretion, shall determine closure, and such closure shall be further subject to Section 6.10.2. 3.04 Public Benefit: 3.04.1 The Manager shall conduct Junior Golf Programs/Instruction to the public. The Junior Golf Programs shall be conducted in accordance with the program plan established by the City of Miami Beach Parks and Recreation Department. The programs/instruction shall be free of charge or at a reduced cost as agreed upon by the Director for City of Miami Beach youth participating in the Parks and Recreation Department's programs. 5 3.04.2 The Manager agrees to organize and manage an annual golf tournament specifically developed to raise funds necessary to continue offering the Junior Golf Programs for City of Miami Beach youth participating in the Parks and Recreation Department's programs. 3.04.3 The Manager shall also offer Spring Break Camps and Summer Camps as approved by the Director. 3.04.4 The Manager shall provide year-round (in-season and off-season) practice and playing privileges for the Miami Beach Senior High School and the Nautilus Middle School golf teams, subject to practice facility and golf course availability, and as agreed upon by the Director and the Manager. These privileges will be at no cost to the City and will include unlimited range/bucket of balls. 3.04.5 The Manager shall not conduct any other non-golf related operations or activities upon the Golf Courses, without the prior written approval of the Director. 3.04.6 Prohibitions Regarding Sale or Use of Expanded Polystyrene Food Service Articles, Single Use Plastic Beverage Straws, and Single- Use Plastic Stirrers. As required pursuant to Sections 82-7 and 82-8 of the City Code, as may be amended from time to time, Manager agrees as follows: 3.04.6.1 Manager hereby agrees and acknowledges that, pursuant to Section 82-7 of the City Code, as may be amended from time to time, Manager agrees not to sell, use, provide food in, or offer the use of expanded polystyrene food service articles (as defined in City Code Section 82-7) in connection with the operation of the Golf Courses. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Manager. 3.04.6.2 Additionally, Manager agrees and acknowledges that, pursuant to Section 82-8 of the City Code, as may be amended from time to time, Manager agrees not to sell, use, provide beverage with, or offer the use of single-use plastic beverage straws or single-use plastic stirrers (as defined in City Code Section 82-8, as may be amended from time to time) in connection with the operation of the Golf Courses. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, providing a beverage with, oroffering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer shall not constitute a default under the Agreement. 3.04.6.3 As additional consideration for this Agreement and as an additional public benefit, regardless of the legal force and effect of 6 the foregoing Sections 82-7 and 82-8 of the City Code, Manager agrees: 3.04.6.3.1 not sell, use, provide food in, or offer the use of expanded polystyrene food service articles at the Golf Courses. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Manager; and 3.04.6.3.2 not sell, use, provide food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers at the Golf Courses. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, Manager shall be permitted to providing a beverage with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. 3.04.7 Annual Contribution. Upon execution of this Agreement and every year thereafter, on the anniversary of the Agreement, Manager shall pay to the City the total sum of $2,500.00 as a donation to the City. ARTICLE 4 City's Responsibilities 4.01 City shall perform the following: 4.01.1. administer all terms and conditions of the final Agreement: 4.01.2. monitor standards and specifications; 4.01.3 review and approve the Operating Budgets for the Golf Courses pursuant to Section 12.03 herein; 4.01.4 review and approve, or disapprove, in advance, and within five (5) Business days from receipt of written notice from the Manager, any and all expenses not previously budgeted; 4.01.5 review and approve, or disapprove, in advance, any improvements, additions or alterations to the existing facilities of the Golf Courses; 4.01.6 provide or make provisions for all equipment needed to operate Golf Courses; 4.01.7 set all fees; and 4.01.8 approve, fund and implement capital improvements. 4.01.9 provide or make provisions for all initial furniture, fixtures and equipment needed to operate the Food and Beverage and Pro Shop Merchandise Sales concession facilities to include: restaurant and bar tables and chairs, kitchen equipment, pots, pans, small wares, china, silver, glassware, pro shop display 7 fixtures, banquet)equipment, office furniture, point of sale system (with sufficient back office capabilities to support the financial reporting requirements of the Agreement), office equipment, telephone equipment, etc. Manager shall be responsible for any and all replacement due to breakage, theft (unless documented by a City Police report) or employee negligence; all paper goods and disposable items such as plastic wares, cups; and costs related to printing of menus, display boards or other promotional materials relating directly to the Manager's operations; 4.01.10 provide for utilities needed to operate the Food and Beverage and Pro Shop Merchandise Sales concession facilities, including electric, gas, water and sewer, telephone,waste removal and pest control; 4.01.11 maintenance and repairs of buildings, parking lots, fixtures and equipment (excluding equipment repairs for which Manager is responsible under the Agreement); and 4.01.12 capital improvements, as deemed necessary by Director: ARTICLE 5 Management Term and Renewal Term 5.01 The initial term of this Agreement shall be for a period of five (5) years, commencing retroactively at 12:01 AM on October 1, 2018, and expiring at midnight on September 30, 2023, unless earlier terminated pursuant to the provisions of this Agreement("Initial Term"). 5.02 The City Manager shall have the right, at its sole option and discretion, to extend this Agreement for two (2) two-year terms (each a "Renewal Term"), by giving written notice to the City Manager of such intention not less than ninety (90) days prior to the expiration of the Initial Term or an exercised Renewal Term.,The Initial Term and any successive Renewal Terms, if approved by the City Manager, may collectively be referred to as the "Term". ARTICLE 6 General Management of Golf Courses 6.01 The Manager recognizes that its operations hereunder are a service to users of the Golf Courses and the public. The Manager shall conduct its operations in a first class, efficient, courteous, and accommodating manner. The Director shall have the right to make reasonable objections to the quality and character of articles sold and,services offered to the public; the prices charged; the appearance and condition of the Golf Courses; and employees utilized by the Manager for its operations. The Manager shall promptly discontinue or remedy any such objectionable practice upon notification by the Director. As referenced in this Agreement, "Golf Course operations" shall refer to all the services described in this Article 6, collectively, for the Golf Courses. 6.02 The Manager shall operate and manage the Miami Beach Golf Club Course and Related Facilities (including, without limitation, the proshop, clubhouse, and food and beverage operations and facilities) in a first class manner, comparable to other first class operations providing similar facilities and services in the area. "First class operations" shall be defined as the operating standards equal to or greater to the Trump National Doral Miami, Turnberry Golf Course and Diplomat Golf Club. The Golf Course and 'Related Facilities at the Normandy Shores Golf Club shall be operated and managed as an upscale residential day play golf club. 8 "Upscale residential day play golf club" shall be defined as the operating standards equal to or greater than the Plantation Preserve Golf Course & Club, the Biltmore Golf Course or Crandon Golf at Key Biscayne. 6.03 Payment Card Industry Data Security Standards ("PCI DSS") Since Manager engages in payment card transactions pursuant to a City merchant account as part of the services provided to the City, Manager must comply with the Payment Card Industry Data Security Standards ("PCI DSS") and any amendments or restatements of the PCI DSS during the Term of this Agreement. Manager accepts responsibility for the security of customer cardholder data in its possession, even if all or a portion of the services to the City are subcontracted to third parties. Manager must report their PCI Compliance status on the scope of services that they provide by sending the City their completed PCI DSS Service Provider Self- Assessment Questionnaire (SAQ-D for Services Providers) and Attestation of Compliance (AOC) on a yearly basis, pursuant to the requirements of the PCI DSS. The SAQ-D needs to be completed by a PCI Qualified Security Assessor (QSA). Additionally, the City, at the City Manager's sole discretion, may periodically audit Manager to investigate any transactions or confirm that Manager is operating pursuant to the requirements of the PCI DSS. 6.04 Golf Professional Services—General 6.04.1 The Manager shall provide all golf professional services including without limitation, the following: sell, rent, store and/or repair golf equipment; sell golf clothing and supplies; provide instructional services provided by PGA professionals on staff or secured by the Manager in the playing of golf; rent golf carts; and operate a driving range. 6.04 Equipment Rentals The Manager shall provide and maintain for rental an adequate and reasonable inventory of golf equipment, as is deemed necessary by Director to adequately meet the public's need therefor. 6.05 Equipment Repair The Manager shall furnish and maintain proper facilities, equipment and devices for the repair of all types of golf equipment and shall make available to the public such repair services as is deemed necessary by Director to adequately meet the public's need therefore. 6.06 Lessons The Manager shall provide a full range of golf instruction including, but not limited to, beginners to advanced, individual and group, and all age groups. The Manager shall conduct at least three junior golf programs each year for the public in addition to those listed in 3.04. 6.07 Cart Rentals 6.07.1 The Manager shall provide and maintain for rental an adequate number of manually operated golf carts, which in the Director's sole discretion, are deemed necessary to adequately meet the public demand for the same at each of the Golf Courses. 6.07.2 The City shall provide and the Manager shall maintain a minimum of seventy-five (75) power driven carts at the Miami Beach Golf Club, and a minimum of 9 seventy-two (72) power-driven golf carts at the Normandy Shores Golf Club, and shall increase the number of carts provided, if deemed necessary by the Director, to adequately meet the public's need therefore. All of the required power driven carts shall have shade tops, wind shields, bag covers, divot replacement sand and trap rakes. The required power-driven carts at the Miami Beach Golf Club shall also have GPS if determined by the Director to be in the best interest of the City. The fleet shall be properly maintained in a clean and fully functional condition. 6.08 Driving Ranges 6.08.1 The Manager shall be responsible for the operation of the driving range at the Golf Courses and responsible for ensuring the provision and maintenance of all related amenities. 6.08.2 The Manager shall also be responsible for providing maintenance of and any necessary damage repairs to the driving range facilities, in accordance with the standards and specifications contained in Exhibit"B" hereto. 6.09 Starter Services 6.09.1 The Manager shall provide complete golf course starter services, as deemed appropriate by the Director, including but not limited to controlling starting times; taking reservations for tee times; scheduling tournaments; and collecting green fees and all other applicable golf course fees. 6.09.2 The Manager shall operate all equipment and manage the supplies necessary for the operation of the starter system, including but not limited to: player scorecards; cash registers which shall issue a receipt and keep a permanent record for each sale and business transaction; an automated telephone tee time reservation system for utilization at each Golf Course; telephones, wiring and all equipment necessary for the operation of the automated reservation system at each Golf Course; and a computer system which shall be used to transfer to the Director, on a regular basis attendance, sales and detailed accounting records in a format requested by the Director. The current golf booking software used by the City is Fore! Reservation. However, the City may require the Manager change its booking software upon request. 6.09.3 The Manager shall operate and maintain a hotel guest reservation scheduling service and a tournament scheduling services, as deemed appropriate by the Director, including but not limited to reserving tournament dates; processing reservation agreements; arranging for tournament assistance; collecting green fees and other fees associated with tournament play; and supplying other services. Manager shall provide Director, monthly, with a complete list of all proposed tournaments. 6.09.4 The Manager shall honor all contracts for tournaments and banquets as shall be scheduled and approved by the City. Any such events shall be coordinated and scheduled with the Manager so as to not conflict with tournaments scheduled by the Manager pursuant to Section 6.09.3 above, and so as to minimize disruption to the Golf Course operations. 10 6.09.5 The Manager shall be fully responsible for the collection of all green fees, reservation fees, and other monies associated with the operation of the starter system. The Manager shall be solely responsible for depositing fees collected in the bank accounts established pursuant to Section 12.05, and shall also maintain account reconciliations and bookkeeping related to the fee revenues. The Manager shall account for and deliver to the City all such monies due to City in accordance with provisions contained herein. 6.09.6 The Manager shall keep complete records of account with regard to all monies collected hereunder. The Manager shall also be responsible for and shall keep neat, readable starting sheets. The Manager shall, throughout the Term of the final Agreement, comply with Director's policy statement(s) regarding the collection of all fees, reporting requirements for fees collected, and the system of accountability and procedures therefor. All accounting records and starting sheets shall at all times be completely available for examination by the Director, the City's Chief Financial Officer, or other authorized representative. 6.10 Days and Hours of Operation 6.10.1 The Manager shall keep the clubhouses, restaurants/food and beverage services, pro shops and starter's podiums open every day, including Sundays and holidays. The minimum hours of operation shall be from dawn to dusk, with the exception of closures required by weather conditions. Any changes in the days and hours for operation heretofore prescribed shall be subject to the prior written approval of the Director. 6.10.2 With regard to a Golf Course being out of operation, whenever play must be temporarily suspended on a Golf Course due to inclement weather conditions, the decision on when to allow play to resume, and when to allow golf carts to go out on the courses, will be made by the Manager. Notwithstanding the foregoing, in the event of a public health, welfare or safety concern, as determined by the City Manager, in the City Manager's sole discretion, the City Manager, pursuant to a verbal or written notification to the Manager, may partially or completely close the impacted Golf Course until the City Manager determines that the impacted Golf Course, or portion thereof, can be re-opened for use. 6.11 Starter Service Supplies/Equipment The Manager shall provide all necessary golf starter sheets, golf pencils and an adequate number of accurate and attractive color golf scorecards. All of the aforementioned items shall be in form and content approved by the Director. 6.12 Fees The Manager shall charge and collect all Golf Course fees and charges according to a fee schedule approved by the Mayor and the City Commission. City reserves the right to keep or to change the fee schedule, in its sole discretion. The Manager shall have the authority to make temporary rate adjustments during slow periods and/or high profile events with prior approval from the City Manager or the Director. 11 6.13 Concession Services 6.13.1 Manager shall operate, stock and maintain the Food and Beverage and Pro Shop Merchandise Sales concessions for the Golf Courses (the "Concession Services") pursuant to the general scope for concession services contained in this Section 6.13 and this Agreement. The Manager may outsource the management of the Concession Services to a 3rd Party, subject to the prior written approval of the City Manager, in accordance with Article 23; however, the Manager shall remain responsible for all requirements outlined in this scope. Any approved 3rd party operator must meet all business requirements such as insurance, licenses and staffing as outlined in this scope. 6.13.2 The City shall receive five percent of the monthly gross sales revenues generated by the Concession Services, plus the required Florida State Sales and Use Tax ("sales tax"). The Pro Shop Merchandise gross sales revenues are processed through the Fore Reservation System and deposited directly into the City's bank account. The following month, the City reimburses Manager 95% of the deposited Pro Shop Merchandise sales revenues and retains 5% plus applicable sales tax. With respect to the Food and Beverage gross sales revenues, Manager collects all of the Food and Beverage revenue and remits 5% to the City, plus applicable sales tax. 6.13.2.1 Payment shall be due on the fifth day of each month throughout the Term of this Agreement. 6.13.2.2 Manager shall submit a detailed sales report accompanying its monthly payment, but in any event no later than the fifteenth day of the following month. 6.13.2.3 In the event payment as provided herein is not received by the City by the fifth day of each respective month, Manager agrees to pay a service charge of ten (10%) percent of the total amount outstanding plus a late fee in the amount of Twenty Five ($25) Dollars per day until all sums due are received by the City. 6.13.3 The Manager shall prepare and maintain an adequate set of records according to generally accepted accounting principles, documenting all of the Manager's gross revenues. The City has the right to request adjustment to the Manager's accounting principles. 6.13.4 Pro Shop 6.13.4.1 The Manager shall maintain inventory as is deemed necessary by the Director to service the needs of the golfing public, golf outings and tournament play. Inventory shall include at a minimum, the following: clothing with the Miami Beach Golf Club logo for men and women; golf shoes; clubs and bags; and accessories such as balls, hats, gloves, tees, etc. 6.13..2 The Manager shall offer for sale only goods of premium quality and for such goods, the Manager shall charge fair and reasonable prices. Prices shall be set by the Manager and shall be in 12 conformance with the range of prices for the same or similar operations at similar establishments in the South Florida area. When an item has a suggested retail price pre-marked and established by the manufacturer or distributor, the Manager shall not charge the public a price higher than such suggested retail pre-marked price. If, in the sole opinion of the Director, the Manager is charging too high a retail or rental price for any permitted item, the Manager shall reduce the price as stipulated by the Director. 6.13.4.3 The Manager shall staff the facility in a manner consistent with a first-class operation. Said cost of staffing and all related costs shall be paid by the Manager. 6.13.4.4 The City reserves the right to prohibit the sale or rental of any item of merchandise which is deemed objectionable or beyond the scope of this Agreement, as determined by the Director in his sole discretion. 6.13.4.5 The Manager shall at all times post prices for all items offered for sale and all services offered. If, in the sole opinion of the Director, Manager is charging too high a retail or rental price for any permitted item, Manager shall reduce the price to no more than that stipulated by Director. Director shall stipulate price based on that price charged at comparable first class golf facilities in the South Florida area and its environs such as described in Article 6. 6.13.4.6 The Manager shall display and merchandise all items in an attractive manner and insure that goods are properly rotated so as to always present a fresh and appealing appearance. 6.13.4.9 At the end of the Term of this Agreement, or any Renewal Term, or other termination thereof, City agrees to purchase from the Manager Miami Beach Golf Club and Normandy Shores Golf Club logoed merchandise at the cost paid by the Manager for the product, in an aggregate amount not to exceed $20,000.00 for each golf club Pro Shop. Should the value of the inventory being held by the Manager exceed $20,000.00 for either Golf Course Pro Shop in value the Manager agrees to negotiate with the City for remaining inventory. 6.13.5 Sale of Food and Beverages 6.13.5.1 The Manager shall provide for the sale of food and beverages, including beer, wine and alcoholic beverages, and catering services for tournaments, events or groups on the Golf Courses and within the clubhouse restaurant and bar in accordance with the provisions of the Agreement. All food and beverage operations and services shall be of the best quality and provided in the finest manner (based on kitchen/ food preparation facilities provided at each golf club), comparable to other resort or municipal residential golf clubs in the South Florida market providing similar services. 13 • 6.13.5.2 The Manager shall maintain and provide the necessary inventory of food and beverage products required to satisfy the public demand therefore. All such products sold or kept for sale by the Manager shall be first-class in quality, wholesome and pure, and shall conform to the Federal, State and City food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by the Manager, and all food and beverage products kept on hand by the Manager shall be stored and handled with due regard for sanitation. In the event that the food and beverage products are deemed by the Director to be of less than first-class in quality, the Manager may be ordered to, and if so ordered shall, improve the quality of any such food or beverage product kept or offered for sale. 6.13.5.3 The Manager shall staff the facility in a manner consistent with a first-class operation. Said cost of staffing and all related costs shall be paid by the Manager. 6.13.5.4 The Manager shall abide by all City contracts in place, such as the City's agreement with the exclusive beverage bottler, Coca-Cola, incorporated herein by reference and attached hereto as composite Exhibit"C" 6.13.5.5 The Manager shall be responsible, at its sole cost, to provide cleaning and sanitation services for the kitchen, bar, and dining room. 6.13.5.6 Days and Hours of Operation 6.13.5.6.1 The Manager shall open the restaurants/ food & beverage service areas for business in accordance with the days and hours of operation established pursuant to Section 6.10, each and every day, and shall close the restaurants no sooner than thirty (30) minutes after the last golfer has finished play. 6.13.5.6.2 The Manager shall submit for the Director's approval a schedule setting forth hours of operation for on course and restaurant food and beverage services. Any curtailment or decrease of this service is subject to the prior written approval of the Director. 6.13.5.6.3 The days and hours of operation set forth in this Section 6.13.5.6 shall be complied with unless advance written authorization to deviate from this schedule has been obtained from the Director. 6.13.5.7 Alcoholic Beverages License The Manager shall meet all licensing requirements of the Florida Department of 14 Alcoholic Beverage Control. The Manager shall be solely responsible for the payment of all costs and expenses required to attain such licenses for the Golf Courses and to maintain such licenses for the duration of the Term of this Agreement. 6.14 Golf Professional A "Class A: P.G.A. Professional" shall be on site at each Golf Course full time and shall provide lessons and perform all other similar and customary services offered for same at similar establishments in the South Florida area. The playing of the game of golf shall be taught only by qualified instructors whose qualifications have been approved by the Director. The Manager shall also seek to attract and retain a highly recognized Golf School for the provision of golf instruction at the Miami Beach Golf Club. 6.15 Golf Courses Marshal Service The Manager shall provide golf courses marshal services. The Manager shall establish with the Director a schedule setting a plan of operation for course marshaling. 6.16 Minimum Grounds Maintenance Service 6.16.1 The Manager shall provide grounds maintenance services for the Golf Courses including without limitation, and at minimum, the obligations to mow, edge, trim, over seed, fertilize, aerate, irrigate, sod, change cups, service tees, top dress, repair divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder, as well as to provide weed, disease and pest control, tree maintenance, maintenance of irrigation system including mainlines, pumps, boosters and controllers, keep swales and drain lines in good repair and to provide the necessary maintenance of any appurtenant structures and equipment. A summary of minimum maintenance standards is attached as Exhibit "B", and the Manager is required to maintain the Golf Courses at this level of quality or better. In addition, the Manager shall maintain all equipment, utilities, and related structures in good working condition in accordance with City standards and manufacturers' recommendations. 6.16.2 The Manager shall provide a Class A GCSAA (Golf Courses Superintendents' Association of America) Superintendent and a Class C GCSAA (Golf Courses Superintendents' Association of America) Assistant Superintendent at each of the Golf Courses on a full time basis. 6.17 Golf Courses Promotion/Advertising and Promotional Materials 6.17.1 The Manager agrees to advertise and promote the Golf Courses to foster a favorable business environment, stimulate patronage, and support City efforts to maximize use of the Golf Courses (including without limitation, promotion and advertisement of the Miami Beach Golf Club as a first-class facility and tourist destination, and the Normandy Shores Golf Club as an excellent municipal residential golf destination for residents, tourists and day guests). 6.17.2 The Manager shall work with the Director, City officials and/or designated City boards, agencies, and committees, golf organizations, the Miami Beach 15 Chamber of Commerce, the Greater Miami Convention and Visitor's Bureau (GMCVB), travel and golf magazines, and tournament promoters in promoting the Golf Courses and golf in the City. The Manager shall also develop and maintain an Internet web page promoting the Golf Courses, listing amenities, etc. This web page is subject to the approval of the Director. 6.17.3 The Manager shall use its best efforts to develop and maintain cooperative working relationships with the aforesaid persons and organizations in order to provide the best programs and services possible for the public. 6.17.4 The Manager shall not promulgate nor cause to be distributed, any advertising or promotional materials unless prior approval thereof is obtained from Director. Said approval shall not be unreasonably withheld or delayed and shall be deemed to be given if no objection is made within fifteen (15) business days following the Manager's receipt of the request for approval. Such materials include, but are not limited to, advertising in newspapers, magazines and trade journals, and radio, and/or television commercials. 6.17.5 Any advertising or promotional materials promulgated by the Manager which contain the words "Miami Beach Golf Club," "Normandy Shores Golf Club," or any derivative thereof, shall also include the City of Miami Beach logo or other reference to the Golf Courses as City of Miami Beach facilities. 6.18 Other Services 6.18.1 Alternative rates for the Miami Beach Golf Club and the Normandy Shores Golf Club are presently offered through GolfNow.com Memberships in order to bring in additional revenue during low months. The Manager may propose similar discounted services/memberships as a premier participating golf club. 6.19 Optional Services The Manager shall have the right of first refusal to provide such optional services, if any, as may from time to time be requested by the Director. The need, demand, nature and extent of such optional service shall be determined by the Director, at his sole discretion. If, in the sole opinion of the Director, it is appropriate and in the best interest of the City to offer the right of first refusal for a particular service to some other person or firm, such decision shall not be contested. Should the Manager decline to provide any such service upon request by the Director, the Manager acknowledges that the Director will proceed to make such other arrangements therefor as deemed by the Director to be appropriate, and the Manager shall make no claim no assertion of any further right or entitlement with respect to such matters. ARTICLE 7 Golf Course Facilities Equipment and Improvements 7.01 The Manager herein accepts the Golf Courses at the Miami Beach Golf Club and the Normandy Shores Golf Club, in their "AS IS" physical condition as of the Effective Date, and agrees to make no demand upon City for any improvements or alterations thereof. 7.02 City shall equip, and the Manager shall maintain, the Golf Courses with all such 16 appliances, furnishings and fixtures and equipment necessary to Manager's operations hereunder. Any equipment proposed to be installed or otherwise provided by the Manager, as approved in the Operating Budget, shall be subject to prior inspection and approval of the Director. 7.03 Any City equipment used by the Manager shall be taken "as is," inventoried, repaired or renovated, if necessary, and returned to City at the end of the term hereof. Pieces of equipment may be changed out as needed with the prior approval of the Director. 7.04 The Manager shall make no refurbishment or alterations to the Golf Courses, whether in whole or in part, nor construct additional improvements upon the said Premises, without the prior written approval of the Director. Title to such improvements shall immediately vest and be vested in City at all times during and after the term hereof. 7.05 The Manager shall perform acceptable day-to-day housekeeping and maintain and perform all repairs on the kitchens, dining rooms, bars and pro shops that are necessitated as a result of the Manager's or its agents' negligence. City shall be responsible for all other repairs and maintenance. All such maintenance shall be of quality equal to or better than the original in materials and workmanship. 7.06 The Manager hereby acknowledges the title of City in and to the Golf Courses, and covenants and agrees never to assail, contest or resist said title, nor to assert with respect thereto any property interest of the Manager. 7.07 Upon expiration or earlier termination of the Agreement, the Manager shall surrender the Golf Courses to the City in a good state of repair, reasonable wear and tear expected. The Manager shall restore and repair any damage to the Golf Courses, which the Director, in his reasonable discretion, determines has been caused by the Manager's negligence or failure to maintain, as necessary, to the satisfaction of the Director. The Manager shall be solely responsible for any damage caused by any risk which the Manager is required to insure against. 7.08 City Improvements 7.08.1 The City, at its sole cost and expense, shall have the right to make alterations, additions, or improvements to the Premises ("City Improvements"), which in the City's sole and absolute discretion, are deemed necessary or desirable. The Manager hereby waives all claims for compensation, loss, or damage sustained by reasons of any interference with its operation and management of the Premises resulting from the installation of said City Improvements. Additionally, the completed City Improvements, as part of the Premises, shall be maintained by the City or the Manager, as applicable, pursuant to Articles 4,6,7,8 or other applicable sections of this Agreement. ARTICLE 8 Maintenance and Repair 8.01 The Manager shall be solely responsible for the safety and all maintenance and repair of the Golf Courses, and all equipment, furniture and fixtures thereon, and shall maintain the Golf Courses in conformance with and at a minimum service level as outlined in Exhibit "B", attached hereto. 17 8.02 The Manager shall provide and maintain in its employ at each Golf Course, a golf course superintendent and maintenance crew during normal working hours, as determined by the Director. All of Manager's maintenance personnel shall be supervised by a Class "A" GCSAA (Golf Courses Superintendents Association of America) Superintendent. The Manager must employ sufficient personnel to perform all work as scheduled and required by City. All personnel shall be clean and neat at all times and wear appropriate uniforms as approved by the Director. 8.03 With regard to emergency services, the Manager will provide Director with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Manager's normal work force is not present. City shall call for such assistance only in the event of a genuine and substantial emergency. 8.04 City shall furnish, and the Manager shall maintain, all necessary equipment, supplies and material of good quality and in sufficient number to fulfill the requirements of the Agreement and to accomplish an acceptable and professional level of maintenance. Director shall confer with the Manager as to approval of the type of each supply, material, or equipment. Supplies, equipment and materials shall include, but not be limited to: 8.04.1 All Golf Course maintenance equipment including but not limited to tractors, fairway mowers, greens mowers, sand rakes, etc., as deemed necessary by the Director. 8.04.2 All necessary gas, oil, and spare parts for all equipment; 8.04.3 All necessary seed, fertilizers, fungicides, insecticides, herbicides; 8.04.4 Parts necessary for the repair and maintenance of all irrigation systems; 8.04.5 Tee towels, soap, ball washers, putting green cups and flags, benches, trap rakes, tee markers, tee mats, trash receptacles, trash receptacle liners, cleat brushes, and all other pertinent Golf Course equipment; 8.04.6 Materials for the installation and maintenance of drains; 8.04.7 Sand for all greens traps and an acceptable substitute for fairway traps on an as needed basis, as determined by the Director. 8.05 The Manager shall maintain and operate the Golf Courses in a clean, safe, wholesome, and sanitary condition, free of trash, garbage, or obstructions of any kind, in accordance with the Cleanliness Index incorporated herein by reference and attached hereto as Exhibit "D" and in compliance with any and all applicable present and future laws, general rules, and regulations of any governmental authority in force now or at any time during the Term of the final Agreement (including without limitation, such applicable laws relating to sanitation, public health, safety, or welfare). 8.06 The Manager shall perform acceptable day-to-day housekeeping and maintain and perform all repairs on the Golf Courses, except for those repairs which, upon prior written notice from the Manager of the necessity for same, Director, in his sole discretion, specifically agrees to undertake on behalf of the City. All such maintenance, repairs and replacements shall be of quality equal to or better than the original in materials and workmanship. 8.07 The Manager shall remedy without delay any defective, dangerous, or unsanitary 18 conditions. The Manager shall initiate the appropriate actions necessary to correct such situation within the same operational day the unacceptable condition is identified. 8.08 The Director may, at any time, without notice, enter upon the Golf Course, to determine if repairs, housekeeping and maintenance, satisfactory to City, are being performed. 8.09 Regularly scheduled inspections of the Golf Courses and the Manager's operations authorized herein shall be made by the Director and/ or other authorized City representatives. The written report of such inspections shall be recorded, retained for reference, and forwarded to Manager upon request. 8.10 The Manager or his representative shall meet with the Director (or his representative) once every four (4) weeks and at such other times as may be required by Director to review the Manager 's performance under the final Agreement, and/or to discuss any problems or other matters as determined by City. 8.11 The Manager shall supervise janitorial service, including window washing and refuse containers. The Manager shall be responsible for cleaning and maintaining all public restrooms on the Golf Courses (including without limitation, at the clubhouse). Restroom maintenance will consist of one complete and thorough cleaning prior to opening each day and a restroom inspection every three (3) hours minimum, with restroom supply restocking and necessary cleaning performed as needed. 8.12 The Manager shall maintain designated areas of the driving range, in accordance with provisions listed in Section 6.08. 8.13 Garbage and Utilities 8.13.1 The Manager shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the Golf Courses of all trash, dry and wet garbage, and other refuse resulting from, or in any way associated with the use of the Golf Courses. 8.13.2 To the extent feasible and practical, the Manager shall establish and implement a program for the recycling of waste materials accumulated upon the Golf Courses, to include food and beverage concession materials and landscape debris. 8.14 Should the Manager fail, after ten (10) days' notice from Director of the need thereof, to perform its obligations required pursuant to Article 8, City may, but shall not be obligated to (in addition to all other available remedies), exercise its right to terminate the Agreement as provided hereinafter and enter upon the Golf Courses and perform Manager's said failed obligations, using any equipment or materials on the Golf Courses suitable for such purposes; provided however, that in the event that the default is not reasonably susceptible to being cured within such ten (10) day period, the Manager shall not be considered in default if it shall, within such period, commenced with due diligence and dispatch to cure, and thereafter completes with dispatch and due diligence the curing of such default but in no event shall such extended cure period exceed ninety (90) days from the date of the initial written notice thereof. ARTICLE 9 (Intentionally Omitted) 19 ARTICLE 10 Contractor's Personnel 10.01 The Manager's activities and operations at the Golf Courses shall be supervised by one or more active, qualified, competent, and experienced employee(s) of the Manager. A general manager on duty shall be on site full time during the Golf Courses' hours of operations. General Manager may designate either the P.G.A. Class A Professional or the Class A Superintendent as duly authorized to act for General Manager in all aspects of its day to day operations. General Manager shall notify Director when General Manager is absent, and who shall act in General Manager's absence. The General Manager's salary shall be paid directly by the Manager, not included in the payroll from the City's budget. The following are the present personnel levels for the Miami Beach Golf Club and the Normandy Shores Golf Club. Retaining current employees is encouraged but not a requirement of the City. Internal Controls: • (1) General Manager(as described above in 10.01) • (1) Director of Golf • (1) Director of Membership & Marketing • (1) Controller • (1) Purchasing Assistant Miami Beach Golf Club—Golf Operations • (1) Head Golf Professional • (1) 1st Assistant Golf Professional • (3) Golf Shop Attendants • (1) Merchandise Assistant • (3) Rangers • (2) Starters • (10) Cart Attendants • (2) Housekeeping Miami Beach Golf Club—Course Maintenance • (1) Head Superintendent • (1) Assistant Superintendent • (1) Spray Technician • (1) Irrigation Technician • (1) Mechanic • (7) Operators • (8) Laborers Normandy Shores Golf Club—Golf Operations • (1) Head Golf Professional • (1) 1st Assistant Golf Professional • (1) 2nd Assistant Golf Professional • (3) Golf Shop Attendants • (3) Rangers • (1) Starters • (6) Cart Attendants • (2) Housekeeping 20 Normandy Shores Golf Club—Course Maintenance • (1) Head Superintendent • (1) Assistant Superintendent • (1) Spray Technician • (1) Mechanic • (5) Operators • (5) Laborers 10.02 The Manager's personnel shall at all times while on duty at the Golf Courses be clean and neatly groomed, courteous, efficient, and attired in a suitable uniform, as approved by the Director. The Manager's personnel shall perform its operations authorized hereunder in a businesslike manner, without rudeness or discourtesy to any person, or use of profanity. All personnel shall have a clear understanding of the established service levels and at minimum comply with them. All personnel shall participate in and completed a customer services training program and offer the highest level of customer service. This customer service will be stressed by the Manager at all times. The Manager's personnel shall be subject to drug testing, fingerprinting, background checks, and other related pre-employment standards, as deemed appropriate by the City of Miami Beach Human Resources Department, policies and procedures. Backgrounds checks, drug tests and other related safety and security checks shall apply to all employee(s) of the Manager, its on-site subcontractors such as golf professionals and all new employees who have not previously been through the background process in compliance with City of Miami Beach standards. 10.03 The Manager shall at all times maintain a high standard of services to the public, to the satisfaction of the Director, who shall be the sole judge of the adequacy thereof. Upon written notice by the Director that the conduct of any of Manager's personnel at the Golf Courses is detrimental to the best interests of the public, or to City, The Manager shall, within twenty four (24) hours thereafter, furnish evidence satisfactory to the Director of correction of such deficiency. 10.04 The Manager will be responsible for screening, interviewing, testing and training to include, but not be limited to; interviews that include experience, goals, interests, attitudes, motivation and other work related attributes; background checks as deemed appropriate by the City of Miami Beach Human Resources Department, as well as credit history for positions that may require the handling of City funds; verification that its employees are not convicted sex offenders; and training of employees on the City's Service Excellence program for those who interact with the general public as customer service representatives. 10.05 Staffing and Hours of Operation 10.05.1 Subject to the approved Operating Budget, the Manager shall staff its operation with personnel to conduct all operations authorized hereunder, in sufficient number to meet public demand for prompt, courteous, and efficient service. 10.05.2 The Manager shall adjust the number of its assigned personnel, or its hours of operation, as may be requested from time to time by the Director. 10.06 Notice of Personnel: Changes The Manager shall, in writing, inform the Director of the full name and specific assignment of each of its key personnel at each Course used in performance of the Agreement; this shall 21 include the Golf Club Contractor(s); the Director and Assistant Director of Golf; the Director of Marketing and Membership; Director of Merchandising; Controller; and the Superintendents and Assistant Superintendents of Golf Course Maintenance. The Manager shall thereafter notify the Director, in writing, within forty eight (48) hours following any such personnel changes. ARTICLE 11 Management Fee and Incentive Fee 11.01 Management Fee 11.01.1 As consideration to the Manager for providing the services herein specified during the Initial Term and any Renewal Term, the City shall pay the Manager during the Initial Term and Renewal Term (if any), the following amounts: The annual Management Fee for the performance of the services hereunder with respect to the Business Year for the Term of this Agreement (including Renewal Terms) shall be $130,000 for the Initial Business Year at the Miami Beach Golf Club and $125,000 for the Initial Business Year at the Normandy Shores Golf Club. The Management Fee, in subsequent years, will increase and be adjusted annually, effective October 1st of each Business Year (the "Effective Date of Adjustment"), by the percentage of change published by the Miami-Fort Lauderdale-West Palm Beach, FL, CPI-U 12 month percent changes, all items index, not seasonally adjusted ("CPI"), or 3%, whichever is smaller. The CPI increase shall be determined by multiplying the Management Fee being paid by the percentage of change for the Effective Date of Adjustment. Should the CPI become unavailable, a reasonable substitute designated by the CITY shall be used. The Management Fee shall continue to be paid in monthly installments, based upon the amount established for the previous Business Year, until the CPI index is published and the new Management Fee is established. The new Management Fee shall be payable retroactively to the Effective Date of Adjustment, within forty—five (45) days from receipt of an approved invoice from the Manager. Notwithstanding the foregoing, the annual CPI increase shall not exceed three percent (3%). If the CPI has a negative change, the Management Fee shall remain the same for the upcoming Business Year. 11.01.2 The Management Fee shall be payable in equal monthly installments due on or before the last day of each month during the Business Year, and the Manager shall be entitled to draw such amounts from the account described in Section 12.05. 11.02 Incentive Fee 11.02.1 Amount. In addition to the Management Fee, the Manager shall be entitled to, and shall receive from the City, an annual Incentive Fee for the Miami Beach Golf Club and the Normandy Shores Golf Club, with respect to each Business Year during the Initial Term and Renewal Term (if any). The Incentive Fee for the Miami Beach Golf Club is as follows: 1) The Manager will earn an annual graduated Incentive Fee for each Business Year. The Incentive Fee shall be capped at $125,000 on gross revenues up to $3,900,000, with an incentive fee pay-back provision if gross revenues are below $3,900,000. The following chart represents the gross revenues and associated Incentive Fee earned. The Manager's annual Incentive Fee will be earned in full provided the "net operating income before debt service," as shown on the approved annual Operating 22 Budget, equals or exceeds $800,000 per year for the Miami Beach Golf Club. By example, if the net operating income before debt service for the Miami Beach Golf Club is $720,000 (10% less) then the Manager's annual Incentive Fee for the Miami Beach Golf Club shall be reduced by 10% for that specific Golf Course. The Incentive Fee for each Golf Course will be earned individually and based on the conditions stated above. Gross Revenues Incentive Fee Earned to $ 3.900M $ 125,000 From $3.8 M to $ 3.899M $ 115,500 From $3.7 M to $ 3.799M $ 107,500 From $3.6 M to $ 3.699M $ 99,500 From $3.5 M to $ 3 599M $ 91,500 From $3.4 M to $ 3.499M $ 83,500 From $3.3 M to $ 3.399M $ 75.500 From $3.0 M to $ 3.099M $ 67,500 From $2.9 M to $2.999M $ 60,000 From $2.8 M to $ 2.899M $ 52,000 From $2.7 M to $ 2.799M $ 44,000 From $2.6 M to $ 2.699M $ 36,000 From $2.5 M to $ 2.599M $ 28,000 From $2.4 M to $2.499M $ 20,000 From $2.3 M to $2.399M $ 12,000 From $2.2M to $ 2.299M $ 4,000 Less than $ 2.2 Million $ 0 2) An additional Incentive Fee of 13% will be earned on all gross revenue over $4,000,000. The Incentive Fee for the Normandy Shores Golf Club is as follows: 1) The Manager will earn an annual initial Incentive Fee of 13% for each Business Year, that will be earned on gross revenue over$ 1,800,000. Revenue shall not include gross revenues received by the Manager as a concessionaire for the Food and Beverage and Pro Shop Merchandise facility. Gross revenues will include the 5% concession fee paid by the Manager to the City for the use of the latter facilities. In arriving at "net operating income before debt service," there shall be deducted from the Golf Courses gross revenues the ordinary operating expenses as set forth in the annual Operating Budget approved by the City. Extraordinary Operating Expenses and/or non- budgeted capital improvements shall not be deducted from gross revenues in determining "net operating income before debt service." Such extraordinary Operating Expenses or unbudgeted capital improvements shall include but not be limited to the following: Real estate taxes on the Golf Courses, if imposed during the Term of this Agreement; damage caused by Force Majeure, as defined in Section 29.05; capital improvements required by the City beyond that which is budgeted; and additional costs related to promotional events including major tournaments that may be approved by the City beyond that which is budgeted. Extraordinary non-budgeted expenses shall include extra security services; modular rentals; capital (computers, telephones, F.F.E.); temporary portable restroom and cart barn 23 rentals; City Property Management Division and City Public Works Department's expenses related to the removal of the cart barn and modular buildings and site restoration thereof; and Manager's annual Incentive Fee. 11.02.2 Payment. The annual Incentive Fee shall be payable to the Managerwithin forty-five (45) days of the end of a Business Year. The Manager will thereupon be entitled to deduct the amount of such fee from the account agreed upon with the Director; provided that, to the extent that Manager projects that such a deduction would leave insufficient funds in such account to cover Operating Expenses for the remainder of the then-current Fiscal Year, the Manager shall not be entitled to deduct all or a portion of such fee from such account, and, upon notice thereof from the Manager, the City shall promptly pay the Manager the amount of the fee that has not been deducted from such account. ARTICLE 12 Funding; Budgets; Bank Accounts 12.01 Operating Funds Subject to Section 12.02, following the approval of the annual Operating Budget for a Business Year (including, without limitation, any annual Operating Budget applicable to the first Business Year during the Term hereof), the City shall make available to the Manager all funds necessary to pay all Operating Expenses incurred or accrued in such Business Year. Such funds shall be deposited by the Manager in the operating account established pursuant to Section 12.05 and used to pay Operating Expenses. 12.02 Non-Funding 12.02.1 The City shall have no obligation to provide funds for the payment of Operating Expenses incurred or committed for, beyond the approved annual Operating Budget, after the date the Manager receives written notice (an "Appropriation Deficiency Notice") of the fact that insufficient funds or no funds have been appropriated for the Golf Courses. 12.02.2 If the Appropriation Deficiency Notice is of insufficient funds, the City shall pay all Operating Expenses incurred or committed for after such date which are within the aggregate level of appropriated funds in the approved annual Operating Budget. The City shall pay all Operating Expenses incurred or committed for that are within the aggregate level of funds in the approved annual Operating Budget, prior to the date the Manager receives the Appropriation Deficiency Notice. Any failure by the City to provide funds (beyond the aggregate level of appropriated funds in the annual Operating Budget) for the payment of Operating Expenses incurred or committed for after Contractor receives an Appropriation Deficiency Notice shall not be a breach of or default under the Agreement by the City. 12.03 Annual Budget; Cash Flow Budget 12.03.1 During the City's annual budget and review process of each fiscal year, the Manager will prepare an annual operating budget for the next fiscal year to meet the scope of services and objectives under the Agreement. Such budget shall contain appropriate line items for revenues and expenses and the projected net operating deficit or surplus. 12.03.2 The Mayor and City Commission, each year during the Term hereof, shall review 24 and approve annual Operating Budget for the succeeding fiscal year for the Golf Courses in the course of the City's annual budget review process. 12.03.3 The annual budget referred to in Sections 12.03.1 and 12.03.2 above shall be reviewed and subject to approval by the City Manager, and the Mayor and the City Commission. The City Manager and the Mayor and the City Commission shall notify the Manager of any changes to the annual Operating Budget for the succeeding fiscal year proposed by the Manager and with such changes, if any (as are made by the City), such budgets shall be the Operating Budgets for the following fiscal year. 12.03.4 On or prior to the commencement date hereof, Contractor has given its comments and observations on the preliminary annual Operating Budget for the first fiscal year hereof prepared by the City. The Manager has submitted to the City Manager and the Mayor and the City Commission its proposed annual Operating Budget for the first fiscal year hereof; such proposed budget shall be treated in the same manner and create the same rights as obtained following the submission of annual budgets as described in Section 12.03.3 above, provided that the City shall notify the Manager of any changes to such annual budget. 12.04 Budget Modifications Initiated by the City In the event that it appears, in any year during the Term hereof, that the actual Net Operating Loss/Profit for such fiscal year will be larger than projected in the annual Operating Budget for such fiscal year, the City Manager and/or the Mayor and the City Commission may request from the Manager a plan for reduction of Operating Expenses to a level consistent with the budgeted Net Operating Loss/Profit amount. The Manager shall forthwith comply with any such expense reduction requested by the City, and the Operating Budget for such fiscal year shall be modified accordingly. 12.05 Receipts All revenues for the Golf Course operations, except Food and Beverage, shall be deposited in a bank account designated by the City's Chief Financial Officer. The Manager shall provide the City with a monthly report stating the actual revenues for the past month by the 10th day of the following month. On said report, the Manager shall also include the past month's actual Merchandise sales, Food and Beverage sales, and the monthly Management Fee due to the Manager. The report shall include back-up documentation supporting all revenues referenced. 12.06 Disbursements The City shall fund the Manager's designated account for the estimated expenses to be paid by the Manager on behalf of the City for the following month via a transfer approved by the City of Miami Beach Finance Department by the tenth of the month. Upon the City receiving and verifying the monthly report generated by the Manager as referenced in Section 12.01, the City shall fund the Manager's account, via a transfer, for all the payments to be made the following month on behalf of the City by the Manager, 95% of the Pro Shop Merchandise sales for the prior month and the monthly management fee. In regards to the advance provided to the Manager for operating expenses, if there are any differences, the Manager shall add or subtract, as applicable, such difference from the following months funding request. ARTICLE 13 (Intentionally Omitted) 25 ARTICLE 14 (Intentionally Omitted) ARTICLE 15 Records and Reports 15.01 The Manager shall prepare and maintain an adequate set of records, in detail and methodology satisfactory to the Director and the City's Chief Financial Officer, documenting all Golf Courses gross revenues and Operating Expenses pursuant to this Agreement. Such method shall include the keeping of the following records: 15.01.1 Regular books of accounting, such as general ledgers; 15.01.2 Cash receipts and cash disbursements journals, including any supporting and underlying documents such as invoices, vouchers, checks, tickets, bank statements, etc.; 15.01.3. Sales tax returns and checks and other documents proving payment of sums shown. The City Manager or Director may, at their sole discretion, request an annual financial statement audit of the Golf Course operations (excluding the Manager's expense records related to the Concession Services) to be conducted by an independent Certified Public Accountant, which must be submitted to the City within 90 days following the receipt of the written request by Manager; 15.01.4. Cash register tapes (daily tapes may be separate but shall be retained so that from day to day the sales can be identified) and golf starter sheets; and 15.01.5. Annual inventory of equipment, merchandise and other related materials. 15.02 The Manager shall record all sales by means of a point-of-sale system which publicly display the amount of each sale and automatically issue a customer's pre numbered receipt or verify the amount recorded on a slip. Said point-of-sale system shall in all cases have locked in sales totals and transaction counters which continuously accumulate and which cannot, in any case, be reset and, in addition thereto, a tape located within the point-of-sale system on which transaction numbers and sales details are imprinted. Beginning and ending point-of-sale system readings shall be made a matter of daily record. In the event of a technical or electrical failure of the point-of-sale system, the Manager shall record by hand all collections and issue a sequentially pre numbered customer's receipt in like manner. Under no circumstances shall the Manager conduct sales which are not recorded or for which customer receipts are not issued. 15.03 Any other reporting records that the Director deems necessary for proper reporting of receipts and disbursements. 15.04 If at any time the Director or the City's Chief Financial Officer deems Manager's accounting practices or procedures inadequate or not in accordance with City procedures, the Manager shall make requested adjustments to its practices and procedures. 15.05 The Manager shall submit monthly to the Director a written report, in a format and in detail satisfactory to the Director, of all Manager's gross revenues from all operations at the Golf 26 Courses during the preceding calendar month. Such report shall include, without limitation, a daily breakdown of such gross revenues, to be made available upon request by the Director. 15.06 Preparation of reports with respect to all financial aspects of the Golf Courses, such as payroll data, daily cash register tapes, cash receipts, accounts receivable, budget reports and detailed profit center information; 15.07 Maintenance of accounting records and preparation of annual financial statements of the Golf Courses in accordance with generally accepted accounting principles, consistently applied, including all required footnotes and disclosure. 15.08 Financial Statement and Miscellaneous Reports In addition to such other reports as may be required by the Agreement, the Manager shall submit the following reports to the Director: 15.08.1 Financial Statement Within forty five (45) days following the last day of each Business Year hereunder, or at any early termination of the Agreement prior to the end of the Term, the Manager shall submit a financial statement covering all business transacted by it at the Golf Courses during such period, and all gross revenues, commissions and other income derived therefrom. Such financial statement shall be compiled by the Manager in accordance with generally accepted accounting practices, and shall be such format and detail, as is satisfactory to the Director. 15.09 Miscellaneous Reports Any other financial or statistical reports reasonably requested by the Director from time to time during the term hereof shall be provided by the Manager, without cost to the City, within a reasonable period of time. ARTICLE 16 Monthly Reporting 16.01 The Manager is required to provide the City with monthly comprehensive financial reports or other comparable financial data, as dictated by the City, to the City's Finance Department. The reports will be complete, accurate, fully reconciled and subject to audit. The City will review this report with starter sheets and other source documents to determine if all gross revenues have been included in the report. This includes revenues from the Pro Shop and Food and Beverage. The report will also be analyzed to determine if expenditures are reasonable based on the Operating Budget. If an error is found, the City will contact the Manager immediately. ARTICLE 17 Retention of Records 17.01 The Manager shall retain all its books and records of account for the Term hereof for not less than three (3) calendar years following the last day of such Term. Such books and records of account shall show all the Manager's gross receipts, commissions, and other income derived 27 from its operations, pursuant to this Agreement, all deductions therefrom, supporting documents, and all other information required by this Agreement. 17.02 The Manager shall retain such books and records of account, and such reports and records as may be required of it, or requested by City, pursuant to this Agreement, at a location within the City and shall keep and maintain the same in accordance with accepted professional accounting principles. ARTICLE 18 Audit and Access to Manager's Records 18.01 Upon written notification by Director, the Manager shall make all of its financial records and books related to the Golf Courses operations available to City at the business office of Manager including, but not limited to, general ledger, original entry journals, canceled checks, invoices, bank statements, an annual financial statement audit conducted by an independent Certified Public Account, as described in Section 15.01.3. The Manager's expense records for the Concession Services are excluded from this requirement. The audit, at the City's sole discretion, may be conducted by an Auditor, as defined in Section 1.04 of the Agreement. The Manager shall provide such access to such records for City's purposes in verifying information submitted by the Manager in any report or financial statement required or requested of the Manager pursuant to this Agreement, and for City's purposes in verifying the Manager's compliance with the terms of this Agreement, but for no other purpose. 18.02 Further, at any time within three (3) calendar years following the last day of the Term hereof, upon written notification to the Manager, City may, at its sole cost and expense, inspect, audit, and copy the Manager's books, records of account, and supporting documentation relating to Manager's operations at the Golf Courses. City, its agents, or Auditors, may inspect, audit, and copy such books, records of account, and supporting documentation for City's purposes in determining the correctness of the computation of the Operating Surplus, as set forth in the annual financial statement submitted by the Manager. The Manager's expense records for the Concession Services are excluded from this requirement. 18.03 In the event of a discrepancy of more than three percent (3%) between the Manager's Gross Receipts, commissions, or other income as established by such inspection and audit, and such Gross Receipts, commission, or other income as reported by the Manager pursuant to any financial reports submitted by the Manager to City, the Manager shall, upon demand, reimburse City for all its costs in connection with such inspection, audit, and copying. ARTICLE 19 Permits and Licenses 19.0 Permits and Licenses 19.01 The Manager shall obtain and maintain in full force and effect throughout the Term of this Agreement any and all applicable permits and business licenses which may be required by any law, including administrative regulations and local ordinances, for the conduct of the Manager's operations hereunder. Within ten (10) calendar days from the Effective Date, the Manager shall furnish the Director with copies of all such permits and licenses. 28 ARTICLE 20 Insurance 20.01 The Manager shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. a. Worker's Compensation Insurance for all employees of the Manager as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. b. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. c. Automobile Liability Insurance covering any automobile, if Manager has no owned automobiles, then coverage for hired and non-owned automobiles, with limit not less than $1,000,000 combined per accident for bodily injury and property damage. d. Liquor Liability Insurance in an amount not less than $1,000,000. e. Crime/Fidelity Bond covering employees of the Manager in an amount not less than $1,000,000. f. Property Insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision (if applicable). 20.02 Additional Named Insured City of Miami Beach must be included by endorsement as an additional named insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Manager on a primary non-contributory basis. 20.03 Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. 20.04 Waiver of Subrogation Manager agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 29 20.05 Acceptability of Insurers Insurance must be placed with insurers with a current A.M..Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 20.06 Exemptions A letter from the Manager is required stating that there are 3 or less employees in order to waive Workers' Compensation insurance requirement. If there are no automobiles being used in connection with the agreement, then the Manager shall confirm this information in a letter. If the Manager will be using automobiles, but does not owned any autos, then a letter from the Manager shall be submitted along with hired and non-owned automobile liability coverage. 20.07 CERTIFICATE FOR ADDITIONAL NAMED INSURED MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668 — ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeachriskworks.com ci 20.08 The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. At any time, the City mayrequest full copies of insurance policies, including all endorsements as evidence of insurance. 20.09 Additionally, in connection with golf events, golf tournaments, and special events for groups of 32 or more participants, Manager shall secure liability insurance through a TULIP (Tenant User Liability Insurance Program) established by the City by logging in to the following link for a quote: https://tulip.onebeaconentertainment.com/e/tulip/apply.aspx. General Liability Insurance on an occurrence basis, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage. The City of Miami Beach and the Manager must be named as an Additional Insured on a primary non-contributory basis. Liquor liability in the amount of $1,000,000 must be included if liquor is being served. 20.10 All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure and shall be made available to the City upon request to the Manager. No deductibles will be allowed in any policies issued on the Agreement unless specific safeguards have been established to assure an. adequate fund for payment of deductibles by the insured and approved by the City. 20.11 Insurance coverage required shall be in force throughout the contract Term. Should the Manager fail .to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the Term, the City shall have the right to consider the 30 Agreement breached and declare a default by the Manager; provided, however, that Manager shall not be deemed in default in the event that any insurance coverage required herein shall either be unavailable or unattainable. Manager shall provide City with immediate written notice of its inability to procure any insurance coverage required herein, and the parties shall use best efforts to procure alternate coverage, or such other solution as they may deem necessary. 20.12 If the Manager does not meet the insurance requirements of the specifications, alternate insurance coverage, satisfactory to the City, may be considered. 20.13 Compliance with the foregoing requirements shall not relieve the Manager of his liability and obligation under this section or under any other section of this Agreement. 20.14 Responsibility for Insurance Premiums The City shall reimburse Manager the Worker's Compensation premium for those employees of the Manager assigned to the following departments: Administration, Golf Course Maintenance, Housekeeping, Golf Operations, General Maintenance and Pro Shop Merchandise, but excluding Food and Beverage concessions. The Commercial General liability and Umbrella Insurance premium shall be apportioned as a percentage of total sales, with the City funding the percentage corresponding to cart fees, green fees, membership, driving range, lessons, and miscellaneous sales, and Manager funding the percentage corresponding to Food and Beverage and Pro Shop Merchandise Sales. ARTICLE 21 21.01 Termination of Agreement Except as otherwise provided, if the Manager defaults in the performance of any promise, term, condition, or covenant required of it herein, and fails to cure such default within ten (10) calendar days following notice thereof from the Director, this Agreement shall terminate; provided, however, that in the event that the default is not reasonably susceptible to being cured within such ten (10) day period, the Manager shall not be considered in default if it shall, within such period, have commenced with due diligence and dispatch to cure, and thereafter completes with dispatch and due diligence the curing of such default but in no event shall such extended cure period exceed ninety (90) days from the date of initial written notice thereof. 21.02 Cross Default A default by the Manager, shall also be considered an event of default under this Agreement. 21.03 If, in the event the Manager cannot or does not operate the Golf Courses in accordance with the terms and conditions stated herein, and the Director terminates this Agreement, the Director may take immediate possession of the Golf Courses, and operate such facilities in any manner deemed appropriate by the Director for City's benefit and the public's best interest, without any liability therefore to Manager. 21.04 City's Right to Terminate Agreement for Convenience NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IF THE CITY DETERMINES, AT ANY TIME DURING ANY TERM HEREUNDER, THAT IT IS IN THE BEST 31 INTEREST OF THE CITY TO TERMINATE THIS AGREEMENT, THE CITY MAY, ACTING THROUGH THE DIRECTOR, TERMINATE THIS AGREEMENT, WITHOUT PENALTY OR CAUSE, IN THE CITY'S SOLE DISCRETION, UPON NINETY (90) DAYS' WRITTEN NOTICE OF INTENT TO TERMINATE GIVEN TO THE MANAGER. ARTICLE 22 Golf Courses Evaluation Report 22.01 City and the Manager agree that the overall condition and playability of the Golf Courses, the quality of service provided by Manager, and the condition of the Golf Courses is of primary importance to both parties. As this Agreement specifies the minimum standards of performance deemed necessary for proper maintenance and services, City and the Manager will develop a Golf Course Evaluation Report to document the Manager's performance pursuant to those standards. 22.02 The Golf Course Evaluation Report will be completed by an authorized representative(s) of the Director after an inspection of the Golf Courses by City's representative(s). 22.03 City shall make every reasonable effort to conduct such inspections on a regular basis, and the Manager or his authorized representative will be invited to participate in the inspection tour. 22.04 The Director reserves the right to modify, update, and/or amend the general content and format of the Golf Course Evaluation Report form in order to provide for a suitable instrument for the documentation of the Manager's performance. 22.05 Director's Inspection The Manager shall provide golf cart(s) for inspection of the Golf Courses by the Director and others authorized City representatives. The inspection shall occur not less than annually or more frequently than monthly. The inspection shall also cover, but not be limited to, the pro shop and clubhouse areas, and shall include a briefing on the Golf Course operations by the Manager. ARTICLE 23 Non-assignability Except for estate transfers, the Manager shall have no right, authority, or power whatsoever to sell, assign, or transfer any right, license, privilege, or duty granted to or imposed upon it hereunder without the written consent of the City Manager, which consent, if granted at all, shall be at the City Manager's sole discretion. Such right, license, privilege, and duty are granted and imposed solely and personally to and upon Manager, and any such sale, assignment, or transfer without the City Manager's consent shall result in immediate termination hereof. ARTICLE 24 Conflict of Interest 24.01 The Manager shall perform its services under this Agreement and conduct the Golf Course management and operations contemplated herein, in a manner so as to show no preference for other golf operations/facilities owned, operated, managed, or otherwise controlled by the Manager with regard to its responsibilities pursuant to this Agreement. 32 24.02 No director or officer of Manager shall have any interest in any contract involving the Golf Course operations, including any concession activities at the Golf Courses, other than the Pro Shop Merchandise and Food and Beverage Operations of the Golf Courses. ARTICLE 25 Authority of the Director The Director shall administer this Agreement on behalf of the City. Unless otherwise provided herein, or required by applicable law, the Director shall be vested with all rights, powers, and duties of City, in its proprietary capacity as owner of the Premises. With respect to matters hereunder subject to the approval, satisfaction, or discretion of City or the Director, the decision of the Director in such matters shall be final. ARTICLE 26 Consent Whenever the consent or approval of the City Commission, the Director, or other City official is required or authorized hereunder, such consent or approval shall not be unreasonably withheld, conditioned, or delayed. ARTICLE 27 Time of the Essence Time is of the essence in the performance of this Agreement. ARTICLE 28 Independent Contractor 28.01 It is understood and agreed that the Manager (for the purpose of this Section 28.01, the term "Manager" shall also include Manager's officers, directors, employees, contractors, consultants, agents, and any and all other third parties acting under the supervision or control of Manager, and which are hereinafter collectively referred to in this Article 28 as "Managers' assigned personnel") is an independent contractor and that no relationship of employer-employee exists between the parties hereto. The Manager shall not be entitled to any benefits payable to employees of City. As an independent contractor, the Manager hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. 28.02 It is further understood and agreed by the parties hereto that the Manager, in the performance of its obligation hereunder, is subject to the control or direction of City as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by Manager for accomplishing the results. 28.03 The Manager's assigned personnel shall be entirely and exclusively under the direction, supervision, and control of the Manager. All terms of employment, including hours, wages, 33 working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Manager. 28.04 It is further understood and agreed that as an independent contractor and not an employee of City, neither the Manager nor the Manager's assigned personnel shall have any entitlement as a City employee, right to act on behalf of City in any capacity whatsoever as agent, nor to bind City to any obligation whatsoever. 28.05 It is further understood and agreed that the Manager must issue W-2 and 941 Forms, for income and employment tax purposes for all of Manager's assigned personnel under the Agreement. ARTICLE 29 Indemnification of City 29.01 In consideration of a separate and specific consideration of$10.00 and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Manager shall indemnify, hold harmless and defend the City, its officials, directors, members, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from: (1) wholly or in part from the negligent acts, errors, omissions or other misconduct of Manager, its officers, director, members, employees, agents, contractors, subcontractors, or any other person or entity acting under Manager's control or supervision; (2) Manager's breach of the terms of this Agreement or its representations and warranties herein; (3) the operation of the Golf Courses; or (4) the use of the Golf Courses by the City, its employees, guests, (licensees or invitees) or the general public. To that extent, Manager shall pay all such claims and losses and shall pay for all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees in connection with providing a defense for the City of such claims and losses, including appeals. 29.02 Section 29.01 shall survive following the termination or expiration of this Agreement. Section 29.01 shall not apply, however, to any such liability, that arises as a result of the willful misconduct or gross negligence of the City. 29.03 Subrogation The terms of insurance policies referred to in Article 20 shall preclude subrogation claims against the Manager, the City, and their respective officers, employees and agents. 29.04 Force Majeure. Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in default if performance is prevented by: a. fire which renders at least thirty percent (30%) of a Golf Course's unusable facilities and which is not caused by negligence of the Manager; b. earthquake; hurricane; flood; act of God; civil commotion occurring at the Golf Courses during or in connection with any event; or other matter or condition of like nature; or 34 c. any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, or war. 29.05 Labor Dispute In the event of a labor dispute which results in a strike, picket or boycott affecting the Golf Course' operations described in this Agreement, the Manager shall not thereby be deemed to be in default or to have breached any part of this Agreement, unless such dispute shall have been caused by illegal labor practices of the Manager and there has been a final determination of such fact which is not cured by the Manager within thirty (30) days. 29.06 Waiver of Loss from Hazards The Manager hereby expressly waives all claims against the City for loss or damage sustained by the Manager resulting from fire, water, natural disasters/acts of God (e.g., hurricane, tornado, etc.), civil commotion, riot, or any other Force Majeure contemplated in Section 29.04, and Labor Dispute in Section 29.05 above, and the Manager hereby expressly waives all rights, claims, and demands against the City and forever releases and discharges the City from all demands, claims, actions and causes of action arising from any of the aforesaid causes. ARTICLE 30 Release of Liability 30.01 City shall not be liable for, and is hereby released from, any and all liability to the Manager, or to any person claiming under or through the Manager for any loss or damage whatsoever to the property or effects of the Manager resulting from the discharge of water, or other substance, from pipes, sprinklers, conduits, containers, appurtenances thereof or fixtures thereto, or from any damage resulting from the discharge or failure of electric current, regardless of cause or origin, except that which is caused by the gross negligence or willful misconduct of the City. 30.02 Further, the Manager shall be solely responsible for the safety and security of property, equipment, supplies, merchandise, and commodities used or offered for sale by Manager at the Golf Courses. City shall have no liability or responsibility whatsoever, and Manager shall make no claim against City, with respect to such matters. ARTICLE 31 Taxes 31.01 The Manager shall, at its sole cost and expense, pay any and all taxes (except real estate taxes for the Golf Courses), for which it is responsible; or which may be assessed against it; or pertaining to the Golf Courses and Manager's related operations thereon; or which may be assessed against the City, including the Premises as a result of Manager's related operations on the Premises. 35 31.02 Right to Contest Taxes The Manager shall have the right in its own name or, with the City's consent, in City's name, to contest, in good faith and by all appropriate proceedings the amount, applicability or validity of any tax assessment pertaining to the Golf Courses and its related operations thereon. In the event the Manager initiates such contest, City shall reasonably cooperate with Manager, provided that such contest will not subject any part of City property to forfeiture or loss; and provided, further, that if the Manager contests any assessment made by the Assessor of City, such contest shall not be initiated in the name of City, at no cost to the City; and without City being obligated to cooperate therewith. 31.03 If at any time, payment of any tax or assessment becomes necessary to prevent any such forfeiture or loss, the Manager shall timely pay such tax or assessment to prevent such forfeiture or loss. 31.04 The City reserves the right to contest the taxes in its own name and/or on behalf of the Manager. ARTICLE 32 Signs The Manager shall place no sign, emblem, or advertising, of any kind or character, at or on the Golf Courses, clubhouses or other facilities without the prior written approval of the Director. ARTICLE 33 Notices 33.01 All notices, consents, waivers, directions, requests or other instruments of communications provided for under this Agreement, shall be deemed properly given if, and only if, delivered personally or sent by registered or certified U.S. mail, postage pre-paid, as follows: IF TO THE CITY: John Rebar, Director, Parks and Recreation 1701 Meridian Avenue, Suite 401 Miami Beach, Florida 33139 With copies to: Jimmy L. Morales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 IF TO MANAGER: Johnny La Ponzina, President Professional Course Management II, Ltd. 10500 Pembroke Pines, Florida 33026 With copies to: Alberto Pozzi, General Manager Professional Course Management II, Ltd. 10000 Biscayne Boulevard Miami Shores, Florida 33138 36 The Manager and the City may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. ARTICLE 35 Notice of Claims and Suit 35.01 City and Manager shall each give the other prompt and timely written notice of any personal injury or accident claim , and of any lawsuit coming to its knowledge, when either such claim or lawsuit arises out of or if in any way connected with the construction or operations of Manager hereunder, the construction or operation of the Golf Courses by City which in any way, directly or indirectly, contingently or otherwise, might reasonably affect the parties' relationship under this Agreement. 35.02 Such notice shall be deemed prompt and timely if given within ten (10) calendar days following the date of receipt of such claim by an officer, agent, or employee of either party, and, if given within five (5) calendar days following the date of service of process upon either party with respect to any such lawsuit. ARTICLE 36 Employee Parking Vehicular and equipment parking by the Manager, its officers, agents, employees, licensees, suppliers, or subcontractors shall be restricted to such areas at the Golf Courses as are designated by the Director. ARTICLE 37 Applicable Law This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida, and shall be deemed to have been made, and shall be performed, in the State of Florida. ARTICLE 38 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, MANAGER AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE AGREEMENT. ARTICLE 39 Nondiscrimination Clause The Manager shall not discriminate in the provision of services because of color, race, creed, national origin, religion, sex, sexual orientation, age, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d), the American 37 with Disabilities Act (42 U.S.C. Section 12131 et seq.), and all other applicable laws and regulations requiring no discrimination., Additionally, Manager shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. ARTICLE 40 MANAGER'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Manager shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Manager meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Manager shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Manager does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Manager or keep and maintain public records required by the City to perform the service. If the Manager transfers all public records to the City upon completion of the Agreement, the Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Manager keeps and maintains public records upon completion of the Agreement, the Manager shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Manager of the request, and the Manager must provide the records to the City or allow the records to be 38 inspected or copied within a reasonable time. (2) Manager's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Manager who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Manager tocompel production of public records relating to the City's contract for services, the court shall assess and award against the Manager the reasonable costs of enforcement, including reasonable attorneys' fees,.if: a. The court determines that the Manager unlawfully refused tocomplywith the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Manager has not complied with the request, to the City and to the Manager. (2) A notice complies with subparagraph (1)(b) if it is.sent to the City's custodian of public records and to the Manager at the Manager's address listed on its contract with.the City or to the Manager's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) . . A Manager who complies with a public records request within 8 business days after the noticeis sent is not liable for the reasonable costs of enforcement. (F) . IF THE MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MANAGER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI.BEACH ATTENTION: RAFAEL E. GRANADO,.CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOAMIAMIBEACHFL.GOV . : PHONE: 305-673-7411 ARTICLE 41 Equal Opportunity . The City is an Equal Opportunity Employer. The Manager shall comply with Federal, State, and City Equal_Employment opportunity requirements. 41.01 Equal Employment Opportunity The Manager shallnot discriminate against any employee or applicant for employment because of race, color, national origin, religion, gender, gender identity, sexual orientation, marital or financial status, age, or disability, in violation of the law. 39 . 41.02 Compliance The Manager shall comply with all applicable Federal, State, and City statutes, ordinances, regulations, directives, and laws and this Agreement shall be deemed to be executed within the State of Florida and construed with and governed by the laws of the State of Florida. ARTICLE 42 No Warranty Re: Golf Courses The City does not warrant that the Golf Courses will continue to be used as golf courses during the Term of this Agreement. In the event that such use is terminated, this Agreement will automatically terminate as of the date of such cessation of use, and Manager shall neither claim nor entitlement to any damages whatsoever from City. ARTICLE 43 Nonwaiver of Rights No waiver of default by either party of any of the terms; covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions, herein contained, to be performed, kept, and observed by the other party. ARTICLE 44 Headings The headings of the articles and sections of this Agreement are inserted only as a matter of convenience and for reference and do not define or limit the scope of intent of any provisions of this Agreement, and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. ARTICLE 45 Entire Agreement This Agreement, together with all exhibits attached hereto, constitutes the entire Agreement between the parties hereto, and all other representations or statements heretofore made, verbal or written, are merged herein, and this Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK. 40 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MAI I BEACH, FLORIDA F ,ate_ - Rafael E. Granado, City Clerk_,(,/�: 11 pan!�,el.=��, Mayor OCT ® 1 r ' � Date ' ORAIEDi' WITNESS'S: ' , ` 44ROJ. ONAL COURSE IVI6N MENT II, LTD. Signature By. Professio al Course Management II, Inc. toa Its ener.I rtne&deka_ Print Name John '. Ponz a, President Date APPROVED AS TO FORM & LANGUAGE & FO EXECUTION City Attorney Date 41 List of Exhibits Exhibit "A" Site Map of Golf Courses and Related Facilities Exhibit "B" Golf Course Maintenance Standards Exhibit "C" Coca Cola Contract Exhibit "D" Cleanliness Index 42 Exhibit"A" Site Map of Golf Courses and Related Facilities 43 Normandy Shore Golf Club 2401 Biarritz Drive Miami Beach, FL 33141 Sh" tNormandy Shores Golf Course Normar Normandy Isle ., Normandy Shore Golf Club 2401 Biarritz Drive Miami Beach, FL 33141 r Yet ..,,.#4r-), .4 ,. . , - P ' , . ' .I .:".1 t.: - .7. 44 -40. . 404 1,-w• ...lik f ♦ o' s,, , . - ,, ,I, „, ,06,-„ .or w. up- V`,tiry..� pT • ,i,.., -_, fi . _ ...e ri , _ a . , % % • a 1►^ A Norman Y LCab( • *•7.3kik 0" � t^, 7 lit ilLitA 4416 r . t Vitellfit.1:11-p 77. , r • 04i" k 4. ` . _ \- - 471: . % , Iik' et •% ,, - ,•-' i-c:I,- * • -_____ , • lifer. ----\ - - - • _.. , 41 ..` -fir', i • F • : _�� .� .. �' `.fir t :r- klip � L r �. F . l rr~ '-a --d r Rr ai: si _ a..: I 4`1 c , - .- • . { - { • jj, wy ? .. S It'. _ Z• .rte 4. .{ i+ y.�,., Iii .� •r - .1 .! Miami Beach Golf Club 2301 Alton Road Miami Beach, FL 33140 am"au 44 i,'i `-J X (n ioZi t O gw rn Q 0' 47 a = 4 a^bort;,. N Washington A SU V/ CD f Illra C co P illik . IP. '''''''.'.'".."'-- r i anV ix piA-111 ,p �Z co C71 a b. 10. C V - Y " _ RCS f0 � � m U G ,y V) O LI Or ci3 co f Alton Rd tt • A C N Bay Rd N Bay Rd d'!/o s`i3cy ~. , cYr 1:1'&4e13 N ��' n r g Miami Beach Golf Club 2301 Alton Road Miami Beach, FL 33140 ataG I. , .: -:________, ---_ : ' ''':117P.,,,..71:72-e:::' ' 4:-/ 4: Ili& ti , P- Sr • ./.....:00 4 ,; ` .• r4ra11 it�e4," , ..,.+14'`•4 , ,' /- iii .oh i. „IrA , �.. / 41 �.y�k-{� L I�f r t. \ �- _.<_- .e '` • r'v1a I,Beach+olf;�iub �, I. + +. a - -'F",' ".i7' �r► , ♦ , '.....iiik: i •• , t t Ito• r - �•+ M \ t;11-s. i :, ► 4 ,rN 7- , Iv . _ . . _ _, . 4' rs I' \ ' „ 6 111111wr', - b ,f #.... 00.4 o , e :t ,..„, "° 1 N'i\ s. . � r!{r s "--Ar* 41i-: •� rile' s'. 1 ..� ' ♦ �rs e c . . •. „• r i C: ;44 -FM me' ,s ,, 4111 ' !, 4 '__ 1 i w Exhibit"B" Golf Course Maintenance Standards 44 BUCHEN Golf Agronomy International , LLC GROW-IN -- ROUTINE MAINTENANCE - TOURNAMENT PLAYING CONDITIONS RESTORATION - RENOVATION- DUE DILIGENCE AGRONOMY AUDITS CONSTRUCTION & IRRIGATION ADVICE- MAINTENANCE BUILDING DESIGN 4772 WILLIAMSBURG GLADE—WILLIAMSBURG,VIRGINIA 23185-2113-USA Phone 757.253,0900—Fax 757.220.3001-Mobile 757.561.7777 www.golfagronomy.com terrybuchen@aarthlink.net Terry Buchen, CGCS, MG President A Consulting Agronomist CITY OF MIAMI BEACH NORMANDY SHORES GOLF COURSE MIAMI BEACH,FLORIDA MAINTENANCE CONDITIONING & MINIMUM EQUIPMENT NEEDED STANDARDS REPORT SEPTEMBER, 2007 PREPARED FOR: MR. KEVIN SMITH DIRECTOR OF PARKS AND RECREATION CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT 2100 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 REPORT # 07-11099 i ii f TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -2- MAINTENANCE CONDITIONING & MINIMUM EQUIPMENT NEEDED STANDARDS: Please Note: All Equipment listed is for mandatory usage and all quantities listed are the minimum amounts required to provide the desired Maintenance Conditioning Standards. SEASHORE PASPALUM GENERAL GROWTH HABITS& GUIDELINES: I am going to provide my thoughts, observations and recommendations regarding the successful growth of seashore paspalum, which will sometimes differ with what the people that are marketing this type of gras.s are telling all of us! • Seashore Paspalum should be grown on its own merits, as it is significantly different compared to growing bermudagrass. Its growth habits and management techniques in many respects rival creeping bentgrass significantly more than bermudagrass and it should be maintained and managed similar to creeping bentgrass. • The following line items are extremely important for success in growing Seashore Paspalum: o The biggest aspect of growing seashore paspalum is to be "Pro-Active" and on cruise control where all aspects of routine maintenance practices are in moderation/consistent — not "Re-Active", where the turf is in decline and are playing"catch-up." o Keeping management practices consistent is highly recommended, o The turf will react "fast" to most management decisions, especially poor management decisions by not doing maintenance practices consistently and quick enough. o It does not like to be injured and when it is it will usually recover slowly, after aerification, i.e.,when injured, it can take up to 4-6 weeks to recover. o It becomes injured from dull lawn mowers,e.g., if"relief grinding" is used the reels should be "lapped" ona weekly basis so that they are constantly sharp and they should be ground whenever needed on a year round basis; when the reels are not relief ground,they should be ground frequently so that the reels and bedknifes are constantly sharp. The reels should always cut a piece of paper each morning before mowing begins and the reels should be adjusted as-needed while out mowing on the golf course on a daily basis. o It does not have to be grown on high TDS water, as it can grow properly on perfect quality irrigation water. Extra"salt" does not have to be added, yl TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION 3 - as it acts like a growth regulator to the turf. o The Salts should be managed properly.If Salts are managed before,during and after managing the turf, it will be successful. o Irrigating deep and infrequently — usually every 4-6 days should be done at all times. o Seashore paspalum is.a prolific Thatch and Organic Matter producer. o Greens (2- minimum with topdressing attachments) & Fairway (1- minimum) Deep Verticutting Machines, e.g., Graden, or equal, should be in the equipment inventory as they will be needed from this point forward. o The nutrients that have the biggest impact on growth and color are Nitrogen (N), Phosphorus (P), Potassium (K), Calcium (Ca), Magnesium (Mg), Iron (Fe), Manganese (Mn) and Zinc (Zn), and to a lesser degree, Copper (Cu), Boron (B) and Molybdenum (Mo). It will always be a challenge to have the right balance and combination of the above listed nutrients. o Fertigation, Granular and Sprayable Fertilizers should be used. Granular Fertilizers will produce a smaller leaf blade than liquids, thus granular fertilizers should be used more than liquids, especially on the greens and collars. o Scalping usually occurs from using too much Nitrogen and from lowering the mowing height increments too fast. o Yellowing discoloration is caused from Calcium imbalance in the soil — not from a deficiency, i.e., the Calcium to Magnesium balance ratio is not correct.The Calcium to Magnesium Ratio must be kept at 3:1 —or even as high as 5:1 on all playing surfaces all year long. o Consistently available Calcium is the most essential nutrient in the Salinity management strategy, i.e., soil applications to counter excess Sodium and to stabilize the soil structure; soil applications for soil solution availability and turf root uptake; and foliar applications for turf shoot and root uptake and nutritional balance from sprayable products or Gypsum Injector. o Potassium is the most mobile nutrient in the soil. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round—to keep the turf strong and to help reduce disease pressure. o Cytokinin applications of Seaweed, Kelp or Yucca extract products should contain>10% extract for adequate Cytokinin replacement levels and plant responses. o It does not extract "salts" from the soil — so when a build-up occurs they should be deep flushed-out as-needed by rainfall or with irrigation. Salt is a gibberellin inhibitor. o High levels of Chlorides will block Nitrate uptake. TERRY BUCHEN, CGCS,MG GOLFAGRONOMYINTERNATIONAL, LLC CITY OF MIA1MI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION -4- o Manganese levels will be extremely low in Salt-challenged soils and supplemental applications should be made above and beyond micronutrient packages. o Hot, dry conditions limit foliar uptake in the plant, but with higher humidity the foliar uptake will be much better. o For every 1- inch of Sodium buildup in the soil, a 1- inch flush with irrigation water or rainfall is required to remove it, which is only diluting the surface. Wetting agents do a significant job of helping flush Sodium from the soils. o Billbugs, especially on bunker faces or where turf is weak, could be a , problem. o Armyworms will come in during the first year,especially on any imported sod,and can get worse as times moves on. o Mole Crickets will be a problem during the first year or two and then will significantly subside after they are chemically treated properly, e.g., Top Choice, Orthane, or equal, and they like to go in the bunker surrounds because they like loose soil. Once the turf is healthy and thick enough they usually cannot get through the canopy density and should become less and less of a problem. • o Tropical Sod Webworm, Spittlebugs, Bermudagrass Mites, Greenbugs (Aphids)and Grubs can also be a problem. o Seashore Paspalum usually will harbor beneficial predator Insects. o Spiral Nematodes will usually hurt the turf at the 4V2 threshold levels, or higher. • o Spiral and Root-Knot Nematodes are Salt tolerant.Lance, Sting, Sheathoid and Ring Nematodes can also be harmful. Test regularly/annually for Nematode count and thresholds. Curfew, Turfcare 376 and Nemacur are chemical cures. o Proxy & Trimmit Growth Retardants will not suppress growth —only the seed heads. Primo Growth Retardant shuts down the growth—but it has no affect on seed heads. o It is normal to have minimal or no visible dew each morning. GREENS &COLLARS: • ♦ Grass Type:Georgia Certified Sea Isle Supreme Seashore Paspalum. • Mower Type & Rollers: Six- (6) Toro Flex 21 Floating Head Walk-Behind Greens Mowers, Or Equal, With Whiele Tournament Rollers used Year Round. Cleanup TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA - NORMANDY SHORES GOLF COURSE MAINTENANCE& MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION 5 Laps Mowed with Two- (2) Walk Behind Greens Mowers with Solid Rollers Year Round,With Roller Scrapers,Year Round. o Groomers & How Often: All Six- (6) Toro Flex 21 Floating Head Walk-Behind Floating Greens Mowers, Or Equal, Equipped With Groomers. Grooming/Slicing Should Be Done 3-5 Times Per Week During The Summertime By Varying Their Depth As Necessary&Appropriate.As Needed During The Wintertime. • Mowing Height: -• Summer: .125—.100-Inches. • Winter: .125—.100-Inches. ♦ Mowing Directions:Seven-(7)Different Directions. �►. Mowing Frequency: + Summer: Seven- (7) Days Weather Permitting; Double Cut 1-2 Times Per Week. + Winter: Seven- (7) Days Weather Permitting; Double Cut 1-2 Times Per Week. • Grass Clipping Disposal& Where: Dispose of in Trash Dumpster. • Stimometer Reading: • Summer: 9-10 Feet;9-Foot Minimum Speed. + Winter: 9-10 Feet;9-Foot Minimum Speed. o Aerified: ♦ Aerifier Type&Quantities:Two-(2) Walk-Behind Greens Aerifiers. ♦ How Often:Three-(3)Times Per Year;May,July, September. ♦ Coring Size: Y2-Inch Diameter Coring Tines Only. • Aerifier Plug: Physically Remove Aerifier Plugs From Green Surface. Fill Aerifier Holes With Topdressing. ♦ Hydroject: One- (1) Toro Hydroject Aerifier; One- (1) Time Per Month Year Round.. • Topdressing: • Routine Topdressing:One-(1)Time Every Week Year Round;Using Original Tested&Approved Greensmix or Original Tested&Approved Straight Sand. • Fill Aerifier Holes with Topdressing & What Kind: Yes; Using Original Greensmix or Original Straight Sand. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -6- • Topdressing Equipment & Quantities: Two- (2) Truckster Mounted Topdressing Machines. • Drag In Topdressing: Use One- (1) Inch Square Mesh Steel Or Cocoa Drag Mat Measuring 6' x 8'. o Spiking: • How Often:One-(1)Time Per Month Year Round;Topdress Afterwards. • Type Spiker& Quantity: One-(1) Set Triplex Greens Mower Mounted Spiker Attachments. • Light Verticutting: • How Often: Every 7-14 Days March Through November Followed By Topdressing. • Direction(s): Four-(4). ♦ Type Verticutter & Ouantitv: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments With Grass Catchers. o Brushing: • • How Often:Every Other Week During Summer; Monthly During Winter. • Type Brush & Quantity: Six- (6) Brush Attachments Mounted On All Walk Behind Greens Mowers. • Tournament Roller: • How Often: Six-(6)Times Per Week. ♦ Type& Quantity:Two-(2) Side-To-Side Tournament Speed Rollers. • Growth Retardants: ♦ How Often: Should Be Applied Every Week During The Summer At Up To 7-Ounces Per Acre; Up To 6.5-Ounces Per Acre During The Wintertime, By Following All Label Directions. (The Turf Can Handle Up To 10-Ounces Per Acre Per Week During The Summertime,By Following All Label Directions.) • Chemical Used:Primo. • Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended Application Rate&Application Intervals Year Round Per Label Directions. • Poa Annua Control Measures: • How Often:As Needed By Following All Label Directions. • Chemical Used: Kerb Herbicide, Or Equal. • Diseases: 4 TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA • NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -7 - • Integrated Pest Management(IPM)Program: Yes. • Preventative Program: As Needed. • Curative Action:As Needed. • • Weeds: • • Program: Post Emergence — Hand Pick First Priority Or Herbicides As Needed By Following All Label Directions. • Pre-Emergence Herbicides &Program:Not Needed. • Nematodes & Program: Testing For Nematodes Two- (2) Times Annually; Preventative& Curative Program As Needed By Following All Label Directions. • Mole Crickets & Program: Chipco Choice Or Chipco Top Choice Curative Program As Needed By Following All Label Directions. • Fertilization: • Program: Following All Soil. Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-4.5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels must be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round—to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. • Fertigation: As Needed As A Supplement Up To 50% Of The Total Fertilizer Required. • a • Liming:As Needed. • Sulfur:As Needed. • Soil Testing&Frequency:Four-(4)Times Per Year. • Thatch&Organic Matter Levels:No More Than 1/4-Inches Thick. • Watering Practices:Use Probes To Check Soil Moisture; Water Deep &Infrequently Whenever Possible—Every 3-4 Days In Summer If Possible. • Hand Watering: As Needed. • Spikeless Golf Shoe Policy: Yes. • When Initiated: At Grand Opening Of New Golf Course. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY 1NTERNATIOATAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 . MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION -8- • Overseeding Winter Program:None. • To produce proper greens speeds for the tournament and for everyday play, the following,should occur: • Canopy density is critical. • Surface stolins should be groomed and lightly verticut. Do not cut too deep to remove any rhizomes. • Grooming should occur regularly. • • Brushing should occur regularly with soft or medium textured brushes. • Granular fertilizers will produce a smaller leaf blade versus liquids. • Watering schedules deep and infrequently every 4-6 days. • Tournament Speed Roller on a daily basis. • Primo Growth Retardant use on a weekly basis. • Mowing Height—lowered gradually so there is no injury. • Topdressing on a weekly basis. • Collars: • Grass Tvpe:Georgia Certified Sea Isle Supreme Seashore Paspalum. • Mowing Height: .500-Inches—Same As Fairways—Year Round. • Width:Thirty-(30)Inches Wide. • Mower Quantity,Type&Rollers:Two- (2)Toro Flex 21 Floating Head Walk Behind Greens Mowers, Or Equal, With Whiele Front Rollers — Use Solid Front Rollers If Wear Pattern Exists. • Mowing Frequency:Three-(3)Days Per Week(MWF). • Mowing Direction:Both Directions. • Aerification: Same As Greens. • • Topdressing:Same As Greens. • Light Verticutting: Same As Greens. • • Fertility: Same As Greens. • Miscellaneous Maintenance Practices:Check For Proper Width As Needed. • Hole Locations: • Changed How Often:Seven-(7)Days'Per Week Year Round. • Chart or System Used:9-Position Hole Location Chart For Each Green. • Cups: • Type: Metal Only. • Painted&Exchanged How Often:Every Other Week Year Round. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -9- • Flaasticks• • Height:Eight-(8)Feet. • Diameter: Y2-Inch. • Color:Florescent Yellow Tournament Flagstick. • Made Of: Fiberglass. • Ferrule:Notched. • Manufacturer: Par Aide or Standard. • Hole Location System: Red, White & Blue Different Colored Flags Designating Front,Middle&.Back Hole Locations,Respectively. • Flags:. • Color:Red, White and Blue. • Made Of:Nylon. • Logo:Embroidered On One-(1)Side. TEEING GROUNDS; • Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. • Mower Quantities, Type & Rollers: Two- (2) Triplex Greens Mowers With Whiele Tournament Front Rollers & Solid Rear Rollers, With Roller Scrapers, Year Round. Use Solid Front.Rollers If Wear Pattern Exists. • Mowing Height: • Summer: .500-Inches. • Winter: .500-Inches. • Mowing Directions:Four-(4), Crosscutting One-(1)Time Per Week. • Mowing Frequency: • Summer:Three-(3)Days Per Week(MWF). Winter:Three-(3)Days Per Week(MWF). • Grass Clipping Removal: • Grass Catchers Used: Yes—Year Round. Disposed Of Properly. • Aerified: • How Often:Three-(3)Times Per Year During May,July &September. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LIC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 10- • Aerifier Tines&Size:3/4-Inch Diameter Coring Tines Only. • Aerifier Plugs: Physically Remove Aerifier Plugs From Tee Surface. Fill Aerifier Holes With Topdressing. • Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • Topdressing: • How Often:Every Other Week Year Round. • Laser Leveled: One-(1)Time Per Year Heavily During Summer Months Only With Tested&Approved Straight Sand. • Type: Same Tested & Approved Straight Sand Only As Used In Original Tee Mix. • Fill Aerifier Holes with Topdressing & What Kind: Yes; Same Tested & Approved Straight Sand Only As Used In Original Tee Mix. • . Topdressing Equipment & Quantities: Two- (2) Truckster Mounted Topdressing Machines. • Drag In Topdressing: Use One- (1) Inch Square Mesh Steel Or Cocoa Drag Mat Measuring 6' x 8'. • Tee Yardage Plaques Mounted Below Turf Surface: • Edged How Often:Every Other Week Year Round. • Spiking: • How Often: One-(1)Time Per Month Year Round;Topdressing Afterwards. e Type Spiker: One- (1) Set Triplex Greens Mower Or Riding Bunker Rake Mounted Spiker Attachments. • Verticutting: • How Often: Two- (2) Times Deeper During Summer (June & August); Every Other Week Routine Light Verticutting Year Round. • Type Verticutter: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments With Grass Catchers. • Soil Added To Divots: • Frequency & Soil Type: Seven- (7) Days Per Week Year Round; Straight Sand-Same Tested&Approved Straight Sand Used In Tee Mix. • Soil Only Bottles on Golf Carts: Yes; Two-(2) Per Golf Cart. • Soil Only Containers on Par 3's:Yes; Adjacent To Every Set Of Tee Markers. • Growth Regulator: TERRY BUCHEN, CGCS,MG GOLF AGRONOMYINTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE& MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 11 - • How Often: Every Three- (3) Weeks March Through November Following All Label Directions. • Chemical Used:Primo. • Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended Application Rate&Application Intervals Year Round Per Label Directions. • Diseases: • IPM: Yes. • Preventative Program: As Needed. • Curative Program:As Needed. . • Weeds&Program: • Post Emergence Program: As Needed With Proper Herbicides Following All Label Directions As Golf Course Must Be Weed Free Year Round. • Pre-Emergence Herbicide(s) & Program: Spring and Fall; Ronstar, Alternating With Dimension Or Barricade—Following All Label Directions. • Poa Annua Control Measures: • How Often:As Needed. • • Chemicals Used: Kerb Herbicide, Or Equal,Following All Label Directions. • Nematodes & Program: Nematode Testing Two-(2)Times Annually; Preventative & Curative Program As Needed By Following All Label Directions. • Mole Crickets & Program: Chipco Choice Or Chipco Top Choice As Needed By Following All Label Directions. • Fertilization: • Program:, Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet Every Other Week. • Fertigation:As Needed Up To 50% Of Total Fertilizer Required. TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 12 - • pH: • Liming:As Needed. • Sulfur: As Needed. • Soil Testing&Frequency:Four-(4)Times Per Year. • Thatch&Organic Matter Levels:No More Than A-Inch Thick. • Watering Practices:Deep and Infrequently To Promote A Good Root System—Every 3-4 Days Or As Needed. • Hand Water: As Needed. • Tee Markers: • Changed How Often: Seven- (7)Days Per Week Year Round. • Overseeding Winter Program:None. • FAIRWAYS &APPROACHES: • • Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum: • Mower Quantity,Type &Rollers: Three- (3)Five- (5)Flex Medium Weight Fairway Mowers With Whiele Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round: • Mower Used For Cleanup Laps &Frequency Used: Same Mower If No Wear Pattern Exists; Triplex Greens Mower With Solid Front Rollers If Wear Pattern Exists Anytime Year Round. • Mowing Height: • Season: .500- Inch Year Round. • Mowing Direction: • Fairways: Four-(4); Cross Cut One-(1)Time Per Week Year Round. • Mowing Frequency: • Summer:Three-(3)Days Per Week(MWF). • Winter:Three-(3)Days Per Week(MWF). TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OPPARKS AND RECREATION - 13 - • • Grass Clippings: Use Nets On All Three- (3) Fairway Mowers To Drag In Grass Clippings. • Grass Catchers Used:No. • Aerified: • How Often:Three-(3)Times Per Year(May,July&September). • Aerifier Tines & Size: 3/4- Inch Diameter Coring Tines Only. Fill Aerifier Holes With Tested &Approved.Straight Sand Topdressing. • Aerifier Plug: Physically Drag Aerifier Plugs Into Fairway Surface; Blow Off Plugs Onto Edges And Remove With Vacuum/Sweeper. • Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • Topdressin. • How Often:Three-(3)Times(May,July & September)Per Year Immediately After Aerification. • Thickness: 3/8-Inch Minimum Thickness For Each Topdressing Application. • Fill Aerifier Holes with Topdressing:Yes—With Tested& Approved Straight Sand Material. • Sand Type: Use Tested & Approved Florida DOT Specification Topdressing Sand, Or Equal. • • Topdressing Machine: One- (1) Large Capacity Fairway Topdressing Machine. • Drag In Topdressing: Use One- (1) Inch Square Mesh Steel Drag Mat Measuring 6'x 8'. • Spiking: • How Often:Every Other Month Year Round. • Type Spiker & Quantity: One- (1) Three Point Hitch Or Tow Type Large Area Fairway Spiker. • Verticutting: • How Often: One- (1) Heavy Verticutting In May Every Year In Conjunction With Fairway Aerification Followed By Topdressing. • Type Verti-cutter: One- (1) Set Five Flex Fairway Mower Mounted Verticut Units Or Contracted Out. • Growth Regulators: • TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR..KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 14- • How Often: Every 3- Weeks March Through November Following All Label Directions. • Chemical Used:Primo. • Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended Application Rate&Application Intervals Year Round Per Label Directions. • Diseases: • IPM: Yes. • Preventative Program:As Needed. • Curative Program:As Needed. • Weeds: ♦ Program: Post Emergence Herbicides As Needed By.Following All Label Directions; Golf Course Must Be Completely Weed Free Year Round. ♦ Pre-Emergence Herbicide Program: Spring and Fall Only; Ronstar, Alternating With Dimension Or Barricade By Following All Label Directions. • Nematode Program: Test For Nematodes Two- (2) Times Annually; Preventative & Curative As Needed By Following All Label Directions. • • Mole Cricket Program: Chipco Choice Or Chipco Top Choice Program By Following All Label Directions. • Poa Annua Control Measures: • How Often: As Needed By Following All Label Directions. • Chemical Used:Kerb Herbicide, Or Equal. • Fertilization: • Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per 'Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. • Fertigation:As Needed For Up To 50%Of Total Fertilizer Required. • �H: TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION - 15 - + Limina: As Needed. • Sulfur: As Needed. • Soil Testing&Frequency:Four-(4)Times Per Year. • Thatch&Organic Matter Levels:3/4- Inch Maximum. • Watering Practices: Deep and Infrequently To Promote A Good Root System—Every 3-4 Days Or As Needed. • Hand Water: As Needed. • Overseeding Winter Program:None. • Soil Added To Divots: • How Often: Every Other Week During Winter; One- (1) Time Per Month During Summer. • Drag Dew in Mornings: ♦ Frequency:Seashore Paspalum Does Not Normally Produce Any Dew. • Sprinkler Head Yardage: • Edging Program:Every Three-(3) Weeks Year Round. • Yardage Markers: • Edging Program:Every Three-(3)Weeks Year Round. • Approaches: • Grass Type:Georgia Certified Sea Isle Supreme Seashore Paspalum. • Mowing Height: .500-Inch—Same As Fairways—Year Round. • How Far In Front Of Green Is Approach Mowed:Varies With Each Golf - Hole. • Mower Quantity,Type&Roller:Two-(2)Triplex Greens Mowers With Whiele Front Rollers and Solid Rear Rollers, With Roller Scrapers—Use Solid Front Rollers If Wear Patterns Exist. • Mowing Frequency: Three- (3)Days Per Week(MWF). ♦ Mowing Direction(s): Four- (4), Cross Cutting One-(1)Time Per Week. • Aerification: Same As Fairways. • Topdressing: Same As Fairways. • Light Verticutting: Same As Tees. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE& MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 16- • Fertility: Same As Fairways. 4 Miscellaneous Maintenance Practices: Hydroject Aerified As Needed. ROUGHS: o Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. • Mower Types: One- (1) 12- Foot Wide Three- (3) Deck Rotary Mower; Two- (2) Utility Triplex Mowers With Whiele Front Rollers; One- (1) 72-88- Inch Wide Out Front Contour Type Rotary Mower; Five- (5) Flymo Type Rotary Mowers; Five- (5) String Line Trimmers. • Mowing Height: 1'/a"-1%". o Mowing Direction:Randomly. • Mowing Frequency: One- (1) Time Per Week Minimum — Spot Mow Second Time Each Week As Needed Year Round. • Grass Clipping Disposal& Where:None Required. • Aerified: • How Often:Two-(2)Times Per Year(May&August. • Aerifier Tines& Size: 3/4-Inch Diameter Coring Tines Only. • Aerifier Plug: Physically Drag Aerifier Plugs Into Roughs Surface And Remove Debris With Vacuum/Sweeper. • Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • Topdressing: • How Often:None. • Spiking: • How Often:One- (1)Time Quarterly Year Round. • Type Spiker: One- (1) Three Point Hitch Or Tow Type Large Area Fairway/Rough Spiker. • Verticutting: TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA. NORMANDY'SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 17 - • How Often: One- (l) Heavy Verticutting In May Every Year Same Time As Fairways. • Type Verti-cutter: One- (1) Set Five Plex Fairway Mower Mounted Verticut Units Or Contract Out. • Diseases: • IPM:Yes. • Preventative Program: As Needed. • Curative Program:As Needed. • Weeds: • Program: Post Emergence Herbicides As Needed By Following All Label Directions;Golf Course Must Be Completely Weed Free Year Round. • Pre-Emergence Herbicide Program: Spring and Fall Only; Ronstar, Alternating With Dimension Or Barricade By Following All Label Directions. • Nematode Program: Test For Nematodes Two- (2) Times Per Year; Preventative & Curative As Needed By Following All,Label Directions. • Mole Cricket Proaram: Chipco Choice Or Chipco Top Choice By Following All Label Directions. • Poa Annua Control Measures: • How Often:As Needed By Following All Label Directions. • Chemical Used:Kerb Herbicide,Or Equal. • Fertilization: • Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. • Fertiaation:As Needed. • pH: • Liming: As Needed. • Sulfur: As Needed.• • Soil Testing&Frequency: Four-(4)Times Per Year. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE& MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 18- ♦ Thatch & Organic Matter Levels: One- (1)Inch Maximum. • Watering Practices:Deep And Infrequently To Promote A Good Root System. • Hand Water: As Needed. • o Overseeding Winter Program:None. o Soil Added To Divots: • How Often: One- (1)Time Per Month Year Round. • Sprinkler Head Yardage&Edging Program:Same As Fairways. WALK PATHS: • Location: Between Front of Championship Tees Connecting Each Tee and Proceeding To The Beginning of Each Fairway. • Width: 6-8 Feet Wide. • Mower Quantity, Type & Rollers: Same Two- (2) Riding Greens Mowers Used For Tees. • Mowing Height: .500-Inch Year Round. • Mowing Frequency:Three-(3)Days Per Week(MWF). • Mowing Direction: Alternating Back And Forth. • All Other Maintenance Practices: Same As Fairways. SHORT ROUGH—Iii 4TERMEDIATE CUT OF ROUGH: • Location: One Mower Width Around The Entire Fairway And Greens Areas. • Width: 6-8 Feet Wide. • Mower Quantity. Type & Rollers: Two- (2) Utility Triplex Mowers With Whiele Front Rollers. • Mowing Height: One-(1)Inch Year Round. • • Mowing Frequency:Three-(3)Days Per Week(MWF). • Mowing Direction: Alternating Clockwise and Counter Clockwise. • MI Other Maintenance Practices: Same As Roughs. TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 19 BUNKERS: • Bunker Rakes: • Manufacturer:Accuform Tournament Rake, Or Equal. • Average Per Bunker:3 —Placed Approximately Every Twenty-(20)Feet. • Where Are Bunker Rakes Placed:Outside Of Bunker. • Major Edging: • How Often: One- (1)Time Per Month Year Round. • Type Edger:Side Walk Edger Blade On String Line Trimmer Or Reciprocator Edging Machine. • Routine Edging: • How Often:One- (1)Time Per Week. 1 • Type Edger: Five- (5) String Line Trimmers For Roughs — With Trimming Head Upside Down During Edging. • Sand Depths: • Slopes: Two-(2)Settled Inches. • Bottoms: Four-(4) Settled Inches. • • How Often Depths Checked: Two- (2) Times Per.Year Minimum During Summer Months &After-Hurricanes As Needed. • When To Add Sand:From May Through October Only. • Raking: • Frequency:Seven-(7)Days Per Week Year Round. •• Riding Bunker Rake & Quantities: Two- (2) All Wheel Drive Three- (3) Wheeled Bunker Rakes. • Hand Rake Edges:Yes;With Metal Leaf Rakes. • Modification of Riding Bunker Rake: Adjust Teeth As Needed To One- (1) Inch Maximum Depth. • 2"Lip Facing Green Only: Yes, So Golfers Do Not Putt Out Of Bunkers. • Raked Up To Edge Everywhere Else On Greenside&Fairway Bunkers:Yes. • Stones or Foreign Debris:Remove Weekly As Needed Year Round. • Weeds&Program:Remove On Weekly Basis Year Round. • Turf Surrounding Bunker Tyne: Georgia Certified Sea Isle Supreme Seashore Paspalum. • Bunker Faces-How Mowed&Frequency:Flymos &String Line Trimmers; 1- Time Per Week; Spot Mow A Second Time As Needed. • Bunker Surrounds-How Mowed &Frequency: Two-(2)Triplex Utility Rough Mowers; 1-Time Per Week; Spot Mowed A Second Time As Needed. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA , NORMANDY SHORES GOLF COURSE MAINTENANCE&MNIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -20- DRIVING RANGE TEE: o Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. o Mower Quantities. Type & Rollers: Two- (2) Triplex Greens Mowers With Whiele Tournament Front Rollers & Solid Rear Rollers,With Roller Scrapers, Year Round. • Mowing Height: • Summer: .500-Inch. • Winter:.500-Inch. • Mowing Directions:Four- (4),Crosscutting One-(1)Time Per Week. • Mowing Frequency: • Summer:Three-(3)Days Per Week(MWF). • Winter:Three- (3)Days Per Week(MWF). • Grass Clipping Removal: + Grass Catchers Used: Yes—All Year Round. • Where Disposed: Trash Dumpster. • Tee Yardage Plaques Mounted Below Turf Surface: • ,Edged How Often:Every Other Week Year Round. • Aerified: • How Often:Three-(3)Times Per Year May, July&September. • Aerifier Tines&Size: 3/4-Inch Diameter Coring Tines Only. ♦ Aerifier Plug: Physically Remove Aerifier Plugs From Tee Surface. Fill Aerifier Holes With Tested&Approved Straight Sand Topdressing. ♦ Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • Topdressing: ♦ How Often:Every Other Week Year Round. + Laser Leveled: One- (1) Time Heavily Per Year During Summer Months Only. + Straight Sand: Same Tested & Approved Straight Sand As Used In Original . Tee Mix. TERRY BUCHEN, CGCS,MG GOLFAGRONOMYINTERVATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION -21 - • Fill Aerifier Holes with Topdressing & What Kind: Yes; Same Tested & Approved Straight Sand As Used In Original Tee Mix. • Spiking: • How Often:One-(1)Time Per Month Year Round;Topdressing Afterwards. • Type Spiker: One- (1) Set Triplex Greens Mower Or Riding Bunker Rake Mounted Spiker Attachments. • Light Verticutting: ♦ How Often:Two-(2)Times Heavily During Summer(June.&August);Every Other Week Year Round. • Type Verticutter: One-(1) Set Triplex Greens Mower Verticut Attachments. • Soil Added To Divots: • Frequency & Soil Type: Seven- (7)Days Per Week Year Round; Straight Sand-Same Sand Used In Original Tee Mix. • Diseases: • IPM:Yes. • Preventative Program: As Needed. • Curative Program:As Needed. • Growth Regulator: • How Often: Every 3- Weeks March Through November Following All Label Directions. • Chemical Used:Primo.. • Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended Application Rate&Application Intervals Year Round Per Label Directions. • Weeds &Program: ♦ Pre-Emergence Herbicide(s) & Program: Spring and Fall; Ronstar, Alternating With Dimension Or Barricade—Following All Label Directions. • Poa Annua Control Measures: • How Often:As Needed Following All Label Directions. • Chemicals Used:Kerb Herbicide, Or Equal • • Nematodes & Program: Testing For Nematodes Two- (2) Times Per Year; Preventative&Curative Program As Needed By Following All Label Directions. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -22- • Mole Crickets & Program: Chipco Choice Or Chipco Top Choice As Needed By Following All Label Directions. • Fertilization: • • Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. ♦ Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. • Fertigation:As Needed. • pH ♦ Liming:As Needed. • Sulfur:As Needed. • • Soil Testing&Frequency: Four-(4)Times Per Year: • Thatch&Organic Matter Levels:No More Than ''4-Inch Thick. • Watering Practices:Deep and Infrequently To Promote A Good Root System. + Hand Water:As Needed. • Tee Markers: ♦ Changed How Often: Seven-(7)Days Per Week Year Round. • Overseeding Winter Program:None. DRIVING RANGE FAIRWAY: • Grass Type: Georgia'Certified Sea Isle Supreme Seashore Paspalum. • Mower Quantity, Type &Rollers: Three- (3) Five- (5) Plex Medium Weight Fairway Mowers With Whiele Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION 23 - • 'Mower Used For Cleanup Laps.& Frequency Used: Same Mower If No Wear Pattern Exists; Triplex Greens Mower With Solid Front Rollers If Wear Pattern Exists Anytime Year Round. • Mowing Height: • Season: .500-Inch Year Round. • Mowing Direction: • Fairways:Four-(4);Cross Cut One-(l)Time Per Week Year Round. • Mowing Frequency: • Summer:Three-(3)Days Per Week(MWF). • Winter:Three-(3)Days Per Week (MWF). • Grass Clippings: Use Nets On All Three- (3) Fairway Mowers To Drag In Grass Clippings. • Grass Catchers Used:No. • Aerified: • How Often:Two-(2)Times Per Year--May&August. • Aerifier Tines&Size:3/4-Inch Diameter Coring Tines Only. • Aerifier Plug: Physically Drag Aerifier Plugs Into Fairway Surface; Blow Off Plugs Onto Edges And Remove With Vacuum/Sweeper. • Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • Topdressing:None. • Growth Regulators:' • How Often: Every 3- Weeks March Through November Following All Label Directions. • Chemical Used:Primo. • Diseases: • IPM: Yes. • Preventative Program:As Needed. • Curative Program:As Needed. • Weeds: Program: Post Emergence Herbicides As Needed; Golf Course Must Be Completely Weed Free Year Round. TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -24- • Pre-Emergence Herbicide Program: Spring and Fall Only; Ronstar, Alternating With Dimension Or Barricade By Following All Label Directions. • Nematode Program: Test For Nematodes Two- (2) Times Per Year; Preventative & Curative As Needed By Following All Label Directions. • Mole Cricket Program: Chipco Choice Or Chipco Top Choice Program By Following All Label Directions. • Poa Annua Control Measures:Kerb Herbicide, Or Equal,As Needed Following All Label Directions • Fertilization: • Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. • Fertigation:As Needed. • PH: • Liming: As Needed. _ • Sulfur:As Needed. • Soil Testing&Frequency:Two-(2)Times Per Year. • Watering Practices:Deep and Infrequently To Promote A Good Root System. • Overseeding Winter Program:None. DRIVING RANGE ROUGHS: • Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY NTERNATIONAL, LLC CITY OF MIAIMII BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE &MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION 25 e ' Mower Types: One- (1) 12- Foot Wide Three- (3) Deck Rotary Mower; Two- (2) Utility Triplex Mowers With Whiele Front Rollers; One- (1) 72-88- Inch Wide Out Front Contour Type Rotary Mower; Five- (5) Flymo Type Rotary Mowers; Five- (5) String Line Trimmers. o Mowing Height: 1'/"-1 Y2". e Mowing Direction:Randomly. • Mowing Frequency: One- (1) Time Per Week Minimum— Spot Mow Second Time As Needed Year Round. • Grass Clipping Disposal &Where:None. e Aerified: • How Often:Two-(2)Times Per Year—May &August. • • Aerifier Tines& Size: 3/4-Inch Diameter Coring Tines Only. • Aerifier Plug: Physically Drag Aerifier Plugs Into Roughs Surface And Remove Debris With Vacuum/Sweeper. • Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • Topdressing: • How Often:None. • Diseases: • IPM: Yes. • Preventative Program:As Needed. • Curative Program:As Needed. • Weeds: • Program: Post Emergence Herbicides As Needed; Golf Course Must Be Completely Weed Free Year Round. • Pre-Emergence Herbicide Program: Spring and Fall Only; Ronstar, Alternating With Dimension Or Barricade By Following All Label Directions. • Nematode Program: Curative As Needed. ♦ Mole Cricket Program: Chipco Choice Or Chipco Top Choice By Following All Label Directions. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERN.ATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE 'MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION -26 • Poa Annua Percentage: • Poa Annua Control Measures: Kerb Herbicide, Or Equal, As Needed By Following All Label Directions. 3 • Fertilization: o Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should .Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high— 2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. • Fertigation:As Needed. • Liming: As Needed. • Sulfur:As Needed. • Soil Testing& Frequency:Two-(2)Times Per Year. • Watering Practices:Deep And Infrequently To Promote A Good Root System. • Overseeding Winter Program:None. PRACTICE PUTTING GREEN(S) AND CHIPPING GREEN: • Maintenance Practices: Maintained Exactly Like The Regulation 18-Greens On The Golf Course. • Hole Locations:Changed Two To Three-(2-3)Times Per Week. • Putting Green Practice Markers &Cups:Nine-(9)Minimum;Metal Only. • Chipping Greens Flagsticks:Three-(3)Using Same Specifications As For Regulation 18- Greens. TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -27 - PRACTICE BUNKERS: • Maintenance Practices: Maintained Exactly Like The Bunkers On The Regulation 18- Holes On The Golf Course. BRIDGES &BULKEIEADING: e Bridges & Bulkheading Wooden Surfaces: All Wooden Surfaces Must Be Treated With The Highest Quality Rated Wood Preservative Per Consumer Reports Magazines Recommendations One-(1)Time Per Year. • Separate Walking Surface For Spikeless Golf Shoe Technology?Minimum Three- (3) Foot Wide Anti Slip Rubberized Surface Required On All Bridge Surfaces. CART PATHS: • a Edged How Often: One-(1)Time Per Month Year Round. • Sweep Entire Surfaces:As Needed For Clean Appearance. • Curbing Frequency of Edging: One-(1)Time Per Month Year Round. e Sealer Used:If Asphalt Surface,Must Seal All Cart Paths Every Two-(2)Years. • Yardage Information on Cart Paths: Clean&Paint As Needed For Crisp Appearance. DRAINAGE: • Catch Basins: Edged Every Three- (3) Weeks Year Round With Bunker Edging Equipment. • • 1 TERRY BUCHEN, CGCS, MG GOLF AGRONOMY INTERNATIONAL LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS • SEPTEMBER, 2007 MR. KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION =28 - IRRIGATION SYSTEM: e Irrigation Technician: One- (1) Full Time Year Round Employee Who Must Check Each and Every Sprinkler Head That It Is Operating And That It Is Turning Every Other Week Year Round. LAKES: o White Amur Fish: Yes; 50- Fish Per Surface Acre In All Golf Course Lakes Added When Golf Course Opens For.Initial Play After Obtaining All Necessary Permits Required. • Lake Maintenance Contracted Out: Administered By Golf Course Superintendent & Management Company. • Who Is Licensed To Perform Lake Maintenance:Lake Maintenance Company. TURF NURSERIES: • Maintenance Practices: Must Be Maintained Exactly Like The Greens,Tees, Fairways and Roughs On The Regulation 18-Holes On The Golf Course. • TREES: • • Maintenance'Practices: All Trees Must Be Free Of Disease and Harmful Insects.Tree Trimming Must Be Done As Needed For Golfer/Employee Safety & Aesthetics, Either In-House Or Contracted Out. Fertilization Must Be Done Om An As-Needed Basis. Exhibit"C" Coca Cola Contract 45 aol7- at779 //�� Execution Version • deo# COCA-COLA PLAZA ATLANTA,GEORGIA March 16,2017 City of Miami Beach _ Attention:Ms.Gisela Torres 1700 Convention Center Drive,Fourth Floor Miami Beach,Florida 33139 Re: Sale'of the Assets of Coca-Cola Refreshments USA, Inc. to Coca-Cola Beverages Florida,LLC Dear Ms.Torres: Reference is hereby made to that certain agreement(the"Agreement"), dated March 14, 2012, by and among the City of Miami Beach, Florida (the"City"), Coca-Cola Refreshments USA, Inc. d/b/a Florida Coca-Cola Bottling Company("CCR") and The Coca-Cola Company, acting by and through Coca-Cola North America,attached hereto as Exhibit A. As you know from our prior communications,CCR has transferred certain of its assets to Coca-Cola Beverages Florida, LLC("CCBF"). In connection with such transfer,CCR formally requests the City's consent to: (i) assign all of CCR's right, title and interest in and to the Agreement to CCBF,including those rights noted in the Agreement as non-assignable by CCR, as of February 25,2017(the"Assignment Effective Date")and(ii)CCBF's assumption of all of CCR's obligations and liabilities under the Agreement from and after the Assignment Effective Date (collectively, the "Assignment"). CCBF hereby accepts the Assignment and further assumes and agrees to perform all of the duties and obligations of the Bottler under the Agreement,subject to the Agreement's terms,from and after the Assignment Effective Date. By consenting to the Assignment,the City acknowledges and agrees that the Agreement shall remain in full force and effect after completion of the Assignment and that there is no default or breach by any party under the Agreement in connection with, or as a result of, the Assignment, and the City agrees to release CCR from all liabilities and obligations under the Agreement arising after the completion of the Assignment. From and after the Assignment Effective Date, all references to the Bottler or "CCR" under the Agreement shall be construed to refer to CCBF. The address for notices to Sponsor, as set forth in Section 10 of Attachment A to the Agreement shall be as follows: Coca-Cola Beverages Florida,LLC 10117 Princess Palm Avenue,Suite 400 Tampa,Florida 33610 Attention:Thomas Benford,Executive Vice President tbenford@cocacolaflorida.com Classified-Confidential With a copy to: Deborah Pond,Vice President and General Counsel dpond@cocacolaflorida.com at the address above- _ -- We would greatly appreciate that you indicate your consent by countersigning in the space below. [Signature page follows] • Classified-Confidential Execution Version Sincerely, THE COCA-COLA COMPANY,ACTING BY AND -T a t OUGH COCA-COLA NORTH All RICA By Fm. Nam JAM. Douglas, Jr: Title: President, Coca-Cola North America Date: March 16, 2017 COCA-COLA REFRESHMENTS USA,INC.D/B/A ,ORIPA COCA-COLA BOTTLING COMPANY . By: � a Name: J.A.M. Douglas, Jr. Dte: Date: President,Coca-Cola North America March 16, 2017 COCA- OLA BEVERA S FLORIDA,LLC gv. Name: 1)"63€)1=4%,k \.7.y Title: v�l c ;f?r;oE! G-;; t,z L, �::LLitu5"t L.- Date: 3 , �� . �.� ACCEPTED,; CKNOW,r=DGED AND AGREED CITY OF , MT BL+AC. FLORIDA Name: Title: Date: 3122'117 APPROVED AS TO FORM&LANGUAGE A'1�"tST: &FOR EXECUTION 1.„1 i1 t - ,(-- 3 — Raf el E. Granado,City lerk City Attorney n All Date . Signatut a Page-to,.Gity ofMYltamt Beach Consent Letter • • f ' March 14,2012 Mayor Matti Herrera Bower • • Mayor of City of Miami Beach 1700 Convention Center Drive , Miami Beach,FL 33138 • Dear Mayor: This letter confirms the agreement made by and among the City of Miami Beach, Florida ("City"), Coca-Cola Refreshments USA, Inc. d/b/a Florida Coca=Cola Bottling Company ("Bottler")and Coca-Cola North America, a division of The Coca-Cola Company ("Company",and collectively with Bottler, "Sponsor"), which sets forth certain exclusive rights granted to Bottler by City,as set forth in the Term Sheet and Exhibits attached thereto,all of which are attached hereto as Attachment A. 1. Term Sheet and Definitive Aereement The Term Sheet and Exhibits attached thereto are hereby incorporated herein in their entirety. This letter and the Term Sheet,together with any other attachments referenced in either,will constitute a legally binding agreement (the"Agreement")when this letter is signed by all parties in the spaces provided below. All capitalized terms not defined in this letter shall have the meanings assigned to them in the Term Sheet. This letter shall prevail in the event of any conflict between the provisions of this letter and the Term Sheet. 2. Advertising Rights • (a) City agrees that Bottler's advertising shall be positioned at all times in such a manner that the advertising message is in no way obscured(electronically or otherwise)and is clearly visible to the general public. The Products shall be prominently listed on any menu boards located at the Facilities and all Equipment(as such term is defined herein)dispensing Products shall beprominently identified with the appropriate trademarks/logos. • • (b) City further agrees that all Products will be dispensed in Sponsor's Equipment and that no other trademarked,equipment,coolers or containers will be permitted. 3. Product Rights • (a) City shall purchase or shall cause its Concessionaires to purchase, all Products,(and cups,lids and carbon dioxide,if applicable)directly from Bottler. . (b) City hereby grants to Bottler the exclusive Beverage rights at the Facilities, except as may be otherwise provided for in this Agreement and Exhibits. (c) • If City contracts a concessionaire, City will cause concessionaire to purchase from Bottler all requirements for Beverages (and cups, lids and carbondioxide, if applicable). Such purchases will be made at prices and on terms set forth in Bottler's. existing agreement with concessionaire, if any. If no agreement exists - between concessionaire and Bottler, such purchases will .be made at prices and on terms set forthin this . Agreement. City acknowledges that there will be no duplication of allowances, funding or benefits (including pricing)to City or concessionaire if concessionaire has an existing agreement with Bottler, ' s • 1 •0 • • - Y • • 4.' Equipment and Service • (a) Bottler Equipment and Service: During the Term,Bottler will loan to City,pursuant to the terms of Bottler's equipment placement agreements,at no cost,that Beverage vending equipment reasonably requiredand as _ mutually agreed upon to dispense Products at the Facilities("Bottler Equipment"). In addition,Bottler will provide - _ - at no charge regular mechanical repair reasonably needed for Bottler Equipment,as further outlined in Exhibit 7 to- the Term Sheet. Prior to Bottler's.installation of Bottler's Equipment at a particular Facility,the City shall provide Bottler with written confirmation that it has conducted an inspection of the electrical service at such Facility and that, based on such inspection, the City finds that the electrical service at the Facility is proper and adequate for installation of Bottler's Equipment.Notwithstanding the preceding,if at any time following Bottler's installation of Bottler's Equipment at a Facility,Bottler's Equipment is damaged as the direct result of defective electrical service at the Facility, then the City will reimburse Bottler for the cost of repair or replacement, as the case may be, of BottIer's Equipment, pursuant to the filing of a claim with the City's self-insurance fund. Notwithstanding the preceding,the City shall not be responsible nor liable to Bottler under this subsection for any damages to Bottler.s Equipment which is not caused as a direct-result of defective electrical service at a Facility (including, without Iimitation, any damage to Bottler's Equipment which is caused due to the negligence or misconduct of Bottler's employees,contractors,and/or agents,or from any other cause or act other than faulty electrical service). (b) Fountain Equipment and Service: During the Term,Company will loan to City, pursuant to the terms of Company's equipment placement agreement, at no cost, that Fountain Beverage dispensing equipment reasonably required and as mutually agreed upon to dispense a quality fountain Beverages at the Facilities ("Fountain Equipment")(collectively,Bottler Equipment and Fountain Equipment are called "Equipment"). No ice makers or water filters will be provided. All Fountain Equipment provided by Company will at all times remain the property of Company and is subject Company's equipment agreement,but no lease payment will be charged. Ta the extent that Fountain Equipment loaned from Company under this Agreement is located at Facilities that are owned, controlled or managed by a concessionaire of City or other persons not party to this Agreement, City will include provisions in its agreements with such concessionaires that recognize that the Fountain Equipment is owned by Company and that obligates the concessionaires to honor the terms and • conditions such equipment agreement. • Company (or Bottler) will provide at no charge regular mechanical repair reasonably needed for Fountain • Equipment. Any removal, remodel, relocation or reinstallation .of dispensing equipment, flavor changes, summerize/winterize, line changes, or service necessitated by damage or adjustments to the equipment resulting from misuse,abuse,failure to follow operating instructions,service by unauthorized personnel,unnecessary calls (equipment was not plugged in, CO2 or fountain syrup container was empty), or calls that are not the result of mechanical failure (collectively "Special Service Calls"), are not considered regular service and will not be provided free of charge. Charges for Special Service Calls will be charged at Company's (or Bottler's) then current rate and will be invoiced on a semi-annual basis. Charges will include labor, travel time, parts, and administrative costs. 5. Competitive Products Prohibited. (a) City agrees that it will not knowingly permit any Competitive Products to be sold, distributed, served,sampled, marketed,advertised, or promoted in any mariner at the Facilities,or in association with City,the Facilities or the City trademarks,during the Term, except as outlined in this Agreement. (b) City agrees that City will not grant any rights, or enter into any contractual or other relationship, • • whereby City, the Facilities, and/or the City trademarks will be, or have the potential to.be, associated in any manner,with any Competitive Products,except as outlined in this Agreement and the Term Sheet. { . 2 (c) If-City-learns-of-any- eiitivc Preduets-bei � ., • - ' -a, . • onrute'd'ir anyitrannnur which implies an association with City, Facilities or City trademarks (hereinafter referred to as "Ambush Marketing"), City will promptly notify Bottler in writing of the Ambush Marketing; and also will promptly use its = exclusive efforts,and .assooperat ingoodwith Bottler,to prevent or stop such Ambush Marketing in order to protect the _, acooperate g al rights anted to Bottler under this Agreement. (d) Special Promotional Events Exception. See Exhibit 8. (a) The City will provide Bottler with no less than thirty(30)calendar days prior written notice of each event which it intends to designate as a Special Promotional Event. (f) The private,personal consumption of Competitive Products by athletes, coaching staff,musicians, actors, comedians, or other entertainment personalities appearing and performing at the Facility is allowed and will not be considered a Special Promotional Event. City shall use efforts to ensure such consumption„is limited to private areas and may not be permitted in any area of the Facility to which the public or any member of the print or electronic media has legal access. (g) Product availability at Facilities for private events.A.private event at a Facility shall mean the use of a Facility,,either through the rental of the Facility or through the issuance of a City-approved Special Event Permit, by a person(s) or business entity (ies) (i.e. such as a corporation) which is not open or accessible to the general public either free or via a purchased ticket.For example purposes only,private events may include,but not be Iimited, to the following: weddings, bar mitzvah/bat mitzvah and corporate events. Product availability and exclusivity at private events shall be handled as follows: Only Products will be sold, distributed, sampled or otherwise served at Facilities at any time. Notwithstanding the foregoing, Competitive Products may be distributed at no cost by the user of the Facility for private events,provided that Products will continue to be the only Products sold,distributed,sampled,or otherwise served by Facilities concession operations. (h) Product availability at Facilities as it relates to charitable events (including, events produced by not-for-profit,entities with valid tax exemption from the IRS)at Facilities or at City-Permitted Special Events(e:g., Relay for Life, Aids Walk, American Cancer Society), shall be handled as follows: Only Products will be sold, distributed, sampled.or.otherwise served at Facilities at any time. Notwithstanding the-foregoing, Competitive Products may be distributed at no cost by the charitable organization using the Facility provided that Products will continue to be the only Products sold, distributed, sampled, or otherwise served by Facilities concession operations and that Bottler had opportunity to supply Products for the charitable event and declined. 6. Consideration. (a) Pricing. Pricing(including price increases)will be implemented as outlined in the Term Sheet. b ( ) Credit Card Readers and Funding. Bottler and City will mutually agree to install credit card readers in select Beverage dispensers,which are identified as high traffic locations. Bottler will pay for the credit card readers in an aggregate amount of not to exceed Ten Thousand Dollars ($10,000). This funding will be earned over the Term of the Agreement. City shall have no responsibility to fund any overage for payment of the credit card readers should they exceed Ten Thousand Dollars ($10,000). Bottler shall be responsible for all maintenance and repair of the credit card readers. Upon termination or expiration of the Agreement, City shall return all credit card readers toBottler. 7. Trademarks:Approvals. .• (a) City acknowledges that The Coca-Cola Companyis the owner of all right and title in the trademarks"Coca- Cola","Diet Coke","Sprite","DASANI", "Minute Maid","POWERADE","Fanta""vitaminwater""Full Throttle", "NOS"and_other trademarks of The Coca-Cola Company,and it acquires no rights whatsoever in these trademarks 3 A�! , aF b virtue of this A. ee -• - - to-submit-alL-pragese: ; - . - : ._ • . -.• v, . ponsor. for approval prior to use,but such approval shall not be unreasonably withheld. (b) Bottler acknowledges that City is the owner of all right and title in the service mark"MiamiBeach"and that —Bottler acquiresnorights whatsoever in the service mark by virtue of this Agreement. Bottler shall have the right to use the City's service mark during the Term in connection.with its marketing activities at the Facilities. Bottler agrees to submit all proposed uses of City's service marks to City for approval prior to use,but such approval shall not be unreasonably withheld. . 8. Termination (a) Notwithstanding the other provisions of this Agreement, if any federal, state or local law, rule, regulation or order prohibits, restricts or in any manner interferes with the sale or advertising of Beverages at any time during the Term of this Agreement, and the City fails to cure such breach within thirty (30) days following written notice of sane from Bottler then, at its option, Bottler may terminate this Agreement and City shall (i) return any Equipment,and(ii)pay to Bottler the unearned portion of pre-paid Sponsorship Fees for the Agreement - Year in which the termination occurs(pro-rated through the date of termination),if any,as well as any other upfront funding deemed earned over the Term,if any,prorated through the date of termination. (b) City represents and warrants that it has full right and authority to enter into this Agreement and to grant.and convey to Bottler the rights set forth herein. In the event of expiration or revocation of such authority,and if the City fails to cure such breach within thirty(30)days following revocation of full right and authority,then at its option,Bottler may terminate this Agreement, and City shall (1) return any Equipment; and (ii) pay to Bottler the unearned portion of pre-paid Sponsorship Fees for the Agreement Year in which the termination occurs(pro-rated through the date of termination),if any,as well as any other upfront funding deemed earned over the Term,if any, pro-rated through the date of termination,. • (c) If Battler breaches any of its material obligations under this Agreement, and fails to cure such breach within thirty (30) days following written notice of same from the City, then City may terminate this Agreement and Bottler shall remove all Equipment from the Facilities,and the City shall be entitled to retain the earned portion of any pre-paid Sponsorship Fees for the Agreement Year in which the termination occurs(pro-rated through the date of termination),if any;other upfront funding deemed earned over the Term,if any,prorated through the date of termination;and any fees or payments due for the Agreement year in which the termination occurs,such as commission fees,if any. (d) Notwithstanding the above,nothing in this section shall operate to restrict any other remedies that either party may have against the other in the event of a material breach by a defaulting party. • 9. Insurance The Bottler acknowledges that the City is self-insured,as provided in Attachment B to this Agreement. Bottler shall, at its sole cost and expense,obtain,provide and maintain,during the Term,the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida }' F'- and have a 3+VI or higher rating in the latest edition of AM Best's Insurance Guide: 1) Commercial General Liability. A policy including, but not limited to, commercial general liability, including bodily injury, personal injury, property damage, in the amount of$1,000,000 per occurrence. Coverage shall be provided on an occurrence basis. i= 4 • 2) Workers' Compensationper thc statutorylimitsEmployer's f the Sta e of FloridaFlonda and Liability Insurance. 3) Automobile Liability-$1,000,000 combined single limit for all owned/non-owned/hired automobiles. Said policies of insurance shall be primary fol-Sponsor/Bottler's'negligence only to-and contributing with any" • other insurance maintained by Bottler or City,and all shall name City of Miami Beach;Florida as an additional . - insured on the commercial general liability and automobile liability policies. Sponsor shall provide thirty (30) days written notice to City prior to policy cancellation. • Bottler shall file and maintain certificates of the above insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the Term. 10. Notices Any notice or other communication under this Agreement must be in writing and must be sent by registered mail or by an overnight courier service (such as Federal Express)that provides a confirming receipt. A copy of the notice must be sent by fax when the notice is sent by mail or courier. Notice is considered duly given when it is properly addressed and deposited (postage prepaid) in the mail or delivered to the courier. Unless otherwise designated by the parties,notice must be sent to the following addresses: • (A) Notice to Sponsor. Coca-Cola Refreshments USA,Inc.d/b/a Florida Coca-Cola Bottling Company 3350 Pembroke Road • Hollywood,Florida 33021 Attention: V.P.Market Unit,South Florida Fax: 954-986-3173 Ticket Addressee:V.P.Market Unit,South Florida • Fax: 954-986-3173 • With a copy to: Coca-Cola Refreshments USA,Inc. . • 2500 Windy Ridge Pkwy Atlanta,Georgia 30339 Attention: General Counsel • (B) Notice to City. City of Miami Beach • • 1700 Convention Center Drive • Miami Beach,Florida 33138 • 0 • Attention:Hilda Fernandez • • Fax:305-673-7782 . i • • . f 11. Governing Law • This Agreement and any dispute arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Florida,without reference to its conflict of law rules. 12. Compliance with Law a i 5 1 as i • Each-e °; --- - - a •as-- ,in 1 s per ormance o'its obligations hereunder, fully comply with all applicable laws, regulations and ordinances of all relevant authorities and shall obtain all licenses, registrations or other approvals required in order to fully perform its obligations hereunder. 13..._. Retention of Rights - No party shall obtain, by this Agreement, any right,title or interest in the trademarks of the other,nor shall this Agreement give any party the right to use, refer to, or incorporate in marketing or other materials the name, logos, trademarks,service marks or copyrights of the other, except as may be expressly provided and authorized herein. . 14. Jury Waiver EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT ANI) THE TRANSACTIONS IT CONTEMPLATES. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING,WHETHER ARISING IN CONTRACT,TORT OR.OTHERWISE. 15. Entire Agreement This Agreement and its exhibits contains the entire agreement between the parties with respect to the subject • matter hereof. This Agreement may not be assigned without the prior written consent of all parties; provided, however, that Bottler may assign this Agreement in connection with its reorganization or the sale of all or substantially all of its assets. All amendments to or waivers of this Agreement must be in writing signed by all the .parties. The Coca-Cola Company,acting by and through. City of Miami Beach __...___........ its Coca-Cola North America Divisio 1 �. G //./ /' By: .' . /-1 r./ ' Print Name: " ! sl p H. Lvpwer Print Name: SitlC2nvte. � Ur �. . Title: i B ya or • Title: 5i': V p. 1,� {'K �- 3/2. /`L 3111,4)2- i Coca-Cola Refreshments USA,Inc.d/b/a Florida { Coca-Cola Bottling Company BY: ITIghtli,Vr------) s Print Name: Sq' uy a'Syyi Title: 4o 1 Ca 1\( � �' 1 g�,"", APPROVED AS TO �Q. . •• �,Q ,� FORM LANGUAGE '�, &-FOR ECUTION i I- --- cee-•;�;- .. INCORP tORAT 'r 4Alle " 3-15- 12 r"'irk i .P d ''thu,,,,- nw�r _ 0.av . 1 . ATTEST 1i l e• 1 j Attachment A _._ _ - ..__._,. . __.TERM SHEET- _ EXCLUSIVE NON-ALCOHOLIC BEVERAGE AGREEMENT . CITY OF MIAMI BEACH AND COCA-COLA REFRESHMENTS USA, INC. and COCA-COLA NORTH AMERICA, A DIVISION OF THE COCA-COLA COMPANY 1. DEFINITIONS: Bottler: Coca-Cola Refreshments USA, Inc. d/b/a Florida Coca-Cola Bottling Company Company: Coca-Cola North America, a division of The Coca-Cola Company Sponsor: Collectively, "Bottler" and "Company" City: City of Miami Beach ` Agreement: Exclusive Non-Alcoholic Beverage Agreement Facilities: Includes the following Miami Beach property, including any land, building, structures and/or other facilities thereon: Miami Beach Golf Club; the Normandy Shores Golf Club; The Fillmore Miami Beach at the Jackie Gleason Theater (upon the expiration of the current management agreement); the Miami Beach Convention Center;all currently existing City of Miami Beach owned parks and recreational facilities; all currently existing City of Miami Beach owned public parking garages which are either directly operated by the City, through its Parking System, or by a third party who, pursuant to a management or concession agreement with the City, is contractually authorized to operate and manage such garage on behalf of the City; all currently existing public beachfront concessions which are either directly operated by the City or by a third party who, pursuant to a concession or management agreement with .the City, is contractually authorized to operate and manage suchconcession on behalf of the City; and any additional future Facilities or expansion of existing or future Facilities, including but not limited to, the concession facilities at 21st and 46th street and at South Pointe Park and the Miami Beach Convention Center. facility expansion, except as may be otherwise be excluded in the Agreement. Bevera•e: all non-alcoholic beverages of any kind including but • not—limited—to—cuff-- • •• - • •• • , • - rated- energy aterenergy drinks, including those: in small servings; protein- enhanced dairy beverages; frozen drinks (e.g. ICEE) and smoothies made-.from---concentrate;-=and -the--pre-mix and/or - post-mix_ syrups ..used to prepare fountain Beverages. "Beverage" or "Beverages" shall not include dairy products _ --- except as noted. above (e.g. milk, yogurt, ice cream), water drawn from the public water supply, or unbranded juice squeezed fresh at the Facilities. Products; Beverage products purchased directly from Bottler, • or with written Bottler approval from, or Bottler's authorized •• distributor, or sold through vending machines owned and_ stocked exclusively by Bottler. Competitive Products: Beverages which are not Products. 2. AGREEMENT TERM: The Term shall begin January 1, 2012 and will continue until December 31, 2021 (the "Term"). When used in this Term Sheet, the term "Agreement Year means each consecutive twelve-month period during the Term, beginning with the first day of the Term. 3. EFFECTIVE DATE: January 1, 2012 4. EXPIRATION DATE: • December 31, 2021 as to all Facilities 5. SPONSORSHIP FEE: • $3,725,000 for the Term of the Agreement. • First installment of$800,000 (includes sponsorship fee for Agreement Year One and signing bonus) will be paid within sixty (60) days of execution of the Agreement by all parties. The portion pertaining to the signing bonus ($475,000) will be deemed earned over the Term and the portion pertaining to the sponsorship fee for the Agreement Year One ($325,000) shall be deemed earned evenly on a • monthlybasis during the first Agreement Year. • $325,000 due each Agreement Year thereafter during the Term of the Agreement, due upon the anniversary date of • the Agreement and will be deemed earned over the Agreement Year. (Subject to purchase of a minimum of 22,500 cases of bottles/cans per year.) 6. COMMISSIONS: Commissions to be paid quarterly in arrears by Bottler to City based upon cash collected less taxes and as per the , Commission Rate Structure according to Bottler's sales records. (Exhibit 1) 7. COMMUNITY: SUPPORT/ Bottler will provide City with a total of $17,500 in cash for the 2 ai COMPLIMEN-TARY purchase of cquipment–o • - • •• • i aily agreed PRODUCT: upon) Bottler shall provide City, upon City's request, with up to 450 standard physical cases of complimentary Product (12 ounce CSD cans and/or DASANI 12 ounce bottles) per Agreement year for a Product bank to be used by the City. If City does not request complimentary Product by the end of each year, any remaining complimentary Product shall be retained by Bottler with no further obligation to Account. Bottler will provide • complimentary Product donation report upon Account's request. 8. ADVERTISING & SPONSORSHIP: Bottler has the exclusive right to advertise Products (i) at the Facilities and (ii) in connection with the Facilities. No • permanent or temporary advertising, signage or trademark visibility for Competitive Products are permitted anywhere at the Facilities, except as permitted pursuant to the Agreement. Advertising rights are further delineated in Exhibit 2. Bottler has the exclusive right to advertise the Products as the "Official" or "Exclusive" soft drink, sports drink, dairy-based protein drink, water, tea, energy drink, and/or juice or juice drink, etc, of the Facilities, of the City of Miami Beach and of South Beach. Bottler will be the exclusive advertiser of Products associated with the Facilities. 9. PRODUCT RIGHTS: • Bottler has the exclusive right to sell or distribute Products at the'Facilities. No Competitive Products may be sold, dispensed, sampled or served anywhere at the Facilities, or on the City's public rights-of-ways, except as may otherwise be provided for in this Agreement. 10.EXCEPTIONS: Except for those Facilities specifically enumerated in Section 1., "Facilities" shall NOT include any City of Miami Beach property (including any City-owned land, buildings, structures, and/or other facilities thereon) which—as of the Effective Date—is used, occupied, controlled, and/or managed and operated by a third party (or parties) pursuant to any of the following agreements between the City and such third party(ies): (i) lease agreement; (ii) concession agreement; (iii) operation and management agreement; (iv) development agreement; (v) easement agreement; (vi) license and/or use agreement; (vii) revocable permit; and/or(viii) any other written instrument between the City and such third party(ies) which establishes a contractual right on behalf of such third party(ies) for the use and/or occupancy of City property. This shall include, but not be limited to, any City property occupied by a tenant through a lease or rental agreement (including, without limitation, leases or rental agreements for office, • 3 ii 7. . retad;andfor commercial uses(s) in City-owned buildings); any City property managed and operated, and/or otherwise used, by a third party(les) pursuant to a management agreement or -concession-agreement; private- upland. owner • beachfront concessions which are issued a permit by the City (and which are neither operated directly by the City, nor by a third party on behalf of and pursuant to a contract with the City); sidewalk cafes which are issued a permit to operated , pursuant to the City's Sidewalk Café Ordinance, as may be amended from time to time; "public-private projects developed and constructed pursuant to a Development Agreement (pursuant to therequirements of the Florida Local Government Development Agreement Act under Chapter 163, Florida Statutes); any hotel or retail development related to the expansion of the Miami Beach Convention Center that is not . managed as part of the Convention Center operations (e.g. adjacent commercial retail, hotel, etc.); public bus shelter advertising managed by a third party under contract with the City; and advertising permitted pursuant to the City's current agreement for the public bike-share concession. Notwithstanding the preceding, the City will: i) make reasonable good faith efforts to meet with the bike-share concessionaire and negotiate an amendment to the existing • bike-share concession agreement, which must also be subject to agreement by the bike-share concessionaire, to prohibit the bike-share concessionaire from advertising Competitive Products; ii) if City renews the -bike-share concession agreement with the bike-share concessionaire, then, as a condition to such renewal, the City Manager will recommend that such renewal be conditioned that such renewal include a term prohibiting the bike-share concessionaire from advertising Competitive Products; and iii) no advertising. of Competitive Products shall be permitted on bike-share station kiosks during the Term should the City, after the Effective Date, approve advertising for placement,on bike-share kiosks. • Should the City enter into any new bike-share agreements during the Term, no advertising of Competitive Products shall • be permitted on the bicycles used for that bike-share agreement(s). Further, for the following locations which are under apre- existing concession and/or use agreement (i.e. in effect prior • to the Effective Date of the Agreement) with a Competitive Products supplier, those Facilities will come under this Agreement after such Competitive Products agreement is terminated or expires, or-until such time as the concession or use agreement with the City for those Facilities is terminated, 1 expires or is subject to any renewal- provisions. The current 4 . s , list of sueh-atititie ,.- . - - •.' _ '. ._ - , are as-follows: . 1) 21st Street/46th Street Beachfront Concession/Tim Wilcox, inc.- 11/30/2012 2) South Pointe Park Concession/Blissberry— 11/30/2012 3) Normandy isle Pool Concession Stand/E. Gomez— 11/0912011 City agrees that it will not knowingly permit any Competitive Products to be sold, distributed, served, sampled, marketed, advertised or promoted at the Facilities,or in association with • City, except, and as further explained, in Exhibit 8: a Third party exhibitor set ups at Facilities or during City- Permitted Special Events in accordance with the City's Special Event Permit Guidelines, as same may be amended from time to time. Charitable events at Facilities or at City-Permitted Special Events where Competitive Product are donated to the charitable event; a Availability. at City-Permitted Special Events .only within Special Event Permit Area (as such term is defined in the City's Special Event Permit Guidelines, as same may be amended from time to time). a Up to four (4) sponsorship events at the Miami Beach Golf Club, and up to four (4) sponsorship events at the Normandy Shores Golf Club each Agreement year; '® up *to three (3) sponsorship events at the Miami Beach Convention Center each Agreement Year (the number limitation for the sponsorship events at the Miami Beach Convention Center is subject to a review after three (3) Agreement Years); a a mutually agreed upon number of sponsorship events at the Fillmore Miami Beach at the Jackie Gleason Theater (upon expiration of the existing management agreement); and s up to four (4) City-issued Special Event Permits for a "City Approved Major Sponsorship Public Event", each Agreement Year, which includes an event sponsored by a • manufacturer, distributor, or marketer of Competitive Products under a master sponsorship agreement with the owner or operator of the sponsorship event; an event " conducted on a national or regional multi-market basis; and/or an event where a competitor is the presenting, title or other primary sponsor of the event. The number limitation for City-Issued Special Events is subject to a review after three (3) Agreement Years, i 5 ; i . Whenever possible, City will make reasonable good faith efforts to encourage third party users of the_ Golf Courses and Convention_ Center,".and.._Special_Event organizers,-to-=use Bottler's Products for their non-alcoholic-"beverage needs. Since third party organizers who apply for Special- Event - Permits will be permitted to sell only Bottler's Products; City will amend City's Special Events Permit Application and City will provide Sponsor contact information through the City's Special Events Permit Application process. 11.MARKETING PROGAM: Bottler agrees to provide Account with annual in-kind marketing support fund with an approximate retail value of Two Hundred Thousand Five Hundred Dollars ($200,500) as further delineated in Exhibit 3. 12.RECYCLING PARTNER: Bottler shall be designated the official "Recycling Partner" of Account. In consideration of this designation, Bottler shall provide, at their cost, the services/products delineated in Exhibit 4, with a minimum total value of $15,000, andup to $25!000 over the entire Term 13.VENDING . PROGRAM/OTHER City agrees that Bottler shall place a minimum of sixty-five (65) • EQUIPMENT Product vending machines in mutually agreed upon locations at the Facilities, and Bottler will loan to City at no cost, Beverage dispensing equipment as reasonably required and as mutually agreed upon to dispense Products at the Facilities, • and in accordance with Exhibit 5. 14.CiTY SUPPORT: in consideration of the partnership, City grants to Bottler: Twenty-six (26) rounds of golf each Agreement Year (max of eight during peak season; no more than twelve at Miami Beach Golf Course; benefit does not roll over); a minimum of four (4) free tickets to at least six (6) ticketed events at Facilities each Agreement Year, subject to availability (e.g. Art Basel Miami Beach, Auto Show, South Beach Comedy Festival at the Fillmore, etc.). Additional tickets will be provided as available. Benefit does not roll over. 15.PRICING: Battle/Can Pricing: City is entitled to purchase. bottle/can . Products from Bottler in accordance with the price schedule set forth in Exhibit 6; prices shall remain in effect until July 31, 2012. Thereafter, such prices will be subject to an annual increase of no more than four percent (4%) over the previous Agreement Year's price. Fountain Products or Georgia Coffee Pricing: Bottler will sell fountain Products to City at the National Account prices, as • 6 { - •a -• •y :. tier in January of each year. Georgia Coffee pricing shall be provided quarterly based on commodity markets. - Purchasing: All Product shall be purchased. directly.from Bottler,except for those Products that Bottler.identifies can be purchased from an authorized Coca-Cola distributor. • 16.TERMINATION: If City breaches any of its material obligations set forth in this Agreement, and fails to cure such breach within thirty (30) days following written notice of same from Bottler, then, Bottler may terminate this Agreement, and City shall (i) return any Equipment, and (ii) pay to Bottler the unearned portion of any pre-paid Sponsorship Fees for the Agreement Year in which the termination occurs (pro-rated through the date of termination). if Bottler breaches any of its material obligations set forth in this Agreement, and fails to cure such breach within thirty (30) days • following written notice of same from City, then, City may terminate this Agreement, and Bottler shall (I) remove any Equipment, and (ii) pay to City the earned portion of any pre- paid Sponsorship Fees or other fees or payments due for the • Agreement year in which the termination occurs (pro-rated through the date of termination). City shall not be in default in the event of any claim filed in relation to City's restriction on Competitive Product sampling; provided, however, the Bottler shall have• the following remedies: 1) ability to renegotiate financial terms, as appropriate, within a.specified time (e.g. 90 days); or, 2) failing to negotiate terms acceptable to both parties within specified time, Bottler may terminate the Agreement, and City shall (i) return any Equipment, and (ii) pay to Bottler the unearned portion of any pre-paid Sponsorship Fees for the Agreement Year in which the termination occurs (pro-rated through the date of termination). Nothing in this section shall operate to restrict • either party's other remedies in the event of a material breach . by the other. 17.MAINTENANCE & SERVICE: Bottler agrees to provide reasonable service and maintenance for the equipment during the Term. City shall allow Bottler to enter its premises for .the purpose of inspection or performance of such maintenance and repair, or necessary replacement or return of the equipment. Bottler and City will I establish a mutually agreed upon refund bank and customer • service program, as delineated in Exhibit 7. 18.REPORTS/AUDITING: Bottler will provide an annual business review report within 90 7 4' 1 I days fniinwing each Agrecmcnt Year during the Term; Commission reports will be provided monthly. The format of • such reports shall be mutually agreed upon._ City has the right to audit/inspect account statements- with reasonable prior notice to Bottler and during normal business hours. if City • requests an audit, City agrees to pay for such audit.--Account - _... records must be retained for a minimum of two (2) Agreement •Years after the payment of the annual Sponsorship. Fee is paid, in addition to the current Agreement Year of the Term, and for two (2) Agreement Years following expiration or • , termination of the Agreement. • • • • • • • • • • • • • • • • • • • • • . j K `c......r.: ., :....Y._. ... ..�;:.>..� � ....' . ....::.;.. Y..::, i.......i....2. ...1.i .• :z.i7: L,.. s..... ......,,,,..:5.,.,:,,,,.....r ,...,,r*. \. ...-. ... ! .A..... ._,.i•,a.n ........,....—„,,,,,-....,--,,,A i Exh i#4-to-Term Slieet COMMISSIONS Workplace Facilities (City Hall, Police Station, and other City Facilities): _ •Product Vend Price. Commission Rate.. 20 oz. PET carbonated/NESTEA® $1.25 30% 20 oz. PET Minute Maid® $1.25 30% • 20 oz. PET DASANI® $1.25 30% • 300 ml PET DASANI® $0.75 30% 20 oz. PET POWERADE® $1.50 • 30% 20 oz. PET vitamminwater® $1,75 15% _ 16 oz. cans Energy Beverages $2.00 30% 16.5 oz. PET FUZE ® • $2.00 15% 15.2 oz. PET Minute Maid®Juices to Go $1.50 15% All other public locations (such as South Beach): Product Vend Price Commission Rate 20 oz. PET carbonated/NESTEA® $1.50 30% 20 oz. PET Minute Maid® $1.50 30% 20 oz. PET DASANII:D $1.50 30% 300 ml PET DASANI® $1,00 30% 20 oz. PET POWERADE® $1.75 30% 20 oz. PET vitaminwater® $2.00 15% 16 oz. cans Energy Beverages $2.25 30% • 16.5 oz. PET FUZE® $2.25 15% 15.2 oz. PET Minute Maid®Juices to Go $1'.75 15% In Agreement Years Four and Seven, the Vend Prices will increase by twenty-five cents for each Product listed above. For example, in Agreement Year Four, 300m1. DASANI will increase to$1.00 Vend Price and then in.Agreement Year Seven, 300m1. DASANI will increase an additional twenty- five cents to $1.25. The Commission Rates will not change-during the Term of this Agreement. ' There are two vend rates (one for workplace and one for public locations) that will be outlined in the • final formal agreement between the parties;but note that commission rates will remain the same: Commissions are paid based upon cash collected after deducting taxes, deposits,:recycling fees, • other handling fees, communication charges and credit and debit card fees, if any. Commissions shall not be payable on any sales from vending machines not filled or serviced exclusively by Bottler. Bottler may adjust the vend. prices and/or commission rates as necessary to reflect • changes in its costs, including cost of goods, upon prior written notice and approval by City. Commissions will be paid each month following the month in•which they are earned, with an • . . • accounting of all sales and monies in a form reasonably satisfactory to the City, and shall become . • • . . immediate property of City. • • k • 7 j L'; Ii Exhibit 2 to-Term-Sheet -- — ADVERTISING RIGHTS " (Except as otherwise noted,the following rights may not be transferred or assigned by Bottler) 1. Recognition of Bottler as the"Official Non-Alcoholic Beverage Sponsor" of City. Official status -- will include Official Status Recognition for City across all non-alcoholic beverage categories i.e. "Coca-Cola Official Soft Drink of Miami Beach" and Official Status Recognition for South Beach across all non alcoholic beverage categories (i.e. "POWERADE Official Sports Drink for South Beach") - 2. Official Sponsor Status (for Products) of all City-produced citywide Special Events, whether now existing or as may exist in the future (i.e. including, without limitation, and for example purposes only Sleepless Nights); Bottler to have highest sponsorship level and benefits available other than presenting or title sponsorship. In addition, Bottler will be recognized as the "Title-Sponsor" of City's "Fire on the 4th Annual Independence Day Celebration" each Agreement Year during the Term. 3. Recognition,of Bottler as the "Official Recycling Partner" for the City of Miami Beach & South Beach " 4. Joint Bottler/City Logo placement on City and City-related websites (e.g. Miami Beach • Convention Center, Miami Beach Golf Club, Normandy Shores Golf Club, Miami Beach Culture web site (MBCulture.com); and any other City websites, whether now existing'or as may exist in the future, to such extent as permitted by any federal or state regulations on .gov domains. City will use reasonable commercial efforts to include joint Bottler/City Logo on all printed convention and tourism materials, as appropriate and available. • 5. Waiver of any Special Event Permit and/or Permit Application Fees for Bottler's use of certain Account Facilities for up to two (2) mutually agreed upon events.per Agreement Year, based on availability. For purposes of the Special Event Permit and/or Permit Application Fee waiver, these Facilities shall include public beachfront areas and Parks and Recreation facilities where Special Events are permitted. All other fees and costs of production, including but not limited to, taxes, security, sanitation, etc., shall be the responsibility of Bottler. Right may not be transferred or assigned. • 6. Waiver of any rental or use fees for Bottler's use of certain City Facilities for up to (two) 2 mutually agreed upon events per Agreement Year, based on availability. For purposes of the rental or use fee waiver, these Facilities shall include the use of meeting room space or ballroom space at the Miami Beach Convention Center.All other fees and costs of production, including but not limited to taxes, security, audio/visual, decoration, etc., shall be the responsibility of the Bottler. Right may not be transferred or assigned. 7. Unlimited, royalty-free Product sampling at City produced and/or sponsored events; Royalty-free Product sampling permits per Agreement Year, as follows: 48 permits each • Agreement Year, but permits will be limited to not more than six (6) permits in any one . month period. Right may not be transferred or assigned. If Sponsor does not use all 48 • permits by the end of each Agreement Year, any remaining permits will not roll-over to the following Agreement Year, but will be forfeited. 8. Mutual agreement on the development and use of a joint logo between Bottler and Account. 9. Right to use mutually agreed upon joint logo on any point-of-sale, marketing materials, and/or signage that may be mutually agreed upon. 10. Royalty-free advertisement in City's magazine (i.e. MB Magazine); minimum of a quarter page each issue; larger ad size as may be available. Right may be transferred or assigned. 11. Royalty-free prominent advertisement in any Special Promotional Event programs or collaterals produced for City-produced citywide Special Promotional Events (i.e. including, ' without limitation, July 4"' and Sleepless Nights). City shall use best efforts to provide a full page ad. • 1 10 f t2.The right-to-brand City's-public-beach-eeneession areaEs—with-approved-Bottler-and-Cityjoint branding graphics (e.g. concession stands, storage shed, umbrellas, etc.), subject to proposed branding meeting all necessary administrative and regulatory approvals. Implementation of any-approved branding shall be at the Bottler's expense.-All trademark- usage must be pre-approved priorto usage. The erection of any other_signage other than vending machine display shall be subject to approval by the City. 13. One Royalty-free joint City/Bottler message PSA advertising panel at the eland Alton bus shelter; production/installation costs paid by Bottler. Minimum of full use of one PSA ad panel for the entire term of the Agreement. 14. Minimum of one (1) Royalty-free advertising panel at the 5th and Alton bus shelter, on a space availability(remnant) basis; production/installation costs paid by Bottler. Right may be transferred or assigned. 15'Minimum of one (1) one-month Royalty-free electronic joint City/Bottler message PSA run on Atlantic Broadband and Welcome Channel; Additional months based on ongoing availability; 16. Minimum of one(1) unlimited run on MBTV of City/Bottler message PSA; 17. Royalty-free POF ticket ad based on space availability; production costs paid by Bottler. Right may be transferred or assigned. The parties agree to perform such additional marketing activities, as the parties may mutually agree upon to drive traffic to the Facilities and to increase Product sales. • • • • ei 11 sl • r.y • • Exhibit 3 to Ter-r-Sheet MARKETING PROGRAM Bottler shall provide City for approval with the proposed annual marketing plan for promotion of the partnership no later than ninety (90) days prior to the beginning of each Agreement Year, except. for the first Agreement Year when the marketing plan shall be provided to the City within.ninety(90) days after execution of Agreement. The annual value of the marketing plan shall be no less than $200,500, as determined in good faith by Bother and based on generally accepted marketing values. Some examples of activation may include the following; however, actual marketing • programs will depend on availability of these programs. • Inclusion of the City in the My Coke Rewards program, or other customer reward program offered by Bother, through an annual promotional program (e.g. sweepstakes); estimated value $100,000, or equivalent value.Activation based on availability • Truck-back promotions program -value: $24,000/year based on availability • Box Topper program or other similar high-visibility promotional program;value: $25,000/year • Neck Ringer program: a Neck Ringer program shall be available with a minimum distribution of neck ringers • Touring Program: Bottler will bring the Open Happiness Tour,or such other promotional touring program offered by Bottler, to the City based on availability. • Bottler to develop and implement at least five (5) strategic marketing partnerships with the Account and the Bottler's other sponsorship partners during the Term of the Agreement. Such strategic marketing partnerships may include, but are not limited to, cross promotion, product, tickets, etc., with other brands or products currently under a sponsorship or other promotional/marketing agreement with the Bother. • Lebron James Event/celebrity event; value: $45,000 based on availability, or equivalent value City acknowledges the intent of the Bottler to develop a joint marketing logo incorporating the Bottler's mark and the City's mark. Bottler shall obtain approval from the City, in writing, of the joint logo for use in promotion of the Agreement, including, but not limited to, its use in all commercial, marketing, media advertisements, web sitesand promotional products. A party's use of the other party's marks in promotions, on products and signage, shall be first approved by the other party in writing, and all uses of'a party's marks shall be acknowledged as that party's intellectual property and include appropriate trademark notices. The parties agree to perform those additional marketing activities, as the parties may mutually agree upon to drive traffic to the Facilities and to increase Product sales. City agrees to provide Bottler with reasonable marketing assets inventory(e.g., to be used with.a My Coke Rewards national consumer sweepstakes, or other such similar sweepstakes)for mutually agreed upon promotions each year during the Term to promote Bottler Products and City. I 12 ! •Ii • Exhibit 4 to Term Sheet } RECYCLING PARTNERSHIP Bottler shall be tlesignated the official "Recycling Partner"of City. Bottler shall provide, at its cost, the following services/products(value of$15,000-$25,000): • Assess, consult and offer a Recycling Program Plan for bottle/can recycling initiatives • • Propose messaging strategy for the City's bottle/can recycling initiatives (within 90 days after execution of Agreement) . .• Provide Temporary recycling bins for special events (minimum of 30) to City at Bottler's cost; • Provide Recycling bins for placement in Facilities or agreed upon.public areas (minimum of 15) to City at Bottler's cost;design subject to review and approval of City; • Place reverse vending machines (crushers) in vending banks in the Facilities; minimum of five (5) crushers placed during the first five Agreement Years of the Term, at Bottler's cost. . . • Use of Recycling Educational Vehicle (REV,) or other Education Recycling material, at City events; scheduled at least one time every 18 months during the Term. • • • • • • • •• 13 • E-xhib-€-to-Tern•+-Street VENDING PROGRAM - Bottler shall place, at their cost, all vending machines in agreed upon locations-pursuant to the following: -- 1) Bottler shall provide to City within 90 days after execution of Agreement the proposed equipment plan for the Agreement Term; to include the machine allocation plan by type (e.g. interactive vending machines, glass front etc.) and location; equipment replacement schedule; and vend front replacement and schedule for existing vending machines that need the vend front replaced.All equipment shall be UL energy star rated. - 2) Bottler shall install vending machines within 180 days after the proposed equipment plan has been approved by all parties. Both parties agree that the installation of vending machines shall be completed within 180 days after the proposed equipment plan has been approved by all parties. Agreement execution. The already approved beach thematic vend fronts will be used unless other mutually agreed upon vend fronts have been selected and approved, and if beach thematic vend fronts are available. The vend fronts shall include advertising panels for use by the City, as approved by Bottler, provided that the vending machines are equipped with advertising panel(s). Bottler shall pay all costs for,the production and installation of the City vend front advertising panels.A minimum of two (2) and a maximum of four(4) City vend panel ads shall be produced/installed each Agreement Year. 3) Bottler shall provide within 90 days after execution of Agreement the proposed credit card reader installation plan and schedule. All credit card reader installation shall be completed within Agreement Year One. 4) City shall provide all electrical power necessary to operate the vending machines;and City shall pay up to'$200 for the cost of any electrical modifications or connections necessary to • accommodate any new vending machine placement, upon mutual agreement of the proposed location for the placement of the vending machine. 5) All vending machines remain the property of the Bottler. 6) Bottler shall provide a product list to the City to be included in the vending program. Any changes to the Product list shall be provided to the Account prior to Product placement in a vending machine. Bottler shall work with the City's Parks and Recreation Department to identify the appropriate vending products for inclusion in vending machines located in any City park. The City's Park and Recreation Department shall provide approval, in writing, of the Products to be sold in the vending machines placed in City parks. 7) Bottler shall maintain vending machines reasonably well-stocked with Products. 14 it - .'.. .. ... .. ...: - • • ` Exhibit 6 to Term-Sheet • INITIAL PRICE SCHEDULE* .__ _. ___.__ Package Price per case - • 20 oz. CSD 12 oz. CSD $9.46 - 15.2 oz. MMJTG $23. 36 • 12 oz. DASANI® $8.88 , 1 liter CSD $16.29 : 20 oz. DASANI® $10.82 20 oz. vitaminwater® $27.00 8 oz. CSD $16.00 20 oz. NESTEA® Minute Maid®Refreshment $17.85 , • 20 oz. POWERADE® $19.00 . 16 oz. Monster® $34.00 2 liter CSD $12.35 . • 16.9 Honest Tea® $12.60 500 ml Gold Peak® $13.99 8 oz. aluminum bottle $16.48 ' Post-Mix Price per gallon. • 5 gallon BIB CSD and NC? $12.24 2.5 gallon BIB CSD and NCB $12.78 5 gallon BIB Unsweet NESTEA® $11.82 2.5 gallon BIB Unsweet NESTEA® $12.40 5 gallon BIB Premium NCB $12.75 -2.5 gallon BIB Premium NCB $13.30 5 gallon BIB Frozen Dispensed $13.88 2.5 gallon BIB Frozen Dispensed $14.26 • Cups 24 ounce $52.89 per 1,200 • • Lids . • 24 ounce • $34.55 per 2,000 • CO2 20 lb. cylinder $25.00 per cylinder(plus$75.00 deposit) *All prices are per standard physical case and exclusive of taxes,deposits,handling fees,and recycling fees. . Georgia 64 Oz Brew: Price per Caseand package.size: (Prices effective for the period: 1/1/2012- e 3/3112012)(All coffee is priced FOB to Distributor,prices do not include any distributor markup.) • Product Package • Small Filters Large Filters (Frac) • ' Dark Roast 100, 2.75 oz $110.38 $110.38 - Light Roast 128, 2.25 oz $117.87 $117.87 I Decaf 75, 2.00 oz $67.95 $67.95 Organic 75,2.75 az $110.10 $110.10 i , 15 I l Fi 3 Exhi - to Term-Shcet MAINTENANCE &SERVICE During_ .the Term,.Bottler will loan "to--Account,-pursuant to the terms of Battler's_equipment placement agreements, at no cost, that Beverage equipment reasonably required and as mutually agreed upon to dispense Beverages at the Facilities. Bottler agrees that all equipment shall be new or in "like new"condition and that it shall operate and manage the equipment, services and facilities offered in a first-class manner, Bottler shall provide City with the Maintenance Plan and Schedule for all Bottler equipment within 90 days of execution of Agreement, to include the Bottler's plan and schedule for servicing the City. Bottler shall provide throughout the Term of this Agreement, at Bottler's expense, all repairs, replacements and technical services necessary to maintain and preserve the Bottler's equipment in • a decent, safe, healthy and sanitary condition satisfactory to City and in compliance with applicable laws. Bottler warrants that it shall correct all mechanical problems with vending machines no later than four(4) business days after notice and no later than twenty-four(24) hours after notice for all other dispensing equipment. Acts of vandalism to Bottler's equipment will be reported to Bottler immediately and addressed within four (4) business days. If the vending machine is repairable, the vending machine will be repaired within four (4) business days. If the vending machine is not repairable, vending machine will be condemned and swapped within seven (7) business days. Bottler is the only party allowed to make repairs on Bottler-owned equipment. All vending machines shall display a "service hotline" sticker to expedite calls. A toll free ("1-800") number shalt be provided and a 24-four hour per day, seven days a week continuously operating telephone answering service shall be provided. A reimbursement fund in the amount adequate to handle all necessary refunds between service calls shall be made available to City at designated location(s) mutually agreed upon by City and Bottler. Each person requesting a refund shall complete a form which shall be maintained by the City and provided to the Bottler as required. The reimbursement fund shall be checked by the E: Bottler no less than once a month and replenished as needed. Information on refunds shall be • provided on each machine. ` II • . 16 If 1 , Exhibit 8. • The term "Special Promotional Events" ("Event") Shall mean and is limited to the following: concerts; theatrical or comedic performances; conventions; trade shows; religious events; athletic events; or other special events occurring at a Facility that meet the following requirements: (i) they are sponsored by a manufacturer, distributor, or marketer of Competitive Products under a master sponsorship agreement with the owner or operator of the subject Event (including, without limitation, a concert or theatrical production company, or a trade show or convention production company, but NOT including in any instance the City or its affiliates or agents); (ii) they are conducted on a national or regional multi-market basis; (iii)they are NCAA collegiate championship ' athletic events; and, (iv) the event sponsorship agreement referred to in subsection (i) above requires on-site temporary signage for Competitive Products. The term "Special Promotional Events Exceptions" shall refer to those exceptions granted under the Agreement, for each Agreement year, to permit the following fifteen (15) Special Promotional Events ' at the following Facilities: (i)four(4) events at the Miami Beach Golf Club; (ii) four (4) events at the Normandy Shores Golf Club (The Miami Beach Golf Club and Normandy Shores Golf Club may also be referred to collectively herein as "Golf Courses");(iii) three (3) events at the Miami Beach Convention Center ("Convention Center"); and (iv) four (4) City Approved major Sponsorship Public Special Events (as defined below); provided, however, that the number limitation for City Approved Major Sponsorship Public Special Events shall be revisited and reviewed by the parties, in good faith, at the conclusion of the third Agreement Year. a. Golf Courses and Convention Center/Special Promotional Events Exception. In any Agreement Year, temporary signage (such as, but not limited to, banners) for Competitive Products may be displayed at each of the Golf Courses during up to four (4) Special Promotional Events, and during up to three (3) Special Promotional Events at the Convention Center ; PROVIDED, HOWEVER, that: (i) Sponsor's Beverage availability, marketing, advertising, promotional, and other rights under this Agreement will not otherwise be affected during any such Event; (ii) Competitive Products may be distributed at no cost, but no Competitive Products will be sold or'otherwise made available during the Event(except as permitted in this exception); (iii) no blockage of any signage or other trademark/service mark display Sponsor may have at the Facility will occur during the Event, except for incidental blockage due to the construction and/or placement of a person, stage or other structure necessary to and actually used during the Event; or, in the case of NCAA championship events , religious events or political conventions where no advertising is allowed and all advertisers are treated equal with all signage covered in the seated area , of the Facility; (iv) all temporary signage for Competitive Products will be promptly removed from the Facility upon the conclusion of the Event; and (v) at no time will the Competitive ' Products make any statements, or use any temporary signage, that uses the trademarks/service marks of the City of Miami Beach, South Beach, Golf Courses or the Convention Center, nor in any way associate these Competitive Products with the City of Miami Beach, "South Beach," the Golf Courses, or the Convention Center. The Special • Promotional Events at the Golf Clubs and the Convention Center must occur over a period of no more than twenty-four (24) hours. The twenty-four hours does not include set up or pp. tear down time required, or NCAA Championship events or political conventions which may exceed the aforestated time limitation. The Convention.Center may use the three one day 17 ( I (once day - twenty-four hours) in the aggregate in each Agreement Year during the l erm. Aggregate, as used in this paragraph, shall mean the total of twenty-four hours multiplied by the total number of Special Promotional Events permitted, as provided for herein. For example_purposes only, the Miami .Beach. Convention.Center_are..provided.three,Special.. .-._ .__.._.._ _ Promotional Event Exceptions per Agreement Year. As such, the threeSpecial Promotional Events may occur in the Miami Beach Convention Center for.a total of 72 hours in an Agreement year(24 hours x 3 events = 72 hours/year). b. City Approved Major Sponsorship Public Special Events/Special Promotional Events Exception. In any Agreement Year, temporary signage (such as, but not limited to, banners) .for Competitive Products may be displayed during up to four (4) Special Promotional Events for City Approved Major Sponsorship Public Special Events. The term "City Approved Major Sponsorship Public Special Event" shall refer to a City-approved public event (i.e. where public access is allowed_eithervia no cost or via pre-purchased ticket) held on City property, and permitted pursuant to the City's approved Special Event Permit process, assame may be amended from time to time during the Term of this Agreement (for example purposes only, this may include, but not be limited to events such as Super Bowl Pepsi Jam and Red Bull Iliume); and may also include an event sponsored by a manufacturer, distributor or marketer of Competitive Products pursuant to a • sponsorship agreement with the owner, operator or promoter of the event; an event conducted on a national or regional multi-market basis; and/or an event where a Competitive Product is the naming, presenting, title, brought to you by, or other primary sponsor of the Event. Temporary signage for Competitive.Products at City Approved Major Sponsorship Public Events may be displayed as an Event "naming sponsor", Event "presented by" sponsor, Event"brought to you by" sponsor, or as a sponsor represented as a "Gold" or "Platinum" (or such other equivalent) sponsor of the Event; PROVIDED, HOWEVER, that: (i) Sponsor's Beverage availability, marketing, advertising, promotional, and other rights under this Agreement will not otherwise be affected during any such Event; • (ii) no blockage of any signage'or other trademark/service mark display Sponsor may have at the Facility will occur during the Event, except for incidental blockage due to the construction and/or placement of a person, stage or other structure necessary to and actually used during the Event; or, in the case of NCAA championship events, religious events or political conventions where no advertising is allowed and all advertisers are treated equal with all signage covered in the seated area of the Facility; and (iii) all • temporary signage for Competitive Products will be promptly removed from the Facility upon the conclusion of the Event. At no time will the Competitive Products make any statements or use any temporary signage that uses the trademarks/service marks of the City of Miami Beach, "South Beach," or the Facilities, or in any way associate these Competitive Products with the City of Miami Beach Facilities. Notwithstanding the above, Competitive Products • may be distributed, sampled or made available during a City Approved Major Sponsorship Public Special Event for which there is a Special Promotional Events exception. Such • distribution, sampling or availability shall occur ONLY within the approved site plan for the event. However, should concession service (sales) for any non-alcoholic beverage other than Products be required or necessary for the event, and there are no existing concessions at the location of the City Approved Major Sponsorship Public Special Event for which there is a Special Promotional Events Exception, the City Manager shall submit a letter to Sponsor requesting that Sponsor grant a waiver to permit such sale at the Event; outlining 99�' the details of the exception and the business reasons for the request and such request shall require Sponsor's prior written approval. Sponsor reserves the right to not approve the limited waiver for this purpose. Sponsor will notify the City Manager of whether the request for waiver will be approved within twenty (20) business days of Sponsor receiving the City Manager's_letter 18 • a �.1 The Special Piofnotional Eveiit Exception-fora—Ctty—Ap rship Pubtic . Special Event must occur over a period of no more than seventy-two (72) hours. The seventy-two hours does not include set up or tear down time required, or NCAA • Championship events or political conventions which may exceed the aforestated ti limitation. The seventy-two hours may be a used in the aggregate-in each Agreement-Year during the Term. Aggregate, as used in this paragraph, shall mean the total of seventy-two hours multiplied by the total number of Special Promotional Events Exceptions, as provided for herein. As such, the four Special Promotional Events may occur on public property for a total of 288 hours in an Agreement year(72 hours x 4 events =288 hours/year). c. Other permitted Exceptions. Exhibitors at Conventions or trade shows, or third party exhibitor set ups at Facilities shall have the right to serve Competitive Products within their booth • provided that same is limited to the duration of the corresponding event and, provided further, that the Competitive Products are not marketed, advertised or promoted in association with the City of Miami Beach and/or the Facilities, and their respective trademarks. For example purposes only, a Cadillac booth at the Auto Show in the Convention Center would be allowed to give away bottled water with the Cadillac Logo. Notwithstanding, Sponsor's • Products would continue to be the only Products allowed to be sold, distributed or sampled at the Facility's concession operations. d. Competitive Beverages may also be permitted to be distributed, at no cost, at third party events that are not affiliated with the City, but where the City has permitted the event through the issuance of a City of Miami Beach Special Events Permit, subject to the City's notification to Sponsor prior to the event; and, provided further, that the third party event operator is not a manufacturer, distributor or seller of a Competitive Product; that the Competitive Products are not marketed, advertised or promoted in association with the City of Miami Beach or the Facilities, and their respective trademarks; that no Competitive Products will be sold during such event; and that the distribution of the Competitive Product is limited to Special Event Permit Area (as such term is defined in the City's Special Event Permit Guidelines, as same may be amended form time to time through the Term of this Agreement). For example purposes only, a third party event contemplated under this paragraph might include, but not be limited to, a walkathon or marathon where one of the event sponsors might request to be permitted to distribute free bottled water to the event , participants. Notwithstanding the above, Sponsor shall have first right of refusal to provide donated Beverages through a sponsorship agreement to the non-profit events, permitted by the City through the issuance of a City of Miami Beach Special Events Permit, known as the White Party, Winter Party and Miami Beach Pride (based on the level of non-alcoholic Beverages provided for the White Party, Winter Party and Miami Beach Pride events in 2012.) for the sale of these Beverages by these three (3) events as part of their annual charity fundraisers. If Sponsor elects to participate, Sponsor will notify the organizer six (6) months prior to start date of White Party, Winter Party and Miami Beach Pride events. If at any time during the Term the Sponsor cannot or does not provide donated non-alcoholic Beverages through a sponsorship agreement to these three (3) non-profit events for this purpose, these three (3) events shall be permitted to secure Competitive Products for use 'and sale consistent.with the use and sale of non-alcoholic Beverages in the 2012 White Party, Winter Party and Miami Beach Pride events. Per Section 9 of-Term Sheet, No Competitive Products may be sold, dispensed, sampled or served anywhere at the Facilities, or on the City's public rights-of-ways, unless otherwise expressly spelled • •out in the Agreement. 19 Exhibit"D" Cleanliness Index 46 Cleanliness Index for Streets, Sidewalks, Right-of-Ways, Parks, Parking, and Alleys Index Litter/Trash Litter/ Garbage Cans Organic Materials Fecal Matter • No litter and/or debris on entire • Can is in good working order and • Isolated instances of small fresh • Fecal matter is not visible. 1 block face. none are no more than 3/4 full. organic material,such as leaves, Extremely • Can is in a clean condition free of branches,etc.,cover the paved area. Clean items,such as stickers,graffiti. • No large organic material,such as tree limbs or palm fronds on the ground. • Isolated pieces of litter on the entire • Can is in good working order and • Less than 10%of a 10 step distance • Past residue of fecal matter. It assessed area. The area is not void none are no more than 3/4 full. paved area is covered by small seems that an attempt was made to of litter,but may contain an isolated There is isolated piece of trash organic materials,but occurring no clean the fecal matter,but residue 2 incidence of litter. outside of the can. more than 10%of the entire was left behind. • Can is in a clean condition free of assessed area. If occurring in more Clean items,such as stickers,graffiti. than 10%of the entire assessed area,then add 1 point. • No large organic material on the ground. • Small to moderate amounts of litter. • Can is functioning,but is full with • Between 10%-30%of a 10 step • One instance of fecal matter is In a 10 step distance the litter trash,which can be seen from the paved area is covered by organic present on the public area. accumulation should account to less eye level. There is no litter above materials,but occurring in no more than 10 small pieces or 2-4 pieces the rain guard. There is some than 10%of the entire assessed of large litter,but occurring in no residue from past garbage. area. If occurring in more than more than 10%of the entire • Can is in a clean condition,but may 10%of the entire assessed area, assessed area. have one small isolated instance of then add 1 point. • If the litter density is occurring a sticker or graffiti,which the eye is • Between 1 and 3 pieces of large between 10-25%of the assessed not drawn to it. organic materials is on the ground. 3 area,then add 1 point from the • Isolated case of organic material Somewhat rating scale. accumulation caused by standing Clean • If the litter density is occurring water and poor drainage. more than 25%of the assessed area, then add 2 points from the rating scale. Guideline:Is the litter something you notice,but your eye is not constantly drawn to it? The area has a clean appearance,but does need some attention. 1 Cleanliness Index for Streets, Sidewalks, Right-of-Ways, Parks, Parking, and Alleys Index Litter/Trash Litter/Garbage Cans Organic Materials Fecal Matter • Consistently scattered trash. In a 10 • Can is full and there is trash above • Between 30%-50%of a 10 step • Two instances of fecal matter are step distance the trash accumulation the rain guard. In some cases,there paved area is covered by organic present on the public area. should account to more than 10 is evidence that there is improper materials,but occurring in no more pieces of small litter or over 4 use by the residents. than 10%of the entire assessed pieces of large litter occurring in no • Can is in a working condition,but area. If occurring in more than more than 10%of the entire contains items such as stickers or 10%of the entire assessed area, assessed area. graffiti on them. then add 1 point. 4 • If the litter density is occurring • Can has some damage,such as • Between 4 and 10 pieces of large Somewhat between 10-25%of the assessed dents,but is usable. organic materials is on the ground. Dirty area,then add 1 point from the • 2 to 3 instances of organic material rating scale. accumulation caused by standing • If the litter density is occurring water and poor drainage. more than 25%of the assessed area, • The organic material is beginning to then add 2 points from the rating turn brown. scale. Guideline:Trash or litter is obvious and your eye is constantly drawn to it. • Consistent accumulation of trash. • Can is full and there is trash above • Over 50%of a 10 step paved area is • Three instances of fecal matter are In a 10 step distance there are the rain guard and beginning to covered by organic materials,but present on the public area. multiple piles of trash consisting of overflow since there is no room to occurring in no more than 10%of more than 10 pieces of small litter put additional trash. There may be the entire assessed area. If or over 4 pieces of large litter. evidence of improper use by the occurring in more than 10%of the • If the litter density is occurring residents. entire assessed area,then add 1 between 10-25%of the assessed • Can has considerable damage,but point. 5 area,then add 1 point from the is usable. • Over 10 pieces of large organic rating scale. • A large area of the can contains materials is on the ground. Dirty items such as stickers or graffiti on • 3-4 instances of organic material them. accumulation caused by standing water and poor drainage. • Faint foul odor is present due to standing water. • The organic material has been on the ground for some time and has turned brown. 2 Cleanliness Index for Streets, Sidewalks, Right-of-Ways, Parks, Parking, and Alleys Index Litter/Trash Litter/Garbage Cans Organic Materials Fecal Matter Area is blocked by an accumulation • Can is full and trash has overflowed • 90-100%of a 10 step paved area is • Four or more instances of fecal of trash and litter. Illegal dumping to the ground. In some cases,there covered with organic material.The matter are present on the public may be evident. Hazardous materials is a rat/rodent/insect infestation. organic material has been on the area. on the street. • Can is damaged and needs to be ground for some time and has replaced. turned brown. 6 Guideline:This area has been • Can is covered of items such as Extremely neglected for a long time and needs • Over 5 instances of organic material Dirtyhelp. Heavy equipment will be stickers or graffiti. accumulation caused by standing water and poor drainage. required to clean this area. The area • Strong foul odor is present due to may also be affected due to other circumstances(i.e.nearby standing water. constructions sites,homeless activity, 1 etc.) 3 Cleanliness Index for Beaches Index Litter/Trash Litter/Garbage Cans Organic Materials Fecal Matter • No litter and/or debris on entire • Can is in good working order and • Isolated instances of small fresh Fecal matter is not visible. 1 block of the beach. none are no more than 3/4 full. organic material,such as seaweed. Extremely • Can is in a clean condition free of • No large organic material,such as Clean items,such as stickers,graffiti. tree limbs or palm fronds on the ground. • Isolated pieces of litter on the entire • Can is in good working order and • Less than 10%of a 10 step area of Past residue of fecal matter. It seems beach block. The area is not void none are no more than 3/4 full. the beach block is covered by small that an attempt was made to clean the of litter,but may contain an isolated There is isolated piece of trash organic materials,but occurring in fecal matter,but residue was left 2 incidence of litter. outside of the can. no more than 10%of the beach behind. Clean • No harmful litter,such as broken • Can is in a clean condition free of block. If occurring in more than glass or syringes items,such as stickers,graffiti. 10%of the entire beach block,then add 1 point. • No large organic material,on the ground. • Small to moderate amounts of litter. • Can is functioning,but is full with • Between 10%-30%of a 10 step One instance of fecal matter is present In a 10 step distance the litter trash,which can be seen from the area of the beach block is covered on the public area. accumulation should account to less eye level. There is no litter above by organic materials,but occurring than 10 small pieces or 2-4 pieces the rain guard. There is some in no more than 10%of the beach of large litter,but occurring in no residue from past garbage. block. If occurring in more than more than 10%of the entire block • Can is in a clean condition,but may 10%of the entire beach block,then segment. have one small isolated instance of add 1 point. • If the litter density is occurring a sticker or graffiti,which the eye is • Between I and 3 pieces of large between 10-25%of the block not drawn to it. organic materials is on the ground. 3 segment,then add 1 point from the rating scale. Somewhat • If the litter density is occurring Clean more than 25%of the block segment,then add 2 points from the rating scale. • No harmful litter. Guideline:Is the litter something you notice,but your eye is not constantly drawn to it? The area has a clean appearance,but does need some attention. 4 Cleanliness Index for Beaches Index Litter/Trash Litter/Garbage Cans Organic Materials Fecal Matter • Consistently scattered trash. In a 10 • Can is full and there is trash above • Between 30%-50%of a 10 step Two instances of fecal matter are step distance the trash accumulation the rain guard. In some cases,there area of the beach block is covered present on the public area. should account to more than 10 is evidence that there is improper by organic materials,but occurring pieces of small litter or over 4 use by the residents. in no more than 10%of the beach pieces of large litter,but occurring • Can is in a working condition,but block. If occurring in more than in no more than 10%of the entire contains items such as stickers or 10%of the entire beach block,then block segment. graffiti on them. add 1 point. • If the litter density is occurring • Can has some damage,such as • Between 4 and 10 pieces of large between 10-25%of the block dents,but is usable. organic materials is on the ground. 4 segment,then add 1 point from the Somewhat rating scale. Dirty • If the litter density is occurring more than 25%of the block segment,then add 2 points from the rating scale. • One instance of harmful litter. Guideline:Trash or litter is obvious and your eye is constantly drawn to it. The area is neglected and requires organized cleanup. • Consistent accumulation of trash. • Can is full and there is trash above • Over 50%of a 10 step area of the Three instances of fecal matter are In a 10 step distance there are the rain guard and beginning to beach block is covered by organic present on the public area. multiple piles of trash consisting of overflow since there is no room to materials,but occurring in no more more than 10 pieces of small litter put additional trash. There may be than 10%of the beach block. If or over 4 pieces of large litter,but evidence of improper use by the occurring in more than 10%of the 5 occurring in no more than 10%of residents. entire beach block,then add 1 the entire block segment. • Can has considerable damage,but point. Dirty • If the litter density is occurring is usable. • Over 10 pieces of large organic between 10-25%of the block • A large area of the can contains materials is on the ground. segment,then add 1 point from the items such as stickers or graffiti on rating scale. them. • Two to three instances of harmful litter. 5 Cleanliness Index for Beaches InLitter/Garbage Cans Organic Materials,, Fecal Matter • Beach block contains a large • Can is full and trash has overflowed • 90-100%of a 10 step area of the Four or more instances of fecal matter accumulation of trash and litter. to the ground. In some cases,there beach block is covered with organic are present on the public area. 6 Conditions may be hazardous. is a rat/rodent/insect infestation. material. Extremely • More than three instances of • Can is damaged and needs to be Dirty harmful litter. replaced. • Can is covered of items such as _ stickers or graffiti. 6 Cleanliness Index for Waterways Index Litter/Trash Organic Materials 1 • No litter and/or debris floating on or in the water and up to the high tide • No or isolated instances of small fresh organic material. Extremely watermark. No signs of floating liquid. • No large organic material,such as tree limbs or palm fronds in the water and • No extra-large pieces of litter,such as tires,grocery carts,etc. up to the high tide waterniark. Clean • No smell is being emitted. • Isolated pieces of litter floating on or in the entire area of water and up to the • Less than 10%of about a 20 sq.foot area of water and up to the high tide high tide watermark. No signs of floating liquid. watermark is covered by organic material,but occurring in no more than 2 • No extra-large pieces of litter,such as tires,grocery carts,etc. 10%of the entire water area. If occurring in more than 10%of the entire Clean • No smell is being emitted. water area up to the high tide watermark,then add 1 point. • No large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. • Small amount of litter including floating liquids,such as oil.This includes • Between 10%-30%of about a 20 sq.foot area of water and up to the high litter floating on the water or in the water and up to the high tide watermark. tide watermark is covered by organic material,but occurring in no more than More than two pieces of litter and less than 5%of about a 20 sq.foot area of 10%of the entire water area. If occurring in more than 10%of the entire water up to the high tide watermark are covered by litter,but occurring in no water area up to the high tide watermark,then add 1 point. more than 10%of the entire water area up to the high tide watermark being • Between 1 and 3 pieces of large organic material,such as tree limbs or palm assessed. fronds in the water and up to the high tide watermark. 3 • If the litter density is occurring between 10-25%of the water area up to the Somewhat high tide watermark,then add 1 point from the rating scale. Clean • If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. • No extra-large pieces of litter,such as tires,grocery carts,etc. • No smell is being emitted. Guideline:Is the litter something you notice,but your eye is not constantly drawn to it? The area has a clean appearance,but does need some attention. 7 Cleanliness Index for Waterways Index Litter/Trash Organic Materials • Small to moderate amounts of litter,including floating liquids,such as oil. • Between 30%-50%of about a 20 sq.foot area of water and up to the high This includes litter floating on the water or in the water and up to the high tide watermark is covered by organic material,but occurring in no more than tide watermark. Between 5%and 10%of about a 20 sq.foot area of water 10%of the entire water area up to the high tide watermark. If occurring in up to the high tide watermark is covered by litter,but occurring in no more more than 10%of the entire water up to the high tide watermark,then add 1 than 10%of the entire water area being assessed. point. 4 • If the litter density is occurring between 10-25%of the water area up to the • Between 4 and 10 pieces of large organic material,such as tree limbs or Somewhat high tide watermark,then add 1 point from the rating scale. palm fronds in the water and up to the high tide watermark. Dirty • If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. • No extra-large pieces of litter,such as tires,grocery carts,etc. • Slight unnatural or foul smell is being emitted. Guideline:Trash or litter is obvious and your eye is constantly drawn to it. • Consistent accumulation of trash including floating liquids,such as oil. This • Over 50%of about a 20 sq.foot area of water and up to the high tide includes litter floating on the water or in the water and up to the high tide watermark are covered by organic material,but occurring in no more than watermark. Between 10%and 25%of about a 20 sq.foot area of water up to 10%of the entire water area up to the high tide watermark. If occurring in 5 the high tide watermark is covered by litter,but occurring in no more than more than 10%of the entire water area up to the high tide watermark,then 10%of the entire water area up to the high tide watermark being assessed. add 1 point. Dirty • If the litter density is occurring between 10-25%of the water area up to the • Over 10 pieces of large organic material,such as tree limbs or palm fronds in high tide watermark,then add 1 point from the rating scale. • the water and up to the high tide watermark. • One extra-large piece of litter,such as a tire,a grocery cart,etc. • Strong unnatural or foul smell is being emitted. • Large accumulation of litter and trash including floating liquids,such as oil. • 90-100%of the water and up to the high tide watermark is covered by Over 25%of about a 20 sq.foot area of water area up to the high tide organic material. 6 watermark are covered by litter.This includes litter floating on the water or Extremely in the water and up to the high tide watermark.There may be evidence of Dirty illegal dumping. • Two or more extra-large pieces of litter,such as tires,a grocery carts,etc. • Very strong unnatural or foul smell is being emitted. • 8 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM RESOLUTION NO. 2018-30573 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2018-186-WG, FOR GOLF COURSE OPERATION AND MANAGEMENT SERVICES; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A CONTRACT WITH PROFESSIONAL COURSE MANAGEMENT II, LTD; AND, SHOULD THE ADMINISTRATION BE UNABLE TO SUCCESSFULLY NEGOTIATE A CONTRACT WITH PROFESSIONAL COURSE MANAGEMENT II, LTD, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A CONTRACT WITH HAMPTON GOLF, INC; AND, FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on May 16, 2018, the Mayor and City Commission approved issuance of RFP No. 2018-186-WG for Golf Course Operation and Management Services (the RFP), which sought proposals for the exclusive right to operate, manage, maintain, and promote the Miami Beach Golf Club Course and Normandy Shores Golf Club and related facilities including, without limitation, the pro shop, clubhouse, and food and beverage operations and facilities in a manner consistent with the City's policies and procedures; and WHEREAS, RFP responses were due and received on August 3, 2018: and WHEREAS, the City received proposals from the following two (2) firms: Hampton Golf, Inc., and the City's current golf courses manager, Professional Course Management II, LTD (PCM); and WHEREAS, an Evaluation Committee, appointed by the City Manager pursuant to LTC# 433-2018, convened on August 22, 2018 to consider the proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; and WHEREAS, the Committee was also provided with general information on the scope of services and a copy of each proposal; and WHEREAS, the evaluation process resulted in the ranking of proposers as follows: Hampton Golf, Inc., as the top-ranked proposer, and PCM, as the second ranked proposer; and WHEREAS, having considered the Evaluation Committee's rankings, the City Manager conducted his own due diligence and review of the proposals and found PCM, to be the best qualified firm for the management and.operation of the Miami Beach Golf Club Course and Normandy Shore Golf Club Course; and WHEREAS, the City Manager's recommendation, as set forth in the City Commission Memorandum accompanying this item (which is incorporated by reference hereto), noted that while overall cost was important, selecting an operator that maintains the high standards and level of service currently provided to patrons of the golf clubs was of the highest priority; and WHEREAS, in this respect, and as further supported in the City Commission Memorandum, the City Manager recommends PCM as the recommended proposer, given its continued qualitative success in managing the City's golf courses. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Proposals No 2018-186-WG, for Golf Course Operation Services; authorize the Administration to enter into negotiations with the current manager and recommended proposer, Professional Course Management II, LTD., and if unsuccessful in negotiating a new agreement with Professional Course Management II, LTD; authorize the Administration to enter into negotiations with Hampton Golf, Inc.; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this /7 day of i%Iokr 2018. ATTEST: K /42....1:+ ,Dan Gelber, Mayor --..._,4/ IC/34)}, Rafael E. anado, City Clerk tz' , ..................% ei,/ .1 ...:---1., . C7.---Z.. , 1: *‘p IN'OP{% ORATED' �.:;.���H 26., APP •VED AS TO :`=\'' F•' LANGUAGE ;40'•° EXECUTION i 4!) Gr: $ Ity Attorney ate T IAGENDAI2018109 September\ProcurementtRFP 2018-186-WG Golf Course Operation and Management Serviees'RFP 2018.186-WG Reso doc Resolutions- R7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 17, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2018-186- WG, FOR GOLF COURSE OPERATION AND MANAGEMENT SERVICES; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A CONTRACT WITH PROFESSIONAL COURSE MANAGEMENT II, LTD; AND, SHOULD THE ADMINISTRATION BE UNABLE TO SUCCESSFULLY NEGOTIATE A CONTRACT WITH PROFESSIONAL COURSE MANAGEMENT II, LTD, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A CONTRACT WITH HAMPTON GOLF, INC.; AND, FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Adopt the Resolution. ANALYSIS > On. September. 10, 2003 the City of Miami Beach Mayor and City Commission authorized the execution of a management agreement with Professional Course Management(Manager) for the Miami Beach Golf Club, with a term of three (3) years, effective October 1, 2003, and expiring on September 30, 2006, with two (2)one year renewal terms. On September 5, 2007, the Mayor and City Commission agreed to waive the competitive bidding process, finding such waiver to be in the best interest of the City, and approved a new management agreement with Manger which commenced on October 1, 2007, and expired September 30, 2012. At its July 10, 2012 meeting, the Finance and Citywide Projects Committee discussed the management of the City's golf courses with the members; discussion focusing on the success that Manager had operating the golf courses since the initiation of the first full-service management agreement was implemented in 2003. At the conclusion of the discussion the Committee recommended that Manager's Agreement be extended on a month to month basis;that the Administration meet with Manager to negotiate terms of a new agreement; that City staff provide more detailed information on the cost of other golf course management companies and how the golf courses are maintained; and that the results of negotiations and staffs report be brought back to the Committee for further direction. Page 1241 of 1637 On April 17, 2013, the City Commission adopted Resolution No 2013-28186, accepting the recommendation of the Finance and Citywide Projects Committee (made at its December 20, 2012 meeting) to waive the competitive bidding process for a new management agreement for the management and operation of the City' Golf Courses, finding such waiver to be in the best interest of the City, and authorized the City Manager to finalize and execute a new management agreement with Manager. The initial term of the agreement was for a period of three (3) years, with City option to extend the agreement for two successive one (1) year terms, commencing October 1, 2013, and expiring on September 30, 2018. On May 16, 2018 the Mayor and City Commission approved issuance of RFP 2018-186-WG for Golf ' Course Operation and Management Services, which sought proposals for the exclusive right to operate, manage, maintain, and promote the Miami Beach Golf Club and Normandy Shores Golf Course and related facilities including, without limitation, the pro shop, clubhouse, and food and beverage operations and facilities in a manner consistent with the City's policies and procedures. The RFP was also to include a provision for a public benefit contribution to the City's educational initiative. On September 12, 2018, the Mayor and City Commission approved the month to month extension of the existing agreement with Professional Course Management, not to exceed ninety days. Additionally, the issues that arose at the last meeting with respect to complaints from a resident have been resolved and there is no further objection to the award by that individual. RFP PROCESS On May 18, 2018 issued RFP 2018-186-WG for Golf Course Operation and Management Services. RFP responses were due and received on August 3, 2018. The Procurement Department issued solicitation'notices to 341 firms utilizing PublicPurchase.com. 53 prospective proposers accessed the advertised solicitation. The City received proposals from the following two (2) firms; Hampton Golf, Inc.,and Professional Course Management. The Evaluation Committee appointed by the City Manager, pursuant to LTC#433-2018, convened on August 22, 2018, to consider the proposals received. The Committee comprised of Jose Del Risco,Assistant Director, Parks and Recreation Department, Rodney Knowles, Greenspace Division Director, Public Works Department, Omar Luna, Director, City of Miami Springs Parks and Recreation, Gerald K. Schwartz, Resident, Margarita Wells, Assistant Director, Environment and Sustainability Department. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The evaluation process resulted in the ranking of proposers as indicated in Attachment A. Below is a summary of each firm based on the information provided in the proposals Professional Course Management(PCM) PCM's business strategy has been to manage golf courses exclusively in Dade and Broward counties. The greatest asset of PCM and its principals are the personal relationships that they have created and maintained over the last 35 years in the South Florida golf market. PCM and its staff are proud of their achievements over the past 17 years operating the Miami Beach Page 1242 of 1637 Golf Club and Normandy Shores Golf Course. They believe continuity and consistency are the keys to the long-term success of their company. Their goal is to continue a long mutually beneficial relationship between the City, PCM and the residents of Miami Beach. Hampton Golf. Inc. Hampton Golf is a "boutique" style management firm that will only add a new golf facility to their portfolio when they can ensure that their services will continue to exceed their current clients' expectations and those of their new client. Hampton Golfs technological advancements and continued success in competitive golf markets throughout the country, especially within the State of Florida, qualifies Hampton Golf to provide the level of management services the City deserves and should receive. CONCLUSION I have reviewed each firm's submissions and the results of the Evaluation Committee process. I find that both firms have excellent qualifications and experience, and have submitted very comprehensive proposals. In considering proposals, I note that the RFP stipulated that evaluation criteria would include qualitative factors (proposer experience, approach and methodology, and public benefit), as well as the cost to the City. While the overall cost is important, selecting an operator that maintains the high standards and level of service currently provided to patrons of the golf clubs is of the highest priority. In fact, service levels are so important that the RFP provided 70 out of 100 possible evaluation points to selecting the best qualified operator,with 30 points allotted for cost. In considering the best qualified operator, it is important to note that four of the five Evaluation Committee members found that Professional Course Management was the best qualified of the two firms. The Evaluation Committee's determination is supported by the findings from an independent review analysis conducted.by National Golf Foundation consulting (NGF), which at the request of the City, conducted a business analysis of Miami Beach Golf Club (MBGC) and it revealed that MBGC is one of the top Municipal golf operations in the country, with an outstanding, very well maintained golf course and net operating income performance that places the facility in the top 2% of municipal golf facilities in the United States, even considering the revenue constraint resulting from resident green fees that are well below 'market' rates. Additionally, NGF's business evaluation found MBGC to be in very good condition, befitting its price point and golfer expectations of "country club for a day". The opinion is validated by the very strong ratings which MB GC garners though its Golf Outing Evaluation forms, where 'excellent' ratings are generally,in the 80% to 100% range (depending on golf course component and year), and not a single rating was just `fair' or 'poor' among responses over a 5-year period. The NGF report is attached as Attachment B. After more than 15 years at MBGC and Normandy Shores Golf Course(NSGC), PCM staff has had very little turnover, and thus has significant institutional knowledge with the property. As with golf course conditions, golfers have a level of expectations with overall facility service that is commensurate with MBGC's premier golf course status. In addition to golf, the restaurant/bar is heavily used by both golf and non-golf lunch customers for a quality dining experience and both MBGC and NSGC have served as locations for numerous city and neighborhood association meetings. Further providing evidence of their value as a resource to the community, MBGC and NSGC staff goes out to the community to teach the game to children, conducting 6-week sessions at the Scott Rakow, Flamingo Park and North Shore Park Youth Centers. Finally, as public benefit PCM will continue free junior golf programs that introduce the game of golf to the youth of Miami Beach. From the introductory sessions at each of the youth centers (Scott Page 1243 of 1637 Rakow, Flamingo Park and North Shore Park) to the twice weekly complimentary Normandy Shores Golf Club Clinics which run throughout the entire school year and the weeklong Summer Golf Camp held with the Parks and Recreation Department, the staff of teaching professionals introduce and instruct the golfers of tomorrow free of charge using the SNAG Coaching Kits and even provide free US Kids golf clubs to the youth of Miami Beach.Additionally, PCM has also installed kid friendly tees at Normandy Shores Golf Club, which coupled with a special junior rate of just $5 the City has established, insure that children can continue applying the lessons learned and practicing the game on the golf course. Further, PCM will support the City's educational initiatives with a $2,500 a year donation during the term of the contract. Again, while the Evaluation Committee has determined, and I concur, that PCM has provided the best proposal with regard to qualitative criteria, cost is an important consideration. Accordingly, I recommend negotiating first with PCM in order to possibly reduce the cost of services. If negotiations are unsuccessful,the Administration would then negotiate with Hampton Golf. Therefore, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with Professional Course Management; and if unsuccessful in negotiating an agreement with Professional Course Management II, LTD; authorizing the Administration to enter into negotiations with Hampton Golf, Inc.; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. - FINANCIAL INFORMATION Grant funding will not be utilized for this project. Legislative Tracking Parks and Recreation/Procurement ATTACHMENTS: Description ❑ Attachment A- Evaluation Committee Scoring and Ranking ❑ Attachment B- Independent Evaluation ❑ Resolution Page 1244 of 1637 .../. ATTACHMENT A RFP 201B-186-WG GOLF COURSE OPERATION AND MANAGEMENTAEHMICES _ .... • Jot.0,700SPa E Plotlour Ktlowlea os Ootat Wad Gould Scatoarla a. ; Maroarks Wolfe r 1 Una Abgts0sto : A 5 . Totals 1 -- , ' I Clualltonto I 0107.4itlua 50bt610.1 006Illativo Cluanfitatiaa Subtotal 0.06a0ao Ousalltall. Subtotal gualltsOrs QuaalltaPas Subtotal 120111tallao I QuartlItstlea Subtotal :. I . —.— —., I I .1 Hartrplon Gott Inc — be i 30 60 2 63 IP: 03 53 30 S1 _..I 46 10 Ta 2 65 : 20 SI I 7 2 2 Pluka/ao0a104.17Se Mata19000.7, 70 1 20 _ 90 I 67 23 67 2 154 R1 31 2 61 20 53 I -- 61 t 20 53 , ! II ORMAYilgigN4i;:47??,;:0:3::''.4Ailsil.ril.ii46iii4;',... .:2•ZI75.1::11::'Si::i.,;::;:::•::::::1:!..:';c:11.1../..YS.::;I:Zji•f•71(LI:: , Total - - Otantltalluo ." Coattliavartuo CoottilavoouPto Yalstares 1 [Cost• 'towel Proposal pool Potato Po404 limmari.1 Hampton Colt,loo ' 1 ¶23 006 00 30 0 30 • Ptotemonal Cuomo Manaporrtanl S 18S/0000 20 20 • • Page 1245 of 1637 Summary Business Evaluation of Miami Beach Golf Club `F�y �:' �. I.y,T •. •}'Sr +Rkr3:•ie•}r +r: "- t,rs.p, wr�rt!t�,yw;}.. ,� l P..: :ZY'E:. 11I art- • Prepared For: City of Miami Beach, FL Parks and Recreation Department 1701 Meridian Ave., Suite 401 Miami Beach, FL 33131 Prepared By: N ilFCONSULTING M4rtOMAL OOL!FUCIM04f1OM 501 N. Highway Ala Jupiter, FL 33477 (561)744-6006 May, 2018 Page 1246 of 1637 Table of Contents INTRODUCTION & PURPOSE 1 GOLF MARKET OVERVIEW 2 National Golf1ndUstry Overview 2 Key Trends in Demand 2 Golf Course Supply 3 • Local/Regional Market 3 Defining the Miami Beach GC Primary Trade Area 3 Demographic Analysis 3 Estimated Local Market Demand 4 Local Golf Supply 4 • Miami Beach Golf Club Competitive Market 5 Map of Primary and Secondary Competitors 6 Primary and Secondary Competitors—Summary Information 7 Primary and Secondary Competitors—Summary Operating Metrics 8 Key Findings—Miami Beach Golf Club and Competitive Set 9 Benchmarking Comparison—Broward and Miami-Dade Municipal Golf Operations 10 BUSINESS ANALYSIS OF MIAMI BEACH GC 12 Miami Beach Golf Club Renovation Overview 12 Management Agreement 13 Greeen Fee and Membership Pjcing 13 Miami Beach GC Recent Operating Results 14 Rounds Played 14 Operating Revenues 15 Operating Expenses 15 YTD FY 2018 15 Net Operating Income-Longer-Term Performance(FY 2005—FY 2017) 16 Summary 16 Golf Course Conditions 17 Staffing/Budget 18 Marketing/Direct Selling 18 Customer Service 19 Merchandise and Food & Beverage Concessions 19 Instruction and Programming 20 Juniors 20 South Beach International Amateur Tournament 21 Community Engagement 21 RecordKeeping/Reporting 22 SUMMARY STATEMENT 23 Page 1247 of 1637 APPENDICES 24 Appendix A—National Rounds Played Report 25 Appendix B—Local Demographic, Demand;And Supply 27 Local Demographics and Demand 27 Golf Supply 28 Supply-Demand 29 Appendix C—Regional Municipal Golf Benchmarking 30 Appendix D—Miami Beach GC Fee Chart 31 Appendix F—Miami Beach GC Operating Performance Exhibits 32 Exhibit 1: Rounds History ,32 Exhibit 2:Operating Revenue—City Perspective 33 Exhibit 3: Operating Revenue—Facility Perspective 33 Exhibit 4: Operating Revenue per Round-City Perspective 34 Exhibit 5:Operating Revenue per Round—Facility Perspective 35 Exhibit 6:Summary Performance—City Perspective 36 Exhibit 7: Profit Loss Yearly Comparison 37 Appendix F—Miami Beach Golf Outing Evaluations 38 Page 1248 of 1637 Introduction & Purpose The City of Miami Beach Parks& Recreation Department("City") retained National Golf Foundation Consulting("NGF"or'"NGh'C")to provide independent evaluation services related to its 18-hole Miami Beach Golf Club("Miami Beach GC"or"MBGC")and its long-time private operator, Professional Course Management("PCM"or"Operator").Because the management contract for MBGC has not been put out to competitive bid since the facility renovation,the City is issuing a request for proposals(RHP) this spring for management services of both MBGC and the City's other municipal golf asset,Normandy Shores Golf Course,after several renewals of the existing agreement with PCM. Miami Beach GC,the former Bayshore Golf Club, is a highly valued and profitable asset for the City and its residents,and has enjoyed a renaissance in terms of both quality and performance since its$8 million renovation completed in 2002.Miami Beach GC is currently positioned as a premier public access golf course in the highly competitive south Florida golf market.NGF was retained-in advance of RFP responses being submitted-to provide a summary operations review and performance assessment for MBGC,and to provide and independent validation of what the City believes to be very strong management performance at MBGC.NGF has also provided a benchmarking analysis of key operational metrics across a subset of south Florida municipal golf courses, for comparison to Miami Beach GC. This document comprises a summary of key NGF findings,and includes(but is not limited to): • 110- market analysis comprising demographic&economic profile,golf supply and demand indicators,and identification of key competitors. ► Review of management, marketing and programming practices, as well as golf course conditions. ► Analysis of recent historical operating performance. ► Benchmarking analysis of Miami Beach GC and other Miami-Dade County and Broward County competitive and/or comparable golf facilities. The study effort was managed by NGF Director of Consulting Ed Getherall, with in-field assistance from Senior Director of Consulting Richard Singer and administrative support from Consulting Administrator Jodi Reilly.NGF's activities conducted in completion of this report included: ► Meetings and/or interviews with: • The City's,Director and Assistant Director of Parks&Recreation a Professional Course Management owner/president • MBGC key staff,including the General Manager, Head Golf Professional, Director of Marketing,and Golf Course Superintendent • Area golf operators ► Facility tour,including clubhouse,golf course and practice facility ► Analysis of recent MBGC financial statements/other materials pertaining to the operation. ► Golf market analysis and research National Golf Foundation. ort r Ip637City of Miami Beach-Miami Beach Golf Club-I , Golf Market Overview Below,NGF Consulting provides a summary of key"external"factors that characterize the trade area in which Miami Beach Golf Club operates,as well as NGF's macro perspective of the U.S. golf industry. On a local/regional basis,the overview includes basic demographic measures that have the potential to affect the economic performance of the golf facility,as well as an analysis of supply and demand indicators in the public golf market. (i()1..t' INDUSTRY ON [:RN [[•;W While socio-demographic,financial and cultural headwinds certainly persist for golf,the industry continued its macro trend toward stabilization in 2015-2017.The game remains popular and is fortunate to have a deep well of interested prospects. While golf's pay-for-play green fee revenues and other spending will always be vulnerable to outside forces such as weather and the economy, its chief challenge remains getting more of those non golfers who express interest in playing(`latent demand')to actually give golf a try,and converting more beginners into committed participants. Still,some socioeconomic and demographic trends continue to present challenges for golf operators. For instance,golf is having trouble attracting and retaining minorities and young adults(i.e., Millennia's); though this segment continues to account for a large percentage of annual play and spending, factors such as debt and competing recreational activities have suppressed golf demand from this segment. Key Trends in Demand ► Participation-The national golfer number(participation)continues to show some net attrition, primarily among occasional/less committed golfers. Overall,NGF survey research indicates that in 2016 there were 23.8 million people in the U.S.that played at least one round of golf in the prior year, about±1.2 million fewer than in 2012.However,the vast majority of "core"golfers remain in the game. ► Rounds Played 2016-17/Looking Ahead—Nationally,rounds played were down 2.7% year-over-year in 2017,at least partially attributable to weather events. For Florida overall, rounds were down 1.3%,despite a nearly 19%decline in September(Hurricane Irma).The Miami-Ft.Lauderdale market was down by 0.9%.YTD 2018 is off to a rough start nationally and in Florida,with rounds down by 5.6%and 6.6%,respectively,year-over-year through March. Miami-Ft.Lauderdale was down by 7.2%through March (data source: Golf Datatech —see Appendix A). ► Baby Boomer Effect—As Baby Boomers age and retire over the next 15 years,we expect to see a measurable increase in total rounds played in the U.S. Boomers-horn between 1946 and 1964-are currently 53 to 72 years old.About 6 million of them arc golfers; that's about 1/4 of all golfers,and they currently play about 1/3 of all rounds. Boomers started turning 65 in 2011,and already 1 million+golfing Boomers have reached retirement age.The Social Security Administration reports that 10,000 or more Boomers retire every day. And—300,000 Boomer golfers will turn 65 each year for the next 15 years. Retired Boomers(age 65-f-)play about twice as much as younger,non-retired Boomers(40 rounds vs 21 rounds). National Golf Founda fioj1 jn f r.p837City of Miami Beach-Miami Beach Golf Club-2 Golf Course Supply The correction in golf course supply continued in 2017 at a level comparable with the previous several years. According to NGF data, since the market correction in golf course supply began in 2006, there has been a cumulative net reduction of golf courses equivalent to about 6.9%. For perspective, golf supply grew by 44%in the previous 20 years(1986-2005). Closures continue to be disproportionately high among `value'priced(peak green +cart fee below$40)facilities;in 2016,nearly 70%of closures fell in this category. Many golf courses shutter due to competitive dynamics; increasingly, however,golf courses—especially in geographies where developable land is at a premium—are closing because residential or commercial is a much"higher and better use". 'Phis move toward supply/demand equilibrium is expected to continue for several years. (Later in this section, we will discuss golf course supply trends for the Miami-Dade and Broward markets). LOCAL 1 RE(rlo AL MARKET 1'o put MBGC's activity levels and performance into context,the environment in which the facility operates must be understood. Therefore,it is helpful to examine local demographic factors that have the potential to impact rounds played and fee tolerances.This overview includes an analysis of the area's demographic profile and trends relative to their potential impact on demand for golf. (See Appendix B for a summary table with all the measures and metrics referenced in this section). In the second part of this section we provide an overview of key golf market demand and supply indicators, as well as a summary review of the competitive market for MBGC. Defining the Miami Beach CC Primary Trade Area A number of factors assist in determining the expected market arca for a golf facility.In addition to the quantity,quality,and nature of existing competitive facilities in the area,the availability of highway and major thoroughfare infrastructure,traffic patterns,economic and demographic factors,and the propensity for golfers to travel to play golf all play a role in establishing the primary market area for a golf facility. NGF research shows that golfers are willing to travel up to 30 minutes to regularly play their favorite golf courses, and occasionally longer to play"luxury"rounds at higher quality courses. Based on these factors,as well as our knowledge of this market,interviews with area golf operators,and the distribution of public golf course supply in the greater Miami area,NGF expects that the majority of demand for MBGC to come from Miami,Miami Beach and surrounding communities generally within a 15-mile range of the course. This market stretches north to the Hollywood/Pembroke Pines area,west towards the Florida Turnpike,and south toward the south Miami/Kendall area.Of course,a high quality facility such as MBGC will also draw some demand from further away,including the Ft. Lauderdale area. Demographic Analysis Below,we summarize the population,median age,and median household income trends for the 15-mile- market around MBGC,as well as Broward and Miami-Dade Counties overall,derived from U.S. Census Data and NGF's Golf Market Analysis Platform(Go1fMAP).NGF observations: ► There are an estimated 2+million people living in MBGC's defined primary trade area, indicative of a dense urban population.Annual population growth rates in the local market are projected to be about 40%to 50%higher than the national rate of growth between 2017 and 2022.Overall,the 15-mile primary trade area is expected to add about 116,000 net new residents in the next five years. ► The Median Age in the primary trade area for MBGC is moderately higher than the national median of 38.1 years.In general,the propensity to play golf with greater frequency increases with age,making older markets more attractive to golf facility operators,all factors equal. • National Golf Foundapajbpiligtfrigfif837City of Miami Beach—Miami Beach Colf Club—3 ► At just over$44,000,the Median Household Income in the 15-mile trade area for MBGC is 25%lower than the national median of$59,240. We note, however, that there are many pockets of vey high income neighborhoods in immediate proximity to the club. In general, higher income residents are more likely to participate in golf,and they play more frequently than lower income residents. Estimated Local Market Demand NGF summary observations regarding key golf demand characteristics of the local market area: ► Both the primary trade area and Miami-Dade County overall have age, income and other demographic characteristics that tend to coincide with lower-than-average participation in golf.The overall golf participation and demand metrics for these markets is about 20%lower than the US benchmark.However,resident golf demand is strongly supplemented by demand from seasonal residents and visitors. ► NGF estimates about 79,500 golfing households in the 15-mile market;population growth is expected to add about 2,800 golfing households by 2022. ► Based on actual facility-reported and modeled data,NGF estimates that golf courses in the 1 S-mile market arca and Miami-Dade County overall average about 44,000 to 45,000 rounds played per 18 holes annually, compared to the national average of±33,000 rounds. (We note that public course-only averages are higher,especially among lower price point courses). Arca visitors(nearly 16 million stayed overnight in Miami-Dade County in 2016)contribute significantly to golf course activity in the region,with peak demand during the winter/early springtime.NGF research shows that roughly one-third of all golfers participate in the activity while traveling,playing 0.557 rounds per day of travel.As a premier public golf course located in the heart of a tourist destination,Miami Beach,MBGC draws considerably from these visitors,especially through its relationships with area hotels and the convention center(renovation soon complete). The greater Miami area is home to numerous large employers that are sources of demand for both golf and food &beverage service at,area golf courses(e.g.,tournaments,corporate team building events and meetings).Additionally, groups such as civic&fraternal organizations and churches are candidates for organized activities such as outings and leagues.These types of activities arc an important supplement to daily fee rounds for public golf courses, especially in today's hypercompetitive golf markets,but require an organized direct selling effort. Local Golf Supply NGF observations regarding key golf supply measures for the local market, including demand/supply ratios- numbers that act as a proxy for facility oversupply or undersupply,relative to the US benchmark (US= 100): ► There are 21 total golf facilities(includes 15 public, 10 of which are municipal)in MBGC's primary 15-mile trade area.After the spate of closures over the last decade+(more below), there are now 25 total golf facilities(19 public/11 municipal)in Miami-Dade County. ► Ratio analysis based on national benchmarks shows that the 15-mile market area has about 2.6 times as many golfing households available to support each 18 holes of golf compared to the national benchmark. National GolfFounda 6<lit�nt5f1p -/City of Miami Beach—Miami Beach Golf Club—.4 ► The phenomenon of golf course closures has been.particularly acute in Broward and Miami- Dade Counties,where changing demographics have been a key factor. Twenty golf courses (17.5 eighteen hole equivalents)have closed in Broward County and 11 have closed in Miami-Dade (10 18H-EQ) in the last 15 years.Few markets in the country have lost as many golf holes during that time.The City of Miami is reportedly considering re-use options for International Links—Melreese CC,one of MBGC's foremost competitors. ► The NGF database shows no new golf course projects under development in either Miami- Dade or Broward Counties. .111ANII 13F.AC1.1 GOLF CLUB t'ONIP1.1-1.t fly 1•lARK['r Based on the market positioning of Miami Beach GC,NGF identified a subset of primary and secondary competitors for the golf facility.These facilities were chosen based on factors such as price point, location,type(I8-hole or greater public regulation length only)and amenities offered,and comprise both municipal and privately owned daily fee operations: Primary Competitors Secondary Competitors Biltmore Golf Course Jacaranda Golf Club Crandon Golf at Key Biscayne Plantation Preserve Golf Course International Links Miami-Melreese CC V- !Miami Shores Country Club This list was not meant to be exhaustive or to account for all of the potential public golf competition to Miami Beach GC.For instance,off season pricing(dynamic)at the-[lump National Doral Golden Palm and Red Tiger courses,as well as the Silver Fox, can be comparable to, or even lower than,MBGC's non- resident rates,especially in off peak times. A map illustrating the relative locations of Miami Beach GC and the identified competitors is shown below.Following the map,we provide NGF key findings regarding the competitive market as well as summary operating information such as peak green fees,rounds played,and summary operating metrics. National Golf Foundatzioi6oft06§n6f l i - City of Miami Beach—Miami Beach Golf Club—5 Map of Primary and Secondary Competitors 'd°�' %arm : �erhiFF ' 3381 .... . • - i.....__, ° �-. r' °vwiltoi, • Plantation Preserve Golf Course X 1'Iantatiann� crtit I al ► ' dale i i „A Jacaranda Golf Club X o: New ..... 1 6Meiro.-i- Park j • • _ npvie it. • S { • - 818t ' ooper City ; )_ ._i . i. .{ Dania • .. 1 0 i 1 . . . r. Per*�hrol , r' - Pine + - N o.�...:-�. i - - y H Ilwood .4j-- .._ 0 ) • . I ...:1 lialland�e ._-•._ . _.__.1 Beach . ir'�mar : {-alre Lucerne...---•• .,i, _ 0,•:,JOjus 1 ' QSunn�t:t$1e - Q i Carol City �: • u. 1,, • °N h<Miarraii...elit h.': 828 31 ... _�.,. 9:..` ._._ • 6 j• 1 • � Miami Lakes i. k 441) (WI):, • eta ' 6•'.a-Locka; Horth' : -,!'\ r 1 �o ierj t 1 1----- — .. "Mia .. r ` '.' • I i iami Shores Country Club x i :.: . • • !Shari' .. r, if •.�i, _ �� 1 ,..___ :,.__,___i •. ' t_ .._Hialeah +3. . . • • • • • o ii F iMiami Beach Golf Club x t': ") .g j-• ,112 • =F7 .,.--I.::: .. . ll International Links Miami- elreese COunt Club X a� 5.....'.I i. nate^ Loko f ' ; ..:;;i:-......:.-: ._ I----.... 1 =.: 41: .4 .GI: 0 ' Z . ter • Biltmore Golf Course X ,i i _ _ pTy Fir yR _ 1826 . .. _....:...... ........ J a:.\' 'I Crandon Golf'At Key.Bisca•ne,,{Xi 1�, :ri „'� JW GLf 1 maw. :, f='e Ke j National Golf Foundaitiodbcoi2.64Nif ili637City of Miami Beach—Miami Beach Golf Club—6 • Primary and Secondary Competitors —Summary information The table below provides summary information for MBGC and the identified subset of primary and secondary competitive golf facilities. • Key Competitors-Regulation Public Access Facilities Location Relative to Par/ Front Tee/ Miami Beach Golf Facility Location Type Year Open Slope Back Tee Golf Club Miami Beach Golf-Club Miami Beach 18H-MU 1932/2002 1 72/ 128 5,908/6,813 - Miami Shores Golf Club Miami Shores 1811-DF 1939 { 72/131 j 5,031 /6,705 5 miles NW Crandon Golf Key Biscayne Key Biscayne 18H-MU 1972 72/ 148 5,192/7,325 6.5 miles South hitl. Links Miami-Meltecse CC Miami 18H-MU 1960 71 / 128 ' 5,534/7,270 : 7.5 miles W/SW Biltmore Golf Course Coral Gables 181-I-MU 1924 71 / 121 5,201 /6,772 10 miles SW Pembroke Lakes Golf Club Pembroke Pines 18H-MU 1974 72/140 5,160/6,815 18 miles NW Plantation Preserve Golf Club Plantation ; 18I1-MU 2006 72/ 134 5,182/7,071 23 miles NNW Jacaranda Golf Club Plantation 36l-I-DF 1971 24 miles N/NW East2006 reno. 7,1 / 129 4,923/7,247 West 72 i 131 5,026/6,778 • National Golf FoundarzicsbcoliMgridflit37City of Miami Beach-Miami Beach Golf Club-7 Primary and Secondary Competitors.—Summary Operating Metrics The table-below provides summary operating metrics for MBGC and the identified subset of primary and secondary competitive golf facilities. Miami Beach Golf Club and Key Market Competitors-Comparison Chart-2016, Peak Golf Fee Total Total Net Winter 2016 Rounds Rev:per Operating Operating Operating Facility Type i Green Fee Played Round Revenue2 Expenses - -Income Miami Beach Golf Club I81-1-MU $225 42,683 $82.99 S3,908,702 i $3,084,712 $823,990 Biltmore Golf Course 18H-MU S202 37,000* nia n/a nla nia Crandon Golf Key Biscayne 18H-MU $176 42,664 $50.18 53,181,158 S3,410,395 ($229,237) Intl.Links Miami-Melreese CC 18H-MU $195 31,822 $60.37 $3,519,574 $3,424,547 $95,027 Miami Shores Golf Club 18H-DF $109 45,586 $44.88 n/a n/a nia Plantation Preserve Golf Club 181-1-MU $109' 48,050 $52.01 $3,727,293 $2,881,981 $845,312 Pembroke Lakes Golf Club 18H-M11 $75 43,613 $42.13 $1,994,527 $1,848,674 . S145,683 - Jacaranda Golf Club 36H-DF $140 75,000* n/a n/a n/a nia •NGF Consulting estimate - _ I.Rates do not include tax. 2.For municipal golf courses,represents revenue from municipality perspective;if concessions present,only net payment to municipality included. 3.Expenses do not include depreciation,debt service or capital items. Page 1256 of 1637 National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach GolfCluh—8 Key Findings —Miami Beach Golf Club and Competitive Set A summary of general findings regarding the competitive market for MBGC: ► Based on location, proximity and price point,Miami-Dade County's Crandon Golf at Key Biscayne is the most direct competitor and comparable facility to Miami Beach Golf Club among the competitors identified above. Jacaranda GC and Plantation Preserve, while 20+miles north of MBGC,qualify as secondary competitors based on them being among the premier public golf facilities in Broward and Miami-Dade,and the fact that they are likely prevent some golf demand from southern Broward County golfers from migrating south. ► NGF summary observations regarding key operating metrics for MBGC and its identified competitors: • Excluding Trump National Doral,at$225 non-resident rate in-season MBGC has the highest green fees among south Florida public golf courses.At±$200,Biltmore GC and International Links are the next highest among the competitive set. e With average golf fee revenue(green+cart+membership)per round of$83,MBGC was easily the highest among the competitive set,about$23 higher than International Links and$30+higher than both Plantation Preserve and direct competitor Crandon Golf Key Biscayne.The gap with Crandon and International Links is especially impressive given the relative closeness in peak season rack rates,and is a sign of the City and golf course staff doing an excellent job of maintaining rate `integrity'. • Average rounds played per 18 holes among this subset were approximately 40,500. MBGC exceeds this average despite the highest green fees in the market.MBGC has similar activity levels to key competitor Crandon Golf,but at a much higher rate. ® Despite including only net payments for the pro shop and food &beverage concessions,total revenue at MBGC is the highest among this subset,and more than $700,000 higher than at Crandon. • Both Crandon Golf and International Links have higher operating expense profiles than MBGC, though Links has expenses associated with the maintenance of its First Tee Miami building,and Crandon reportedly has a water bill of'about$1 million. • MBGC and Plantation Preserve each generated more than$800,000 in net operating income in FY16. By comparison,Crandon Golf lost about$230,000—a number that increased to $1 million in FY17. ► As NGF has observed in many other markets,newer golf courses(e.g.,ylantation Preserve,Palm Beach County's Osprey Point),those that have invested in improvements(Pembroke Lakes, Miami Beach Golf Club,Jacaranda GC,International Links Miami),and those that have a very strong customer service profile(i.e.,,,"country club for a day")have fared the best in this regional market,while'those that have deferred capital improvements and everyday course maintenance (Country Club of Miami;many examples in Broward County)have seen declining demand and financial performance. ► In addition to annual and seasonal memberships(pre-paid green fees), facility-specific loyalty programs(such as Miami-Dade Patron Card), and web specials,discounted fees are also available through various programs such as CanAm,PGA GolfPass(Palm Beach and Broward),and the Premier Golf Card(owned by Golfnow),as well as through third party tee time providers such as Golfnow. National Golf Founda natj f t55r3.7City of Miami Beach—Miami Beach Golf Club—9 ► The Premier Card has resulted in increased activity levels at many south Florida golf courses, especially during the long off season. Premier has been in existence for 27 years and offers features such as 5-day advance booking and discounted green fees(some cart-only during off season).Along with MBGC, local courses that participate in the Premier Card program include International Links,Plantation Preserve,Pembroke Lakes,Normandy Shores and Miami Shores. ► The presence of a"buyer's market",the extreme seasonality of demand in south Florida,and the various discount programs in this market(like most nationwide)have resulted in average daily rates (ADRs)that have been essentially flat for 5 or even more years. It is not unusual for even high quality public golf courses in this market to see rack green+cart fees fall as low as±$30 for a peak weekend morning round in summer. Benchmarking Comparison —Brorvard and Miami-Dade Municipal Golf Operations NGF Consulting compiled a FY2016 benchmarking analysis of some basic operating metrics for south Florida(Broward,Miami-Dade,'Palm Beach)municipal golf operations.Key findings relating to Miami Beach GC's performance,pricing,etc.compared to the subset of reporting Broward and Miami-Dade municipal golf operations follow.The sources for this information are municipal comprehensive annual financial reports(CAFRs)and data supplied directly by municipal and/or golf course staff.The total sample set,excluding MBGC, for these two counties comprises 9 facilities(11 courses). The summary table can be found in Appendix C. Key NGF findings: ► From a pricing perspective,the responding facilities comprise a mix of low-market(e.g., Orangebrook, CCM),mid-market(Pembroke Lakes,Plantation Preserve,Normandy Shores)and upper tier(MBGC,Crandon, International Links)golf courses.Three facilities-•Crandon, CCM, and Palmetto GC are owned and operated by Miami-Dade County.Three—MBGC,NSGC, and Pembroke Lakes—are managed by PCM. ► On a per 18-hole basis, Plantation Preserve is the most active among the benchmark subset,with 48,000+rounds in FY16.This was?achieved at an average rate of$52;MBGC's rounds,by contrast,were about 11% lower but achieved at an average daily rate(ADR)of$83,or 60% higher than Plantation Preserve.In public golf,there is generally an inverse relationship between rounds activity and green fee level.MBGC has been able to earn a high rate per round while still reaching or approaching its desired activity levels. ► The lowest ADRs among the benchmark set belonged to the City of Hollywood's 36-hole Orangebrook G&CC at just$19.93, followed by Miami-Dade's Palmetto GC at just under$24 and Country Club of Miami at$25.36.Both Orangebrook and CCM suffer from significant deferred maintenance and capital needs. ► Excluding MBGC,five of the nine facilities had negative net operating income in FY16. Pompano Beach GC,which has more than$600,000 in City Admin&Overhead and$156,000 in FAA land rent included on its expense books,lost more than$1 million,while CCM lost $942,000.Crandon Golf Key Biscayne lost$229,000, a deficit that climbed to$1 million in FY 17, approximately the amount of the golf course's water bill. ► MBGC, at$3.54 million,earned more than Si million more in golf fee revenue than the next highest facility,Plantation Preserve. MBGC had only about$180,000 more in total revenue(city perspective)because only concession net payments are included. In terms of NOI, MBGC and Plantation Preserve are easily the most profitable of the benchmark subset,at$824,000 and $845,000,respectively. National Golf FoundatiobRn 8go#nf.. Fity of Miami Beach—Miami Beach Golf Club—10 ► In addition to the municipal golf courses listed in the table, NGF was able to find some • information for several others that did not provide information. • The City of Sunrise's 18-hole executive course,Seven Bridges at Springtree,hosts about 38,000 rounds and lost nearly $700,000 from operations in FY16. ® The City of Davie's 18-hole Davie G&C:C is operated under lease agreement and gains or loses a `nominal' amount each year. a The City of Tamarac's 36-hole(18 Reg.+ 18 Exec.)Colony West Country Club lost about S400,000 on 61,000 rounds in FY16. • The City of Miami Springs' 18-hole Miami Springs G&CC has traditionally lost hundreds of thousands each year,though the deficit is reportedly decreasing with improved course conditions and higher rounds. • • National Golf Foundat Rnf vo#n f f ity of Miami Beach—Miami Beach Golf Club—11 Business Analysis of Miami Beach GC v In this section,NGF Consulting provides a summary business review of the Miami Beach Golf CIub, comprising: NGF's subjective analysis of PCM performance in various functional areas based on our review and the Consultants' 45+years of collective experience evaluating golf course operations;and, an objective analysis of facility financial performance—both stand-alone and benchmarked against regional municipal golf operations. Information in this section is based on NGF's review in the spring of 2018, including meetings and interviews with MBGC and PCM management, facility tour, review of recent historical operating information and other documentation,and,market analysis.We note that our on-site review was limited to a one-day facility visit; however,we are confident that what the consulting team observed and experienced is representative of the everyday product quality and customer service profile of Miami Beach Golf Club. NGF's summary findings for MBGC arc presented below, following an overview MBGC's 2001-02 renovation. 131:A(.:H GOLF f:LUB RRl: ovA ERVIEW In December of 1998,the City of Miami Beach retained a consultant to perform an evaluation and analysis of the City-owned golf courses with the objective of assessing development alternatives,market and financial potential. Pursuant to the recommendations and conclusions of the report,the Mayor and City Commission voted to finance the complete renovation of Bayshore and Normandy Shores golf courses and related facilities.The City retained the retained highly respected golf course architectural firm,Arthur Hills,Steve Forrest and Associates to design plans for an upscale,visitor-oriented course at the Bayshore GC site and a more modest,but high quality `resident' course at Normandy Shores. The following is excerpted directly from materials supplied to NGF Consulting: "The City's primary objective was to reposition Bayshore and Normandy Shores with the goal of creating an attractive new amenity to improve the appeal of Miami Beach as an upscale visitor destination,while providing residents access to top quality public golf at reasonable rates,and insuring that golf course revenues fully cover maintenance and operating expenses. In August of 2000 the City initiated the RFP process for the Comprehensive Management and Operation of the City's Golf Courses,Clubhouses and Related Facilities. On November 29, 2000,the Mayor and City Commission accepted the recommendation of the City Manager and authorized the Administration to enter into negotiations with Professional Course Management 11,1LTD.,(PCM)for these services. The reconstruction of the Bayshore Golf Course, subsequently renamed the Miami Beach Golf Club at the recommendation of PCM,began in December of 2001.The newly renovated facility opened on December 17,2002. Prior to opening the Administration entered into an interim professional services agreement • with PCM to manage the golf course until the long term agreement was completed.The Management Agreement for the Comprehensive Management and Operation of the City's Miami Beach Golf Courses, Clubhouse and Related Facilities between the City of Miami Beach and Professional Course Management II, LTD., (PCM)was negotiated in September 2003.Normandy Shores Golf Club construction began in May, 2007 and that golf course was opened in December of 2008. In May of 2010 Normandy Shores Golf Club's new clubhouse was opened.", National Golf Foundation'Consulting,Inc.-City of Miami Beach-Miami Beach Golf Club-12 Page 1260 of 1637 j\;ANA(yI.;\it; " l' '% 1:.N1 I. 130th Miami Beach Golf Club and Normandy Shores Golf Course are owned by the City of Miami Beach and operated by PCM.Golf is not accounted for as an enterprise fund,but rather as a separate account within the City's Parks& Recreation Department.The original agreement with PCM for MBGC had a 3- year term,with two 1-year renewal options. PCM has subsequently been renewed twice for 5-year terms, • in 2008 and 2013, The current agreement with PCM expires on September 30, 2018. PCM is responsible for all aspects of facility management,and has separate concession agreements for merchandise,food& beverage operations,and lessons(PCM subleases to Jim McLean Golf School). The City is responsible for all expenses except those related to the concessions,for which it receives 5% of food &beverage revenues and pro shop sales,and 20%of lesson revenues.The City receives 100% of green,cart,membership,range and miscellaneous other revenues. NGF Summary findings: • ► PCM received a$125,000 base management fee in the first year of the most recent renewal period, increasing in subsequent years by the CPI index or 3%,whichever is smaller. In addition,PCM is eligible for an incentive fee,capped at$125,000. The full$125K is payable if net operating income before debt service equals or exceeds $800,000(fee,is reduced by proportionate percentage to NOI below$800K).There is the potential to earn an additional 5% incentive fee on gross revenues above$4 million. In the 2013 renewal,the compensation formula for PCM was adjusted to become more incentive-based than the previous deals. J► In FY16 and FY,17,PCM's total management compensation was$250,000 and$234,603, respectively.The effective percentage compensation in these years was 6.4%and 6.3% of total facility gross revenues(City perspective),respectively.Based on NGF experience,both the structure of the City's-management agreement with PCM(base management fee plus incentive)and the effective compensation are within expectations for a premier municipal golf course at this price point and revenue level. ..5 (;REEEN FF.F AN1.) ME ft.II ERSI.IIP PRI('ING With non-resident peak season green fees of$225,Miami Beach Golf Club has the highest green fees in south Florida for municipal golf courses,and trail only'Trump National Doral($400+peak season) among all public courses.Miami Beach and south Florida(Palm Beach,Broward,Miami-Dade and Monroe counties)enjoy considerable discounts,with peak season fees of$80 and$120,respectively. The City Commission has final authority on setting of golf fees at MBGC. ► As is the case with every public golf course in south Florida, MBGC has considerably lower rates during the shoulder and summer seasons(complete fee schedule in Appendix D). However, unlike the vast majority of municipal golf courses, MBGC has few green fee categories that offer discounts off of rack rates due to the quality of,and demand for,its product. • Aside from the Canadian Golf Pass($10 off south Florida resident rate;accounts for fewer than 1,000 annual rounds),MBGC offers discounted rates only through the Premier Card,which provides 10%and 15%discounts off of peak season and off season fees,respectively, and which has accounted for anywhere between 13,000 and 17,000 summer rounds each year.Hotels are not offered special rates,though concierges receive a 20%commission for referring individual and group play. National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club— 13 Page 1261 of 1637 ► Miami Beach GC resident green fees have changed very little over the years,with only a$5 increase since 2007. South Florida peak season resident rates have increased by only$20, from$100 to $120,while non-resident fees were$150 at inception and are now$225. ► MBGC also offers a membership program offering unlimited green fees,$20 cart fee, 19-day advance tee time(public is 5-day), and preferred guest rates,among other benefits. The program is capped at 200,with a waiting list of 40+;—95%of members are Miami Beach residents(including many seasonal). Pricing for singles is$3,500,and for couples$4,500. ► NGF key findings regarding MBGC fee structure: O MBGC's pricing model was set up so that revenue would be maximized from visitor rounds,thus allowing the City to'subsidize' affordable golf fees for Miami Beach and south Florida residents as a matter of public policy.Additionally,fees are set with the goal of attracting rounds volume in the low to mid 40,000s,so as to not put too much maintenance strain on the golf course and preserve a premier golf experience and provide good pace of play.NGF observes that these objectives have been served by the overall pricing structure and policies. n While the pricing structure adheres to public policy goals,we do note that revenues are significantly constrained by offering resident fees that arc well below`market rate'.This is not an uncommon strategy among premier municipal golf courses in the US. Examples where there are large municipally mandated differences between resident and non-resident rates are the City of San Diego's Torrey Pines,Indian Wells Golf Resort,Desert Willow Golf Resort (Palm Desert),and Bethpage State Park Golf Course(State of New York). il..IA 1t BEACH (GC REC.:ENT O1'FF:k vFlNG RESULTS Below,NGF summarizes key findings regarding the financial results of Miami Beach GC for the FY13 through FY17 time period,as well as year-to-date FYI8. (Please refer to exhibits in Appendix E). Rounds Played As discussed earlier,the City—from the inception of the renovated Miami Beach Golf Club—established that the club would be expected to adhere to certain parameters related to activity levels,rate achieved, and course conditions.To maintain the operating and maintenance model the City desired, it was determined that rounds played should generally fall into the X45,000 range each year,thus maintaining great golf course conditions, fast pace of play,and overall customer experience.Below are NGF's key findings about rounds activity at MBGC over the subject period. ► Total rounds played have been on a downward trend since peaking at more than 47,000 in FY14, though there have been some intervening factors that have contributed to the decrease. Overall, rounds in FY17 were 13.2%lower than in FY14,though the former-year represents an outlier (on the high side)for rounds activity at MBGC since reopening.External factors suppressing rounds played in recent years include the renovation of the Miami Beach Convention Center beginning in 2016,the Zika virus in 2017,and hurricanes in both 2016 and 2017(Irma).Also, NGF was told that hotel room rates have increased significantly in Miami Beach,perhaps putting a strain on discretionary income available to visiting golfers. ► MBGC has consistently received about 36%to 37% of its total play from rack rounds;the _ percentage of these rounds that has come from Miami Beach residents has increased from about 16%of play in the 2013—2014 period to the current level of about 20%.Member+guest rounds have increased over the last five years from about 10%of total play to about 16%,while Premier Summer members played 31%of rounds in FY17, down from just under 38%in FY13. National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—14 Page 1262 of 1637 Ito Both Premier and unlimited play members have helped management to achieve a high level of play throughout the year,despite the strong seasonality of demand in south Florida. MBGC's busiest month the last two years was May-not traditionally the strongest in this climate—and the facility hosted nearly 4,000 rounds in July 2017. ► Despite some constraints with regard to facilitating large outings during the peak season, MBGC is very active with tournaments,hosting between 4,000 and 4,500 rounds per year. Operating Revenues. ► Golf fee revenue was$3.75 million in both FY 14 and FY 15, subsequently decreasing by about 5%in FY 16 and another 5%/ in FYI 7 in the face of lower rounds played.Total revenue(City perspective)has declined each year since reaching$4.1 million in FYI4,and was about 8.8%lower in FYI7 than that recent high water mark. ► Golf fee revenue per round has generally been in the range of$79.50 to$83.20 during the five-year time period,with the exception of FY15 when the average rate reached$87.15. ► Other revenue centers: & The driving range has been a consistent performer at Miami Beach Golf Club, at±S4 per round. 9 Pro shop lease revenues per round have followed a 'bell curve' pattern,peaking at $0.97 in FY15,and subsequently declining to $0.87 in FYI 7. a Food&beverage lease revenues per round have increased from$0.99 in FY13 to $1.23 in FY17. a Lesson revenues to the City(@ 20% of gross) have more than doubled over the five- year period, from about S70,000 to more than$143,000 ► Total revenue per round(City perspective has been just under$92 the last two full fiscal years,after reaching$94.54 in FY15 ► With an increase of about 10% in the revenue budget in FY 15 and the decline in revenues over the last few years,the annual revenue budget variance has reached S400,000+during the last two fiscal years,and has totaled more than $1 million over three years. Operating Expenses ► Miami Beach GC's total operating expense has been very consistent over the last four years, ranging between about$3.07 million and$3.1 million,despite increased costs from adding the streetscape maintenance responsibilities in 2017. ► The FY17 total expenditures for labor and benefits were just over$1.5 million, including $816,000 for the maintenance department. At about 50%of the total expenditures,this level is within norms of industry standards as observed by NGF Consulting. ► The total golf course maintenance budget for FY17 was$1.56 million,which is at the high- ` end of the range public 18-hole golf courses,and appropriate for a golf course of this caliber and price point. YTD FY 2018 As the table below illustrates,key indicators are all up for the first seven months of FY 2018,including rounds played(up by 7.6%),total revenues(9%),and total golf fee revenue per round(2.1%). National Golf Foundation Consulting,Inc.-City of Miami Beach-Miami Beach Golf Club- 15 Page 1263 of 1637 YTD thru April)FY2017 vs. FY2018 ( A (City Perspective) I Oct 2016,April 2017 _ Oct 2017-April 2018 Golf Fee Revenue $2,213,830 $2,432,355 Total Revenue $2,466,455 $2,689,202 Rounds played 24,466 26,315 Golf revenue per round $90.49 $92,43 Total revenue per round $100.81 $102.19 Net Operating Income- Longer-Term Performance(FY 2005— FY 2017) NGF took a longer-term view of MBGC in the context of net operating income (NOl)performance since FY 2005 (see summary table below).What emerged were about four distinct periods in terms of rounds played and NOI performance,with the main variables causing differences in performance between these periods owing largely to external factors: ► The FY05 through FY07 period was a period of strong performance, with average NOl of about$965,000.The five-year period that followed included the financial crisis of 2008-09 and its lingering effects,such as large corporate outing cancellations(e.g., IBM, Morgan Stanley)and the severe decline in business and leisure travel,resulting in a decline in NOI to an average of$761,000. ► As those negative effects of the financial crisis began to wane,MBGC enjoyed a very '\ profitable three-year period between FY 13 and FY 15,when it averaged more than$1,02 million in NOI on an average of 45,000 rounds played. ► Finally,the triple challenges of the convention center construction,Zika virus scare and Hurricane Irma have affected play the last two years,when average rounds declined by more than 3,000 from the prior period, and NOI dropped by about 25%to an average of$740,000. MBGC-Rounds and Net Operatin: Income(FY 2005—FY 2017) FY05-FY07 FY08-FY12 FY13-FYIS FYI6-FY17 Rounds Played 43,302 43,077 45,032 41,804 NOI $964,806 $761,089 $1,026,741 $740,128 Summary Ali in all,MBGC has been a very consistent performer since its rebirth,with negative variations in performance largely-or perhaps entirely-due to external factors.Rounds played have been in the range desired by the City to preserve the asset and the golf experience,and the public policy of subsidizing resident rates below`market rate',while constraining revenues, has allowed the majority of resident golfers to enjoy this premier public golf offering. National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—16 Page 1264 of 1637 +ro i CO( RS1•, O 1)1 l R )N.7, Below are NGF's key observations about golf course maintenance conditions at MBGC,based on facility tour and discussions with the Superintendent; In total,MBGC includes about 120 acres of managed property(includes strectscapes, which were added to the golf course responsibilities and budget in 2017), As noted above,the total golf course maintenance budget for FY17 was$1.56 million,which is at the high-end of the range public 18-hole golf courses. * All of the turfgrass at MBGC is Paspalum variety,a salt-tolerant grass that nevertheless presents some maintenance challenges, especially with respect to greens, which require a lot of topdressing and"TLC' to regulate consistency and speed to golfer desires. * The irrigation source is City potable water(was formerly brackish water from ponds), which cost the golf course$178,000 in FY17.The Toro irrigation system dates to 2000. Though there are no major problems (pumps have been repaired several times), the City should begin planning for its replacement±10 years down the road. • Maintenance equipment is obtained via a lease agreement(operating budget); it is a full-fleet lease with 4-year turnover, and equipment appeared to be in very good condition during the NGF visit.(Golf carts are also on operating lease,with a 3-year cycle-new fleet due in December 2018). ® There are 53 total bunkers on the course,many of which need face work(ongoing project done out of operating budget). Re-sodding of holes is underway &part of on- going maintenance(also out of operating budget). • The driving range features both mats and grass; mats are utilized M-Th and grass Fri- Sun to preserve turf quality and conditions. ® Current Capital Plans: PCM is proposing new capital for practice area enhancement(expanding the tee area), as well as range netting replacement. NGF'overall takeaway:Globally,NOF found MBGC to be in very good condition, befitting its price point and golfer expectations of"country club for a day". This opinion is validated by the very strong ratings that MBGC garners through its Golf Outing Evaluation Forms,where`excellent' ratings are generally in the 80%to 100%range(depending on golf course component and year), and not a single rating was just`fair' or `poor' among 65+responses over a 5-year period. National Golf Foundation Consulting,Inc.—City of Miami Beach—,Miami Beach Golf Club—17 Page 1265 of 1637 Miami Beach Golf Club staffing comprises personnel who fall on the City budget, as well as staff that work in one of the concession areas(merchandising,food&beverage,golf school)who are compensated by PCM. NGF observations on MBGC staffing: ► The FY17 total expenditures for labor and benefits were,just over 51.5 million,including $816,000 for the maintenance department(see previous section). ► Golf course maintenance staffing comprises 20 full-time positions: • Key positions: Superintendent,Assistant Superintendent, Mechanic, Irrigation Technician,Spray Technician. • Operators (7)and Laborers(8). ► Management/Golf Operations is a mix of full-time and part-time employees: • Shared Management(MBGC and Normandy Shores) includes General Manager (PCM employee),Director of Golf, Director of Membership&Marketing,Controller and Purchasing Assistant. a Golf'Operations—managcment/pro shop: Head Golf Professional, I'Assistant Golf Professional, Golf Shop Attendants(3),Merchandise Assistant(PCM employee). a Golf Operations-outside services/other: Rangers(3 pit),Starters(2 f/t),Cart Attendants/Bag staff(10, including—7 fit). ► PCM compensates all employees associated with the pro shop and food&beverage concessions,including the F&B Manager.PCM also compensates the City 52,000 per month for City staff selling merchandise. - ► MBGC staff does not provide lessons. Jim McLean Golf School compensates all instnictors. NCF observation regarding staffing and labor budget: MBGC staffing is robust,but very much in line with what NGF has observed at other top tier public golf courses. MBGC staff is obviously well trained and takes pride in its work. Staff has reportedly had very little turnover,and thus has significant institutional knowledge with the property.As with golf course conditions,golfers have a level of expectations with overall facility service that is commensurate with the high green fee charged. Overall, this facility is providing a very high level of service,requiring a large employee"footprint"that is not directly comparable to industry norms.Based on our review,NGF does not believe the budget could be reduced without a corresponding reduction in service level or maintenance quality/condition. � I NIARKETIN(:.; / DIRECT SELLING MBGC spent a total of$8,200 on advertising and promotions in FY17, not including other money spent on dues and memberships(chamber of commerce,etc.). PCM also employs a full-time Director of Membership and Marketing,with duties and compensation split between MBGC(60%)and NSGC (40%).NGF observations on MBGC marketing and direct selling: ► In the past,NGF recommended about I%to 2% of total gross revenues as-a benchmark for a golf course marketing budget, which would equate to about$40,000 at MBGC at minimum. However,in today's golf marketing world,much of the communication is through low-or no-cost digital channels(website,email database marketing, social media,etc.), so NGF's rough rule of thumb no longer applies. National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club— 18 Page 1266 of 1637 ► Additionally, MB(;C's marketing budget is effectively understated, as it employs a marketing director who is active in direct sales, which NGF believes is the most important component of a marketing program for a premier public golf facility in a destination market.The director of membership and marketing reported spending about 25% of his time on direct selling for groups and outings,and has cultivated an active concierge program with area hotels and the Miami Beach Convention Center. Both the DOM and other staff are also actively engaged in public relations and direct selling to the rest of the community(more later in report). NGF key findings on marketing and direct selling: Though the overall spend on advertising is low, it is important to note that MBGC is very well established in the community and has a high level of awareness among both south Florida residents and visitors,thus reducing the need for a robust marketing budget.Also,the budget is effectively understated due to the importance of direct selling for a premier public facility in a resort market with many lodging properties and a high-volume convention center. Finally, MBGC has been performing with rounds activity\levels at, or very close to,the target levels established by the City Commission from the inception of the club. (i:L STO1IER SE'.R\ ICf. Though NGF did not implement its customer satisfaction program(Go1fSAT)at MBGC for this project, we did review five years'worth of Golf Outing Evaluation Forms(see Appendix F for tables of summary results)as a proxy for assessing overall golfer customer satisfaction at the facility.(We note that large corporate and group outings contain many business people,including Fortune 500 clientele,with high expectations and low tolerances for poor service or experience).NGF observations about MBGC customer service: ► NGF consultants observed a high level of service from the moment we entered the premises, starting with the cart attendant(even though we were not golfing),and including our lunch at the restaurant. NGF was consistently greeted warmly by employees. ► Results of the outing evaluation forms from FY13 through FY17 reveal ratings consistently— 80%to 95% `excellent' (varies somewhat by year)for the categories of`Outing Administration',`Staffs,and 'Food&Beverage'. For FY17,ratings across 8 measures within these categories were all 100%excellent. Over the entire 5-year period,only one reviewer out of about 70 outings gave anything other than an excellent or good rating in these areas(was for pre-outing communication). -► The City employs periodic`secret shoppers' to monitor customer service at MBGC. NGF key findings on customer service: Though maintaining an excellent customer service culture and profile is important for all businesses, including golf courses, it is especially critical for a premier municipal golf facility in a market with many golfing choices such as greater Miami. Bad experiences reflect poorly on the City(golfers associate the golf course and employees directly with the City).The key to successful customer service at a facility such as MBGC is managing the experience,and NGF believes that the City and facility management have effectively achieved that objective,as borne out by the consistent economic performance and measurement vehicles like the outing forms and secret shopper. MERCHANDISE AND FOOl.) & BEVERAGE CONCESSIONS As discussed earlier, merchandising, food&beverage(along with lessons/instruction)at MBGC are operated via concession agreements. Though NGF did only a cursory review of these concessions- including dining for lunch at the restaurant-during our one-day visit,the various concessions appeared to have strong customer service profiles.NGF observations about the pro shop and food& beverage concessions at MBGC: National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—19 Page 1267 of 1637 ► The pro shop,though relatively small,was amply stocked with a preponderance of soft goods,shoes and apparel, including a lot of logocd merchandise—something NGF always recommends for destination facilities with attractive and unique logos such as that at MBGC. Pricing appeared to be commensurate with the price point and destination appeal of the facility. ► The restaurant/bar,also relatively small in size, is nicely appointed and had a good mixture of both golf and non-golf lunch customers during our visit. As per the City directive when the clubhouse was initially programmed and designed, the meeting/banquct space is limited,with a capacity of about 60. Between the meeting space and adjacent outdoor space, there is barely sufficient capacity to accommodate a full field double shotgun outing of 144 players.The restaurant,meeting room and outdoor patio together can accommodate a total of—230 people. ► The restaurant is open 7 days a week,for breakfast,lunch and dinner. It opens from 6:30 am to 9:00 am for continental breakfast,and the kitchen opens at 9:00 am.The full-liquor bar is open from 6:30 am until 8 pm. Saturday and Sunday mornings feature full service breakfast service from 9 am until 2 pm. ► The restaurant features a varied and extensive menu comprising brunch items, desserts, salads,starters,burgers, and hot and cold specialty sandwiches and wraps. As with the pro shop merchandise,pricing is commensurate with the Miami Beach tourist destination and the price point of the golf course. (NGF often uses the price of a hamburger as a benchmark for overall pricing;the `Miami Beach Burger' is$12.50). NGF key findings on concessions: Though the clubhouse size at Miami Beach Golf Club is somewhat limiting in terms of revenue maximization and customer service(e.g.,facilitating large outings and meetings), PCM appears to be doing a good job with both the pro shop and food& beverage concessions. NGF believes that food&beverage operations located at golf courses should strive to cover their costs and even make a profit,but their primary purpose is to serve golfers.Because private vendors have a profit imperative,service to golfers can sometimes become secondary. This is not the case at MBGC, where the vendor also happens to manage the entire golf facility for the City.The most important aspects for serving golfers include providing space for golfers to feel comfortable being served in golf attire after playing a round(hats,golf shoes,etc.),and providing rapid"walk-up"service for golfers still on the course(MBGC has ahead service). INS FR(.("l'i()N AND l'R(3(.;RAi IA1IN(; Miami Beach GC offers a full menu of adult lessons,clinics,etc.through the Jim McLean Golf School. In addition,PCM is very active with junior instruction,and MBGC is host to one of the premier amateur golf events in the world. Juniors ► PCM created a free junior golf program hosted at Normandy Shores Golf Club to introduce children to the game that otherwise would not have the opportunity due to financial constraints. The program began with support through a grant from the USGA,and over the years the program has grown.Now with grant support from the FJGC and the fundraising Billy Shockett Memorial Golf Tournament, there are 2 free clinics each week during the school year,taught by PGA professionals. ► The City has also made an effort to grow the game by providing a$5.00 junior rate to walk after 2:00 at Normandy Shores,and through funds raised at the Billy Shockett Memorial Tournament US Kids tees were added so that children of all ages and abilities can play from the appropriate yardage. National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—20 Page 1268 of 1637 O. Weekly_junior clinics at Normandy Shores are held on Saturday mornings and at Miami Beach Golf Club on Tuesday, Wednesday,Thursday and Saturdays with the Jim Mclean Golf School. During summer there is a full schedule of weeklong camps at both facilities,capped off with the Miami Beach Junior Open. South Beach International Amateur Tournament The South Beach International Amateur Tournament has enjoyed a consistent place the top of the world's rankings for amateur tournaments,and was considered a "major" international event for the 6th straight year. Highlights for the 2017 South Beach international Amateur—held December 17 through 22- - include(source: PCM): ► Again earned "A" status from the Royal &Ancient Golf Club of St.Andrews,one of golfs two governing bodies, for its continued"major" status, and reaching the 5th spot in the worldwide amateur rankings. ► Remained the#4 ranked amateur tournament in the nation behind the United States Amateur, Western Amateur and NCAA Division 1 Championship. ► Was again sold out and attracted 210 of the top amateurs in the world with a wait list that consisted of over 150 players. ► The tournament featured the highest number of international amateurs(102)of any amateur tournament in North America and was second only to the British Amateur worldwide. ► More than 1,000 hotel room nights were sold to participants and guests. ► Attracted approximately 450 parents, coaches and contestants to Miami Beach for an average of 5 days. Based on visitor spending average figures from the Miami Beach Chamber of Commerce (at$269 per day,represented a$671K financial impact to the City). • NGF observation: 'Through both the Jim McLean Golf School and their own staff at both MBGC and NSGC,PCM is very active with adult and junior instruction,and the South Beach International Amateur Tournament has a large positive impact on both MBGC and the community. COMM UNITY ENGAGEMENT For a municipal golf course,community engagement is both necessary and helpful to maximizing activity and support from residents and businesses.NGF observations about PCM's level of community engagement: ► PCM reported spending many hours every year attending community meetings(e.g., chamber of commerce),getting feedback from constituents,etc.As noted earlier,golf course staff is very active in engaging local hotels and the convention center to direct players to MBGC. ► MBGC and NSGC staff goes out to the community to teach the game to children,conducting 6-week sessions at the Scott Rakow,Flamingo Park and North Shore Park Youth Centers.At the conclusion of these sessions,through the grant from the FJGC,each facility received a donated SNAG Coaching Kit so that the counselors can continue to teach golf to the children. ► Staff also conducts a week-long complimentary summer camp in conjunction with Miami Beach Parks&Recreation summer programs. NGF observation: After more than 15 years at MBGC and Normandy Shores, PCM seems to have established many relationships and appears to be deeply entrenched in the community. National Golf Foundation Consulting,Inc.-City of Miami Beach-Miami Beach Golf Club-21 Page 1269 of 1637 REC RI)Ki.T.PING I REPO(FJNG Though NGF has found through its experience that lack of financial responsibility at golf courses is uncommon,municipalities that entrust their golf operations to a private operator run the risk of either substandard recordkeeping and/or`creative accounting'.Therefore,it is very important to have point-of- sale and reporting systems in place that ensure that oversight at the municipal level is seamless,and that records and data provided to the City are accurate, easy to understand and informative.NGF observations about recordkeeping and reporting at MBGC,based on information supplied to us for this engagement: ► PCM is required to submit daily audits to the City. ► PCM,working with the City, prepares annual budgets,capital plans. O. Internal reporting,such as the Monthly Progress Reports, is well organized, easy to understand and clearly show year-over-year performance trends in rounds and revenues. NGF key findings on recordkceping and reporting: NGF was not retained to do an audit of systems and reporting at MBGC.However,we have done hundreds of operations reviews and have found the reporting and recordkeeping at MBGC to be among the most organized,concise and useful that we've come across. Additionally,when we made requests for documentation during the course of our study, the data and information was readily available and quickly sent to us. National Golf Foundation Consulting,Inc.-City of Miami Beach-Miami Beach Golf Club-22 Page 1270 of 1637 • Summary Statement Miami Beach Golf Club is an historic and valued community amenity that underwent a renaissance with its early 2000s renovation. With the reinvention of the old Bayshore Golf Course,the City established clear cut goals with respect to asset stewardship and operating parameters of the club,with a focus on providing a top quality golf experience to all players, while preserving affordable playing fees for Miami Beach and south Florida residents. NGF's summary business analysis of MBGC and its management has revealed a very high quality product that benefits from a management team with many years' of experience navigating the nuances of public golf in south Florida.As noted in the report, MBGC has had remarkably consistent performance since at least the FY 2005 period(time frame for which NGF had operating results). And during those periods when demand and net operating income were lower,the declines were largely attributable to external uncontrollable factors, such as the financial crisis of 2008-09,as well as the convention center construction,Zika virus and Hurricane Irma over the last few years. We note that operating a high-end municipal golf course with established public policy goals can be a difficult balancing act.For example,at MBGC management must juggle the needs of several different user groups, including city residents,tourists, members, and groups, each wanting to play this premier golf course during their preferred playing times.Another challenge with respect to golf operations in south Florida is trying to equalize activity levels during the year, in the face of extreme seasonality of demand. PCM has effectively done this by cultivating the facility's annual membership and Premier Card programs. NO:Consulting's principals have visited and analyzed hundreds of municipal and daily fee golf operations over the last three decades.Our overriding finding from our tour and summary business analysis is that MBGC is one of the top municipal golf operations in the country, with an outstanding, very well maintained golf course and net operating income performance that places the facility in the top 2% of municipal golf facilities in the U.S.,even considering the revenue constraint resulting from resident green fees that are well below `market' rates. NGF's independent review and analysis revealed no obvious weaknesses, with best business practices adhered to in all of the aspects of the operation that we observed. One area that requires some fine tuning is the establishment of the annual revenue budget,which was increased by about 10%in FY15.The significant increase in the budget,combined with lower than expected revenues in the face of external factors noted above, has resulted in large negative variances between actual and budgeted revenue over the last fiscal several years. In summary,while our analysis was based on a somewhat limited scope,NGF Consulting concludes that Professional Course Management is doing an excellent job of managing the experience at the premier "country club for a day"facility that Miami Beach Golf Club represents.Entrusted with a top flight golf facility,PCM appears to have been a very good steward of the City's asset,while at the same time actively engaging the community and accomplishing the public policy goals established by the City with the reinvention of the club in 2002. National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—23 Page 1271 of 1637 Appendices APPENDIX A - N.tT1()N.tl ROUNDS PI..\\ EI) IZEPO.)KT APPENDIX B--LOCA!-. I)I•:NI()t;l2.AP111C, I)1•:S1;-ND,.\N!)st.P!'L\' APPENDIX C..- Itl.(i#()\.1I, `ll. N1( IPAL. (;()1.1' 13ENC'I'IMARKINc APPENDIX D-1Il:A\l1 BEACH (;C' ITE ('HART • APPENDIX E-\.IIA.\II BEACH (7C OPI-;IZA FI1(; I'I•;RF()RNIANCE EXHIBITS APPENDIX F-1lIA V'II BEACH G(' OUTING EVALUATIONS National Golf Foundation Consulting,lnc.— ity of Miami Beach—Miami Beach Golf Club—24 Page 1272 of 163 • APPENIMX A -NATIONAL RRO)I.:NI)S PLAYED REPORT ,;;:: : Frans �L National Golf Rounds plagd Report-ISi9;•�' L moil a'hnld]•Id16111flNI1Wt1tYltatFl^I•pl8!L1 lt1i:INf Ntflt1ae11i,lr.Gtif l: iltPtq ullfl �'�Utl L.'a. Page OftIl ' uiec N11 um:> IIIIImur..F2 +741 , aci 1 it :96711 I WfY n r0II C l 4wor41p� 1r%{kl11:i".Itflllm �ItltlllN': 1:11N1.,.`t111:111U.111' ,�PN1:_I.1111: U✓ol t INTI ,ilnll�'. NIIILII4j444.7� L r.17In`.::B/.. ..:.u 111'VII.— ,11 "."r +FIT I....:. :- . :.7 ...... III;.,:lu:` .Niki 'A� J C. ! 11 .. I 1 1111 1 1 1 11 11 1 11 1 , 1 n 111 11 ! 11i rl 1 1 U_$.TOTAL MARCH 18 YTD '18 • Mountain -3.8%• -5.6% ROUNDS 4.5% - - . TEMP -5.6% West North Central '- PRECIP -29% E si{,NQfth_c@ntcg,. ROUNDS -11.5°4 " - ROUNDS -20-2% ' New England Pacific TEMP -3.3° ! r ':. :rTEMP s PREL'IF-2°5 PRECIP 30% . M POUNDS +12.9% ' ROUNDS -0.8% ! ' 31; >° TFMP +4.4° �- + . . . . . ..y. •:r„•;.'.;TEMP -2.2° MT •N ?REGI? -34 ' PRECIP -29% K .. MN WI ;;v MAe • t,,,z..•,..; • • WY .1 , :� Mid Atlantic NE 'd• -VS IA : •N•It, J ROUNDS +C.9% IL y,•,• TEMP •1.3° • `•�s. i DE- PRECIP -23% :?:. ''• ... - . IN MD 1:41 WV VA HI • - South Atlantic • ROUNDS -4 • TEMP -3.8° PRECIP +9% LEGEND: Outline colors represent regions Round percentages compares March 2018 Io March 2017 `'"'`yP'''',74 :`;y; ..---- 10 WARMER Temp YOY=0.76%Increase In Rourras Played' __ 1"RAIN Increase YOY=2.2%Decrease in Rounds Played' South Central ''F''`"' 'Based on Wn's historical analysis of weather conditions for al US markets.Results may vary by region ROUNDS k 0.3% T;:.-_ TEMP -2,5° +2.0°/,and higher PRECIP +6% • between-1.9%and+1.9% -2.0%and lower Ott Season `uveaTher?l-�nd<,—';: `'- Nag' • National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—25 Page 1273 of 1637 .. ... National Golf Rounds Played Report !,`��t+ L „a r.Liar'., un r, nf,m0*5 r:fin .,rfa:nyr,���um,, :',:1!:11! . ,u'r, .wwx rnn reuun,n Report a.mw, Page 2 of 2 ii ;:, `p. rap., atr Ii`q;` i"e'ir ••.-.':i'r'rc" a�yJ " I�iit�'t"'r"' nni:.��i`ii ', ii , 'w'`ti r iii o' iiiin�i �" L eiirlr'Qe vf.,•%iu.„ Mn,i1" ri ,xe,•,', '0 qtr ��+� C ,`,,r.r''P' ;••••iihil',„,��@, . �,uiI, ui,y,�iii,ivivIri,. ' : "1 ''►�i1 rir r7II i �Irim rI re, ••:II,. ,li��l MARCH yVD MARCH 2018 MARCH YTD PACIFIC -0.8% 15.1% SOUTH ATLANTIC -4.3% -10.5% MARCH YTD DE,DC,.MD -23.6% -36.5% CA -9.4% 13.9% UNITED STATES -3.8% -6.6% Washington/Baltimore -14,6% -27.9% Los Angeles -14.3% 7.5% PUBLIC ACCESS -3.7% -5.4% FL -0.7% -6.6% Orange County -4.2% 17.6% PRIVATE -3.9% -6.3% Jacksonville/Daytona -8.2% -11.2% Palm Springs 3.1% 6.6% Orlando 4.5% 2.7% Sacramento -17.6% 12.3% EAST NORTH CENTRAL -20.2% -28.2%. Tampa -0.9% -4.7% San Diego 0.9% 14.5% Palm Beach 5.1% 2.3% San Francisco/Oakland -12.2% 30.1% IL 10.0% -5.8% Sarasota 1.9% 6.4% HI .0.9% 0.0% Chicago 16.4% 0.5% Naples/Ft Myers 1.7% 1.0% OR 12.1% 13.7% IN -37.6% -43.9% M lami/Ft.Lauderdale 4.4% -7.2% Portland 64.7% 56.6% MI 12.3% 2.4% GA -14.0% -23.4% WA 65.4% 45.6% Detroit 27.0% 7.9% - Atlanta -11.1% -21.5% Seattle 63.7% 39.3% OH -39.2% -42.7% NC -6.7% -12.5% Cincinnati -29.2% -41.6% Greensboro/Raleigh -19.0% -29.9% • MOUNTAIN -4.5% 2.1% Cleveland -55.1% -56.7% SC • -4.5% -12.2% AZ 8.1% 7.0% WI NA NA Charleston -3.3% -8.9% Phoenix 8.4% 7.2% Hilton Head 1.9% -7.2% CO -11.9% -114% SOUTH CENTRAL 0.3% -15.2% Myrtle Beach -3.6% -7.3% Denver -15.7% -15.5% VA ' -8.7% -21.4% ID,WY,MT,UT -37.7% •18.6% AL • 9.9% -4A% WV -8.7% -23.4% NM -1.3% 5.0% AR,LA,MS 3.5% -18.9% NV -1.8% 7.3% KY -5.8% -20.7% MID ATLANTIC 0.9% -20.9% Las Vegas -1.1% 3.7% OK -3.2% -18.6% NJ -6.6% -21.8% TN -25.7% -30.7% NY 38.0% -13.4% • WEST NORTH CENTRAL -11.5% -20.2% Nashville -11.3% -27.1% New York City 62% -12.6% KS,NE -5.5% -15.3% TX 5.0% -12.4% PA -12,1% -25.7% ND,SD NA NA Dallas/Ft.Worth -7.11% -22.2% Philadelphia -10.7% 31.1%'' MN NA NA Houston 2.2% -16.6% Pittsburgh 37.6% -45.9°! Minneapolis/St Paul NA NA San Antonio 8.4% -7.6% IA,MO -0.5% -10.4% NEW ENGLAND 12.9% 0.3% St Louis -35.6% -39.0% . CT 34.6% 9.6% Kansas City 5.3% -6.5% MA.RI 5.1% -3.7% Boston NA -8.2% ME,NH,VT NA NA The percentages represent the differences in number of rounds played comparing March 2018 to March 2017. For more information contact Golf Datatech,golfroundsplayed@golfdatatech.com or call 407-944-4116 , Page 1274 of 1637 National Golf Foundation Consulting,Inc.-City of Miami Beach-Miami Beach Golf Club-26 .. • F:su x B • 1:(3(°A6. DF:\if)(.:k: lilol (:, 1)t•:1L .U. • ND SUPPLY Local Demographics and Demand 10-mile 15-mile Broward Miami- Miami Beach Gulf Course ring ring County Dade U.S. ---- -_ ----- -- .._.. -Countti -- - Summary Demographics Population 1990 Census 843,753 1,560,870 1,255,215 1,936,985 248,584,652 Population 2000 Census 883,483 1,732,334 1,622,997 2,253,397 281,399,034 C A(.iR 1990-2000 0.46% 1.05% 2.00% 1.52% 1.25% Population 2010 Census 932,433 1,837,437 1,748,066 2,496,435 308,745,538 CAGR 2000-2010 0.54% 0.50% 0.75% 1.03% 0.93% Population Estimate 2017 1,024,927 2,001,551 1,931,908 2,727,606 324,310,011 Population 2022 Projected 1,088,678 2,117,598 2,080,678 2,876,016 337,744,388 (.'AGR 2017-2022 1.21% 1.13% I.49% 1.07% 0.82% CA G1(2010-2022 1.30% 1.19% 1.46% I 0.82% Median HH Income(2017) $39,875 $44,102 $56,960 $47,705 $59,240 Median Age(2017) 40.5 40.7 $40 $40 38.1 Ethnicity White 65.7% 68.8% 59.9% 73.8% 70.4% African.American 26.1% 23.5% 29.3% 18.6% 13.3% Asian 1.6% 1.7% 3.9% 1.9% 5.7% All Other 6.6% 5.9% 6.9% 5.8% 10.6% hispanic Population Hispanic . 58.4% 60.6% 28.0% 66.8% 17.5% Not Hispanic 41.6% 39.4% 72.0% 33.2% 82.5% C'.ACiR-Compound Annual(iruwth Rate National Golf Foundatio Consultin Inc.-City of Miami Beach-Miami Beach Golf Club-27 • Page 1275nof 1637 Golf Supply 10-mile 15-mile Broward Miami Miami Beach Golf Course Dade U.S. ring ring County Conn Golf Demand Indicators Total Households 399,209 739,757 734,888 945,276 124,506,607 Number of Golfing Households 37,581 79,554 100,881 107,908 17,069,440 Projected Golfing Households(2022) 38,692 82,335 104,127 1 11,840 17,934,830 Projected Annual Growth Rate 0.60% 0.70% 0.60% 0.70% 1.00% Seasonal Golfing lfouseholds 3,830 6,190 6,691 5,137 732,421 Latent Demand/Interested Non-Golfers 159,751 283,846 285,794 348,815 40,573,960 Household Participation Rate 9.40% 10.80% 13.70% 11.40% 13.70% Number of(3olfers 54,534 118,438 144,812 169,775 23,815,640 Rounds Potential(resident golfers) 1,094,890 2,215,515 2,718,467 2,820,102 468,634,000 Estimated Course Rounds(in-market supply) 513,239 1,094,203 2,1 12,552 1,222,426 468,634,000 Dernand Indices Golfing Household Participation Rate 68 78 100 83 100 Seasonal Golfing Households 163 142 155 92 100 i Latent Demand/Interested Non-Golfers 124 113 118 102 100 Rounds Potential per Household(resident golfers) 75 82 101 81 100 National Golf FouunBdgattiii n Co inti I c.—City of Miami Beach—Miami Beach Golf Club—28 Supply-Demand 10-mile 15-mile Broward A1iami- Miami Beach Golf Course ring ring County Dade U.S. -__._____._..._._._...__., _ _ County Supply-Demand Ratios Households per 18 Holes Total 38,020 30,194 14,410 34,374 8,802 Public 49,901 41,098 20,701 45,013 12,063 Public: Daily Fee 399,209 105,680 31,272 90,026 15,541 Public:Municipal 57,030 67,251 61,241 90,026 53,911 Private 159,684 113,809 47,412 145,427 32,559 Premium(>$70) 66,535 73,976 63,903 94,528 73,913 Standard($40-S70) 399,209 105,680 34,181 99,503 28,881 Value(<$40) 399,209 739,757 293.955 630,184 28.784 Golfing Households per 18 Holes Total 3,579 3,247 1,978 3,924 1,207 Public 4,698 4,420 2,842 5,138 1,654 Public: Daily Fee 37,581 11,365 4,293 10,277 2,131 Public:Municipal 5.369 7,232 8,407 10.277 7.391 Private 15,032 12,239 6,508 16,601 4,464 Premium(>$70) i 6,264 7,955 8,772 10,791 10,133 Standard($40-S70) 37,581 11,365 4,692 11,359 3,960 Value(<$40) 37,581 79,554 40,352 71,939 3,946 Household Indices Total 424 337 161 384 100 Public 404 333 168 , 364 100 Private 489• 349 145 446 100 Pretnium(>$70) 90 100 87 128 100 Standard($40-$70) 1,396 369 120 348 100 Value(<$40) 1,295 2,400 954 2,044 100 Golfing Household Indices Total 290 263 160 317 100 Public 276 259 167 302 100 Private 334 272 145 369 100 Premium(>$70) 62 78 86 106 100 Standard($40-$70) 952 288 119 288 100 Value(<$40) 884 1,871 949 1,692 100 Rounds per 18 Holes Rounds Potential(resident golfers) 104,275 90,429 53,303 102,549 33,131 Estimated Course Rounds(in-market supply) 48.880 44,661 41,423 44,452 32,927 National Golf Fouund�ation277 ug1tinanc.-City of Miami Beach-Miami Beach Golf Club-29 APPENDIX C - REGIONAL MUNICIPAL GOLF IIENC1I 1ARK N(; 2016 Avg. 1 Number Management Total Peak Winter Peak Summer 2016 Golf Golf Fee Total 'total Facility Nei` Golf Facility Green+Cart Green+Cart Fee Facility 1 of Holes Structure Rounds , Revenue Operating Operating Played Fee Fee Revenue /Round RevenuOperatie ' Expense income Country Club of Miami 36H R S-O 40,448 $58 $45 $3,025,631 $25.36 1 $1,480,639 $2,422,522 ($941,883) Crandon Golf Key Biscayne 18H R S-0+FB 42,664 $176 $69 $2,140,980 $50.18 i $3,181,158 53,410,395 (5229,2371 Intl.Links Miami-Melreese CC 18H R S-O 31,822 1 $195 $125 $1,921,014 $60.37 , $3,519,574 S3,424,547 $95,027 Miami Beach Golf Club 18H R i MC+FB+PS 42,683 ! $225 $120 $3,542,456 $82.99 $3,908,702 S3,084,712 $823,990 ! _— , —Normandy Shores Golf Course I8H R i MC+FB+PS 31,554 $125 - S80 I. $1,673,439 $53.03 $1,868,277 j $1,973,314 ($105.037) Orangebrook Golf&Country Club 36H R i S-O+FB 59,146 $47 $280 $1,178,925 $19.93 $1,555,781 $1,961,389 k$404,85:10j Palmetto Golf Course 1811R S-O+FB 1 39,783 $50 - $47 I $947,607 $23.82 $1,619,804 $1,575,706 $44,098 Pembroke Lakes Golf Club 1811 R ` MC+FB+PS 43,613 $75 i $45 $1,837,637 r $42.13 $1,994.527 $1,848,674 $145.853 Plantation Preserve Golf Course 1811 R ' MC i 48,050 $109 $70 $2,498,892 $52.01 $3,727.293' $2,881,981 $845,312 36H R s S-0+M+FB 'r — --, Pompano Beach Golf Course +PS 76,965 fs $2,360,940 $30.68 S2,602,420 $3,650,758 ($1.041 3 38? _.__._ • Palms Course I 38,105 $45 $26 r I Pines Course i 38,860 $65 I $40 i_.._..._._....___.__ 1.Represents non-resident rate where applicable. 4 l 2.Represents revenue from municipality perspective;if concessions present,only net payment to municipality included. 3.Expenses do not include depreciation,debt service or capital items. 4.Expenses include$613,508 in City Admin and Overhead,FAA land rent of$156,378;exclude non-recurring capital charge of$455,062. R—Regulation Length Management Structure Key: S-O—Municipal self-operation:MC-Management Company Concession Key: M—Priv.Mtce.;PS—Pro Shop;Fla—Fond Beverage r. Page 1278 of 1637 National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—30 APPENDIX D Ml:V.111 BEACH GC Miami Beach Golf Course - 2017-2018 Golf Rates Regular Rates South Florida Residents Miami Beach Residents ; Shoulder Season $130 $100 $60 11/1/2017-12/15/17 Peak Season $225 $120 S80 12/16/2018-4/30/18 Summer Season $120 $80 Weekdays $45 Weekdays 5/1/2018-10/31/18 $95 Weekends $60 Weekends Miami Beach Golf Course -2017-2018 Membership Rates Resident Non-Residents Single Golf $3,500 S5,500 Husband& Wife or Domestic Partners $4,500 $7,000 Each Dependent(under 18 years of age) $450 $700 Member Cart is an additional$20,plus tax (per round) Bag storage is included with membership;Lockers are$175 per year,plus tax National Golf Foundation Consul1tin Inc.—City of Miami Beach—Miami Beach Golf Club—31 Page 1279 of 16$7 • APPENDIX E - M1 E II BEACH (X' OPERATING PERFORMANCE EXHIBITS Exhibit 1: Rounds History Miami Beach Golf Club-Rounds History FY2013 I FY2014 FY2015 FY2016 FY2017 #of % oft #of % of . #of % of #of %of #of %of Rounds total I Rounds total Rounds total Rounds total Rounds total Member 3,999 8.9% 4,082 8.7% • 4,358 10.1% 4,724 11.1% 6,003 14.7% '. Member Guests 583 1.3% 486 1.0% 593 1.4% 624 1.5% 471 1.2% Rack Rate 7,268 16.2% 7,884 - 16.7% 6,618 15.4% 5,433 12.7% 4,861 11.9% MB Residents 7,041 15.7% 7,713 ,16.3% 7,227 16.8% 8,592 20.1% 8,300 20.3% So FL Residents 2,364 5.3% 2,376 5.0% 2,130 4.9% 2,085 4.9% 1,987 4.9% Tournament 3,954 8.8% 4,090 8.7% 4,572 10.6% 4,171 9.8% 4,144 10.1% 9-Hole Member 2,005 4.5% 2,395 5.1% 2,513 5.8% 2,105 4.9% 2,108 - 5.2% Canadian Golf Pass 638 1.4% 686-- 1.5% 554 1.3% 496 1.2% 425 1.0% Promotion-High School 52 0.1% 67 0.1% 77 0.2% 125 0.3% 26 C,11% Premier Summer Member 16,979 37.8% 17,396 36.9% 14,397 33.5% 14,328 33.6% 12,599 30.8% Totals 44,883 100.0% f 47,175 100.0% 43,039 , 100.0% 42,683 100.0% 40,924 100.0% j • National Golf Foundation Consulting,Inc.-City of Miami Beach-Miami Beach Golf Club-32 Page 1280 of 1637 Exhibit 2: Operating Revenue-City Perspective Miami Beach Golf Club-Operating Revenue(FY13-FY17-City Perspective) Golf Revenue FY2013 FY2014 FY2015 FY 2016 FY 2017 Greens Fees $1,992,544 52,051,322 $2,166,576 $1,957,495 $1,776,782 Cart Fees 1,081,367 1,130,889 1,009,768 1,005,998 952,583 Membership @ 1/6 587,229 567,627 574,373 587,224 630,341 Sub-Total Golf Revenue $3,661,140 $3,749,838 $3,750,717 $3,550,717 $3,359,706 Other Revenue Range $181,204 $180,538 $163,780 $169,454 S159,425 Lessons @ 20% 70,530 88,315 65,131 107,009 143,493 Pro Shop Lease @ 5% 41,462 44,418 41,642 38,295 35,777 Miscellaneous - - - Food &Bev Lease @ 5% 44,463 47,545 47,734 51,969 50,483 Sub-Total Other Revenue $337,659 $360,816 $318,287 $366,727 $389,178 Totals $3,998,799 $4,110,654 $4,069,004 $3,917,444 $3,748,884 Exhibit 3: Operating Revenue-Facility Perspective Miami Beach Golf Club-Operating Revenue(FY13-FY17-Facility Perspective) 1 Golf Revenue FY2013 FY2014 FY2015 FY 2016 FY 2017 Greens Fees $1,992,544 $2,051,322 $2,166,576 $1,957,495 $1,776,782 Cart Fees 1,081,367 1,130,889 1,009,768 1,005,998 952,583 Membership @ 1/6 587,229 567,627 574,373 587,224 630,341 Sub-Total Golf Revenue $3,661,140 $3,749,838 $3,750,717 $3,550,717 $3,359,706 Other Revenue Range $181,204 $180,538 $163,780 $169,454 $159,425 Lessons 352,650 441,575 325,655 535,045 504,085 Pro Shop 829,240 888,360 832,840 765,900 466,960 Miscellaneous - - - - - Food&Bev 889,260 950,900 954,680 1,039,380 624,260 Total Other Revenue $2,252,354 $2,461,373 $2,276,955 $2,509,779 $1,754,730 Totals $5,913,494 $6,211,211 $6,027,672 $6,060,496 $5,114,436 National Golf Foundation Consulting,I c.-City of Miami Beach-Miami Beach Golf Club-33 Page 1281 of 163 Exhibit 4: Operating Revenue per Round-City Perspective MBGC-Operating Revenue per Round(FY13 -FY17-City Perspective) i r Oct 2017- • Golf Fee Revenue FY2013 FY2014 FY2015 FY2016 FY2017 Apri120181 Rounds 44,883 ' 47,175 43,039 42,683 40,924 26,315 Golf Fee Revenue S3,661,140 $3,749,838 $3,750,717 $3,550,717 S3,359,706 $2,432,355 Avera e rate S81.57 $79.49 $87.15 $83.19 $82.10 $92.43 Oct 2017- Other Revenue ___F_Y2013 FY2014 FY2015 FY2016 FY2017 April 2018_; Range $181,204 $180,538 $163,780 S169,454 $159,425 - $104,653 Lessons @ 20% 70,530 88,315 65,I31 107,009 143,493 92,087 Pro Shop Lease @ 5% 41,462 44,418 41,642 38,295 35,777 26,066 Miscellaneous - - Food&Bev Lease @ 5% 44,463 472545_- 47,734 51,969 50,483 34,041 Total Other Revenue $337,659 $360,816 $318,287 $366,727 $389,178 $256,847 Other Revenue per Oct 2017- Round FY2013 FY2014 FY2015 FY2016 FY2017 A•ril 2018 Rounds 44,883 47,175 43,039 42,683 42,683 40,924 26,315 Range $4.04 $3.83 $3.81 $3.97 S3.90 $3.98 Lessons @ 20% 1.57 1.87 1.51 2.51 3.51 3.50 Pro Shop Lease @ 5% 0.92 0.94 0.97 0.90 0.87 0.99 ' Miscellaneous - - - - - - i Food&Bev Lease @ 5% 0.99 1.01 1.11 1.22 1.23 1.29 Total Revenue per Round $7.52 $7.65 $7A0 $8.59 $9.51 $9.76 Total Revenue $3,998,799 $4,110,654 $4,069,004 53,917,444 $3,748,884 $2,689,202 Total Revenue per Round $89.09 $87.14 $94.54 $91.78 $91.61 5102.19 1 National Golf Foundation ti 12C82 ultin.g I c.-City of Miami Beach-Miami Beach Golf Club-34 Exhibit 5: Operating Revenue per Round- Facility Perspective 1 M13GC-Operating Revenue per Round(FY13-FY17-Facility Perspective) FY2013 FY2014 FY2015 FY 2016 FY 2017 Golf Revenue Rounds 44,883 47,175 43,039 42,683 40,924 Greens Fees 3,661,140 $3,749,838 $3,750,717 $3,550,717 $3,359,706 Average rate S81.57 $79.49 $87.15 $83.19 $82.10 Other Revenue FY2013 FY2014 FY2015 FY2016 FY2017 Range $181,204 $180,538 $163,780 $169,454 $159,425 . Lessons 352,650 441,575 325,655 535,045 504,085 Pro Shop Lease 829,240 888,360 832,840 765,900 466,960 Miscellaneous Food &Bev Lease 889,260 950,900 954,680 1,039,380 624,260 Total Other Revenue $2,252,354 $2,461,373 $2,276,955 $2,509,779 $1,754,730 Other Revenue per Round FY2013 FY2014 FY2015 FY2016 FY2017 Rounds 44,883 47,175 43,039 42,683 40,924 Range $4.04 $3.83 $3.81 $3.97 $3.90 Lessons 7.86 9.36 7.57 12.54 12.32 Pro Shop Lease 18.48 18.83 19.35 17.94 11.41 Miscellaneous - - - - - Food& Bev Lease 19.81 20.16 22.18 24.35 15.25 Total Other Rev. per Rd. $50.18 $52.18 $52.90 _-_- $58.80 $42.88 Total Revenue $5,913,494 $6,211,211 $6,027,672 $6,060,496 $5,114,436 Total Revenue per Round $131.75 $131.66 $140.05 $141.99 $124.97 • National Golf Fou ge 1283 4t1 ti37 c.-City of Miami Beach-Miami Beach Golf Club-35 Exhibit 6: Summary Performance—City Perspective Miami Beach Golf Club-Summary Performance(City Perspective)FY 2005-FY 2017 J FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 F Rounds Played 42,923 42,905 44,078 41,879 43,358 42,426 45,437 Golf Fee Revenue $3,791,830 $3,867,221 54,010,138 $3,911,610 $3,524,289 $3,405,779 $3,562,581 Golf Fee Rev. per Round $88.34 $90.13 $90.98 $93.40 $81.28 $80.28 $78.41 Total Operating Revenue $4,004,154 $4,113,632 $4,272,083 $4,222,222 $3,836,118 $3,599,142 $3,893,173 Total Rev.per Round $93.29 $95.88 $96.92 $100.82 $88.48 $84.83 S85.68 Operating Expense $3,059,585 $3,151,311 $3,284,554 $3,416,517 $3,163,173 $2,925,128 $2,993,999 Net Operating Income $944,569 $962,321 $987,529 $805,705 $672,945 $674,014 $899,174 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Average Rounds Played 42,283 44,883 47,175 43,039 42,683 40,924 43,287 Golf Fee Revenue $3,331,293 1 $3,655,556 $3,750,182 $3,742,259 $3,542,456 $3,358,697 $3,724,778 Golf Fee Rev. per Round $78.79 $81.45 $79.50 $86.95 $82.99 $82.07 $86.12 Total Operating Revenue $3,635,164 $4,001,657 $4,110,654 $4,061,494 $3,908,702 $3,747,875 $3,991,503 Total Rev.per Round $85.97 $89.16 $87.14 $94.37 $91.58 $91.58 $92.27 Operating Expense $2,881,759 $2,916,366 $3,066,991 $3,110,224 $3,084,712 $3,091,610 $3,142,038 Net Operating Income $753,405 $1,085,291 $1,043,663 $951,270 $823,990 $656,265 $849,465 National Coif Founadyati 1284 o ting 7 c.—City of Miami Beach—Miami Beach Golf Club—36 Exhibit 7: Profit Loss Yearly Comparison Miami Beach Golf Club-Profit& Loss Yearly Comparison Oct 2017- FY2013 FY2014 FY2015 FY2016 FY2017 A,ril 2018 Actual $3,998,799 $4,110,654 $4,069,004 $3,917,444 $3,748,884 S2,689,202 Budget $4,028,000 $3,956,000 $4,337,000 $4,350,000 $4,163,000 $2,641,391 Variance (S29,201) S154,654 (5267,996) ($432,556) ($414,116) $47,811 • • . National Golf Foundations Co 1285g f 1637 ity of Miami Beach—Miami Beach Golf Club—37 ' PPI',NDt 0. 1: • M. I! 431`.'6/..:11 GOLF 01.1.1N(.; F. ti At:t. A IO S Golf Outing Evaluations 2013 2014 Total Ratings Excellent Good Fair Poor ' Total Ratings Excellent Good Fair Poor Golf Course Conditions -� Tees 14 92.9% 7.1% 14 71.4% 28.6% l Fairways 14 78.6% 21.4% 14 78.6% 21.4% Traps 14 85.7% 143% 14 78.6% 21.4% Greens 14 85.7%, 7.1% 7.1% 14 85.7% 14.3% Clubhouse ) Entrance 14 71,4% 28.6% 14 78.6% 14.3% 7.1% 1'roShop 14 71.4% 28.6% 14 71.4% 28.6% • Outing Administration v Pre-Outing Communications 14 92.9% 7.1% 14 85.7% 14.3% Organization 14 92.9% 7.1% 13 92.3% 7.7% Bag Handling • 14 92.9% 7.1% 13 100.0% • Specials Events 13 92.3% 7.7% 12 91.7% 8.3% Post Event Scoring 10 90.0% 10,0% 12 100.0% ' • Staff Appearance 13 92.3% 7.7% 14 85.7% 14.3% Courteous 13 92.3% 7.7% 14 92.9% 7.l% • Elelpful 13 92.3% 7.7% 14 92.9% 7.1% Food&Beverage On Course Beverage Service 14 85.7% 14.3% 14 85.7% 14.3% Buffet 9 88.9% 11.1% 10 80.0% 20.0% Service Staff 13 92.9% 7.1% 13 92.3% 7.7% National Golf Foundation Consulting,Inc.-City of Miami Beach-Miami Beach Golf Club-38 Page 1286 of 1637 --- 2015 -- 2016 2017 1 Total Total Total `Ratings Excellent Good Fair Poor!Ratings Excellent Good Fair Poor Ratings Excellent Good Fair Poor Golf Course Conditions Tees 17 82.4% 17.6% 11 81.8% 18,2% 15 100.0% • Fairways 17 82.4% 17.6% 11 81.8% 18.2% I 15 93,3% 6.7% 1 i Traps • 18 72.2% 27.8% 11 81.8% 18.2% 1 15 93.3% 6.7% I i Greens 17 82.4% 17.6% I 11 81.8% 18.2% 15 86.7% 13.3% I j Clubhouse Entrance 17 70.6% 12 75.0% 16.7% 8.3% 15 93.3% 6.7% Pro Shop 17 82.3% 11.8% 5.9% 12 75.0% 16.7% 8.3% 14 100.0% Outing Administration ! Pre-Outing Communications 17 73.5% 23.5% 12 83.3% 8.3% • 8.3%, 14 100.0% Organization 17 88,2% 11.8% ' 12 83.3% 16,7% I 14 100.0% Bag Handling 16 81.2% 18.8% 12 83.3% 16.7% 15 100.0% Specials Events 14 78.6% 21.4% 11 81.8% 18.2% i 12 100.0% Post Event Scoring 14 92.9% 7.1% 11 90.9% 9.1% j 13 100.0% Staff Appearance 17 94.1% 5.9% 11 90.9% 9.1% 15 100.0% Courteous 17 94.1% 5.9% 12 100.0% 1 15 100.0% Helpful 17 94.1% 5.9% 11 90.9% 9.1% ; 15 100.0% 1 Food&Beverage On Course Beverage Service 15 80.0% 13.3% 6.7% 12 83.3% 163% 13 84.6% 15.4% Buffet 9 88.9% 11.1% 8 75.0% 25.0% 9 100.0% Service Staff 16 81.2% 6.3% 12.5% 10 80.0% 20.0% 13 100.0% --..._....._....__...- National Golf Foundation Consulting,Inc. -•Miami of Miami Beach Miami Beach Golf Club-39 Page 1287 f 1637 ATTACHMENT B SOLICITATION (RFP) AND ADDENDUMS l , • MI M1 BEACH City of Mlaml Beach,1755 Meridian Avenue,3`d Floor, Miami Beach,Florida 33139,www.miamlbeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 5 RFP 2018-186-WG GOLF COURSE OPERATION AND MANAGEMENT July 20,2018 This Addendum to the above-referenced RFP•is issued in response fo questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. REVISION 1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 P.M., on Friday,August 3, 2018, at the following location. City of Miami Beach Procurement Department ' 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. ATTACHMENTS EXHIBIT A MEMBERSHIP CATEGORIES EXHIBIT B PAYROLL INFORMATION EXHIBIT C JOB DESCRIPTION PURCHASING ASSISTANT EXHIBIT D EXISTING EQUIPMENT/SERVICE CONTRACTS EXHIBIT E.EXISTING MANAGEMENT AGREEMENTS EXHIBIT F REVISED FINANCIALS III. ANSWERS TO QUESTIONS RECEIVED Q1) Can the City provide the Pro Shop inventory levels for each golf course? Al) Pro Shop inventory levels vary seasonally by golf course as follows: • Miami Beach Golf Club from$170,000 to$120,000 • Normandy Shores Golf Club from $70,000 to$45,000 Q2) Can the'City provide the total rounds of golf at each golf course for last year and Year To Date (YTD)? A2) The total rounds of golf at each golf course for last year and YTD are as follows: • Fiscal Year 2017 Miami Beach Golf Club: 42,683 Normandy Shores Golf Club: 30,883 • October 2017-May 2018 Miami Beach Golf Club: 30,100 i Normandy Shores Golf Club: 26,036 • Q3) Can the City list/describe the membership categories and the total number of members per category at each golf course? A3) Please refer to Exhibit A attached. • Q4) Can the City provide the payroll roster and pay scale for each golf course? A4) Please refer to Exhibit B attached. Q5) Can the City provide the Administrative fees at each golf course? A5) The administrative fee at each golf course is presently$125,000.00 annually. Q6) Pursuant to Financials provided, can the City define the contracted services for repairs & maintenance at each golf course? A6) The City has provided Revised Financials attached as Exhibit F. The contracted services for repairs and maintenance at each golf course are as follows: • • Professional maintenance and treatment of lakes • Tree pruning . • Equipment repairs (golf cart and mechanical equipment outside of warranty) • Service Maintenance for Toro Irrigation Computer System Q7) Pursuant to Financials provided, can the City provide the operating expenditures? A7) The City has provided Revised Financials attached as. Exhibit F. Operating expenditures for the golf courses include the following: • • Cleaning supplies• • Locker Room Supplies • Driving Rage Supplies • Fertilizers • Chemicals • General Golf Course Supplies • Sand, soil, sod • Supplies for Clubhouse • Janitorial Supplies • Landscaping for Clubhouse and Common Areas Q8) Pursuant to Financials provided, can the City describe any other contractual services provided at each golf course? A8) The City has provided Revised Financials attached as Exhibit F. For a description of other contractual services please refer to Exhibit D, attached. Q9) What' software is used at each golf course for the point of sale, tee sheet, and accounting? A9) The software used for point of sale and tee-sheet services is Golf -Now Reservations (formerly Fore! Reservations), and Quickbooks for accounting. • • Q10) Is it required that the current software be used? If so, does it interface with other software, systems (i.e., Jonas)? A10) The software to be used may be negotiated with the successful bidder. The City isl considering the use GolfTrac (Vermont Systems), which will integrate with other Parks and Recreation Software and the City's Financial System: Munis. 2 • Q11) What is the City's fiscal year? All) The City's fiscal year is October 1st=September 30th. Q12) Are Pro Shop and F&B leased and only commission is paid to the City, or does the City collect an actual rent amount per month? • Al2) Currently, the Pro Shop and F&B are leased to the same vendor that manages the golf courses, and the City also collects 5%of the monthly gross from the ProShop and Food & Beverage. Q13) It appears that F&B labor is outsourced, but Pro Shop labor is a City expense. Is this correct? A13) The Pro Shop Assistants are paid out of Professional Services (City funds) and they are golf operations employees who answer phones, ring up golfers, assist with tournament operations, etc. The Merchandising Assistant salary is outsourced (not paid by the City) which takes care of the concession portion of the Pro Shop. The management company pays the City$2,400 per month towards the work that the Pro Shop Assistants do which covers the time they spend signing up a golfer for play or sell merchandise. Q14) Who owns the Pro Shop merchandise? A14) The City owns only the logoed merchandise (as it will be purchased from the management company at-the end of their agreement). Q15) What benefits does the City provide to the employees at both golf courses? A15) The City does not provide the golf course employees with benefits. Employee benefits are the responsibility of the management company. Q16) Is the beverage cart included in the F&B lease? A16) Yes. The beverage cart is included in the F&B lease. Q17) What percentage of revenue from golf lessons is retained by each.golf course? A17) The City retains 20%of therevenue from golf lessons. • Q18) Does the City self-insure, or will the management company handle insurance for the City A18) The management company shall provide insurance with the minimum coverage required by the City. " Q19) Page 12, item 2.2 of the RFP states that.,a resume of each individual, including education, experience and any other•pertinent information, shall be included for each Proposal team member to be assigned to this contract." Does the City require.an actual resume or will a blo with work experience be sufficient? A19) Resumes shall be provided. . Q20) Are Workers Compensation charges included in the Professional Services expenses previously provided in the budget information? A20) Workers Compensation charges are included in Professional Services expenses for employees listed in the payroll reports submitted. Workers compensation charges for all other employees are paid by the management company. • . • 3 9 Q21) What is the source of the water used for irrigation for each golf course? A21) The water source for irrigation at each golf course is as follows: • Miami Beach Golf,Club: potable. • Normandy Shores Golf Club: potable and a small component of surface lake water. • Q22)• If a well is used in conjunction with potable, who holds the permit with South Florida Water Management District? A22) The City of Miami Beach is the SFWMD permit holder. Q23) Does Normandy Shores or Miami Beach Golf Club have Family Tees? A23) Only Normandy Shores Golf Club has Family Tees. Q24) Is there on-site Team Member(s) that are solely responsible for selling the Clubs (i.e., tournaments, events, etc.) or is the Membership Director the only "sales person"for both clubs? If so, what is her/his title? A24) The Director of Sales and Marketing, assisted by Director,ofGolf oversee the tournaments. The Food and Beverage Manager oversees the catering. It is a shared responsibility. Q25) What is the Purchasing Assistant's responsibilities? A25) Please refer to Exhibit C attached for Purchasing Assistant's responsibilities. Q26) Per Section 2.1 of the RFP, Proposers are required to submit the "agency name" and "agency contact" for each project the Proposer submits as evidence of similar experience. Does the City want the client's name and contact information per managed facilities, or the name/contact info for.each General Manager? A26) The contact that can best provide the City with information regarding 'the proposers past experience is required. Q27) Why does the driving range close at 8:00pm? A27) The hours approved by the City by golf course are as follows: • Miami Beach Golf Club closes at 8pm (There is lighting) • Normandy Shores Golf Club closes at 7pm or Dusk Q28) Who is incharge of clubhouse landscaping at both Clubs? A28) The management company is responsible for landscaping. However, City funds are used. Q29) Who is the equipment provider for the Clubs? If it is solely John Deere, why was this vendor selected? A29) The City has several equipment providers. Please refer to Exhibit D attached for the vendor information, award process and expiration dates. Q30 Pursuant to the Financials provided, can the City define.the items covered under rent for building(s)& equipment at each golf course? A30 ' MIAMI BEACH GOLF CLUB • Golf Course Turf Maintenance Equipment with John Deer(Shown in Exhibit D attached) • Golf Cart Lease(Shown in Exhibit D attached) NORMANDY SHORES GOLF CLUB • Golf Cart Lease (Shown in Exhibit Dattached) 4 • Golf Course Turf Maintenance Equipment with John Deer (Shown in Exhibit.D attached) Q31) The 2015 financial totals do not add up. Can you please clarify the discrepancy? A31) Please refer to Exhibit F attached,entitled Revised Financials. Q32) To clarify, are the employees at the Clubs currently City employees or employees of the . management firm? A32) The current employees at the Clubs are employees of the management firm. Q33) What are the current tease amounts for the equipment at each Club? A33) Please refer to Exhibit F attached,entitled Revised Financials. • Q34) What is the total amount that the City spends on maintenance at each Club on an annual basis? A34) Please refer to Exhibit F attached,entitled Revised Financials. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaeiGranado(a�miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso©miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. �'.fi' rely, AI:x De ' Prtc --ment Director 5 i EXHIBIT A MEMBERSHIP CATEGORIES AND NUMBER OF MEMBERS PER CATEGORY If{ ."mow`_ .4 .. .s! �f fa p=IVII ✓ �i''`' `r MIIGC NSGC MIB Res. Single 2 20 MB Res. Single w/ dependent 3 0 MB Res. Singlew/. _dependents 0 MIB Res Family 84 4 MB Res. Family w 1 dependent , 0 MB Res. Family w/2 dependents 2 0 Non Res. Single Non ResSingle ill dep.. 0 Non Res Family Wait List 55 0 THE MIAMI BEACH GOLF CLUB -17 I3EC®ME A MEMI3E1? z a P...ck. ANNUAL MEMBERSHIPS Golf CLk NOW AVAILABLE J.; The Premier Colf Deatiaatioa. is the Heart of Historic MiamiBeach. BENEFITS OF MEMBERSHIP ® 10 DAY ADVANCE TEE TIME la MEMBERSHIP PRIVILEGES AT NORMANDY SHORES GOLF CLUB PREFERRED CART FEE OF$20.00 FOR 18 HOLES, 9 HOLE CART RATE OF$12.00 EXCLUSIVELY FOR MEMBERS PREFERRED GUEST RATES Guests of Members will receive the following rates: November 1,2017 - December 15,2017 $80.00 Everyday December 16, 2017-April 30,2018 $105.00 Everyday May 1, 2018 - October 31,2018 $'70.00 Weekdays ti $85.00 Weekends. ▪ PREFERRED TEE TIMES AVAILABILITY ON SATURDAY AND SUNDAY BETWEEN 7:00 am AND 9:00 am. COMPLIMENTARY HANDICAP SERVICE ® COMPLIMENTARY BAG STORAGE E COMPLIMENTARY PRACTICE BALLS WITH EVERY 18 HOLES OF GOLF. IF YOU { CHOOSE NOT TO HIT THE BALLS WHEN YOU PLAY,ONLY MEMBERS MAY (w REDEEM THE BALLS UP TO 2 WEEKS. { 71 COMPLIMENTARY USE OF 4 PREMIER CARDS TO PLAY OVER 14 OTHER PRESTIGIOUS GOLF COURSES DURING THE SUMMER AND RECEIVE FREE GREENS y. FEES. in ALLOWS PARTICIPATION IN ALL CLUB TOURNAMENTS AND EVENTS. l EXCLUSIVE USE OF BACK CHIPPING AREA AND SAND TRAP. RAINCHECKS AVAILABLE FOR MEMBERS ONLY. `$ IF LOCKER AVAILABILITY 4.0 TO LEARN MORE ABOUT BECOMING A MEMBER OF THE MIAMI BEACH GOLF CLUB VISIT OUR MEMBERSHIP OFFICE OR ASK ANY MEMBER OF OUR PROFESSIONAL STAFF 1 f I i } CALL(305)604-4067 FOR ADDITIONAL MEMBERSHIP INFORMATION �� Eal f > 1� 1 -Dead ,C.:To CIIIk Th• Premier (:n,(Destination in the !i'art of ti orir Miami lieach. 1 I 2.017-2018 Resident Annual Membership Rates SINGLE GOLF $3,500 HUSBAND & WIFE or DOMESTIC PARTNERS 4,500 EACH DEPENDENT(UNDER 18 YEARS OF AGE) 450 • Miami Beach Residents must present a valid Florida Driver's License or show proof of ownership of a Miami Beach or business to receive the resident rate. ALL PRICES ARE SUBJECT TO AN ADDITIONAL 7% SALES.TAX MEMBER CART $20.00-plus tax MEMBER ONLY 9 HOLE RATE $12.00 plus tax ' BAG STORAGE:— li Com menta pry LOCKERS $175.00.per year plus tax Membership includes.10 day advance tee time,GPS System and complimentary range balls to be used on the day of play. Membership valid,—Oct. 1,2017- September 30,2018 MEMBERSHIPS ARE NOT REFUNDABLE OR TRANSFERABLE ALL PRICES ARE SUBJECT TO ADDITIONAL APPLICABLE SALES TAX Membership is capped at 200 For more information on membership-email ieffhimiamibeachaolfclub.com •?101 Alton Road, Miami Beach, FL 3.1/40 (.,05) 53 2.3 50 [blain (305) 53'.2340 Fax • www mian:ibeachgolfclnh. .om 3(,),,4,..),=,y PGI.Prr dd:.nt.Jnir:n.(.a('en:ina { I C!Y ?• ;t Ft i F • ti xszzz�.� Pea c x(101, the Punier G9l3'U•stinntwn in tha. ffuurs n(Historic ,4Jiami Beach, 2017-2018 Non Resident Annual Membership Rates • SINGLE GOLF $5;500 HUSBAND & WIFE or DOMESTIC PARTNERS 7,000 EACH DEPENDENT (UNDER 18 YEARS OF AGE) 700 ALL PRICES ARE SUBJECT TO AN ADDITIONAL 7% SALES TAX MEMBER CART ' $20.00 plus tax MEMBER ONLY 9 HOLE RATE $12.00 plus tax Membership includes 10 day advance,tee time,and complimentary range balls to be used on the day of play. BAG STORAGE—Complimentary LOCKERS $175.00 per year plus tax • Membership valid.—Oct. 1,2017- September 30,2018 MEMBERSHIPS ARE NOT'REFUNDABLE OR TRANSFERABLE ALL PRICES ARE SUBJECT TO ADDITIONAL APPLICABLE SALES TAX Membership is capped at 200. • For more information on membership—email•ieffhr;iniamibeachgolfclub.com Ii 1 - 23r)t •Iitnv .4,Jtatt, Miami Beach, FG 3319.0 (305) 532.3350 Main . (305) 532.3890 Fax • itIwa.miaruibcachgoIfclub.ccnn .4tand5ed w PC'.tt.er!sutent.J,h.n.faPeazinz • Pertc:11 Go11 I 13.') • The Gail hesti ii thfloors of historic Miami Beach. 2017-2018 GOLF RATES Regular So. Florida Miami Beach Rates Residents Residents 4 SHOULDER SEASON $ 130.00 $ 100.00 * $60.00 11/1/17 TO 12/15/17 4 1 PEAK SEASON $225.00 S 120.00 * $80.00 12/16/17 TO 4/30/18 SUMMER SEASON S120.00 S80 WEEKDAYS *$45 WEEKDAYS • 5/1/18 TO 10/31/18 $95 WEEKENDS *$60 WEEKENDS • RANGE BALLS —Large Bucket $12.00 Small Bucket $8.00 • *PROOF OF RESIDENCY REQUIRED 230.1 .4 ItOn Road, Miami Reach, FL 33140 (305; 532.3350 Main (3051 532.3840 Fax • www_miamibeachgoliclub.com Mciaocc,1 KM Johnny lisPrinico 1 t { .0 I �.. NORMANDY SHORES GOLF CLUB MMMIa&Aei+ 4i EIEC®MF.A MFMI3FIP: � a BENEFITS OF MEMBERSHIP o �ql ® 10 DAY ADVANCE TEE TIME ® PREFERRED CART FEE OF$20.00 FOR 18 HOLES 9 HOLE CART RATE OF$12.00 EXCLUSIVELY FOR MEMBERS ® PREFERRED GUEST RATES Guests of Members will receive the following rates: November 1,2017 - December 15,2017 $50.00 Everyday December 16,2017 _April 30,2018 $60.00 Everyday May 1,2018 - October 31,2018 $40.00 Weekdays $50.00 Weekends ® PREFERRED TEE TIMES AVAILABILITY ON SATURDAY AND SUNDAY BETWEEN 7:00 am AND 9:00 am. COMPLIMENTARY HANDICAP SERVICE COMPLIMENTARY BAG STORAGE ® COMPLIMENTARY PRACTICE BALLS WITH EVERY 18 HOLES OF GOLF. ® COMPLIMENTARY USE OF 4 PREMIER CARDS TO PLAY OVER 14 OTHER PRESTIGIOUS GOLF COURSES DURING THE SUMMER AND RECEIVE FREE GREENS FEES: K ALLOWS PARTICIPATION IN ALL CLUB TOURNAMENTS AND EVENTS. ® RAINCHECKS AVAILABLE FOR MEMBERS ONLY. ▪ LOCKER AVAILABILITY TO LEARN MORE ABOUT BECOMING A MEMBER OF THE NORMANDY SHORES GOLF CLUB VISIT OUR MEMBERSHIP OFFICE OR ASK ANY MEMBER OF OUR PROFESSIONAL STAFF 1 CALL(305)604-4067 FOR ADDITIONAL MEMBERSHIP INFORMATION EST 10.11 NORMANDY SHORES GOLF CLUB MIAMI BEACH 2017-2018 ° Normandy Shores Golf Club Resident Annual Membership Rates SINGLE GOLF $2,000 HUSBAND & WIFE or DOMESTIC PARTNERS 3,000 SENIOR—70 OR OVER—MONDAY THRU FRIDAY—SINGLE 1,600 EACH DEPENDENT(UNDER 18 YEARS OF AGE) 400 JUNIOR—AFTER 2PM-WALKING ONLY 700 JUNIOR—SUMMER—After 2:00pm—Walking only(6/1-9130) 150 • Dependent and Junior golfers walk for free after 12:00 noon ALL PRICES ARE SUBJECT TO AN ADDITIONAL 7% SALES TAX MEMBER CART $20.00 plus tax MEMBER ONLY 9 HOLE RATE $12.00 plus tax { SENIOR MEMBER CART S15.00 plus tax MEMBER ONLY 9 HOLE CART RATE $12.00 plus tax BAG STORAGE—Complimentary LOCKERS $175.00 per year plus tax Membership includes 10 day advance tee time,and complimentary range balls to be used on the day of play. Junior play is subject to availability.Juniors must have completed the Normandy Shores Junior Golf Program or can satisfactorily demonstrate to the clubs Director of Golf that he or she possesses the competencies,knowledge,skills and is "on course" ready to play on the 18 hole course Membership valid—Oct. 1,2017 -September 30,2018 MEMBERSHIPS ARE NOT REFUNDABLE OR TRANSFERABLE ALL PRICES ARE SUBJECT TO ADDITIONAL APPLICABLE SALES TAX For more information on membership—email jeffh(miamibeachgolfclub.com NORMANDY SHORES GOLF CLUB MIAMI BEACH } d . 2017-2018 Normandy Shores Golf Club Non Resident Annual Membership Rates SINGLE GOLF $3,000 HUSBAND & WIFE or DOMESTIC PARTNERS 4,500 EACH DEPENDENT (UNDER 18 YEARS OF AGE) 600 JUNIOR 1,000 ALL PRICES ARE SUBJECT TO AN ADDITIONAL 7% SALES TAX MEMBER CART 520.00 plus tax MEMBER ONLY 9 HOLE RATE $12.00 plus tax Membership includes 10 day advance tee time,and complimentary range balls to be used on the day of play. BAG STORAGE—Complimentary LOCKERS $175.00 per year plus tax Membership valid—Oct. 1,-2017 -September 30,2018 MEMBERSHIPS ARE NOT REFUNDABLE OR TRANSFERABLE ALL PRICES ARE SUBJECT TO ADDITIONAL APPLICABLE SALES TAX For more information on membership—email ieffhna.miamibeachgolfclub.com ' 1 JJ 7 i 1 EST oil NORMANDY SHORES GOLF CLUB MIAMI BEACH 2017-2018 GOLF RATES Regular So. Florida Miami Beach Rates Residents Residents SHOULDER SEASON $ 95.00 $ 65.00 * $50.00 11/1/17 TO 12/15/17 PEAK SEASON $125.00 $ 75.00 * $60.00 12/16/17 TO 4/30/18 SUMMER SEASON $ 80.00 - $50 WEEKDAYS * $40 WEEKDAYS 5/1/18 TO 10/31/18 $65 WEEKENDS *$50 WEEKENDS JUNIOR DAILY FEE—Miami Beach Resident Only $5 walking AFTER 2:00PM-Subject to availability SENIOR RATE—Miami Beach Resident Only 70 OR OVER—Monday thru Friday Only Shoulder Season ** $40.00 Peak Season ** $48.00 Summer Season ** $32.00 Range Balls—Large Bucket $10.00 Small Bucket $6.00 • * PROOF OF RESIDENCY REQUIRED • ** PROOF OF RESIDENCY AND AGE REQUIRED EXHIBIT B PAYROLL INFORMATION • 6 • • • • • r _ - - -- --- - !retates_a ca., s nem I_jure. s_Los,- s awes s_Lecces s sr. ..s..,,,e ars i mote I .camel s se., [w m ..n ease r _,., n. ,,.1 m iw is k. 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I 11 1 ; II11 1 ! l L. 1 I I.I 11 111. 1 11 1 -1 1 1 I e1 '°I I 4� 1 1 i i I �e § e EeaLEIe es. aI e i I ' f I 1 IZi,61 L' 21 yeta E1_ a s § .I 21 (Ei ei I Ll e q :1 -1 :11:1 - - °11 II-' �L B1 _i— :-I el. e i . . . ) . 1I_", 7 ='el • ° E� e e I a a a e:—sli e a ale el r i I I 1 1 la' II 11 I III! 1 B' iL 11 °I BI 11 Bl 1L 1 l a aI 9I all & eI 9 4 �e_1 11y ai i e) "._1 el i el 1 E Y .l Ci a e1 e e 31 s1 e;e a I it .1 •1 El• .1 a '1 •1 I el"`el e e cI E 1-1L1 11° y5cY :I ;I E; £' : I aill i l r 1 5 51 1 I t a El • _ , l I �1` E� E esY iL6 Ei it elel_ e 1° sBe •eejE ,est 1 8 !:1_i �£I el 7 e!B)el 41= •e,• al£I el t ',Ie. : el -1 I.' .1 •I-1- _'i_ .1 lel.1-1 1 •�IEI-IE! el �l :1 e e e}_j EBI L4 el -1-1" 1-14-H..1.1,1; 1_l l I� I el j g I 1 E;a 01 ee ( E pI El Lel F _ e I I �6 i 6 S I�. E I G-.I�"Q. .I rl 50.1 e 6 6 cl1 .1'1'I T 1 1 ':k 1- .1.1 • 1=L€:.t__"y.!°�-�: :!_11`1 E :Lis_.-I o, EXHIBIT C JOB DESCRIPTION PURCHASING ASSISTANT • • • Ii 7 Position Purchasing Assistant II. Essential Functions Assists Dept. Managers in the procurement of equipment, supplies, materials and other items needed for the effective operation of the clubs. Insures the purchasing function strictly adheres to City of Miami Beach procurement rules, regulations and ordinances. III. Job Tasks 1. Processes purchase requisitions from authorized personnel. 2. Assists in the selection and evaluation of suppliers. 3. Establishes purchasing authority for all purchases. 4. Inputs requisitions into City's system. 5. 'Maintains current files of suppliers, price sheets, etc. 6. Insures that City's current ordinances and regulations affecting purchasing tasks are strictly and consistently followed. 7. Monitors purchase orders,packing slips and receiving reports to assure that deliveries are correct and complete. 8. Helps expedite purchase and delivery of needed products 9. Interacts with vendor personnel regarding shortages, price changes and related matters 10. Maintains accurate F.F. & E. inventory records. 11. Acts as liaison between suppliers and all club departments. 12. Acts as liaison between the Clubs and CMB Procurement Dept. 13. Works with suppliers to solve operating problems 14. Helps distribute bids,process quotations. 15.Assists Controller with reconciliation of daily audits. 16. Assists with clerical duties,copying filing, etc. IV. Reports to Controller V. Supervises No supervisory duties are included in this position EXHIBIT D EXISTING EQUIPMENT/SERVICE CONTRACTS •J ' 8 1 • Vendor Expiration Date How was it Procured? Miami Beach Golf Club Textron EZ-Go Golf Cart Lease 12/15/2018 Bid Textron EZ-Go Golf Course equipment 6/21/2019 Bid John Deere Gof Course Equipment 9/1/2021 Bid Cintas Uniform Service 9/30/2018 3 Quotes Alsco Mat service 1/18/2021 3 Quotes Toro Irrigation Computer Service 9/30/2019 Sole Source Solitude Lake Management Lake Treatment Service 9/30/2018 3 Quotes Normandy Shores Golf Club Textron EZ-go Golf Cart Lease 12/15/2018 Bid Textron EZ-go Golf Course equipment 6/21/2019 Bid John Deere Gof Course Equipment 9/1/2021 Bid Cintas Uniform Service 9/30/2018 3 Quotes Alsco Mat service 1/18/2021 3 Quotes Toro Irrigation Computer Service 9/30/2019 Sole Source Solitude Lake Management Lake Treatment Service 9/30/2018 3 Quotes EXHIBIT E CURRENT MANAGEMENT AGREEMENTS • • 9 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND PROFESSIONAL COURSE MANAGEMENT II, LTD. FOR OPERATION AND MANAGEMENT OF THE MIAMI BEACH GOLF CLUB (INCLUDING THE PAR 3 GOLF COURSE)AND THE NORMANDY SHORES GOLF CLUB THIS AGREEMENT made and entered into as of this sg0 day of DC{her. 2013 (Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation having its address at 1700 Convention Center Drive, Miami Beach, Florida (hereinafter "City"), and PROFESSIONAL COURSE MANAGEMENT II, i LTD., a Florida limited partnership having its principal address, at 10500 Taft Street Pembroke Pines, Florida 33026 (hereinafter"Manager"). WHEREAS, the City is responsible for the operation of its golf courses for the use and benefit of the public; and ff • I WHEREAS, the City desires to continue providing professional golf services for the convenience and enjoyment of the public; and WHEREAS, the City desires a professional manager capable of assuming the complete operation of the Miami Beach Golf Club (including the Par 3 Golf Courses) and the Normandy Shores Golf Club, including all related facilities thereto; and• ' • WHEREAS, on September 10, 2003, the Mayor and City Commission authorized the execution of a management agreement with Manager for the Miami Beach Golf Club, with a term of three (3) years, effective October 1, 2003, and expiring on •September 30, 2006, with two (2) one year renewal terms; and WHEREAS, on September 5, 2007, the Mayor and City Commission agreed to waive the competitive bidding process, finding such waiver to be in the best interest of the City, and approved a new management agreement with Manager which commenced on October 1, 2007, and expired on September 30, 2012; and WHEREAS, at its July 10, 2012 meeting, the Finance and Citywide Projects Committee discussed the management of the City's golf courses with themembers' discussion focusing on the success that Manager has had in operating the golf courses since the initiation of the first full-service management agreement' was implemented in 2003; and WHEREAS, at the conclusion 'of the discussion the Committee recommended that Manager's Agreement be extended on a month-to-month basis; that the Administration meet with Manager to negotiate terms of a new agreement; that City staff provide more detailed information on the cost of other golf course management companies and how the golf courses are maintained: and that the results of the negotiations and staffs report both be brought back to the Committee for further direction; and J i WHEREAS, on April 17, 2013, the City Commission adopted Resolution No, 2013-28186, accepting the recommendation of the Finance and Citywide Projects Committee (made at its December 20, 2012 meeting) to waive the competitive bidding. process for a new management agreement for the management and operation of the City's golf courses, finding such waiver to be in the best interest of the City, and authorized the City Manager to finalize and execute a new management agreement with Manager (under-the negotiated terms as presented, discussed and approved by the Committee at its December 20, 2012 meeting); and WHEREAS, accordingly, the City and Manager have negotiated the following agreement. NOW,THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: The City hereby grants to Manager, and Manager hereby accepts.from the City, the exclusive right to operate and manage the Miami Beach Golf Club (including the Par 3 Golf Course) and the Normandy Shores Golf Club (hereinafter, referred to collectively as the"Golf Courses,"the "Premises", and/or the"Golf Courses and Related Facilities"), in conformance with the purposes and for the period stated herein, and subject to all the terms and conditions herein contained, ARTICLE 1 i DEFINITIONS • i As used herein, the following words and phrases shall have the meanings set forth below: 1.01 Director: { "Director" means the City's Parks and Recreation Director, and any of his authorized representatives, 1.02 Business Year: Business Year means the City's fiscal year, commencing October 1 and . I ending September 30. �. 1.03 Golf Courses/Premises and/or Golf Courses and Related Facilities: "Golf Courses," "Premises," and/or "Golf Courses and Related Facilities". means any area where Manager's activities are carried out with regard to this Agreement. This shall include, but not be limited to, buildings, non-building improvements, landscaping and equipment on the property designated as the Miami Beach Golf Club (including the Par 3 Golf Course) and/ or the Normandy Shores Golf Club, as generally depicted on the site maps which are part of Exhibit "A," attached hereto. Should Manager and City disagree regarding whether a particular site and/or item shall be considered part of the Golf Courses, Premises, and/or Golf Courses and Related Facilities, the Director's decision shall prevail. 2 1.04 Auditor: Member(s) of accounting staff or professionally qualified consultant employed by the City to conduct an audit. 1.05 Operating Expenses Operating Expenses are all costs and expenses necessary to the operation of the Golf Courses and Related Facilities in the ordinary course of business as approved by City in City's annual budget including, without limitation, the cost and fees of the Auditor; insurance; utilities; any Management Fee as provided in Article 11; and other costs set forth in the Operating Budget, Operating Expenses shall be determined in accordance with generally accepted accounting principles consistently applied. 1,06 Operating Revenues: "Operating Revenues" means any and all gross revenues of every kind or return, whether made or provided upon the basis of cash payments or on credit (whether collected or not), derived from sales and services made or provided for the City in connection with Manager's operating, maintaining and promoting the Golf Courses and Related Facilities including, without limitation, the five percent .(5%), of gross revenues for food and beverage and pro shop sales, to be paid pursuant to the Concession Agreements between City and Manager, (as Concessionaire) attached and incorporated as Exhibits "C-1" and "C-2" hereto; provided, however, there shall be excluded or deducted, as the case may be, from gross revenues the following: A. All sales taxes, and retailers' excise taxes, paid or collected by or payable by Manager, but only if such taxes are added to the selling price and separately stated from to the selling price of merchandise or services, and collected from,customers. B. All bona fide credits or refunds made by Manager to customers in regard to merchandise sold or services provided by Manager, C. All sums or credits received in settlement of claims for loss or damage to merchandise and assets. 1.07 Operating Surplus: Operating Revenues less operating expenses and cost of goods sold and management fees, as set forth in the Operating Budget, and other authorized expenditures other than the Manager's expenses. 1,08 Operations: The business and commercial operations and affairs in the ordinary courses of business of the Golf Courses and Related Facilities. f 3 1.09 Operating Budget: Operating Budget is a schedule of all anticipated revenues and all estimated expenses for operations at the Miami Beach Golf Club (including the Par 3 Golf Course) and the Normandy Shores Golf Club for each City fiscal year period, beginning October 1 and ending September 30, as developed by Manager and approved by City. 1.10 Facility Capital Improvement: Any construction project which extends the useful life and/or increases the capacity of the Golf Courses and Related Facilities. For purposes of this Agreement, weeding and replacement or renovation of sod or grass shall not be considered_ a capital improvement. 1.11 Term Clarification: In the event of any conflict in the definition or interpretation of any word, responsibility, service or schedule between this Agreement and the exhibits attached hereto, said conflict or inconsistency shall be resolved by giving precedence' in the following order: first to the Agreement, then to the exhibits to the Agreement. ARTICLE 2 Miami Beach Golf Club (including the Par 3 Golf Course) and the Normandy Shores Golf Club/Premises • 2.01 Golf Courses Ownership and Name The Golf Courses consists of lands owned in fee by City. The name of the Golf Courses shall remain the same unless changed by City. 2.02 Use of Golf Courses The Premises, as shown on the site maps which are attached as Exhibits "A-1" and "A-2 shall be used only and exclusively for golf course operations and for such other, related purposes for which express approval is granted by the Director, and for no other purpose whatsoever. 2.03 Manager's Acceptance of Physical Condition The Manager herein accepts the Golf Courses and Related Facilities at the Miami Beach Golf Club (including the Par 3 Golf Course), in their "AS IS" physical condition as of the date of execution of this Agreement by the parties hereto (which shall be the Effective Date on page 1 hereof), and agrees to make no demand upon City for any improvements or alterations thereof. When the remainder of the proposed golf course renovations, including without limitation, the Par 3 Golf Course; and the respective ,restrooms, and other park related features not under the Manager's responsibility (tot-lot, splash pad, tennis courts etc.), are completed, the Manager herein agrees that it shall accept the Par 3 Golf Course, along with its golf course related - l 4 amenities in their "AS IS" condition, and agrees to make no demand upon City for any improvements or alteration thereof. 2.04 Approval Required for Alterations Any improvements, additions, alterations or changes. to the Golf Courses and Related Facilities shall be subject to prior written approval by the Director, securing of applicable permits, and compliance with such terms and conditions as may be imposed thereon by City. 2.05 No Property Interest of Manager Manager hereby acknowledges the title of City in and to the Golf Courses and Related Facilities, and covenants and agrees never to assail, contest or resist said title, nor to assert with respect thereto any property interest of Manager. 2,06 Ownership of Improvements Ownership of all existing structures, and of all structures, buildings and/or improvements constructed by City or by Manager upon the Golf Courses, and all alterations, additions or betterments thereto, shall immediately vest and be vested in City at all times during and after the term hereof, City shall retain at all times the right to possession of such structures, buildings and/or improvements. ARTICLE 3 Scope of Services 3.01 Subject to the terms of this Agreement, Manager shall have the exclusive right, license, privilege, and duty to operate, manage, maintain, and promote the Golf Courses and Related Facilities in a manner consistent with the City's policies and procedures and the operations of other similar first-class facilities. The scope of services required of the Manager under the terms of this Agreement shall include but not be limited to: 3.01.1 Overall Golf Courses' management in accordance with City golf policy. a: Pro shop operations (as shall be provided pursuant to the Concession Agreements in Exhibits "C-1" and ",C-2") b. Starter services c. Tee-time reservations d. Marshaling Services • e. Cart rentals and operations j f. Driving range operations g. Food and beverage service (as shall be provided pursuant to the Concession Agreement in Exhibit"C") h. Grounds/buildings and equipment maintenance to City's , specifications and manufacturers' specifications i, Clubhousemaintenance and operation. j. Development of golf training programs k. Booking of national and international golf tournaments • I. Securing, execution and monitoring of agreements with Miami Beach hotels for use of the Golf Courses (if approved by the City) 3.01.2 Collection and accounting of all revenues. 3.01.3 Payment and accounting of all expenses in a timely manner. 3.01.4 Formulation and implementation of operating programs, business plans, and budgets. 3.01.5 Handling of Golf Courses and Related Facilities personnel including employment, training, and terminations. 3.01.6 Preparation of monthly and annual financial operating statements. • 3.01.7 Maintain the,Golf Courses, and all buildings, equipment, utilities, and all appurtenances thereon, in conformity with City's specifications and manufacturers'specifications. 3.01.8 Plan and carry out advertising and marketing program for the Golf Courses and Related Facilities. 3.01.9 Attend to all other matters necessary or expedient for the efficient performance of the Golf Courses operations, including community meetings and Golf Advisory Board meetings. 3.01.10 Maintain an annual inventory of all City owned and/or provided equipment, property and merchandise at the Golf Courses and Related Facilities, said inventory list shall be available to the Director upon request. 3.02 Manager shall have the right of first refusal to provide such optional services, if any, as may from time to time be requested by the Director. 3.03 Manager shall operate the Golf Courses every day, including Sundays and holidays, and during such hoursas are specified by the Director. Closure is permitted only with the prior approval of the Director, except for inclement weather in which case the Manager, in his`reasonable discretion, shall determine closure, and such closure shall be further subject to Section 6.10.2. 3.04 Manger shall conduct Junior Golf Programs/Instruction free of charge or at a reduced cost as agreed upon by the Director for City of Miami Beach youth participating in the Parks and Recreation Department's programs. The Junior Golf Program(s) shall be conducted in accordance with the attached program plan in Exhibit ' "D", entitled "Proposed Junior Instructional and Promotional Programs". Said program plan shall be subject to modifications with prior authorization of the Director. The Manager further agrees to organize and manage an annual golf tournament specifically developed to raise funds necessary to continue offer the Junior Golf Programs for City of Miami Beach youth participating in the Parks and Recreation Department's programs. 6 • 3.05 Manager shall conduct no other operations or activities upon the Golf Courses and Related Facilities other than those set forth in this Article 3. ARTICLE 4 City's Responsibilities 4.01 City shall perform the following: 4.01.1, Administer all terms and conditions of this Agreement: 4.01.2, Monitor standards and specifications; 4.01.3 Review and approve the Golf Courses Operating Budgets pursuant to Section 12.3 herein; 4.01.4 Review and approve, or disapprove, (in advance, and within five (5) Business days from receipt of written notice from Manager, any and all expenses not previously budgeted; 4.01.5 Review and approve, or disapprove, in advance, any alterations to existing facilities; 4.01,6 Provide or make provision for all equipment needed to operate GolfIl Courses; 4.0.1.7 Set all fees; and 4.01.8 Determine, fund and implement capital improvements. ARTICLE 5 Management Term and Renewal Term 5.01 The initial term of this Agreement shall be for a period of three (3) years, commencing at 12:01 AM on October 1, 2013, and expiring at midnight on September • 30, 2016, unless earlier terminated pursuant to the provisions of this Agreement. 5.02 The City shall have the right, at its sole option and discretion, to extend this Agreement for two (2) successive one (1) year terms (each a "Renewal Term")., by giving written notice to Manager of such intention not less then ninety (90) days prior to the expiration of the initial term or an exercised Renewal Term. 5.03 It is intended by the parties that the term of the Concession Agreements, attached as Exhibits "C-1" and "C-2", shall run concomitantly with -this Agreement. A termination and/or expiration of this Agreement shall also result in the automatic termination of the Concession Agreements. ARTICLE 6 General Management of Golf Courses 6.01 Manager recognizes that its operation hereunder is a service to users of the Golf Courses and the public. Manager shall conduct its operations in a first-class, efficient, courteous, and accommodating manner. The Director shall have the right to make reasonable objections to the quality and character of articles sold and services offered to the public; the prices charged; the appearance and condition of the Golf Courses and related facilities; and employees utilized by Manager for its operations. 7 • Manager shall promptly discontinue or remedy any such objectionable practice upon notification by the Director. -- - - - 6.02 Manager shall operate and manage the Miami Beach Golf Club Course and Related Facilities (including, without limitation, the pro shop, clubhouse, and food and beverage operations and facilities in a first class manner, comparable to other first-class operations providing similar facilities and services in the area. For purposes of this Agreement, the term "first class operations" shall be defined as the operating standards equal to or greater to the Doral, Turnberry and Diplomat golf courses and related facilities. The Golf Course and Related Facilities at the Normandy Shores Golf Club shall be opened and managed as an upscale residential/ day play golf club. For proposes of this Agreement the term "upscale residential/ day play golf club" shall be defined as the operating standards,equal to or greater than the Plantation Preserve, the Biltmore or Crandon Park golf courses and related facilities. 6.03 Golf Professional Services-General 6.03.1 Manager shall provide all golf professional services including without limitation, the following: sell, rent, store and/or repair golf equipment; sell golf clothing and supplies; provide instructional services provided by PGA professionals on staff or secured by the Manager in the playing of golf; rent golf carts; and operate a driving range. 6.04 Equipment Rentals Manager shall provide and maintain for rental an adequate and reasonable inventory of golf\equipment, as is deemed necessary. by Director to adequately meet the public's need therefor. 6.05 Equipment Repair Manager shall furnish and maintain proper facilities, equipment and devices for the repair of all types of golf equipment and shall make available to the public such repair services as is deemed necessary by Director to adequately meet the public's need therefore. 6.06 Lessons Manager shall provide a full range of golf instruction including, but not limited to, beginners to advanced, individual and group, and all age groups. Manager shall conduct at least three junior golf programs each year in addition to those listed in 3.04. 6.07 Cart Rentals 6.07.1 Manager shall provide and maintain for rental an adequate number of manually-operated golf carts, at the golf courses (Miami'Beach Golf Club, Normandy Shores Golf Club and the Par 3 Golf Course) if deemed necessary by the Director, to adequately meet the public's need therefore (if the Director determines there is demand for same.) i I __._ _ ._. _ 6.07,2 Manager shall provide and maintain a minimum of seventy-five (75) power-driven carts at the Miami Beach Golf Club, and a minimum of sixty-five (65) power-driven golf carts at the Normandy Shores Golf Club, and shall increase the number of carts provided, if deemed necessary by the Director, to adequately meet the public's need therefore.. All of the required power-driven carts shall have shade tops, wind shields, bag covers, divot replacement sand and trap rakes. The required power- driven carts at the Miami Beach Golf Club shall also have GPS if determined by the Director to be in the best interest of the City. The fleet shall be properly maintained in a clean and fully functional condition. 6.08 Driving Ranges 6.08.1 Manager shall be responsible for the operation of the driving range at the Miami Beach Golf Club and the Normandy Shores Golf Club and responsible for ensuring the provision and maintenance of all related amenities. 6.08.2 Manager shall also be responsible for providing maintenance of and any necessary damage repairs to the driving range facilities, in accordance with the standards and specifications contained in Exhibit"B" hereto. 6.09 Starter Services 6.09.1 Manager shall provide complete golf course starter services, as deemed appropriate by the Director, including but not limited to controlling starting times; taking reservations for tee times; scheduling tournaments; and collecting green fees and all other applicable golf course fees. 6.09.2 Manager shall operate all equipment and manage the supplies necessary for the operation of the starter system, including but not limited to: player scorecards; cash registers which shall issue a receipt and keep a permanent record for each sale and business transaction; an automated telephone tee-time reservation system for utilization at each Golf Course; telephones, wiring and all equipment necessary for the operation of the automated reservation system at each Golf Course; and a computer system which shall be used to transfer to the Director, on a regular basis attendance, sales and accounting records in a detail and format as requested by the Director. 6.09.3 Manager shall operate and maintain a hotel guest reservation scheduling service and a tournament scheduling services, as deemed appropriate by the Director, including but not limited to reserving tournament dates; processing reservation agreements; arranging for tournament assistance; collecting green fees and other fees associated with tournament play; and ,supplying other services. Manager shall provide Director, monthly, with a complete list of all proposed tournaments. 6.09.4 Manager shall honor all contracts for tournaments and banquets as shall be scheduled and approved by City. Any such events shall be coordinated and scheduled with Manager so as to not conflict with tournaments scheduled by Manager pursuant to Section 6.09,3 above, and so as to minimize disruption to the Golf Course operations. 9 c i - - --•. - - - 6.09.5 Manager shall be fully responsible for the collection of all green - - - fees, reservation fees, and other monies associated with the operation of the starter system. Manager shall be solely responsible for depositing fees collected in the bank accounts established pursuant to Section 12.5, and shall also maintain account reconciliations and bookkeeping related to the fee revenues. Manager shall account for and deliver to the City all such monies due to City in accordance with provisions contained within this Agreement. 6.09.6 Manager shall keep complete records, of account with regard to all monies collected hereunder.'Manager shall also be responsible for and shall keep neat, readable starting sheets. Manager shall, throughout the term of this Agreement, comply with Director's policy statement(s) regarding the collection of all fees, reporting requirements for fees collected, and the system of accountability and procedures therefor. All accounting records and starting sheets shall at all times be completely ' available for examination by the Director, the City's Chief Financial Officer, or other authorized representative. 6.10 Days and Hours of Operation 6.10.1 Manager shall keep the clubhouses, pro shops and starter's podiums open _every day, including Sundays and holidays. The minimum hours .of operation shall be from dawn to dusk, with the exception ,of closures required by weather conditions. Any changes in. the days` and hours for operation heretofore prescribed shall be subject to the prior written approval of the Director. 6.10,2 With regard to a Golf Course being out of operation, whenever play • muse be.temporarily suspended on a Golf Course due to inclementweather conditions, the decision on when to allow play to resume, and when to allow gOlf carts to go out on the courses, will be made by Manager. 6.11 Starter Service Supplies/Equipment Manager shall provide all necessary golf starter sheets, golf pencils and an adequate number of accurate and attractive color golf scorecards. •All of the aforementioned items shall be in form and content approved by the Director. 6.12 Fees Manager shall charge and collect all Golf Course fees and charges according to a fee schedule approved by the Mayor and the City Commission. City reserves the right to keep or to change the fee schedule, in its sole discretion. 6.13 Pro Shop • 6.13,1 Manager shall operate stock, staff and maintain the pro shop pursuant to the terms and conditions of the Concession Agreements between City and Manager (acting as Concessionaire), attached hereto and incorporated herein as Exhibits "C-1" and "C-2". io • 6.14 Golf Professional A "Class A: P.G,A. Professional" shall be on site at each Golf Course full-time and shall provide lessons and perform all other similar and customary services offered 1 for same at similar establishments in the South Florida area. The playing of the game of • • golf shall be taught only by qualified instructors whose qualifications have been • approved by the Director. The Manager shall also seek to attract and retain a highly recognized Golf School for the provision of golf instruction at the Miami Beach Golf Club. • 6.15 Golf Courses Marshal Service Manager shall provide golf courses marshal services. Manager shall establish with the Director a schedule setting a plan of operation for course marshaling. 6,16 Minimum Grounds Maintenance Service 6.16.1 Manager shall provide grounds maintenance services for the.Golf Courses including without limitation, and at minimum, the obligations to mow, edge, trim, over seed, fertilize, aerate, irrigate, sod, change cups, service tees, top dress, repair divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder, as well'as to provide weed, disease and pest control, tree maintenance, maintenance of\irrigation system including mainlines, pumps, boosters and controllers, keep swales and drain lines in good repair and to provide the necessary maintenance of any appurtenant structures and equipment. A summary of minimum • maintenance standards is attached as Exhibit "B", and the Manager is required to maintain the Golf Courses and Related Facilities at this level of quality or better. In addition, the Manager shall maintain all equipment, utilities, and related structures. in good working) condition in accordance with City standards and manufacturers' recommendations. 6.16.2 Manager shall provide a Class A GCSAA (Golf Courses Superintendents' Association of America) Superintendent and a Class C GCSAA (Golf Courses Superintendents' Association of America) Assistant Superintendent at each of the Golf Courses on a full time basis, • 6.17 Food and Beverage Services 6.17,1 Sale of Food and Beverages Manager shall provide for the sale of food and beverages, including beer, wine and alcoholic beverages, and catering services for tournaments, events or groups utilizing the Golf Courses and Related Facilities, in accordance with the terms and conditions of the Concession Agreements between City and Manager (acting as Concessionaire), attached hereto and incorporated herein as Exhibits "C-1" and "C-2". All food and beverage operations and services shall be of the best quality and provided in the finest manner (based on kitchen/food preparation facilities provided at each golf club), comparable to other resort or municipal residential golf clubs in the South Florida market providing similar services. • • 11 v � 6.17.2 Days and Hours of Operation 6.17.2.1 Manager shall open the restaurants/ food & beverage service areas for)business in accordance with the days and hours of operation established pursuant to Section 6.10, each and every day, and shall close the restaurants no sooner than thirty(30) minutes after the last golfer has finished play. 6.17.2.2 Manager shall submit for the Director's approval a schedule setting forth hours of operation for on-course and restaurant food and beverage services. Any curtailment or decrease,of this service is subject: to the prior written approval of the Director. 6.17.2.3 The days and hours of operation set forth in this Section 6.17.2 shall be complied with unless advance written authorization to deviate from this schedule has been obtained from the Director. 6:17.3 Alcoholic Beverages License - Manager shall meet all requirements for appropriate on-sale licenses from the Florida'Department of Alcoholic Beverage Control. Manager shall be solely responsible for the_payment of all costs and expenses required to complete the transfer of such licenses at the Golf Courses and Related Facilities to.Manager and to maintain such license for the duration of the term of this Agreement. • 6.18 Golf Courses PromotionlAdvertisinq and Promotional Materials 6.18.1 Manager agrees to advertise and promote the Golf Courses and Related Facilities to foster a favorable business environment, stimulate patronage, and support City efforts to maximize use of the Golf Courses and Related Facilities (including without limitation, promotion and advertisement of the Miami Beach Golf Club as a first- class facility and tourist destination, and the Normandy Shores Golf Club as an excellent municipal residential golf destination for residents, tourists and day guests). 6.18.2 Manager shall, as a part of this Agreement, work with the Director, City officials and/or designated City boards, agencies, and committees, golf organizations, the Miami Beach Chamber of Commerce, the Greater Miami Convention and Visitor's Bureau (GMCVB), travel and golf magazines, and tournament promoters in promoting the Golf Courses and golf in the City. Manager shall also develop and maintain an 1 ' Internet web page promoting the Golf Courses, listing amenities, etc. This,web page is subject to the approval of the Director. 6.18.3 Manager shall use its best efforts to develop and maintain cooperative` working relationships with the aforesaid persons and organizations in order to provide the best programs and services possible for the public. • 6.18,4 Manager shall not promulgate nor cause to be distributed any advertising or promotional materials unless prior approval thereof is obtained from Director. Said approval shall not be unreasonably withheld or delayed and shall be deemed to be • given if no objection is made within fifteen (15) business days following the Director's receipt of the request for approval. Such materials include, but are not limited to, ) , 12 advertising in newspapers, magazines and trade journals, and radio, and/or television • commercials.- - - - 6.18.5 Any advertising or promotional materials promulgated by Manager which contain the words "Miami Beach Golf Club," "Normandy Shores Golf Club," or any derivative thereof, shall also include the City of Miami Beach logo or other reference to • the Golf Courses and Related Facilities as City of Miami Beach facilities. • 6.19 Other Services 6.19.1 Premier Golf Card Partner- Manager agrees that the Miami Beach Golf . Club,and the Normandy Shores, Golf Club will be included as a Premier participating golf club throughout the initial term of this agreement and any subsequent renewals for as long as the Manager has control and ownership of the Premier Card Program. 6.19.2 Manager will utilize its best efforts to continue the operation of the South Beach International Amateur as one of the world recognized amateur golf events to be held at the City's Miami Beach and Normandy Shores Golf Clubs annually in December. 6,20 Optional Services Manager shall have the right of first refusal to provide such optional services, if any, as may from time to time be requested by the Director. The need, demand, nature and extent of,such optional service shall be determined by the Director, at his sole discretion. If, in the sole opinion of the Director, it is appropriate and in the best interest of the. City to offer the right of first refusal for a particular service to some other person or firm, such decision shall not be contested. Should Manager decline to provide any such service upon request by the Director, Manager acknowledges that the Director will proceed to make such other arrangements therefor as deemed by the Director to be appropriate, and Manager shall make no claim no assertion of any further right or entitlement with respect to such matters. ARTICLE 7 Golf Courses and Related Facilities Equipment and Improvements 7.01 The Manager herein accepts the Golf Course and Related Facilities at the Miami Beach Golf Club (including the Par 3 Golf Course) and the Normandy Shores Golf Club, in their "AS IS" physical condition as of the Effective Date of this Agreement, and agrees to make no demand upon City for any improvements or alterations thereof. 7.02 City shall .equip, and Manager shall maintain, the Golf Courses and • Related Facilities with all such appliances, furnishings and fixtures and equipment necessary to Manager's operations hereunder: Any equipment proposed to be installed • or otherwise provided by the Manager, as approved in the Operating Budget, shall be subject to prior inspection and approval of the Director. • v 7.03 Any City equipment used by Manager shall be taken "as is," inventoried, repaired or renovated, if necessary, and returned to City at the end of the term hereof. .13 Pieces of equipment may be changed out as needed with the prior approval of the Director. ' 7,04 Manager shall make no refurbishment or alterations to the Golf Courses and Related Facilities, whether in whole or in part, nor construct additional improvements upon the said Premises, without the prior written approval of the Director. Title to such improvements shall immediately vest and be vested in City at all times during and after the term hereof. 7.05 Manager shall perform acceptable day-to-day housekeeping and maintain and perform all repairs on the kitchens,' dining rooms, bars and pro shops that are. necessitated as a result of the Manager's or its agents' negligence. City shall be responsible for all other repairs and maintenance. All such maintenance shall be of quality equal to or better than the original in materials and workmanship. 7.06 Manager hereby acknowledges the title of City in and to the Golf Courses and Related Facilities, and covenants and agrees never to assail, contest or resist said title, nor to assert with respect thereto any property interest of Manager. 7.07 Upon expiration or earlier termination of this Agreement, Manager shall surrender the Golf Courses and Related Facilities to the City in a good state of repair, reasonable wear and tear expected. Manager shall restore and repair any damage to the Golf Courses and Related Facilities, which the Director, in his reasonable discretion, determines has been caused by Manager's negligence or failure to maintain, as necessary, to the satisfaction of the Director. Manager shall be solely responsible for any damage caused by any risk which Manager is required to insure against pursuant to Article 20. ARTICLE 8 Maintenance and Repair 8.01 Manager shall be solely responsible for the safety and all maintenance and repair of the Golf Courses and Related Facilities, and all equipment, furniture and fixtures thereon, and shall maintain the golf courses in conformance with and at a minimum service level as outlined in Exhibit"B", attached hereto. } 8.02 Manager shall provide and maintain in its employ at each golf course, a golf course superintendent and maintenance crew during normal working hours, as determined by the Director. All of Manager's maintenance personnel shall be supervised by a Class "A" GCSAA (Golf Courses Superintendents Association of America) Superintendent. Manager must employ sufficient personnel to perform all work as scheduled and required by City. All personnel shall be clean and neat at all times and wear appropriate uniforms as approved by the Director. 8.03 With regard to emergency services, Manager will provide Director with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when Manager's normal work force is not present. City shall call for such assistance only in the event of a genuine and substantial emergency. 14 . - i 8,04 ,City shall furnish, and Manager shall maintain, all necessary equipment,. supplies and material of good quality and in sufficient number to fulfill the requirements of,this Agreement and to accomplish an acceptable and professional level of maintenance. Director shall confer with Manager as to approval of the type of each supply, material, or equipment. Supplies, equipment and materials shall include, but not be limited to: 8.04,1 All Golf Course maintenance equipment including but not limited to tractors, fairway mowers, greens mowers, sand rakes, etc., as deemed necessary by the Director. • 8.04.2 All necessary gas, oil, and spare parts for all equipment;' 8.04.3 All necessary seed, fertilizers, fungicides, insecticides, herbicides; 8.04.4 Parts necessary for the repair and maintenance of all irrigation systems; 8.04.5 Tee towels, soap, ball washers, putting green cups and flags, benches, • trap rakes, tee markers, tee mats, trash receptacles, trash receptacle liners, cleat brushes, and all other pertinent Golf Course equipment; 8.04.6 Materials for the installation and maintenance of drains; 8.04.7 Sand for all greens traps and an acceptable substitute for fairway traps on an as-needed basis, as determined by the Director. 8.05 Manager shall maintain and-operate the Golf Courses in a clean, safe, wholesome, and sanitary condition, free of trash, garbage, or obstructions of any kind, and in compliance with any and all applicable present and future laws, general rules, and regulations of any governmental authority in force now or at anytime during the • term of this Agreement (including without limitation, such applicable laws relating to sanitation, public health, safety, or welfare). 8.06 Manager shall perform acceptable day-to-day housekeeping and maintain and pel-form all repairs on the Golf Courses and Related Facilities, except for those repairs which, upon prior .written notice from Manager of the necessity for same, Director, in his sole discretion, specifically agrees to undertake on behalf of the City. All such maintenance, repairs and replacements shall be of quality equal to or better than the original in materials and workmanship. 8.07 Manager shall remedy without delay any defective, dangerous, or unsanitary conditions, Manager shall initiate the appropriate actions- necessary to correct such situation within the same operational day the unacceptable condition is identified.. 8.08 The Director may, at any time, without notice, enter upon the Golf Course, to determine if repairs, housekeeping and maintenance, satisfactory to City, are being performed. 15 • • • 8.09 Regularly scheduled inspections of the Goff Courses and Manager's _._. _ operations authorized herein shall be made by the Director and/ or other authorized City representatives. The written 'report of such inspections shall be recorded, retained for reference, and forwarded to Manager upon request. 8.10 The Manager or his representative shall meet with the Director (or his representative) once every four (4) weeks and at such other times as may be required by Director to review the Manager's performance under this Agreement, and/or to discuss any problems or other matters as determined by City. 8.11 Manager shall supervise janitorial service, including window washing and refuse containers. Manager shall be responsible for cleaning and maintaining all public restrooms on the Golf Courses (including without limitation, at the clubhouse), Restroom maintenance will consist.of one complete and thorough cleaning prior to opening each day and a restroom inspection every three (3) hours minimum, with restroom supply restocking and necessary cleaning performed as needed. 8.12 Manager shall maintain designated areas of the driving range, in accordance with provisions listed in Section 6.08 of this Agreement. 8.13 Garbage and Utilities • • 8.13.1 Manager shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the Golf Courses and all Related • Facilities of all trash, dry and wet garbage, and other refuse resulting from, or in any. way associated with the use of the Golf Courses. 8.13.2 To the extent feasible and practical, the Manager shall establish and implement a program for the recycling of waste materials accumulated upon the Golf Courses, to include food and beverage concession materials and landscape debris. 8.14 Should Manager fail, after'ten (10) days' notice from Director of the need • thereof, to perform its obligations required pursuant to this Article 8, City may, but shall not be obligated to (in addition to all other available-remedies), exercise its right to • terminate this Agreement as provided hereinafter and enter upon the Golf Courses and perform Manager's said failed obligations, using any equipment or materials on the Golf Courses suitable for such purposes; provided however, that in the event that the default is not reasonably susceptible to being cured within such ten (10) day period, Manager shall not be considered in default if it shall, within such period, commenced with due diligence and dispatch to cure, and thereafter completes with dispatch and due diligence the curing of such default but in no event shall such extended cure period exceed ninety(90) days from the date of the initial written notice thereof. ARTICLE 9 !Intentionally deleted' ARTICLE 10 Manager's Personnel 10.01 Manager's activities and operations at the Golf Courses and Related Facilities shall be supervised by one or more active, qualified, competent, and experienced employee(s) of Manager. A manager on duty shall be on site full time 16 ; 1 during the Golf Courses' hours of operations. Manager may designate either the P.G,A, - Class-A Professional or-the Class-A Superintendent as duly authorized- to act for--- -- - Manager in all aspects of its day-today operations. Manager shall notify Director when Manager is absent, and who shall act in Manager's absence. 10.02 Manager's personnel shall at all times while on duty at the Golf Courses and Related Facilities be clean and neatly groomed, courteous, efficient, and attired in a suitable uniform, as approved by the Director. Manager's personnel shall perform its operations authorized hereunder in a businesslike manner, without rudeness or discourtesy to any person, or use of profanity. All personnel shall have a clear understanding of the established service levels and at minimum comply with them. All personnel shall participate in and completed a customer services training program and offer the highest level of customer service. This customer service will be stressed by the Manager at all times. Manager's personnel shall be subject to drug testing, fingerprinting, background checks, and other related pre-emplo ment standards, as, deemed appropriate by the City of Miami Beach Human Rtes Department, policies and procedures. Backgrounds checks, drug tests and other related safety and security checks shall apply to all employee(s) of the Manager, its on-site subcontractors, such as golf professionals and all new employees who have not previously been through the background process in compliance with City of Miami Beach standards. 10.03 Manager shall at all times maintain ,a high standard of services to the public, to the satisfaction of the Director, who shall be the sole'judge of the adequacy thereof. Upon written notice by the Director that the conduct of any of Manager's personnel at the Golf Courses and Related Facilities is detrimental to the best interests of the public, or to City, Manager shall, within twenty-four(24) hours thereafter, furnish evidence satisfactory to the Director of correction of such deficiency. 10.04 Manager will be responsible for screening, interviewing,)testing and training to include, but not be limited to; interviews that includes job preferences, experience, goals, interests, attitudes, motivation and other work related attributes; background checks as deemed appropriate by the City of Miami Beach Human Resources Department, as well as credit history for positions that may require the handling of City funds; verification that its employees are not convicted sex offenders; and training of employees on the City's Service Excellence program for those who interact with the general public as customer service representatives. 10.05, Staffing and Hours of Operation • 10.05,1 ' Subject to the approved Operating Budget, Manager shall staff its operation with personnel to conduct all operations authorized hereunder, in sufficient number to meet public demand for prompt, courteous, and efficient service. 10.05.2 Manager shall adjust the number of its assigned personnel, or its hours of operation, as may be requested from time to time by the Director. • • • 17 10.06 Notice of Personnel: Changes Manager shall, in writing, inform the Director of the full name and specific assignment of each of its key personnel at each Course used in performance of this Agreement. For purposes of this Agreement this shall include the Golf Club Manager(s); the Director and Assistant Director of Golf; the Director of Marketing; Director of Merchandising; Comptroller; and the Superintendents and Assistant Superintendents of Golf Course Maintenance. Manager shall thereafter notify the Director, inwriting, within forty-eight(48) hours following any such personnel changes. ARTICLE 11 Management Fee and Incentive Fee 11.01 Management Fee 11.01.1 As consideration to Manager for providing the services herein specified during the initial term and any Renewal Term, the City shall pay Manager during the initial term and Renewal Term (if any)', the following amounts: The annual Management Fee for the performance of the services hereunder with respect to the Fiscal Year for the Term of this Agreement (including renewal terms) shall be $125,000 for the initial year, at each Golf Course (Miami Beach Golf Club/Par 3 and the Normandy Shores Goff Club). The Management Fee, in subsequent years, will increase and be adjusted by the CPI index, or 3%, whichever is smaller, for the Miami Beach Golf Club/Par 3. The Management Fee for the Normandy Shores Golf Club remains at$125,000 for the life of the Agreement.. 11.01.2 The Management Fee shall by payable in equal monthly • installments due on or before the last day of each month during the Fiscal Year, and, Manager shall be entitled to draw such amounts from the account described in Section 12.5. 11.02 Incentive Fee • • 11.02.1 Amount. In addition to the Management Fee, Manager shall be entitled to, and shall receive from the City, an annual Incentive-Fee for the Miami Beach Golf Club/Par 3 and the Normandy Shores Golf Club, with respect to each Fiscal Year during the initial term and Renewal Term (if any). The Incentive Fee for the Miami Beach Golf Club/Par 3 is as follows: 1) Manager will earn an annual graduated Incentive Fee for each Fiscal Year. The Incentive Fee shall be capped at $125,000 on revenues to $ 3,900,000, with an incentive fee pay-back provision if revenues are below $ 3,900,000. The following chart represents the Gross revenues and associated Incentive Fee earned. Manager's annual Incentive Fee will be earned in full provided the "net operatingincome before debt service," as shown on the approved • annual Operating Budget, equals or exceeds $800,000 per year for the Miami Beach Golf Club, By example, if the net operating income before debt service • t8 ._ i for the Miami Beach Golf Club is $720,000 (10% less) then Manager's annual Incentive Fee for the Miami Beach Golf Club shall be reduced by 10%for that - specific Course. The Incentive Fee for each Golf Course will be earned individually and based on the conditions stated above. Revenues Incentive Fee Earned to $ 3.900M $ 125,000 From$3.8 M to $ 3.899M $ 115,500 From $3.7 M to $ 3.799M $ 107,500 From $3.6 M to $ 3.699M $ 99,500 From $3.5 M to $'3 599M $ 91,500 From $3.4 M to$ 3,499M $ 83,500 From $3.3 M to $ 3.399M $ 75.500 From $3.0 M to $ 3.099M $ 67,500 From $2.9 M to $ 2.999M $ 60,000 From $2.8 M to $ 2.899M $ 52,000 From $2.7 M to $ 2.799M $ 44,000 From $2.6 M to $ 2.699M $ 36,000 From $2.5 M to $2.599M $ 28,000 From $2.4 M to $ 2.499M $ 20,000 From $2.3 M to $ 2.399M $ 12,000 From $2,2M to $ 2.299M $ 4,000 Less than $ 2.2 Million $ 0 2) An additional Incentive Fee of 5% will be earned on all Revenue over $ 4,000,000., The Incentive Fee for the Normandy Shores Golf Club is as follows: 1) Manager will earn an annual initial Incentive Fee for each Fiscal Year of 7% that will be earned on Revenue over$ 1,800,000. Revenue shall not include gross revenues received by Manager as a concessionaire for the food and beverage and pro shop facility (merchandise). Gross revenues will include the 5% concession fee paid by Manager to the City for the use of the latter facilities. + E In arriving at "net operating income before debt service," there shall be deducted from the Golf Courses and Related Facilities gross revenues the ordinary operating expenses as set forth in the annual Operating Budget approved by the City. Extraordinary Operating Expenses and/or non-budgeted capital improvements shall not be deducted from gross revenues in determining "net operating income before debt service." Such extraordinary Operating Expenses or unbudgeted capital improvements shall include but not be limited to the following: Real estate taxes on the Golf Courses and Related Facilities, if imposed during the term of this Agreement; damage caused by Force Majeure, as defined in Section • 29,5; capital improvements required by the City beyond that which is budgeted; and additional costs related to promotional events including major tournaments that may be approved by the City beyond that which is budgeted. 19 • Extraordinary non-budgeted expenses shall include extra security services; modular'rentals; capital (computers, telephones,F.F.E.); temporary portable restroom and cart barn rentals; City Property Management Division and City Public Works Department's expenses related to the removal of the cart barn and modular buildings and site restoration thereof; Par Three Golf Course maintenance; and Manager's annual Incentive Fee. 11.02.2 Payment. The annual Incentive Fee shall be payable to Manager within forty-five (45) days of the end of a Fiscal Year. Manager will thereupon be entitled to deduct the amount of such fee from the account described in Section 12.03.7; provided that, to the extent that Manager projects that such a deduction would leave insufficient funds in such account to cover Operating Expenses for the remainder of the then-current fiscal year, Manager shall not be entitled to deduct all or a portion of such fee from such account, and, upon notice thereof from Manager, the City shall promptly pay Manager the amount of the fee that has'not been deducted from such account. ARTICLE 12 Funding; Budgets; Bank Accounts �!! 12.01 Operating Funds. Subject to Section 12.02, following the approval of the annual Operating Budget for a Fiscal Year (including, without limitation, any annual Operating Bud et applicable to the first Fiscal Year during the Term hereof), the City shall mailable to Manager all funds necessary tll Operating Expenses incurred or accrued in such Fiscal Year. Such funds shall be depgsited anager in-the operating account established pursuant to Section 12.05 and use Operating Expenses. 12.02 Non-Funding 12.02.1 The City shall have n tion to provide fundsfor the payment of Operating Expenses incurred or commi 'for, beyond the approved annual ' Operating Budget, after the date Manager receives written notice (an "Appropriation Deficiency Notice") of the fact that insufficient funds or no funds have been appropriated for the Golf Courses and Related Facilities, 12.02.2 If the Appropriation Deficiency Notice is of insufficient funds, the City shall pay all Operating Expenses incurred or committed for after such date which are within the aggregate level of appropriated funds in the approved annual Operating Budget. The City shall pay all Operating Expenses incurred or committed for that are within the aggregate level of funds in the approved annual Operating Budget, prior to the date Manager receives the Appropriation Deficiency Notice. Any failure by the City to provide funds (beyond the aggregate level of appropriated funds in the annual Operating Budget) for the payment of Operating Expenses incurred or committed for after Manager receives an Appropriation Deficiency Notice shall not be a breach of or default under this Agreement by the City. 20 12.03 Annual Budget; Cash Flow Budget 12,03.1 During the City's annual budget and review process of each year, Manager will prepare an annual operating budget for the next Fiscal Year to meet the scope of services and objectives under this Agreement. Such budget shall contain appropriate line items for revenues and expenses and the projected net operating deficit or surplus. 12.03.2 The Mayor and City Commission, each year during the Term hereof, shall review and approve annual Operating Budget for the succeeding Fiscal Year for the Golf Courses in the course of the City's annual budget review process. 12.03.3 The annual budget referred to in Sections 12.03,1 and 12.03.2 above shall be reviewed and subject to approval by the City Manager, and the Mayor and the City Commission. The City Manager and the Mayor and the City Commission shall notify Manager of any changes to the annual Operating Budget for the succeeding Fiscal Year proposed by Manager and with such changes, if any (as are made by the City), such budgets shall be the Operating Budgets for the following Fiscal Year, 12.03.4 On or prior to the commencement date hereof, Manager has given its comments and observations on the preliminary annual Operating Budget for the first Fiscal Year hereof prepared by the City. Manager has submitted to the City Manager and the Mayor and the City Commission its proposed annual Operating Budget for the first Fiscal Year hereof; such proposed budget shall be treated in the same manner and create the same rights as obtained following the submission of annual budgets as described in Section 12.03.3 above, provided that the City shall notify Manager of any changes to such annual budget. 12.04 Budget Modifications Initiated by the City. In the event that it appears reasonably likely, in any year during the term hereof, that the actual Net Operating Loss/Profit for such Fiscal Year will be larger than projected in the annual Operating Budget for such Fiscal Year, the City Manager and/or the Mayor and the City Commission may request from Manager a plan for reduction of Operating Expenses to a level consistent with the budgeted Net Operating Loss/Profit amount. Manager shall forthwith comply with any such expense reduction requested by the City, and the Operating Budget for such Fiscal Year shall be modified accordingly. 12.05 Receipts and Disbursements Manager shall establish and maintain in a bank designated by the City's Chief Financial Officer an operating bank account for the promotion, operation and management of the Golf Courses and Related Facilities in the name of the City, with Manager as agent and.with signature authority in such employees of Manager as Manager,shall determine;__All revenues.collected.by..ManagarJrom the operation ofJhe Golf Courses and Related Facilities shall be deposited into such acc_ountand Operating.. Expenses shallwbe paid.?y.Manager _as agent for_the City from such account. All revenues collected by Manager arising from operation of the Golf Courses and Related Facilities are the sole property of the City, held in trust by Manager for the City for application as provided herein, • 21 Any amounts remaining in said account upon termination of this Agreement for any reason, after-payment of all outstanding Operating Expenses, shall be promptly paid by --- - Manager to the City. ARTICLE 13 J Intentionally deletedi ARTICLE 14 Intentionally deleted" ARTICLE 15 Records and Reports 15.01 Manager shall prepare and maintain an adequate set of records, in detail and methodology satisfactory to the Director and the City's Chief Financial Officer, documenting all Golf Courses and Related Facilities gross revenues and Operating Expenses pursuant to this Agreement. Such method shall include the keeping of the following records: 15.01.1 Regular books of accounting, such as general ledgers; 15.01.2 Cash receipts and cash disbursements journals, including any supporting and underlying documents such as invoices, vouchers, checks, tickets, bank statements, etc.; 15.01.3. State and Federal income tax returns and sales tax returns and checks and other documents proving payment of sums shown; • 15.01.4. Cash register tapes (daily tapes may be separate but shall be retained so that from day to day the sales can be identified) and golf starter sheets. 15.01.5. Annual inventory of equipment, merchandise and other related • materials. 15.02 Manager shall record all sales by means of cash registers which publicly display the amount of each sale and automatically issuea customer's pre-numbered receipt or verify the amount recorded on a slip. Said cash registers shall in all cases have locked-in sales totals and transaction counterswhich continuously accumulate and which cannot, in any case, be reset and, in addition thereto, a tape located within the register on which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record. In the event of a technical or electrical failure of the cash registers, Manager shall record by hand all • collections and issue a sequentially pre-numbered customer's receipt in like manner. Under 'no circumstances shall Manager conduct sales which are not recorded or for which customer receipts are not issued. 22 15.03 Any other reporting records that the Director deems necessary for proper - reporting of receipts and disbursements. 15.04 If at any time the Director or the City's Chief Financial Officer deems Manager's accounting practices or procedures inadequate or. not in accordance with City procedures, Manager shall make requested adjustments to its practices and procedures. 15.05 Manager shall submit monthly to the Director a written report, in a format and in detail satisfactory to the Director, of all Manager's gross revenues from all operations at the Golf Courses and Related Facilities during the preceding calendar month. Such report shall include, without limitation, a daily breakdown of such gross revenues, to be made available upon request by the Director. 15.06 Preparation of reports with respect to all financial aspects of the Golf Courses, such as payroll, data, cash receipts, accounts receivable, budget reports and detailed profit center information; 15.07 Maintenance of accounting records and preparation of annual financial statements of the Golf Courses and Related Facilities in accordance with generally accepted accounting principles, consistently applied, including all required footnotes and disclosure. 15.08 Financial Statement and Miscellaneous Reports In addition to such other reports as_may be required by this Agreement, Manager shall submit the following reports to the Director: 1.5.08.1 Financial Statement Within forty-five (45) days following the last day of each Fiscal Year hereunder,. or at any early termination of this Agreement prior to the end of the Term, Manager shall submit a financial,statement covering all business transacted by it at the Golf Courses and Related Facilities during such period, and all gross revenues, commissions and other income derived therefrom; except for services provided pursuant to the Concession Agreements in Exhibits "C-1",and "C-2 which shall be governed by the terms thereof. Such financial statement shall be compiled by Manager in accordance with generally accepted accounting practices, and shall be such format and detail, as is satisfactory to the Director. 15.09 Miscellaneous Reports Any other,financial or statistical reports reasonably requested by the Director from time to time during the term hereof shall be provided by the Manager, without cost to the City, within a reasonable period of time. 23. ` ) l ( • I ! i ARTICLE 16 _ __ Monthly-Reporting 16.01 Manager is required to provide the City with a monthly income statement report. The City will reconcile this report with starter sheets and other source documents to determine if all gross revenues have been included in the'report. The report will also be analyzed to determine if expenditures are reasonable based on the Operating Budget. If an error is found, the City will contact the Manager immediately. ARTICLE 17 Retention of Records • • 17.01 Manager shall retain all its books and records of account for the Term hereof for not less than two (2) calendar years following the last day of such Term, Such books and records of account shall show all Manager's gross receipts, commissions, and other income derived from its operations, pursuant to this Agreement, all deductions therefrom, supporting documents, and all other information required by this Agreement. 17.02 Manager shall retain such books and records of account, and such reports and records as may be required of it, or requested by City, pursuant to this Agreement, at a location within the City and-shall keep andmaintain the same in accordancewith accepted professional accounting principles. ARTICLE 18 Audit and Access to Manager's Records• 18.01 Upon written notification by Director, Manager shall make all of its financial records related to the Golf Courses and Related Facilities operations available to City at the business office of Manager including, but not limited to, general ledger, original entry journals, canceled checks, invoices, bank statements, federal and State payroll and income tax filings and financial statements. Manager shall provide such access to such records for City's purposes in verifying information submitted by Manager in any report or financial statement required or requested of Manager pursuant to this Agreement, and for City's purposes in verifying Manager's compliance with the terms of this Agreement, but for no other purpose. 18.02 Further, at any time within two (2) calendar years following the last day of the • Term hereof, upon written notification to Manager, City may, at its sole cost and expense, inspect, audit, and copy Manager's books, records of account, and supporting documentation relating to Manager's operations at the Golf Courses and Related Facilities. City, its agents, or auditors, may inspect, audit, and copy such books, records of account, and supporting documentation for City's purposes in determining the correctness of the computation of the Operating Surplus, as set forth in the annual financial statement submitted by Manager. 18,03 In the event of a discrepancy of more than three percent (3%) between Manager's Gross Receipts, commissions, or other income as established by such inspection and audit, and such `Gross Receipts, commission, or other income as reported by Manager pursuant to any financial reports submitted by Manager to City, Manager shall, upon demand, reimburse City for all its costs in connection with such inspection, audit, and copying. 24 1 18.04 Manager further agrees to allow City to review its financial records and books on the Golf Courses and Related Facilities. ARTICLE 19 Permits and Licenses 19.01 Manager shall obtain and maintain in full force and effect throughout the Term of this Agreement any and all applicable permits and business licenses which may be required by any law, including administrative regulations and local ordinances, for the conduct of Manager's operations hereunder. - Within ten (10) calendar days from the Effective Date, Manager shall furnish the Director with copies of all such permits and licenses. ARTICLE 20 Insurance 20.01 Manager shall procure and maintain throughout the Term of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in' connection with the performance of the. Agreement by Manager, and/or its officers, directors, employees, contractors, or agents. City shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the City's Risk Management Office the insurance provisions in these requirements do not provide adequate protection for City and for members of the public, City may require Manager to obtain insurance sufficient in coverage, form and amount to provide adequate protection. City's requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance isrequired. 2602 At a minimum, Manager shall maintain the following types of insurance coverage at all times throughout the term of this Agreement. a. Comprehensive General.Liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage..This policy must also contain coverage for 'Center operations, products and contractual liability, b. Workers Compensation Insurance as required under the lawsof the State of Florida. c. Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-ownership liability for not less than the following limits: Bodily Injury $1,000,000 per person; Bodily Injury $1,000,000 per accident; Property Damage $1,000,000 per accident. The policies of insurance referred to above shall not be subject to cancellation or change except upon at least thirty (30) days prior written notice to the City, and then only subject to the prior written approval of the City Manager or his designee. Prior to the Commencement Date, Manager shall provide City with a Certificate of Insurance for each such policy. ALL POLICIES 25 SHALL NAME THE CITY OF MIAMI BEACH. FLORIDA AS AN ADDITIONAL NAMED INSURED. - -- -- - -...-• -All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M. Best insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement or substitute company shall also be subject to the prior written approval of the City's Risk Manager, 20.03 The Manager will notify its insurance agent without delay of the existence of the Hold Harmless Agreement contained within this Agreement, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier, 20.03.1 The Manager will obtain and maintain contractual, liability insurance in adequate limits for the sole purpose of protecting the City under the Hold Harmless Agreement from any and all claims arising out of contractual operations. 20.04 All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure and,shall be made available to the City ' upon request to the Manager. No deductibles will be allowed in any policies issued on the Agreement unless specific safeguardshave been established to assure an adequate fund for payment of deductibles by the insured and approved by the City. 20.05 Compliance by the Manager with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Manager of its liabilities and obligations under any Section or provision of• the Agreement. 20.06 Insurance coverage required shall be in force throughout the contract Term. Should the Manager fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the Term, the City shall have the right to consider the Agreement breached and declare a default by the Manager; provided, however, that Manager shall not be deemed in default in the event that any insurance coverage required herein shall either be unavailable or unattainable. Manager shall provide City with immediate written notice of its inability to procure any insurance coverage required herein, and the parties shall use best efforts to procure alternate coverage, or such other solution as they may deem necessary. 20.07 If the Manager does not meet the insurance requirements of the specifications, alternate insurance coverage, satisfactory to the City, may be considered. 20,08 Insurance for the food and beverage and pro shop concessions shall be as provided by the Concession Agreements, (attached as Exhibits "C-1" and "C-2" hereto). ARTICLE 21 2.1.01 Termination of Agreement . Except as otherwise provided, if Manager defaults in the performance of any promise, term, condition, or covenant required of it herein, and fails to cure such default • within ten (10) calendar days following notice thereof from the Director, this Agreement 26 i J - shall terminate; provided, however, that in the event that the default is not reasonably --- - susceptible to being cured within such ten (10) day period, Manager-shall not be considered in default if it shall, within such period, have commenced with due diligence and dispatch to cure, and thereafter completes with dispatch and due diligence the curing of such default but in no event shall such extended cure period exceed ninety (90) days from the date of initial written notice thereof.- 21.02 Cross Default A default by Manager (as Concessionaire), pursuant to the Concession Agreements in Exhibits "C--1" and "0-2", shall also be considered an event of default under this Agreement. 21.03 If, in the event Manager cannot or does not operate the Golf Courses and Related Facilities in accordance with the terms and conditions stated herein, and the Director terminates this Agreement, the Director may take immediate possession of the Golf Courses and Related Facilities, and operate such facilities in any manner deemed appropriate by the Director for City's benefit and the public's best interest, without any liability therefore to Manager. 21.04 City's Right to Terminate Agreement for Convenience NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IF THE CITY DETERMINES, AT ANY TIME DURING ANY TERM HEREUNDER, THAT IT IS IN THE BEST INTEREST OF THE CITY TO TERMINATE THIS AGREEMENT, THE CITY MAY, ACTING THROUGH THE DIRECTOR, TERMINATE THIS AGREEMENT, WITHOUT PENALTY OR CAUSE, IN THE CITY'S SOLE DISCRETION, UPON NINETY (90) DAYS' WRITTEN NOTICE OF INTENT TO TERMINATE GIVEN TO MANAGER. A TERMINATION FOR CONVENIENCE, AS PROVIDED HEREIN, SHALL ALSO TERMINATE FOR CONVENIENCE THE CONCESSION AGREEMENTS IN EXHIBITS "C-I" and "C-2". ARTICLE 22 Golf Courses Evaluation Report 22.01 City and. Manager agree that the overall condition and playability of the Golf Courses, the quality of service provided by Manager, and the condition of the Golf Courses and Related Facilities is of primary importance to both parties. As this Agreement specifies the minimum standards of performance deemed necessary for proper maintenance and services, City and Manager will develop a Golf Course Evaluation Report to document Manager's performance pursuant to those standards. 22.02 The Golf Course Evaluation Report will be completed by an authorized representative(s) of the Director after an inspection of the Golf Courses by City's representative(s). - 22.03 City shall make every reasonable effort to conduct such inspections on a regular basis, and Manager or his authorized representative will be invited to participate in the inspection tour. 27 • 22.04 The Director reserves the right to modify, update, and/or amend the -- — — -- general content and format of the Golf-Course Evaluation Report form in order to-- ------ - provide for a suitable instrument for the documentation of Manager's performance. 22.05 Director's Inspection. Manager shall provide golf cart(s) for inspection of the Golf Courses by the Director and others authorized City representatives. The inspection shall occur not less than annually or more frequently than monthly. The inspection shall also cover, but not be limited to, the pro shop and clubhouse areas, and shall include a briefing on the Golf Course operations by Manager. ARTICLE 23 Non-assignability Except for estate transfers, Manager shall have no right, authority, or power whatsoever to sell, assign, or transfer any right, license, privilege, or duty granted to or imposed upon it hereunder. Such right, license, privilege, and duty are granted and imposed solely and personally to and upon Manager, and any such sale, assignment, or transfer shall result in immediate termination hereof. ARTICLE 24 Conflict of Interest • 24.01 1 Manager shall perform its services under this Agreement and conduct the Golf Course management and operations contemplated herein, in a manner so as to show no preference for other golf operations/facilities owned, operated, managed, or otherwise controlled by Manager with,.regard to its responsibilities pursuant to this Agreement. 24.02 With exception to the terms and conditions of the Concession Agreement, no director or officer of Manager shall have any interest in any concession activities at the Golf Courses or its Related Facilities, nor in any contract involving the Golf Courses, without prior written approval by the Director. Operating Expenses shall not include any profit increment to Manager or its associates. Profit to Manager, if any, is included within the Management Fee specified in Article 11 herein. • ARTICLE 25 Authority of the Director The Director shall administer this Agreement on behalf of City. Unless otherwise provided herein, or required by applicable law, the Director shall be vested with all rights, powers, and duties of City, in its proprietary capacity as owner of the Premises. With respect to matters hereunder subject to the approval, satisfaction, or discretion of City or the Director, the decision of the Director in such matters shall be final.' 28 -- ARTICLE 26 Consent Whenever the consent or approval of the City Commission, the Director, or other City official is required or authorized hereunder, such consent or approval shall not be unreasonably withheld, conditioned, or delayed. ARTICLE 27 Time of the Essence Time is of the essence in the performance of this Agreement. ARTICLE 28 Independent.Contractor 28.01 It is understood and agreed that Manager (for the 'purpose of this subsection 28.01, the term "Manager" shall also include Manager's officers, directors, employees, contractors, consultants, agents, and any and all other third parties acting under the supervision or control of Manager, and which are hereinafter collectively referred to in this Article 28 as "Managers' assigned personnel") is an independent contractor and that no relationship of employer-employee exists between the parties hereto. Manager shall not be entitled to any benefits payable to employees of City. As an independent contractor, Manager hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. 28.02 It is further understood and agreed by the parties hereto that Manager, in the performance of its obligation hereunder, is subject to the control or direction of City as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by Manager for accomplishing the results. 28.03,Manager's assigned personnel shall be entirely and exclusively under the direction, supervision, and control of Manager. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Manager. 28.04 It is further understood and agreed that as an independent contractor and not an employee of City, neither Manager nor Manager's assigned personnel shall have any entitlement as a City employee, right to act on behalf of City in any capacity whatsoever as agent, nor to bind City to any obligation whatsoever. 28.05 It is further understood and agreed that Manager must issue W-2 and 941 Forms, for income and employment tax purposes for all of Manager's assigned personnel under the Agreement. 29 ARTICLE 29 Indemnification of City 29.01 In consideration of a separate and specific consideration of$10.00 and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,. Manager shall indemnify, hold harmless and defend the City, its officers, employees, contractors, and agents, from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act. of Manager, its officers, directors, employees, contractors, consultants, agents, or any, persons and or entities acting under the supervision or control of Manager, in the performance of services under this Agreement, 29.02 Subsection 29.1 shall survive following:the termination or expiration of this Agreement. Subsection 29.1 shall not apply, however, to any such liability, that arises as a result of the willful misconduct or gross negligence of the City. 29.03 Subrogation The terms of insurance policies referred to in Article 20- shall preclude subrogation claims against Manager, the City, and their respective officers, employees and agents. 29.04 Force Majeure, Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in_default if performance is prevented by: • a. fire which renders at least thirty percent (30%) of a Golf Course and its Related Facilities unusable and which is not caused by negligence of Manager; b. earthquake; hurricane; flood; act of God; civil commotion occurring at the Golf Courses and Related Facilities during or in connection with any event; or other matter or condition of like nature; or c. any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, or war. 29.05 Labor Dispute In the event of a,labor dispute which results in a strike, picket or boycott affecting the Golf Courses and Related Facilities operations described in this Agreement, Manager shall not thereby be deemed to be in default or to have breached any part of this Agreement, unless such dispute shall have been caused by illegal labor practices of Manager and there has been a final determination of such fact which is not cured by Manager within thirty (30) days. 30 29,06-Waiver of Loss from Hazards The Manager hereby expressly waives all claims against the City for loss or damage sustained, by the Manager resulting from fire, water, natural disasters/acts of God (e.g., hurricane, tornado, etc.),.civil commotion, riot, or any other Force Majeure contemplated in Subsection 29.04, and Labor Dispute in Subsection 29.05 above, and the Manager hereby expressly waives all rights, claims, and demands against the City and forever releases and discharges the City from all demands, claims, actions and causes of action arising from any of the aforesaid causes. • ARTICLE 30 Release of Liability 30.01 City shall not be liable for, and is hereby released from, any and all liability to Manager, or to any person claiming under or through Manager for any loss or damage whatsoever to the property or effects of Manager resulting from the discharge of water, or other substance, from pipes, sprinklers, conduits, containers, appurtenances thereof or fixtures thereto, or from any damage resulting from the discharge or failure of electric current, regardless of cause or origin, except that which is caused by the gross negligence or willful misconduct of the City. 30.02 Further, Manager shall be solely responsible for the safety and security of property, equipment, supplies, merchandise, and commodities used or offered for safe by Manager at the Golf Courses and Related Facilities. City shall have no liability or responsibility whatsoever, and Manager shall make no claim againstCity, with respect to such matters. 4g ARTICLE 31 Taxes 31.01 Manager shall, at its sole cost and expense, pay any and all taxes for which it is responsible; or which may be assessed against it; or pertaining to the Golf Courses and its Related Facilities and Manager's related operations thereon; or which may be assessed against the City, including the Premises as a result of Manager's related operations on the Premises. • 31.02 Right to Contest Taxes Manager shall have the right in its own name or to'the extent necessary, in City's name, to contest, in good faith and by all appropriate proceedings the amount, applicability or validity of any tax assessment pertaining to the Golf Courses and Related Facilities and its related operations thereon. In the event Manager initiates such contest, City shall reasonably cooperate with Manager, provided that such contest will not subject any part of City property to forfeiture or loss; and provided, further, that if Manager contests any assessment made by the Assessor of City, such contest shall not be initiated in the name of City, at no cost to the City; and without City being shall obligated to cooperate' therewith. 31 • -- -31.03-If at any time, payment of any tax or assessment becomes necessary to prevent any such forfeiture or loss, Manager shall timely pay such tax or assessment to prevent such forfeiture or loss. ARTICLE 32 Signs Manager shall place no sign, emblem, or advertising, of any kind or character, at or on the_Golf Courses, clubhouses or other facilities without the prior written approval of the Director. ARTICLE 33 Notices • 33.01 All notices, consents, waivers, directions, requests or other instruments of communications provided for under this Agreement, shall be deemed properly given if, and only if, delivered personally or sent by registered or certified U.S. mail, postage pre- ' paid, as follows: IF TO THE CITY: John Rebar, Director, Parks and Recreation 2100 Washington Avenue Miami Beach, Florida 33139 With copies to: J. Mark Taxis Assistant City Manager City of Miami Beach • 1700 Convention Center Drive Miami Beach, Florida 33139 IF TO MANAGER: ) Johnny La Panzina, President Professional Course\Management II, Ltd. 10500 Pembroke Pines, Florida 33026 With copies to: Alberto Pozzi, General Manager Professional Course Management II, Ltd. 10000 Biscayne Boulevard, Miami Shores, Florida 33138 The Manager and the City may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. I l 32 ARTICLE 35 - - • Notice of Claims.and Suit • - 35.01 City and Manager shall each give the other prompt and timely written notice of any personalinjury or accident claim for in excess of One Thousand and No/00 Dollars ($1, 000.00), and of any lawsuit coming to its knowledge, when either such claim or lawsuit arises out of or if in any way connectedwith the construction or operations of Manager hereunder, the construction or operation of the Golf Courses and Related Facilities by City which in any way, directly or indirectly, contingently or otherwise, might reasonably affect the parties' relationship under this Agreement. 35.02 Such notice shall be deemed prompt and timely if given within thirty (30) calendar days following the date of receipt of such claim by an officer, agent, or employee of either party, and, if given within ten (10) calendar days following the date of service of process upon either party with respect to any such lawsuit. ARTICLE 36 Employee Parking Vehicular and equipment parking by Manager, its officers, agents, employees, licensees, suppliers, or subcontractors shall be restricted to such areas at the Golf Courses and Related 'Facilities as are designated by the Director. ARTICLE 37 Applicable Law This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida, and shall be deemed to have been made, and shall be performed, in the State of Florida. ARTICLE 38 • • This Agreement shall be enforceable in Miami-Dade County, Florida; and if legal action is necessary by either party with respect tothe enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida, BY ENTERING INTO THIS AGREEMENT, MANAGER AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED •TO, OR ARISING OUT OF THE AGREEMENT. ARTICLE 39 Nondiscrimination Clause Manager shall not discriminate in the provision of services because of color, race, creed, national origin, religion, sex, sexual orientation, age,'or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d), the American with Disabilities Act (42 U.S.C. Section 12131 et seq.), and all other applicable laws and regulations requiring no discrimination. 33 ARTICLE 40 - - Equal Opportunity - - . ... - The City is an Equal Opportunity Employer. Manager shall comply with Federal, State, and City Equal Employment opportunity requirements. 40.01 Equal Employment Opportunity Manager shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, gender, gender identity, sexual orientation, marital or financial status, age, or disability, in violation of the law. 40.02 Compliance Manager shall comply with all applicable Federal, State, and City statutes, ordinances, regulations, directives, and laws and this Agreement shall be deemed to be executed within the State of Florida and construed with and governed by the laws of the State of Florida. ARTICLE 41 No Warranty Re: Golf Courses , City does not warrant that the Golf Courses and Related Facilities will continue to be used as golf courses during the term of this Agreement. In the event that such use is terminated, this Agreement will automatically -terminate as of the date of such cessation of use, and Manager shall neither claim nor entitlement to any damages whatsoever from City. ARTICLE 42 Nonwaiver of Rights No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions, herein contained, to be performed, kept, and observed by the other party, ARTICLE 43 Headings The headings of the articles and sections of this Agreement are inserted only as a matter of convenience and for reference and do not define or limit the scope of intent of any provisions of this Agreement, and shall not be construed to affect in any • manner the terms and provisions hereof or the interpretation or construction thereof. 34 ARTICLE 44 ' -- --- . - -----Entire Agreement - -- This Agreement, together with all exhibits attached hereto, constitutes the . entire Agreement between the parties hereto, and all• other representations or , statements heretofore made, verbal or written, are merged herein, and this Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. , IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH, FLORIDA 'CL*A Iiikw di .1.fit:ZVA• 1:4 114 7.-Malt • )geilie_12. , Rafael E. Grana&T vG. er .- ' Mat i Herrera Bower,.Mayor i `64-rte. , $ Olt0 i.INCORP ORATED. 2 , `i ,ITN SSE`, : 0q e.s • •. . . o),••.:. PRO' SSIONAL COURSE\ I �n,PPH. MAN A' EMENT llLTD., , L./ ' t, i. ,, rp By: Jo/ (' nature) , ' / ny a Ponzina, President APPROVED AS TO FORM&LANGUAGE • ' • FOR EXEAUTION . (1/- „,ask, 1 jo K1aL4'3 \%.r • i i 35 List of Exhibits • Exhibit"A-1" Site Map of Miami Beach Golf Club Exhibit"A-2" Site Map of Par 3 Golf Course Exhibit "A-3" Site Map of Normandy Shores Golf Club Exhibit"B" Golf Course Maintenance Standards Exhibit"C-1" Concession Agreement for Food and Beverage and Pro Shop Merchandise Sales Exhibit"C-2" Concession Agreement for Food and Beverage and Pro Shop Merchandise Sales Exhibit"D" Proposed Junior Golf Instructional Programs Overview 1 • 11 • 36 Exhibit "A-I" Site Map of Miami Beach Golf Club 1 37 I ..'''':-.••1.40th il*: .--- - 7....- • •... sr,.77. ./. •• . " ', .,.•0*.P?:-,S"' 4 ., , • .,, .,..... ), ,i: .1•*IiLiqic iii,. ;•1 , .§ ,..• ,,....: UniversItY - St Patrick.' ••••:.• ''. 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F+�3- „r,.R..• r h ;g'"g-. n t t*it 's ' S514 'T L7 k t„^` " S L 1 1 \ 1 til,,^. ,„^"4:40... t4' a�B a S _ *, ( r *Ate,,, F • • •� or Yr 'y • r. ) �r' a .i� aA Y� rtS i : 14, r' tit.., 4( t. 45 ,4? p` i ? kdt ,L � i.I. f b ' •eB•, e0<,"• fi .", . , ;* • e. 4k4014\ ftir 4t• . + i a > ,..4,....,i*.. . 1 ... r• 'TS 'illy • Exhibit "B" Golf Course Maintenance Standards • • • 40 • BUCHEN • Golf Agronomy International , LLC GROW-IN w ROUTINE MAINTENANCE TOURNAMENT PLAYING CONDITIONS RESTORATION- RENOVATION - DUE DILIGENCE AGRONOMY AUDITS CONSTRUCTION 4 IRRIGATION ADVICE ^, MAINTENANCE BUILDING DESIGN 4772 WILLXAMSBURG GLADE- WILLIAMSBURG,VIRGINIA 23185-2113 USA Phone 757,253,0900-Fax 757.220,3001 k.Mobile 7557.561,7777 www,aa lfaaronomy.com. terrybuchenG earthlink,net Terry Buchan, CGCS, MG ' • President Pa Consulting Agronomist CITY OF MIAMI BEACH NORMANDY SHORESGOLF COURSE MIAMI BEACH,FLORIDA • MAINTENANCE CONDITIONING & MINIMUM EQUIPMENT • NEEDED STANDARDS REPORT SEPTEMBER, 2007 PREPARED FOR: MR. KEVIN SMITH DIRECTOR OF PARKS AND RECREATION CITY OF MIAMI BEACH ' • PARKS AND RECREATION DEPARTMENT 2100 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 REPORT# 07-11099 • ' I • 1 • I TERRY BUCHEN, CGCS, MG G0 LFAGRONOMYINTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE ' MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS • SEPTEMBER,2007 • R.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION MAINTENANCE CONDITIONING & MINIMUM EQUIPMENT NEEDED STANDARDS: Please Note: All Equipment listed is for mandatory usage and all quantities listed are the minimum amounts required to provide the desired Maintenance Conditioning Standards.. SEASHORE PASPALUM GENERAL GROWTH HABITS&GUIDELLNES:_ I am going to provide my thoughts, observations and recommendations regarding the successful growth of seashore paspalum, which will sometimes differ with what the people that are marketing this type of grass are telling all of us! • s Seashore Paspalum should be grown on its own merits, as it is significantly different compared to growing bermudagrass. Its growth habits and management techniques in many respectsrival creeping bentgrass significantly more than ' bermudagrass and it should be maintained and managed similar to creeping bentgrass, • a The following line items are extremely important for success in growing Seashore Paspalum: • . o The biggest aspect of growing seashore paspalum is to be "Pro-Active" and on cruise control where all aspects of routine maintenance practices • are in moderation/consistent — not "Re-Active", where the turf is in •• decline and are playing"catch-up." o Keeping management practices consistent is highly recommended, o The turf will react "fast" to most management decisions, especially poor management decisions by not doing maintenance practices consistently and quick enough, • o Itdoes net like to be injured and when it is it will usually recover slowly, after aerification, i.e.,when injured, it can take up to 4-6 weeks to recover. o It becomes injured from dull lawn mowers,e.g.,if"relief grinding"is used. the reels should be"lapped" on•a weekly basis so that they are constantly sharp and they should be ground whenever needed on a year round basis; •• when the reels are not relief ground, they should be ground frequently so • that the reels and bedknifes are constantly sharp. The reels should always cut a piece of paper each morning before mowing begins and the reels should be adjusted as-needed while out mowing on the golf course on a daily basis. o It does not have to be grown on high TDS water, as it can grow properly on perfect quality irrigation water. Extra"salt" does not have to be added, •• • • • TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE . MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION 3 as it acts like a growth regulator to the turf. o The Salts should be managed properly. If Salts are managed before,.during and after managing the turf; it will be successful. o Irrigating deep and infrequently—usually every 4-6 days should be.done at all times. - o Seashore paspalum is a prolific Thatch and Organic Matter producer. o Greens (2- minimum with topdressing attachments) & Fairway (1- minimum) Deep Verticutting Machines, e.g,, Graden, or equal, should be • in the equipment inventory as they will be needed from this point forward. o The nutrients that have the biggest impact on growth and color are Nitrogen (N), Phosphorus (P), Potassium (K), Calcium (Ca), Magnesium (Mg), Iron (Fe), Manganese (Mn) and Zinc (Zn), and to a lesser degree, Copper (Cu), Boron (B) and Molybdenum (Mo). It will always be a • challenge to have the right balance and combination of the above listed • nutrients, o Fertigation, Granular and Sprayable Fertilizers should be used. Granular Fertilizers will produce a smaller leaf blade than liquids, thus granular • • fertilizers should be used more than liquids, especially on the greens and. collars. . o. Scalping usuallyoccurs.from using too much Nitrogen and from lowering the mowing height increments.too fast. • , . o Yellowing discoloration is caused from Calcium imbalance in the soil — • not from a deficiency, i.e., the Calcium to Magnesium balance ratio is not correct.The Calcium to Magnesium Ratio must be kept at 3:1 —or even as high as 5:1 on all playing surfaces all year long., o Consistently available Calcium is the most essential nutrient in the Salinity management strategy, i.e., soil applications to counter excess Sodium and to stabilize the soil structure; soil applications for soil solution availability and turf root uptake; and foliar applications for turf shoot and root uptake and nutritional balance from sprayable products or Gypsum Injector. o Potassium is the most mobile nutrient in the soil. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round—to keep the turf strong and to help reduce disease pressure. o Cytokinin applications of Seaweed,Kelp or Yucca extract products should contain>10% extract for adequate Cytokinin replacement levels and plant responses. o It does not extract"salts" from the soil so when a build-up occurs they • should be deep flushed-out as-needed by rainfall or with irrigation.Salt is a gibberellin inhibitor. o• High levels of Chlorides will block Nitrate uptake, TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC ' CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS. SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -4 • - o Manganese levels will be extremely low in Salt-challenged soils and • ' supplemental applications should be made above and beyond micronutrient packages. • o Hot, dry conditions limit foliar uptake in the plant, but with higher • humidity the foliar uptake will be much better. • o For every 1- inch of Sodium buildup in the soil, a 1- inch flush with irrigation water or rainfall is required to remove it, which is only diluting the surface. Wetting agents do a significant job of helping flush Sodium from the soils. o Billbugs, especially on bunker faces or where turf is weak, could be a problem. o Armyworms will come in during the first year,especially on any imported • • sod, and can get worse as times moves on. o Mole Crickets will be a problem during the first year.or two and then will. • significantly subside after they are chemically treated properly, e.g., Top Choice, Orthane, or equal, and they like to go in the bunker surrounds because they like loose soil.Once the turf is healthy and thick enough they • usually cannot get,through the canopy density and should become less and less of a problem. . _ o Tropical Sod Webworm, Spittlebugs, Bermudagrass Mites, Greenbugs (Aphids)and Grubs can also be a problem. o Seashore Paspalum usually will harbor beneficial predator insects. o Spiral Nematodes will usually hurt the turf at the 4Y2 threshold levels, or . higher. • ' o Spiral and Root-Knot Nematodes are Salt tolerant.Lance,Sting, Sheathoid and Ring Nematodes can also be harmful. Test• regularly/annually for • Nematode count and thresholds. Curfew, Turfcare 376 and Nemacur are chemical cures, o Proxy &Trimmit Growth Retardants will not suppress growth—only the seed heads.Primo Growth Retardant shuts down the growth—but it,has no affect on seed heads. • o It is normal to have minimalor no visible dew each morning. • GREENS&.COLLARS: • • • Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. o Mower Type & Rollers: Six- (6) Toro Flex 21 Floating Head Walk-Behind Greens Mowers, Or Equal, With Whiele Tournament Rollers used Year Round. Cleanup • • • • TERRY BUCHEN, CGCS,MG .GOLF AGRONOMYIN'TERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION -5 - Laps Mowed with Two- (2) Walk Behind Greens Mowers with Solid Rollers Year Round, With Roller Scrapers,Year Round. • • . Groomers & How Often: All Six- (6) Toro Flex 21 Floating Head Walk-Behind • Greens Mowers, Or Equal, Equipped With Groomers. Grooming/Slicing Should Be Done 3-5 Times Per Week During The Summertime By Varying Their Depth As Necessary&Appropriate.As Needed During The Wintertime. • to Mowing Height: • + Summer: .125—.100-Inches. P Winter: .125—.100-Inches. • • Mowing Directions:Seven-(7)Different Directions. • + Mowing Frequency: Summer: Seven-'(7) Days Weather Permitting; Double Cut 1-2 Times Per Week. Winter: Seven- (7) Days Weather Permitting; Double Cut 1-2 Times Per Week.. , + Grass Clipping Disposal& Where: Dispose of in Trash.Dumpster. e Stimpmeter Reading: + Summer: 9-10 Feet;9-Foot Minimum Speed. • + Winter; 9.10 Feet; 9-Foot Minimum Speed. + Aerified: + Aerifier Tvpe.&Quantities:Two- (2)Walk-Behind Greens Aerifiers. + How Often:Three-(3)Times Per Year;May,July,September. + Coring•Size: %-Inch Diameter Coring Tines Only. • Aerifier Plug: Physically Remove Aerifier Plugs From Green Surface. Fill Aerifier•Holes With Topdressing. + Hydroject: One- (1) Toro Hydroject Aerifier; One- (1) Time Per Month Year Round. • ► Topdressing: + Routine Topdressing:One-(1)Time Every Week Year Round;Using Original Tested &Approved Greensnvx or Original Tested&Approved Straight Sand. + Fill Aerifier Holes with Topdressing & What Kind; Yes; Using Original Greensmix or Original Straight Sand. • j , TERRY BUCHEN,CGCS,MG GOLF AGRONOMY 1NTERTIONf1L, LLC -- - - NACITY OF MIAMI BEACH,FLORIDA• NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS • SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -6 9 Topdressing Equipment & Quantities:. Two- (2) Truckster Mounted J Topdressing Machines, 4 Drag In Topdressing: Use One- (1) Inch Square Mesh Steel Or Cocoa Drag Mat Measuring 6' x 8'. o Spiking: • How Often:One-(1)Time Per Month Year Round;Topdfess Afterwards. ® Type Spiker&Quantity: One-(1)Set Triplex Greens Mower Mounted Spiker Attachments. • Light Verticuttina: • How Often: Every 7-14 Days March Through. November Followed By Topdressing. o Direction(s):Pour-(4). • Type Verticutter & Quantity: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments With Grass Catchers. 0 Brushing: • • How Often:Every Other Week During Summer;Monthly During Winter. R Type Brush & Quantity: Six- (6) Brush Attachments Mounted On All Walk Behind Greens Mowers. ® Tournament Roller: • How Often:Six-(6)Times Per Week. • • Type &Quantity:Two-(2) Side-To-Side Tournament Speed Rollers. • • Growth Retardants: • How Often: Should Be Applied Every Week During The Summer At Up To 7-Ounces Per Acre;Up To 6.5-Ounces Per Acre During The Wintertime,By Following All Label Directions. (The Turf Can Handle Up To 10-Ounces Per Acre Per Week During The Summertime,By Following All.Label Directions.) e Chemical Used:Primo. • Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended Application Rate &Application Intervals Year Round Per Label Directions. • poa Annua Control Measures: o How Often:As Needed By Following All Label Directions, ® Chemical Used:Kerb Herbicide,Or Equal. + Diseases: • • TERRY BUCHEN, CGCS,MG GOLF_AGRONOMY.NTERNATIONAL,LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MTNIIVTUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION 7- ® Integrated Pest Management(IPM)Program:Yes, ® Preventative Program:As Needed. • 4 Curative Action:As Needed. e 0 Weeds: • o Program: Post Emergence — Hand Pick First Priority Or Herbicides As Needed By Following All Label Directions. • • o Pre-Emergence Herbicides &Program:Not Needed. o Nematodes & Program: Testing For Nematodes Two- (2) Times Annually; Preventative& Curative Program As Needed By Following All Label Directions. 4 Mole Crickets & Program: Chipco Choice Or Chipco Top Choice Curative Program As Needed By Following All Label Directions. 4 Fertilization: e Program: Following All Soil, Testing Laboratory Recommendations For All Major&Minor Nutrients. Nitrogen Levels Should Be Kept At 4-4.5-Pounds Actual Nitrogen Per 1,000- Square Feet Per Year.The Potassium levels must be kept high— 2-4 pounds actual Potassium per.1,000-square feet per month year round—to keep the turf strong and to help reduce disease pressure. • e Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square.Feet On A Weekly • Basis. • Fertigation: As Needed.As A Supplement Up To 50% Of The Total Fertilizer Required. • e Liming:As Needed. 4 Sulfur:As Needed. e Soil Testing&Frequency:Four-(4)Times Per Year. A Thatch&Organic Matter Levels:No More Than %.Inches Thick. e Watering Practices:Use Probes To Check Soil Moisture; Water Deep &Infrequently Whenever Possible—Every 3-4 Days In Summer If Possible. • 4 Hand Watering As Needed. • • e Spikeless Golf Shoe Policy: Yes. e When Initiated:At Grand Opening Of New Golf Course, . • I • • • TERRY BUCHEN, CGCS,MG GOLFAGRONOMYNTERtVATIONAL,LLC _ CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION 8 o Overseedina Winter Program:None. ® To produce proper greens speeds for the tournament and for everyday play, the following should occur: • o Canopy density is critical: 4 Surface stolins should be groomed and lightly verticut. Do not cut too deep to remove any rhizomes.. o Grooming should occur regularly. • ® Brushing should occur regularly with soft or medium textured brushes, o Granular fertilizers will produce a•smaller leaf blade versus liquids. 4 Watering schedules deep and infrequently every 4-6 days. • Tournament Speed Roller on a daily basis, ' ' • Primo Growth Retardant use on a weekly basis: o Mowing Height—lowered gradually sb there is no injury. 4 Topdressing on a weekly basis. 4 Collars: 4 Grass Type:Georgia Certified Sea Isle Supreme Seashore Paspalum. • e` Mowing Height: .500-Inches--Same As Fairways—Year Round. • Width:Thirty-(30)Inches Wide. 4 Mower Quantity,.Type&Rollers:Two- (2)Toro Flex 21 Floating Head Walk Behind Greens Mowers, Or Equal, With Whiele Front Rollers — Use Solid Front Rollers If Wear Pattern Exists. + Mowing Frequency:Three-(3)Days Per Week(MWF). 4 Mowing Direction:Both Directions. 4 Aerification:Same As Greens. • 4 Topdressing: Same As Greens, o Light Verticutting:Same As Greens. • s Fertiliity:•Same As Greens, • 4 Miscellaneous Maintenance Practices:Check For Proper Width As Needed. 4 Hole Locations: ' 4 Changed How Often:Seven-(7)Days Per Week Year Round. • Chart or System Used: 9-Position Hole Location Chart For Each Green. o Cups: ' • o Type:Metal Only. + Painted&Exchanged How Often:Every Other Week Year Round. • • • TERRY SUCHEN, CGCS,MG - - GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA • NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION • -9- Flagsticks: • + Height:Eight-(8)Feet. • Diameter: 4-Inch. • o Color:Florescent Yellow Tournament Flagstick. o Made Of:Fiberglass. e Ferrule:Notched, o Manufacturer:Par Aide or Standard, 4 Hole Location System: Red, White & Blue Different Colored Flags Designating Front,Middle&Back Hole Locations,Respectively. • Flags:, e Color:Red,White and Blue. o Made Of:Nylon. d Logo:Embroidered On One-(1)Side. TEEING GROUNDS: • o Grass Type:Georgia Certified•Sea Isle Supreme Seashore Paspalum.. ® Mower Ouantities, Type & Rollers: Two- (2) Triplex Greens Mowers With Whiele Tournament Front Rollers & Solid Rear Rollers, With Roller Scrapers, Year Round, Use Solid Front Rollers If Wear Pattern Exists. • Mowing Height: + Summer: .500-Inches, o Winter: .500-Inches. • ® Mowing Directions:Four-(4), Crosscutting One-(1)Time Per Week. o Mowing Frequency: + Summer: Three-(3)Days Per Week(MWF). o Winter:Three-(3)Days Per Week(MWF). ® Grass Clipping Removal: • Grass Catchers Used: Yes—Year Round.Disposed Of Properly. • .Aerified: * How Often:Three-(3)Times Per Year During May,July& September. • TERRY BUCHEN, CGCS,MG _ _ __ .—__...___ GOLFAGRONOMYINTERNATIONAL, LLC______ CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,.DIRECTOR OF PARKS AND RECREATION 10 Aerifier Tines&Size:3/4-Inch Diameter Coring Tines Only. o Aerifier Plugs: Physically Remove Aerifier Plugs From Tee Surface. Fill Aerifier Holes.With Topdressing. o Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes, ® Topdressing: • o How Often:Every Other Week Year Round, o Laser Leveled: One-(1)Time Per Year Heavily During Summer Months Only With Tested&Approved Straight Sand. ' o Type: Same Tested&Approved Straight Sand.Only As Used In Original Tee Mix. o Fill Aerifier Holes with Topdressing & What Kind: Yes; Same Tested & Approved Straight Sand Only As Used In Original Tee Mix; o . Topdressing Equipment & Quantities: Two- (2) Truckster Mounted Topdressing Machines. • Drag In Topdressing: Use One- (1) Inch Square Mesh Steel,Or Cocoa Drag Mat Measuring 6',x 8'. I • Tee Yardage Plaques Mounted Below Turf Surface: © Edged How Often:Every Other Week Year Round. • Spiking:. o How Often;One-(1)Time Per Month Year Round;Topdressing Afterwards. o Type Spiker: One- (1) Set Triplex Greens Mower Or Riding Bunker Rake Mounted Spiker Attachments. ® Verticutting: o How Often:Two- (2) Times Deeper During Summer(June & August);Every Other Week Routine Light Verticutting Year Round. + Type Verticutter: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments With Grass Catchers. • Soil Added To Divots: o Frequency & Soil Type: Seven- (7) Days Per Week Year Round; Straight • Sand-Same Tested&Approved Straight Sand Used In Tee Mix. o Soil Only Bottles on Golf Carts:Yes;Two-(2-)Per Golf Cart. o Soil Only Containers on Par 3's:Yes; Adjacent To Every Set Of Tee Markers.' o Growth Regulator: • TERRY BUCHEN, CGCS,MG • _ GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2003 MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION - 11 - How Often: Every Three- (3) Weeks March Through November Following All Label Directions. o Chemical Used:Primo. • is, Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended Application Rate&Application Intervals Year Round Per Label Directions. • o Diseases: o 1PM: Yes, o Preventative Program: As Needed. o Curative Program:As Needed, . o Weeds&Program: P Post Emergence Program: As Needed With Proper Herbicides Following All Label Directions As Golf Course Must Be Weed Free Year Round. o Pre-Emergence Herbicide(s) & Program: Spring and Fall; Ronstar, Alternating With Dimension Or Barricade—Following All Label Directions. m Poa Annua Control Measures: ' • • + How Often.:As Needed.• . + Chemicals Used:Kerb Herbicide, Or Equal,Following All Label Directions. • o Nematodes &Program:Nematode Testing Two- (2)Times Annually;Preventative& Curative Program As Needed By Following All Label Directions. o Mole Crickets & Program: Chipco Choice Or Chipco Top Choice As Needed By Following All Label Directions. • 4 Fertilization: s Program: Following All Soil.Testing Laboratory Recommendations For All • Major & Minor Nutrients, Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels • should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reducedisease • pressure. o Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet Every Other Week. o Fertigation:As Needed Up To 50% Of Total Fertilizer Required. • • TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL.LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 12 RE. • Liming:As Needed. ® Sulfur:As Needed. • Soil.Testing&Frequency: Four-(4)Times Per Year. + Thatch &Organic Matter Levels:No More Than %z-Inch Thick. Watering Practices:Deep and Infrequently To Promote A Good Root System—Every 3-4 Days Or As Needed. + Hand Water:As Needed. • o Tee Markers:' ® Changed How Often:Seven-(7)Days Per Week Year Round. • 9 • Overseeding Winter Program:None• • FAIRWAYS.&APPROACHES: o Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. - 4‘, Mower Quantity,Type & Rollers: Three-(3)Five- (5)Plex Medium Weight Fairway Mowers With Whiele Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round, 9 Mower Used For Cleanup Laps&Frequency Used:Same Mower If No Wear Pattern Exists; Triplex Greens Mower With Solid Front Rollers If Wear Pattern Exists Anytime Year Round. .. • • 9 Mowing Height: , 9 Season: .500-Inch Year Round. 9 Mowing Direction: • - 9 Fairways:Four- (4);Cross Cut One-(1)Time Per Week Year Round. 9 Mowing.Frequency: o Summer:Three-(3)Days Per Week(MWF). 9 Winter:Three-(3)Days Per Week(MWF). TERRY BUCHEN, CGCS,MG _ _ GOLF AGRONOMYINTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA • NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,.DIRECTOR OF PARKS AND RECREATION 13 • ® Grass Clippings: Use Nets On All Three- (3) Fairway Mowers To Drag In Grass Clippings. o Grass.Catchers Used:No, ® Aerified: • • How Often:Three-(3)Times Per Year(May,July&September). , _ • Aerifier Tines & Size: 3/4- Inch Diameter Coring Tines Only:Fill Aerifier Holes With Tested &Approved Straight'Sand Topdressing. m Aerifier Plug: Physically Drag Aerifier Plugs Into Fairway Surface; Blow Off Plugs Onto Edges And Remove With Vacuum/Sweeper, • Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. o Topdressing: ® How Often:Three- (3)Times(May,July&September)Per Year Immediately After Aerification. ® Thickness: 3/8-Inch Minimum Thickness.For Each Topdressing Application. o Fill Aerifier Holes with Topdressing:Yes—With Tested&Approved Straight • Sand Material, o Sand Type: Use Tested & Approved Florida DOT Specification Topdressing Sand,Or Equal, m Topdressing Machine: One- (1) .Large. Capacity Fairway Topdressing Machine. Drag In Topdressing: Use One- (1) Inch Square Mesh Steel Drag Mat - Measuring 6'x 8'. o Spiking:, o How Often:Every Other Month Year Round. • Type Spiker & Quantity: One- (1) Three Point Hitch Or Tow Type Large Area Fairway Spiker. ® Verticutting: How Often: One- (1) Heavy Verticutting In May Every Year In Conjunction With Fairway Aerification Followed By Topdressing. • -Type Verti-cutter: One- (1) Set Five Plex Fairway Mower Mounted Verticut Units Or Contracted Out. 4 .Growth Regulators: J • • TERRY BUCHEN, CGCS, MG _GOLFAGRONOMYIJVTERNATZONAL, LLC CITY OF MIAMI BEACH,FLORIDA • NORMANDY SHORES GOLF COURSE MAINTENANCE&Iv1INIivfUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 • MR.KEVIN SMITH;DIRECTOR OF PARKS AND RECREATION 14- How Often: Every 3- Weeks March Through November Following All Label Directions. 4 Chemical Used:Primo. Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended Application.Rate&Application Intervals Year Round Per Label Directions. • Diseases: + IPM: Yes. • • Preventative Program:As Needed, 4 Curative Program:As Needed. 0 Weeds: ♦ Program; Post Emergence Herbicides As Needed By•Following All Label Directions;Golf Course Must Be Completely Weed Free Year Round. 4 Pre-Emergence Herbicide Program: Spring and Fall Only; • Ronstar, Alternating With Dimension Or Barricade By Following All Label Directions. # Nematode Program: Test For Nematodes Two- (2) Times Annually; Preventative & Curative As Needed By Following All Label Directions. a Mole Cricket Program: Chipco Choice Or Chipco Top Choice Program By Following All Label Directions, B6 ® Poa Annua Control Measures: . 4 How Often:As Needed By Following All Label Directions, m Chemical Used:Kerb Herbicide,Or Equal, • Fertilization: 4` _Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square. Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. m Fertigation:As Needed For Up To 50% Of Total Fertilizer Required, •a TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDEDSTANDARDS SEPTEMBER,2007 • MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 15- Liming:As Needed. d Sulfur:As Needed. a 'Soil Testing&Frequency:Four-(4)Times Per Year. ® Thatch&Organic Matter Levels:'/a-Inch Maximum. o Watering Practices:Deep and Infrequently To Promote A Good Root System—Every 3-4 Days.Or As Needed. a Hand Water:As Needed. a Overseeding Winter Program:None. • a Soil Added To Divots: ' a How Often: Every Other Week During Winter; One- (1) Time Per Month During Summer. a Drag Dew in Mornings: ,v Frequency:Seashore Paspalum Does Not Normally Produce Any Dew. 9 Sprinkler Head Yardage: a Edging Program:Every Three-(3)Weeks Year Round. 0 Yardage Markers: a Edging Program:Every Three-(3)Weeks Year Round. • Approaches: • Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. • Mowing Height: .500-Inch—Same As Fairways—Year Round. 4 How Far In Front Of Green Is Approach Mowed:Varies With Each Golf Hole. 9 Mower Quantity,Type&Roller:Two-(2)Triplex Greens Mowers With Whiele Front Rollers and Solid Rear Rollers, With Roller Scrapers—Use Solid Front Rollers If Wear Patterns Exist. a Mowing Frequency:Three- (3)Days Per Week(MWF). a Mowing Direction(s):Four-(4),Cross Cutting One-(1)Time Per Week. a Aerification:Same As Fairways. o Toodressing: Same As Fairways. a Light Verticutting:Same As Tees. • • TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC – –— CITY OF MIAMI BEACH,FLORIDA------ NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION . - 16- • • Fertility:Same As Fairways. + Miscellaneous Maintenance Practices:Hydroject Aerified As Needed. ROUGHS: 4 Grass Type:Georgia Certified Sea Isle Supreme Seashore Paspalum, • • Mower Types: One- (1) 12- Foot Wide Three- (3) Deck Rotary Mower; Two- (2) Utility Triplex Mowers With Whiele Front Rollers;.One- (1) 72-88- Inch Wide Out Front Contour Type Rotary Mower;Five- (5)Flymo Type Rotary Mowers;Five- (5) String Line Trimmers. 0 Mowing Height: I%"-1%a". ® Mowing Direction:Randomly. • • Mowing Frequency: One- (1) Time Per Week Minimum– Spot Mow Second Time Each Week As Needed Year Round. o Grass Clipping Disposal&Where:None Required. o Aerified: 4 How Often:Two-(2)Times Per Year(May&August. • Aerifier Tines&Size:3/4-Inch Diameter Coring Tines Only. • Aerifier Plug: Physically Drag Aerifier Plugs Into Roughs Surface And Remove Debris With Vacuum/Sweeper, • Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • • Topdressing: , • How Often:None. • Spiking: • How Often:One- (1)Time Quarterly Year Round. • Type Spiker: One- (1) Three Point Hitch Or Tow Type Large Area Fairway/Rough Spiker. O Verticutting: • 1 TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC — — _ CITY OF MIAMI BEACH;-FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR,KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION 17- o How Often: One- (1)Heavy Verticutting In May Every Year Same Time As Fairways. - o Type Verti-cutter: One- (1) Set Five Plex Fairway Mower Mounted Verticut Units Or Contract Out. o Diseases: ' o. IPM:Yes. o Preventative Program:As Needed, o Curative Program:As Needed. , , • e Weeds: ' ® Program: Post Emergence Herbicides As Needed By Following All Label Directions;Golf Course Must Be Completely Weed Free Year Round. o Pre-Emergence Herbicide Program: Spring and Fall Only; Ronstar, Alternating With Dimension Or Barricade By Following All Label Directions. o Nematode Program: Test For Nematodes Two- (2) Times Per Year; Preventative & Curative As Needed By Following All,Label Directions. o Mole Cricket Program: Chipco Choice Or Chipco Top Choice By Following All Label Directions. o Poa Annua Control Measures: o How Often:As Needed By Following All Label Directions. o Chemical Used:Kerb Herbicide,Or Equal. to Fertilization: 1 • Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. o Fertigation:As Needed. rr • 11 F'7• o Liming:As Needed. • o Sulfur:As Needed.• o SoilTesting&Frequency:Four-(4)Times Per Year. • • r � iS TERRY BUCHEN, CGCS,MG _ _ GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI•BEACH,FLORIDA NORMANDY-SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS. SEPTEMBER,2007 MR.KEVia 1 SMITH,DIRECTOR OF PARKS AND RECREATION - I8- o Thatch&'Organic Matter Levels:One-(1)Inch Maximum. • a Watering.Practices:Deep And Infrequently To Promote A Good Root System. o Hand Water:As Needed. o Overseeding Winter Program:None. o Soil Added To Divots: o How Often:.One- (1)Time Per Month Year Round. o Sprinkler Head Yardage &Edging Program: Same As Fairways.' • WALK PATHS: • o Location,: Between Front of Championship Tees Connecting Each Tee and Proceeding To The Beginning of Each Fairway. o Width:6-8 Feet Wide. • Mower Quantity, Type & Rollers: Same Two- (2) Riding Greens Mowers Used For Tees. • Mowing Height: .500-Inch Year Round. • o Mowing Frequency:Three-(3)Days Per Week(MWF). o• Mowing Direction: Alternating Back And Forth. + All Other Maintenance.Practices:Same As Fairways. • . i SHORT ROUGH—INTERMEDIATE CUT OF ROUGH: o Location:One Mower Width Around The Entire Fairway And Greens Areas. o Width: 6-8 Feet Wide, ® Mower Quantity, Type & Rollers: Two- (2) Utility Triplex Mowers With Whiele Front Rollers. • o Mowing Height: One-(1)Inch Year Round. • m Mowing Frequency:Three-(3)Days Per Week(MWF). o Mowing Direction:Alternating Clockwise and•Counter Clockwise. • All Other Maintenance Practices: Same As Roughs. • • • • TERRY BUCHEN, CGCS,MG GOLFSIGRONaYiYiNIERNttTIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE &MINIMUM EQUIPMENT NEEDED STANDARDS. SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION - 19- BUNKERS: • • + Bunker Rakes: 4 Manufacturer:Accuform Tournament Rake, Or Equal. o Average Per Bunker:3—Placed Approximately Every Twenty-(20)Feet. + Where Are Bunker Rakes Placed: Outside Of Bunker, o Mai or Edging: - o How Often: One-(1)Time Per Month Year Round, • Type Edger:Side Walk Edger Blade On String Line Trimmer Or Reciprocator Edging Machine. ® Routine Edging: ® How Often:One-(1)Time Per Week. + Type Edger: Five- (5) String Line Trimmers For Roughs — With Trimming Head Upside Down During Edging, 0 Sand Depths: • Slopes;Two-(2)Settled Inches, • Bottoms: Four-(4)Settled Inches. 4 How Often Depths Checked: Two- (2) Times Per Year Minimum During Summer Months&After-Hurricanes As Needed. a When To Add Sand:From May Through October Only. ® Raking: o Frequency: Seven-(7)Days Per Week Year Round. ! o• Riding Bunker Rake & Quantities: Two- (2) All Wheel Drive Three- (3) Wheeled Bunker Rakes. • • Hand Rake Edges:Yes; With Metal Leaf Rakes. ' + Modification of Riding Bunker Rake: Adjust Teeth As Needed To One- (1) Inch Maximum Depth. e 2"Lip Facing Green.Only:Yes, So Golfers Do Not Putt Out Of Bunkers. • Raked Up To Edge Everywhere Else On Greenside&Fairway Bunkers:Yes. ® Stones or Foreign Debris:Remove Weekly As Needed Year Round, Weeds&Program:Remove On Weekly Basis Year Round. • 4 Turf Surrounding Bunker Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. 4 Bunker Faces-How Mowed&Frequency:Flymos&String Line Trimmers; 1- Time Per Week; Spot Mow A Second Time As Needed. • Bunker Surrounds-How Mowed &Frequency: Two-(2)-Triplex Utility Rough Mowers; 1-Time Per Week; Spot Mowed A.Second Time As Needed. • • ff TERRY BUCHEN, CGCS, MG GOLFAGRONOMY NTERNATIONAL,LLC CITY OF MIAMI BEACH,FLORIDA , NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER, 2007 • • MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -20- DRIVING RANGE TEE: • Grass Type:Georgia Certified Sea Isle Supreme Seashore Paspalum. o Mower Quantities, Type & Rollers: Two- (2) Triplex Greens Mowers With Whiele Tournament Front Rollers &Solid Rear Rollers,With Roller Scrapers,Year Round, 0 Mowing Height: o Summer: .500-Inch. + Winter:.500-Inch. • Mowing Directions:Four- (4), Crosscutting One-(1)Time Per Week. + Mowing Frequency: + Summer:Three-(3)Days Per Week(MWF). o Winter:Three-(3)Days Per Week(MWF). + Grass Clipping Removal: + Grass Catchers Used: Yes—All Year Round. • Where Disposed:Trash Dumpster. ' + Tee Yardage Plaques Mounted Below Turf Surface: + Edged How Often:Every Other Week Year Round. • • Aerified: • + How Often:Three-(3)Times Per Year May,July&September. + Aerifier Tines&Size:3/4-Inch Diameter Coring Tines Only. • • Aerifier Plug: Physically Remove Aerifier Plugs From Tee Surface, Fill Aerifier Holes With Tested&Approved Straight Sand Topdressing. + Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center . Aerifier Holes. • ® Topdressing: • + How Often:Every Other Week Year Round. • e Laser Leveled: One- (1) Time Heavily Per Year During Summer Months Only. + Straight Sand: Same Tested & Approved Straight Sand As Used In Original . Tee Mix. • TERRY BUCHEN, CGCS,MG GOLFAGRONOMYINTERNATIONAL,.LLC CITY OF MIAMI BEACH,FLORIDA — NORMANDY SHORES GOLF COURSE. MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH, DIRECTOR OF PARKS/AND RECREATION -21 - e Fill Aerifier Holes with Topdressing & What Kind: Yes; Same Tested & Approved Straight Sand As Used In Original Tee Mix. ® Spiking, ® How Often: One-(1)Time Per Month Year Round;Topdressing Afterwards. o Type Spiker: One- (1) Set Triplex Greens Mower Or Riding Bunker Rake Mounted Spiker Attachments, ® Light Verticutting: s How Often: Two- (2)Times Heavily During Summer(June&August);Every Other Week Year Round, ® Type Verticutter: One-(1)Set Triplex Greens Mower Verticut Attachments. * Soil Added To Divots: a Frequency & Soil Type: Seven- (7)Days Per Week Year Round; Straight Sand-Same Sand Used In Original Tee Mix. • Diseases: • 1PM:Yes, • Preventative Program:As Needed. • Curative Program:As Needed, v Growth Regulator: 40 How Often: Every 3- Weeks March,Through November Following All Label Directions. • Chemical Used:Primo, • Wetting Agents: Apply Cascade Wetting Agent, Or Equal, At The Recommended • Application Rate&Application Intervals Year Round Per Label Directions,' o Weeds &Program: • Pre-Emergence Herbicides) & Program: Spring and Fall; Ronstar, Alternating With Dimension Or Barricade—Following All Label Directions. o Poa Annua Control Measures: • How Often:As Needed Following All Label Directions. • Chemicals Used:Kerb Herbicide, Or Equal. • m Nematodes & Program: Testing For Nematodes Two- (2) Times Per Year; ti Preventative&Curative Program As Needed By Following All Label Directions. • • • TERRY BUCHEN, CGCS,MG GOLF AGRONOMY INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION • -22- 4 Mole Crickets & Program: Chipco Choice Or Chipco Top Choice As Needed By Following All Label Directions, o Fertilization: Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5-Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per month year round — to keep the turf strong and to help reduce disease pressure. o Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. ® Fertigation: As Needed. _4 • pH + Liming:As Needed, 4 Sulfur:.As Needed. • Soil Testing&Frequency:Four-(4)Times Per Year: • Thatch&Organic Matter Levels:No More Than V2-Inch Thick. + Watering Practices:Deep and Infrequently To Promote A Good Root System., . 4 Hand Water:As Needed. Tee Markers o. Changed How Often: Seven-(7)Days Per Week Year.Round. 4) Overseeding Winter Program:None, • • DRIVING RANGE FAIRWAY: • r . 4 Grass Type: Georgia Certified Sea Isle Supreme Seashore Paspalum. 4 Mower Quantity,Type&Rollers: Three- (3)Five- (5).Plex Medium Weight Fairway • Mowers With Whiele.Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round. • TERRY BUCHEN, CGCS,MG • -- GOLF AGRONOilf INTERNATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA • NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -23 - o Mower Used For Cleanup Laps&Frequency Used: Same Mower If No Wear Pattern Exists; Triplex Greens Mower With Solid Front Rollers If Wear Pattern Exists Anytime Year Round. ® Mowing Height: + Season: .500-Inch Year Round. ' + Mowing Direction: + Fairways;Four-(4); Cross Cut One-(1)Time Per Week Year Round. ♦ Mowing Frequency: + Summer:Three-(3)Days Per Week(MWF). + Winter:Three-(3)Days Per Week(MWF). + Grass Clippings: Use Nets On All Three- (3) Fairway Mowers To Drag In Grass Clippings. + Grass Catchers Used:No. • • + Aerified: $ .How,Often:Two-(2)Times Per Year—May&August. ♦ Aerifier Tines&Size:3/4-Inch Diameter Coring Tines Only. • + Aerifier Plug: Physically Drag Aerifier Plugs Into Fairway Surface; Blow Off Plugs Onto Edges And Remove With Vacuum/Sweeper. + Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. + Topdressing:None. + Growth Regulators: e How Often: Every 3- Weeks March Through November Following All Label Directions. + Chemical Used:Primo. • ♦ Diseases: 4 IPM:Yes, ♦ Preventative Program:As Needed. 4 Curative Program:As Needed, j a Weeds: ♦ Program: Post Emergence Herbicides As Needed; Golf Course Must Be • Completely Weed Free Year Round. � I TERRY BUCHEN, CGCS,MG GOLF A.GRONOMYINTERVATIONAL, LLC _ --- CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -24- • • Pre-Emergence Herbicide Program: Spring and Fall Only; Ronstar, • Alternating With Dimension Or Barricade By Following All Label Directions. • Nematode Program: Test For Nematodes Two- (2) Times Per Year; Preventative & Curative As Needed By Following All Label Directions. • Mole Cricket Program: Chipco Choice Or Chipco.Top Choice Program By Following All Label Directions. • Poa Annua Control Measures:Kerb Herbicide, Or Equal,As Needed Following All Label Directions ® Fertilization: • Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per 1,000- Square Feet Per Year. The Potassium levels should be kept high—24 pounds actual Potassium per 1,000-square feet per month year round — to •keep the turf strong and to help reduce disease • pressure. • Chelated Iron'Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis, • o Fertigation:As Needed. 01,o Liming:As Needed. o Sulfur:As Needed. • • Soil Testing&Frequency:Two-(2)Times Per Year. � 1 . • Watering Practices:Deep and Infrequently To Promote A Good Root System. 0•verseeding Winter Program:None. . DRIVING RANGE ROUGHS: • Grass Type:Georgia Certified Sea Isle Supreme Seashore Pas alum. P • C ! • TERRY BUCHEN, CGCS,MG • - -- — GOLF AGRONOMYNTERNATIONAL,_LLC _ CITY OF MIAMI BEACH,FLORIDA - NORMANDY SHORES GOLF COURSE • MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -25 o ' Mower Types: One- (1) 12- Foot Wide Three- (3) Deck Rotary Mower; Two- (2) Utility Triplex Mowers With Whiefe Front Rollers; One- (I) 72-88- Inch Wide Out Front Contour Type Rotary Mower; Five- (5)Flymo Type Rotary Mowers; Five- (5) String Line Trimmers. • Mowing Height: 1%"-1%". 0 Mowing Direction:Randomly. r d Mowing Frequency: One- (1) Time Per Week Minimum - Spot Mow Second Time. As Needed Year Round. • • • Grass Clipping Disposal&Where:None. • e Aerified: • o How Often:Two-(2)Times Per Year-May&August. o Aerifier Tines& Size.:3/4-Inch Diameter Coring Tines Only. Aerifier Plug: Physically Drag Aerifier Plugs Into Roughs Surface And Remove Debris With Vacuum/Sweeper. o Aerifier Type: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. • Topdressing: + How Often:None. • o, Diseases: • o IPM: Yes. + preventative•Program:As Needed, • Curative Program:As Needed. • ' I • Weeds: o Program: Post Emergence Herbicides As Needed; Golf Course Must Be Completely Weed Free Year Round, ® Pre-Emergence Herbicide Program: Spring and Fall Only; Ronstar, Alternating With Dimension Or Barricade By Following All Label Directions, • Nematode Program: Curative As Needed. • a Mole Cricket Proaram: Chipco Choice Or Chipco Top Choice By Following All Label Directions, TERRY BUCHEN, CGCS,MG GOLF AGRONOMYINTERIVATIONAL, LLC CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE 'MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR. KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -26 - • ® Poa Annua Percentage: Poa Annua Control Measures: Kerb Herbicide, Or Equal, As Needed $y Following All Label Directions. Fertilization: Proeram: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. Nitrogen Levels Should Be Kept At 4-5- Pounds Actual Nitrogen Per.1,000- Square Feet Per Year. The Potassium levels should be kept high—2-4 pounds actual Potassium per 1,000-square feet per • month year round — to keep the turf strong and to help reduce disease pressure. • Chelated Iron Sulfate: 6-10- Ounces Per 1,000- Square Feet On A Weekly Basis. Fertization:As Needed. Liming:As Needed, • e Sulfur:As Needed. • Shit Testinz&Frequency:Two-(2)Times Per Year. 4 Watering Practices; Deep And Infrequently To Promote A Good Root.System, • Overseeding Winter Program;None, • PRACTICB+ PUTTING GREEN(S)AND CHIPPING GREEN: e Maintenance Practices:Maintained Exactly Like The Regulation 18- Greens On The Golf Course. • e Hole Locations:Changed Two To Three-(2-3)Times Per Week. • Putting Green Practice Markers &Cups:Nine-(9)Minimum;Metal Only. e Chipping Greens Flagsticks:Three-(3)Using Same Specifications As For Regulation 18- Greens. TERRY BUCHEN,CGCS,MG • _ GOLF AGRONOMVIYINTERNATIONAL, LLC- • CITY OF MIAMI BEACH,FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS SEPTEMBER,2007 MR.KEVIN SMITH,DIRECTOR OF PARKS AND RECREATION -27- PRACTICE BUNKERS: Maintenance Practices:Maintained Exactly Like The Bunkers On The Regulation 18- Holes On The Golf Course. BRIDGES &BI"TL ADING: m Bridges & Bulkheading Wooden Surfaces: Al! Wooden Surfaces Must Be Treated With The Highest Quality Rated Wood Preservative Per Consumer Reports Magazines Recommendations One-(1)Time Per Year. o Separate Walking Surface For Soiketess Golf Shoe Technology?Minimum Three- (3) ' Foot Wide Anti Slip Rubberized Surface Required On All Bridge Surfaces. CART PATHS: • 4, Edged How Often:One-(1)Time Per Month Year Round. Sweep Entire Surfaces:As Needed For Clean Appearance. j ® Curbing Frequency of Edging:One-(1)Time Per Month Year Round. Sealer Used:If Asphalt Surface,Must Seal All Cart Paths Every Two-(2)Years. o Yardage Information on Cart Paths: Clean &Paint As Needed For Crisp Appearance. - • DRAINAGE: ' � 4 ® Catch Basins: Edged Every Three- (3) Weeks Year Round With Bunker Edging Equipment. • • S TERRY BUCHEN, CGCS, MG GOLF AGRONO1IJYINTERNATXONAL, LLC CITY OF MIAMI BEACH, FLORIDA NORMANDY SHORES GOLF COURSE MAINTENANCE&MINIMUM EQUIPMENT NEEDED STANDARDS ' SEPTEMBER,2007 MR.KEVIN SMITH, DIRECTOR OF PARKS AND RECREATION -28- IRRIGATION SYSTEM: . Irrigation Technician;One- (1)Full Time Year Round Employee Who Must Check • Each and Every Sprinkler Head That It Is Operating And That It Is Turning Every Other Week Year Round. LASS: • ® White.Amur Fish: Yes; 50- Fish Per Surface Acre In All Golf Course Lakes Added When Golf Course Opens For.Initial Play After Obtaining All Necessary Permits Required) 4 Lake Maintenance Contracted Out: Administered By Golf Course Superintendent & Management Company. e Who Is Licensed To Perform Lake.Maintenance:Lake Maintenance Company.. TRF NURSERIES: Maintenance Practices:Must Be Maintained Exactly Like The Greens,Tees, Fairways and Roughs On The Regulation 18-Holes On The Golf Course. • - TREES: . • . • o Maintenance Practices:All Trees Must Be Free Of Disease and Harmful Insects.Tree Trimming Must Be Done As Needed For Golfer/Employee Safety & Aesthetics, Either In-House Or Contracted Out. Fertilization Must Be Done On An As-Needed Basis, - i Exhibit "C-1" Concession Agreement for Food and Beverage and Pro Shop Merchandise Sales • For the Miami Beach Golf Club • • • • • • ,• . . ,. • • • • • • • 41 • ) • • • . • _ . Exhibit "C-2" Concession Agreement for Food and Beverage and Pro Shop Merchandise Sales For the Normandy Shores Golf Club • • • • • ,• • • • • I • . . • • • . , 42 CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND PROFESSIONAL COURSE MANAGEMENT.II, LTD FOR FOOD AND BEVERAGE AND PRO SHOP MERCHANDISE SALES AT THE MIAMI BEACH GOLF CLUB THIS AGREEMENT, made and executed on this 30 day ofdCAkt , 2013, by and between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of the State of Florida (hereafter called "City"), and PROFESSIONAL COURSE MANAGEMENT II, LTD, a Florida limited partnership, with offices at 10500 Pembroke Pines, Florida 33026 (hereinafter called "PCM" and/or Concessionaire"). WITNESSETH RECITALS: • WHEREAS, City and Professional Course Management II., Ltd (PCM) are parties to that certain Agreement for Operation and. Management of the Miami Beach Golf Club, dated October 30, 2o 13 , for the Management and Operation of the City's golf courses and Related Facilities, pursuant to Request for Proposals No. 125-99/00 (the Management Agreement); and WHEREAS, pursuant to the aforestated Management Agreement, the City has granted PCM (acting as Concessionaire) the exclusive concession for food and beverage and pro shop merchandise sales at the Miami Beach Golf Club; and WHEREAS, Concessionaire assures the City that it has developed the expertise with respect to the successful and efficient management of pro shops.and golf courses food and beverage operations. NOW THEREFORE, in consideration of good and other valuable consideration the parties hereto agree as follows: The City grants to Concessionaire, and Concessionaire hereby accepts from the City, the exclusive right to operate and manage the food andbeverage service and pro shop merchandise sales (including golf club rentals) at the Miami Beach Golf Club, in conformance with the purposes and for the period stated herein, and subject to all the terms and conditions herein contained.• 43 ARTICLE 1 • General Scope of S,ervices • 1.01 Merchandise. Subject to the terms of this Agreement and the Management Agreement, Concessionaire shall have the exclusive right to operate the pro shop merchandise sales concession at the Miami Beach Golf Club. 1.01.1 Concessionaire shall maintain such inventory as is deemed necessary by the Director, as said term is defined pursuant to Section 1.01. of the Management Agreement, to service the needs of the golfing public, golf outings and tournament play. Inventory shall include, at a minimum, the following: clothing with the Miami Beach Golf Club logo for men and women; golf shoes; clubs and bags; and accessories such as balls,,hats, gloves, tees, etc. • 1.01.2 Concessionaire•shall offer for sale only goods of premium quality. For such goods, Concessionaire shall charge fair and reasonable prices. Prices shall be set by the Concessionaire and shall be in conformance with the range of prices for the 'same or similar operations at similar establishments in the South Florida area and its environs such as Doral or the Diplomat golf courses. When an item has a suggested retail price pre-marked and established by the manufacturer or distributor, Concessionaire shall not charge the public a price higher than such suggested retail pre-marked price. 1.01.3 City reserves the right to prohibit the sale or rental of any item of merchandise whichis deemed objectionable or beyond the scope of this Agreement, as • determined by the Director in his sole discretion. • 1.01.4 Concessionaire shall at all times post prices for all items offered for sale and all services offered. 1.01,5 Concessionaire shall display and merchandise all items in an attractive manner and insure that goods are properly rotated so as to always present a fresh and appealing appearance. 1.01,6.If, in the sole opinion of the Director, Concessionaire is charging too high a retail or rentalrice for any p permitted item, Concessionaire shall reduce the price to no more than that stipulated by Director. Director shall stipulate price based on that price charged at comparable first class golf facilities in.the South Florida area and its environs such as Doral or the Diplomat golf courses. 1.01.7 At the end of the term of this Agreement, or any renewed term, or other termination thereof, City agrees to purchase from Concessionaire Miami Beach Golf Club logoed merchandise at the cost paid by Concessionaire for the product, in an aggregate amount not to exceed $20,000. Should the value of the inventory being held by the Concessionaire exceed $20,000 in value the Concessionaire agrees to negotiate with the City for remaining.inventory. 1.02 Food and Beverage. Subject to the terms of this Agreement and the • Management Agreement,, Concessionaire shall have exclusive rights to operate the food and beverage concession at the Miami Beach Golf Club. 44 -- - 1.02,1 Concessionaire shall sell food and beverages, including beer, wine and other alcoholic beverages, on the golf course and within the clubhouse restaurant and bar in accordance with the provisions of this Agreement. Concessionaire shall also provide catering services for tournaments, outings and groups using the Miami Beach Golf Club. All food and beverage operations and services shall be of first-class quality and provided in a first class manner, comparable to other first class golf operations In a resort golf club comparable to other golf resorts in the South Florida market. 1.02,2 Concessionaire shall maintain and provide the necessary Inventory of • food and beverage products required to satisfy the public demand therefore. All such • products sold or kept for sale by Concessionaire shall be first-class in quality, wholesome and pure, and shall conform to the Federal, State and City food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Concessionaire, and all food and beverage products kept on hand by Concessionaire shall be stored and handled with due regard for sanitation . In the event that the food and beverage products are deemed by the Director to be of less than first-class in quality, Concessionaire may be ordered to, and if so ordered shall, improve the quality of any such food or beverage product kept or offered for sale. 1,02.3 Concessionaire . shall meet all requirements and obtain appropriate licenses (liquor, occupational, Health Dept., etc.). Concessionaire shall be solely responsible for the payment of all costs and expenses required to complete the transfer .of such licenses and to maintain such licenses for the duration of the term of this Agreement. • 1.02.4 Concessionaire shall open for service no less than thirty minutes before the first tee time each and every day and shall close no sooner than thirty minutes after the last golfer has finished play. if the golf course is closed for the day or an extended period the Concessionaire may elect to close the food and beverage service for that period, provided Concessionaire shall first notify the Director of same in writing (email is acceptable). The hours of operation may be modified as determined to be in the best interest of the City and Concessionaire, but only upon prior written request of the Concessionaire to the Director, and written approval thereof by the Director, 1.02.5 Concessionaire shall staff the facility In a manner consistent with a first- class operation, as defined in Section 1.02.1. Said cost of staffing and all related costs shall be paid by the Concessionaire. 1.02.6 Concessionaire shall be responsible, at its sole cost, to provide cleaning and sanitation services for the kitchen, bar, and dining room. • • • i 45 ARTICLE 2 • - - - Agreement Term and Renewal Term - - • 2.01 The initial term of this Agreement shall be for a period of three years, commencing on October 1, 2013, and expiring at midnight on September 30, 2016, unless earlier terminated, as provided herein. 2.02 Provided .Concessionaire is not in default under this Agreement or as Manager under the Management Agreement, the City shall have the right, at its sole option and discretion, to extend this:Agreement for two successive one year terms (each a renewal term), by giving written notice to Concessionaire of such intention no Less than ninety days prior to the expiration of the initial term or an exercised Renewal Term. 2.03 Notwithstanding subsections 2.01 and 2.02, the term of this Agreement shall run concomitantly with the Management Agreement. A termination and/or expiration of this Agreement shall also result in a termination of the Management Agreement ARTICLE'3 Insurance 3.01 'Concessionaire shall procure and maintain at its sole cost throughout the Term of this Agreement the following insurance coverage with,respect to the operation of the food and beverage and pro shop merchandise sales concessions: a: Comprehensive General liability in the minimum amount of one million dollars ($1,000,000) per occurrence for bodily injury and property damage; b. Liquor Liability In the minimum amount of One Million Dollars ($1,000,000) per occurrence; and - • c. Workers Compensation as required under the laws of the State of Florida. 3.02 The policies of insurance referred to above shall not be subject to cancellation or change in coverage except upon at least thirty(30) days written notice to City, and then subject to the prior written approval of Director. The Concessionaire shall provide Director with a Certificate Of Insurance for each such policy, which shall name the City of Miami Beach, Florida, as an additional named insured. All such policies shall be obtained from companies authorized to do business in the State of Florida with an • A.M. Best's Insurance Guide (latest edition) rating and acceptable to the City's Risk Manager. Any replacement or substitute company shall also be subject to the approval of the City's Risk Manager. Should the Concessionaire fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such Insurance, and any sums expended by City in obtaining said insurance, shall be repaid by Concessionaire to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If the Concessionaire does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall be deemed an event of default hereunder. 1 46 ARTICLE 4 _ - Payment to City 4.01 Concessionaire shall pay City five percent (5%) of the monthly gross revenues for food and beverage and merchandise sales; respectively. 4.02 Payment shall be due on the first day of each month throughout the Term of this Agreement. • 4.03 Concessionaire shall submit a detailed sales report accompanying its monthly payment, but in any event no later than the tenth day of the following month. 4.04 in addition to the sum set forth in Section 4.01, it is further understood that the required Florida State Sales and Use Tax shall be added to Concessionaire's payments and forwarded to the City as part of said payment. 4.05 In the event payment as provided herein is not received by the City by the fifth day of each respective month, Concessionaire agrees to pay a service charge of ten (10%) percent of the total amount outstanding plus a late fee in the amount of Twenty Five ($25) Dollars per day until all sums due are received by the City. . ARTICLE 5 Records 5.01 Concessionaire shall record ail sales by means of cash registers which publicly display the amount of each sale and automatically issue a pre-numbered receipt. Such registers shall have in all cases locked-in sales totals and transaction counters which continuously accumulate and which cannot, in any case, be reset and, in addition thereto, a tape located within the register on which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record. 5.02 Concessionaire shall prepare and'maintain an adequate set of records according to generally accepted accounting principles, documenting all of Concessionaire's gross revenues which shall include: . I a. Cash register tapes. Daily tapes may be separate but shall be retained so that from day the sales can be identified. • b. Cash receipt journals. 5,03 If at any time the Director deems the Concessionaire's accounting practices inadequate or not In accordance with generally accepted accounting principles, Concessionaire shall make requested adjustments to its practices and procedures. 5.04 Concessionaire shall retain all its books and records detailing gross revenues for the term thereof for no less than two calendar years following the last day of such term. Such records shall be maintained according to generally accepted accounting principles and shall show Concessionaire's gross receipts and other income derived from its operations pursuant to this Agreement. Concessionaire agrees to make 47 JI available and give the City full access to any and all records related to this Agreement upon 24 hours written notice from Director and/or such other designee, as Director may - deem necessary. ARTICLE 6 City's Responsibilities • 6.01 City shall perform the following: a. Administer all terms and conditions of this Agreement. • b. Monitor standards and specifications. • c. Provide or make provisions for all initial furniture, fixtures and equipment needed to operate the food and beverage and pro shop facilities to include: restaurant and bar tables,and chairs, kitchen equipment, pots, pans, small wares, china, silver, glassware, pro • shop display fixtures, banquet equipment, office furniture, point of sale system (with sufficient back office capabilities to support the financial reporting requirements of the Agreement), office equipment, telephone equipment, etc. Concessionaire shall be responsible for any and all replacement due to breakage, theft (unless documented by a City Police report) or employee negligence; all paper goods and disposable items such as plastic wares, cups; and costs related to printing of menus, display boards or other promotional materials relating directly to the . Concessionaire's operations. • d. Provide for utilities needed to operate the food and beverage and pro shop facilities including electric, gas, water and sewer, telephone, waste removal and pest control. e. Maintenance and repairs of buildings, parking lots, fixtures and equipment. • f. Capital improvements, as deemed necessary by Director. • g. Payment of real estate taxes, if levied. ARTICLE 7 Default and Termination 7.01 If Concessionaire fails to perform in accordance with any of the terms and conditions of this Agreement, and such default is not curedwithin ten (10) calendar days after written notice from Director, this Agreement, shall terminate; provided, however, that in the event thatthe default is not reasonably susceptible to being cured within such ten (10) day period, Manager shall not be considered in default if it shall, within such period, commenced with due diligence and dispatch to cure, and thereafter • completes with dispatch and due diligence the curing of such default but in no event shall such extended cure period exceed ninety (90) days from the date of initial written notice thereof. . • 7.02 Cross Default. A default by the Concessionaire, as Manager, under the Management Agreement, shall also be considered an event of default under this Agreement. 48 • { • ARTICLE 8 — - - Termination for Convenience - - If the Management Agreement is terminated for convenience, as provided in Section 21.4 therein, then this Concession Agreement shall also be terminated for convenience. ARTICLE 9 Nota Lease It is expressly understood and agreed that no part, parcel, building, structure, equipment or space on Miami Beach Golf Club is leased to the Concessionaire; that this Agreement is a concession agreement and not a lease; and that the Concessionaire's right to use the Miami Beach Golf Club for the purposes contemplated herein and in the Management Agreement shall continue only so-long as the Concessionaire complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. ARTICLE 10 • Alterations, Maintenance and Repair 10.1 Concessionaire herein accepts any facilities and/or premises to be used for the concession operation contemplated herein, in their "AS IS" condition at the Miami Beach Golf Club. • . • 10.2. Concessionaire shall maintain and-operate the Premises in a clean, safe, wholesome, and sanitary condition, free of trash; garbage, or obstructions of any kind, and in compliance with any and all applicable present and future laws, general rules and regulations of any:governmental authority in force now or at any time during the term of this Agreement relating to sanitation, public health, safety, or welfare. 10.3 Concessionaire shall perform acceptable day-to-day housekeeping and maintain and perform all repairs on the kitchen, dining rooms, bar and pro shop that are , necessitated as a result of Concessionaire's or its agents' negligence. City shall be • responsible for all other repairs and maintenance. All such maintenance, repairs and replacements shall be of quality equal to or better than\the original in materials and workmanship. 10.4 The Director may, at any time, without notice, enter upon the golf course, • { clubhouse or other related facilities, to determine if repairs, housekeeping and maintenance satisfactory to City are being performed. ARTICLE 11 Assignment/Sublet The Concessionaire may not sublet or, assign this Agreement, or any part • thereof, without the prior written approval of the Director, which approval shall be given, if at all, at the sole discretion of the Director. 49 1 • ARTICLE 12 - - Permits; Licenses; Taxes ------ --- -- The Concessionaire agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing. the responsibility of an employer with respect to- persons employed by the Concessionaire. In addition, the Concessionaire shall comply with all rules, regulations and laws of the City; Miami-Dade County; the State of Florida; and the U.S. • Government now in force or hereafter to be adopted. ARTICLE 13 Inspection Concessionaire agrees that its concession operations may be inspected at any time upon reasonable notice by authorized representatives of the City, or by any other State, County, Federal or municipal officer or agency having responsibilities for Inspections of such operations and/or facilities. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors in the operations, which is properly the responsibility of the Concessionaire pursuant to this Agreement. ARTICLE 14 Waiver of Interference Concessionaire hereby waives all claims for compensation for loss or damage sustained by reasons of any interference with its concession operation by any public agency or official as a result of their enforcement of any laws or ordinances or of any of the rights reserved to the City herein. Any such interference shall not relieve the •Concessionaire from any obligation hereunder. ARTICLE 15 Indemnification 15,1 Concessionaire shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action • of whatsoever kind or nature arising out of error, omission, or negligent act of the Concessionaire, its agents, servants or employees arising out of or otherwise under this Agreement. 15.2 In addition, the Concessionaire shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of the Concessionaire not included in the paragraph in the subsection above and for which the City., its agents, servants or employees are alleged to be liable. This subsection shall not apply; however, to any such liability as may be the result of the willful misconduct of the City, its agents, servants or employees. • 15.3 Subrogation.. The terms of insurance policies referred to in Article 3 shall preclude subrogation claims against the Concessionaire, the City and their respective officers, employees,and agents. 50 - i ARTICLE 16 No Liens -- - Concessionaire agrees that it will not suffer, or through its actions or anyone under Its control or supervision, cause to be filed upon the golf courses and Related Facilities any lien or encumbrance •of any kind. In the event any lien is filed, the Concessionaire agrees to cause such lien to be discharged within ten (10) days there • from, and in accordance with the applicable law and policy. If this is not accomplished, the City may automatically terminate this Agreement, without further notice to the Concessionaire. . ARTICLE 17 Concessionaire's Employees and Managers The City and the Concessionaire recognize that in the performance of this Agreement, it may, be necessary for the Concessionaire to retain employees and/or managers to effectuate and optimize Concessionaire's operations, Any employees, agents, independent contractors, volunteers, and/or other individuals and/or entities retained by the Concessionaire for the purpose(s) set forth herein shall not be deemed to be agents, employees, partners, joint ventures or associates of the City and shall not obtain any rights or benefits under the civil service or pension ordinances of the City or any rights generally afforded classified or unclassified employees of the City. Further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the City. • Manager's activities and operations at the Golf Courses and Related Facilities shall be supervised by one or more active, qualified, competent, and experienced employee(s) of Manager. A manager on duty shall be on site full time during the Golf Courses' hours of operations. Manager may designate either the P.G.A. Class-A Professional or the Class-A Superintendent as duly authorized to act for Manager in all aspects of its day-to-day operations.' Manager shall notify Director when Manager is absent, and who shall act in Manager's absence. Manager's personnel shall at all times while on duty at the Golf Courses and Related Facilities be clean and neatly groomed, courteous, efficient, and attired in a suitable uniform, as approved by the Director. Manager's personnel shall perform its operations authorized hereunder in a businesslike manner, without rudeness or discourtesy to any person, .or use of profanity. All personnel shall have a clear understanding of the established service levels and at minimum comply with them. All personnel shall participate in and completed a customer services training program and offer the highest level of customer service. This customer service will be stressed by the Manager at all times. Manager's personnel shall be subject to drug testing, fingerprinting, background checks, and other related pre-employment standards, as deemed appropriate by the City of Miami Beach Human Resources Department, policies and procedures. Backgrounds checks, drug tests and other related safety and security checks shall apply to all employee(s) of the Manager, its on-site subcontractors such as golf professionals and all new employees who have not previously been through thebackground process in compliance with City of Miami Beach standards. 51 • • Manager shall at all times maintain a high standard of services to the public, to - the satisfaction of the Director, who shall be the sole judge of the adequacy thereof. - - Upon written notice by the Director that the conduct of any of Manager's personnel at the Golf Courses and Related Facilities is detrimental to the best interests of the public, or to City, Manager shall, within twenty-four,(24) hours thereafter, furnish evidence • satisfactory to the Director of correction of such deficiency. • Manager will be responsible for screening, interviewing, testing and training to Include, but not be limited to; - Interviews that includes job preferences, experience, goals, interests, attitudes, motivation and other work related attributes. - Background checks as deemed appropriate by the City of Miami Beach Human Resources Department as well as credit history for positions that may require the handling of City funds. - Verification that its employees are not convicted sex offenders. - Training of employees on the City's Service Excellence program for those who interact with the general public as customer service representatives. • ARTICLE 18 No Improper Use . Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, its concession operations for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or 'of any governmental rule or regulation now in effect or • hereafter enacted or adopted. The Concessionaire shall not use the concession operations for any unlawful purpose and shall comply with all laws, permitting, and licensing requirements now in force or hereafter adopted, applicable to the concession operations contemplated herein. The Concessionaire agrees not to use the concession operations for, or to permit operation of any offensive or dangerous activity, nuisance or anything against public policy. Except as may result from acts of force majeure, as defined in Section 29.5 of the Management Agreement, the Concessionaire agrees that it will not allow the concession operations to become unoccupied or vacant, ARTICLE 19 No Dangerous Materials Concessionaire agrees not to use or permit in the concession operations the storage of illuminating oils, oil lamps, turpentine, gasoline, benzene, naphtha, or other similar substances, or explosives or any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. ARTICLE 20 No Claim Against City Officers, Employees, Individuals It is expressly understood and agreed by and between the parties hereto that all individuals, employees, officers, and agents of the City are acting in a representative • capacity and not for their own benefit; and that neither the Concessionaire nor any occupant shall have any claim against them or any of them as individuals In any event 52 whatsoever in conjunction with any acts or duties which are reasonably related to the performance of their duties. ARTICLE 21 Notices All. notices, consents, waivers, directions, requests or other instruments of communications provided for under this Agreement, shall be deemed properly given if, and only if, delivered personally or sent by registered or certified U.S. mail, postage pre- paid, as follows: IF TO THE CITY: John Rebar, Director, Parks and Recreation 2100 Washington Avenue • Miami Beach, Florida 33139 With copies to: J. Mark Taxis Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 IF TO CONCESSIONAIRE: Johnny La Ponzina, President Professional Course Management II, Ltd. 10500 Pembroke Pines, Florida 33026 With copies to: Alberto Pozzi, General Manager Professional Course Management II, Ltd. . 10000 Biscayne Boulevard Miami Shores, Florida 33138 The Concessionaire and the City may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. ARTICLE 22 • No Discrimination Concessionaire agrees that there shall be no discrimination as to race, sex, `• color, creed, national origin, physical handicap, or sexual orientation in the operations referred to by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance or operation of the concession. All concession premises on the Miami Beach Golf Club shall be made available to the public; subject to the right ui of Concessionaire to establish and enforce reasonable rules and regulations to provide for the safety, orderly operation and security of the said premises. 53 ARTICLE 23 Venue - - -._- This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND CONCESSIONAIRE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT, [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] • 54 • i � IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of this day and year first written above. Attest: CITY OF MIAMI BEACH /fl_1/ ,.; • A / Rafael E. Granado, City ! r ..,,. "''�i,�� Matti Herr-ra Bower, Mayor i * INCORP ORATED: ` f . WITNESSES: ' P SSIONAL COURSE MANAGEMENT Johnn/ a Ponzi/na, President APPROVED AS TO FORM &LANGUAGE • „&FfA•EXECUTION STATE OF FLORIDA ( _) t Z „r• SS; F iter At erne ate COUNTY OF MIAMI-DADS ) fi The foregoing instrument was acknowledged before me this 2- 1 day of V C--kb-ex ,2013, by 1-hen V Lti POtizI via_, , on behalf of PROFESSIONAL COURSE MANAGEMENT II, LTD, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. • WITNESS my hand and official seal, this 2-1 day of Oe+D 1•C' V'' , 2013, w ,��nn �i l/ir'.� � C Notary Puhllo State of Florida o Lisa Bulena otary Public, State of Florida!- at Large ,a fdy Commiaston EE""°7 Commission No.:E $-3LeZ�1'7 Qp F1 Expires 08118!2016 My Commission Expires an,,,k,L, zo/(i, Ii I . 55 • CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND PROFESSIONAL COURSE MANAGEMENT II, LTD FOR FOOD AND BEVERAGE AND PRO SHOP MERCHANDISE SALES AT THE NORMANDY SHORES GOLF CLUB THIS AGREEMENT, made and executed on this 30 day of �GOl��d' , 2013, by and between the CITY OF MIAMI BEACH, •a municipal corporation organized and existing under the laws of the State of Florida (hereafter called "City"), and PROFESSIONAL COURSE MANAGEMENT II, LTD, a Florida limited partnership, with offices at 10500 Pembroke Pines, Florida 33026, (hereinafter called "PCM and/or Concessionaire"), WITNESSETH RECITALS: WHEREAS, City and Professional Course Management II, Ltd (PCM) are parties to that certain Agreement for Operation and Management of the Normandy Shores Golf Club, dated • D CIO hkr 30 20 1, ? , .for 'the Management and Operation of the City's golf courses and Related Facilities, pursuant to Request for Proposals No. 125-99/00 (the Management Agreement); and WHEREAS, pursuant to the aforestated Management Agreement, the City has granted PCM (acting as Concessionaire) the exclusive concession for food and beverage and pro shop merchandise sales at the Normandy Shores Golf Club; and WHEREAS, Concessionaire assures the City that it has developed the expertise with respect to the successful and efficient management of pro shops and golf courses food and beverage operations. NOW THEREFORE, in consideration of good and other valuable consideration the parties hereto agree as follows: The City grants to Concessionaire, and Concessionaire hereby accepts from the City, the exclusive right to operate and manage the food and beverage service and pro shop merchandise sales (including golf club rentals) at the Normandy Shores Golf Club, In conformance with the purposes and for the period stated herein, and subject to all the terms and conditions herein contained. 56 ARTICLE I General Scope of Services 1.01 Merchandise. Subject to the terms of this Agreement and the Management Agreement, Concessionaire shall have the exclusive right to operate the pro shop merchandise sales concession at the Normandy Shores Golf Club. 1.01.1 Concessionaire shall maintain such inventory as is deemed necessary by the Director, as said term is defined pursuant to Section 1.01 of the Management Agreement, to service the needs of the golfing public, golf outings and tournament play. Inventory shall include, at a minimum, the following: clothing with the Normandy Shores Golf Club logo for men and women; golf shoes; clubs and bags; andaccessories such as balls, hats, gloves, tees, etc. 1.01.2 Concessionaire shall offer for sale only goods of premium quality. For such goods, Concessionaire shall charge fair and reasonable prices. Prices shall be set by the Concessionaire and shall be in conformance with the range of prices for the same or similar operations at similar establishments in the South Florida area and its environs such as the Biltmore or Crandon Park golf courses. When an item has a suggested retail price pre-marked and established by the manufacturer or distributor, Concessionaire shall not charge the public a price higher than such suggested retail . pre-marked price. • 1.01.3 City reserves the right to prohibit the sale or rental of any item of merchandise which is deemed objectionable or beyond the scope of this Agreement, as determined by the Director in his sole discretion. . 1.01.4 Concessionaire shall at all times post prices for all items offered for sale and all services offered. 1\.01.5 Concessionaire shall display and merchandise all items in an attractive manner and insure that goods are properly rotated so as to always present a fresh and appealing appearance. 1.01.6 If, In the sole opinion of the Director, Concessionaire is charging too high a retailor rental price for any permitted item, Concessionaire shall reduce the price to no more than that stipulated by Director. Director shall stipulate price based on that price charged at comparable first class golf facilities in the South Florida area and its environs such as the Biltmore or, Crandon Park golf courses. • 1.01.7 ' At the end of the term of this Agreement, or any renewed term, or other termination thereof, City agrees to purchase from Concessionaire Normandy Shores Golf Club logoed merchandise at the cost paid by Concessionaire for the product, in an amount not to exceed $10,000. Should the value of the inventory being held by the Concessionaire exceed $10,000 in value the Concessionaire agrees to negotiate with the City for remaining inventory. 57 .•• • 1.02 Food and Beverage. Subject to the terms of this Agreement and the __._._ Management Agreement, Concessionaire shall have exclusive rights to operate the _ . ._._._. food and beverage concession at the Normandy Shores Golf Club, 1.02.1 Concessionaire shall sell food and beverages, including beer, wine and other alcoholic beverages, on the golf course and within the clubhouse restaurant and bar in accordance with the provisions of this Agreement. Concessionaire shall also provide catering services for tournaments, outings and groups using the golf courses and related facilities. All food and beverage operations and services at the Normandy Shores Golf Club shall be of a quality and provided in an upscale manner, comparable to other residential/day play golf club operations in the South Florida market. • • 1.02,2 Concessionaire shall maintain and provide the necessary inventory of food and beverage products required to satisfy the public demand therefore. All such products sold or kept for sale by Concessionaire shall be first-class in quality, wholesome and pure, and shall conform to the Federal, State and City food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Concessionaire, and all food and beverage products kept on hand by Concessionaire shall be stored and handled with due regard for sanitation . In the event that.the food and beverage products are deemed by the Director to be of less than upscale in quality, Concessionaire may be ordered to, and if so ordered shall, improve the quality of any such food or beverage product kept or offered for sale. 1.02.3 Concessionaire shall meet all requirements and obtain appropriate licenses (liquor, occupational, Health Dept., etc.). . Concessionaire shall be solely responsible for the payment of all costs and expenses required to complete the transfer of such licenses and to maintain such licenses for the duration of the term of this Agreement. 1.02.4 Concessionaire shall open for service no less than thirty minutes before the first tee time each and every day and shall close no sooner than thirty minutes after the last'golfer has finished play. If the golf course Is closed for the day or an extended period the Concessionaire may elect to close the food and beverage service for that period, provided Concessionaire shall first notify the Director of same in writing (email is acceptable). The hours of operation may be modified as determined to be in the best interest of the City and Concessionaire, but only upon prior written request of the Concessionaire to the Director, and written approval thereof by the Director. 1.02.5 Concessionaire shall staff the facility in a manner consistent with an upscale operation, as defined in Section 1.02.1. Said cost of staffing and all related costs shall be paid by the Concessionaire. 1.02.6 Concessionaire shall be responsible, at its sole cost, to provide cleaning and sanitation services for the kitchen, bar, and dining room. . • 58 ARTICLE 2 Agreement Term and Renewal Term 2.01 The initial term of this Agreement shall be for a. period of three years, commencing on October 1, 2013, and expiring at midnight on September 30, 2016, unless earlier terminated, as provided herein, 2.02 Provided Concessionaire is not in default under this Agreement or as Manager under the Management Agreement, the City shall have the right, at Its sole option and discretion, to extend this Agreement for two successive one year terms (each a renewal term), by giving written notice to Concessionaire of such intention no less than ninety days prior to the expiration of the initial term or an exercised Renewal Term. 2.03 Notwithstanding subsections 2.01 and 2.02, the term of this Agreement shall run concomitantly with the Management Agreement. A termination and/or expiration of this Agreement shall also result in a termination of the Management Agreement. ARTICLE 3 • Insurance 3.01 Concessionaire shall procure and maintain at its sole cost throughout the term of this Agreement the following insurance coverage with respect to the operation of the food and beverage and pro shop merchandise sales concessions:. a. . Comprehensive General liability in the minimum amount of one million dollars ($1,000,000) per occurrence for bodily injury and property damage;. b. Liquor Liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence; and c. Workers Compensation as required under the laws of the State of Florida. 3.02 The policies of insurance referred to above shall not be subject to cancellation or change in coverage except upon at least thirty(30) days written notice to City, and then subject to the prior written approval of Director. The Concessionaire shall provide Director with a Certificate of Insurance for each such policy, which shall name the City of Miami Beach, Florida, as an additional named insured. All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating and acceptable to the City's Risk Manager. Any replacement or substitute company shall also be subject to the approval of the City's Risk Manager. Should the Concessionaire fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by City in obtaining said insurance, shall be repaid by Concessionaire to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If the • Concessionaire does not repay City's expenditures within fifteen (15) days, of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall be deemed an event of default hereunder. 59 ARTICLE 4 Payment to City 4.01 Concessionaire shall pay City five percent (5%) of the monthly gross revenues for food and beverage and merchandise sales; respectively. 4.02 Payment shall be due on the first day of each month throughout the Term of this Agreement. 4.03 Concessionaire shall submit a detailed sales report accompanying its monthly payment, but in any event no later than the tenth day of the following month. 4.04 In addition to the sum set forth in Section 4.01, it is further understood that the required Florida State Sales and Use Tax shall be added to Concessionaire's payments and forwarded to the City as part of said payment. 4,05 In the event payment as provided herein is not received by the City by the fifth day of each respective month, Concessionaire agrees to pay a service charge of ten (10%) percent of the total amount outstanding plus a late fee in the amount of Twenty Five ($25) Dollars per day until all sums due are received by the City. .ARTICLE 5 Records 5.01 Concessionaire shall record all sales by means of cash registers which publicly display the amount of each sale and automatically issue a pre-numbered receipt. Such registers shall have in all cases locked-in sales totals and transaction counters which continuously accumulate and which cannot, in any case, be reset and, in addition thereto, a tape located within the register on which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record. 5,02 Concessionaire shall prepare and maintain an adequate set of records according to generally accepted accounting principles, documenting all of Concessionaire's gross revenues which shall include: a, Cash register tapes. Daily tapes may be separate but shall be retained so that from day the sales can be identified. b. Cash receipt journals. 5.03 If at any time the Director deems the Concessionaire's accounting practices inadequate or not in accordance with generally accepted accounting principles, Concessionaire shall make requested adjustments to its practices and procedures. 5.04 Concessionaire shall retain all its books and records detailing gross revenues for the term thereof for no less than two calendar years following the last day of such term, Such records shall be maintained according to generally accepted accounting principles and shall show Concessionaire's gross receipts and other income 60 derived from its operations pursuant to this Agreement. Concessionaire agrees to make available and give the City full access to any and all records related to this Agreement upon 24 hours,written notice from Director and/or such other designee, as Director may deem necessary. • ARTICLE 6 . City's Responsibilities 6.01 City shall perform the following: a. Administer all terms and conditions of this Agreement. ' b. Monitor standards and specifications. c. Provide or make provisions for all initial furniture, fixtures and equipment needed to operate the food and beverage and pro shop facilities to include: restaurant and bar tables and chairs, kitchen equipment, pots, pans, small wares, china, silver, glassware, pro shop display fixtures, banquet equipment, office furniture, point of sale system (with sufficient back office capabilities to support the financial reporting requirements of the Agreement), office equipment, telephone equipment, etc.'Concessionaire shall be responsible for any and all replacement due to breakage, theft (unless documented .by a City Police report) or employee negligence; all paper goods and disposable items such as plastic wares, cups; and costs related to printing of menus, display boards or other promotional materials relating directly to • the Concessionaire's operations. d. Provide for utilities needed to operate the food and beverage and pro shop facilities including electric, gas, water and sewer, telephone', waste . removal and pest control. e. Maintenance and repairs of buildings, parking lots, fixtures and equipment. - f. Capital improvements, as deemed necessary by Director. g. . Payment of real estate taxes, if levied. ARTICLE 7 Default and Termination 7.01 If Concessionaire fails to perform in accordance with any of the terms and conditions of this Agreement, and such default is not cured within ten (10) calendar days after written notice from Director, this Agreement shall terminate; provided, however, that in the event that the default is not reasonably susceptible to being cured within such ten (10) day period, Manager shall not be considered in default if it shall, • within such period, commenced with due diligence and dispatch to cure, and thereafter completes with dispatch and due diligence the curing of such,default but in no event shall such extended cure period exceed ninety (90) days from the date of initial written notice thereof. 7.02 Cross Default. A default by the Concessionaire, as Manager, under the Management_Agreement, shall also be considered an event of default under this Agreement, 61 ARTICLE 8 Termination for Convenience If the Management Agreement is terminated for convenience, as provided in Section 21.4 therein, then this Concession Agreement shall also be terminated for convenience. ARTICLE 9 Not a Lease It is expressly understood and agreed that no part, parcel, building, structure, equipment or space on the Normandy Shores Golf Club is leased to the • Concessionaire; that this Agreement is a concession agreement and not a leased and that the Concessionaire's right to use the Normandy Shores Golf Club for the purposes contemplated herein and In the Management Agreement shall continue only so long as the Concessionaire complies with the'undertakings, provisions, agreements, stipulations and conditions of this Agreement. ARTICLE 10 Alterations, Maintenance and Repair 10.1 Concessionaire herein accepts any facilities and/or premises to be used for the concession operation contemplated herein, in their "AS IS" condition upon the completion of the Normandy Shores Golf Club. 10.2 Concessionaire shall maintain and-operate the Premises in a clean, safe, wholesome, and sanitary condition, free of trash, garbage, or obstructions of any kind, and in compliance with any and all applicable present and future laws, general rules and regulations of any governmental authority in force how or at any timeduring the term of this Agreement relating to sanitation, public health, safety, or welfare. • 10.3 Concessionaire shall perform- acceptable day-to-day housekeeping and maintain and perform all repairs on the kitchen, dining rooms, bar and pro shop that are necessitated as a result of Concessionaire's or its agents' negligence. City shall be responsible for all other repairs and maintenance. All such maintenance, repairs and replacements shall be of quality equal to or better than the original in materials and workmanship. 10.4 The Director may, at any time, without notice, enter upon the golf courses, to determine if repairs, housekeeping and maintenance satisfactory to City are being performed. ARTICLE 11 Assignment/Sublet The Concessionaire may not sublet or assign this Agreement, or any part thereof, without the prior written approval of the Director, which approval shall be given, if at all, at the sole discretion of the Director. 62 • ARTICLE 12 Permits; Licenses; Taxes --- - -• -The Concessionaire agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. In addition, the Concessionaire shall comply with all rules, regulations and, laws of the City; Miami-Dade County; the State of Florida; and the U.S. Government now in force or hereafter to be adopted. • ARTICLE 13 Inspection • Concessionaire agrees that its concession operations may be inspected at any time upon reasonable notice by authorized representatives of the City, or by any other State, County, Federal or municipal officer or agency having responsibilities for inspections of such operations and/or facilities. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors in the operations, which is properly the responsibility of the Concessionaire pursuant to this Agreement. ARTICLE 14 Waiver of Interference Concessionaire hereby waives all claims for compensation for loss or damage sustained by reasons of any interference with its concession operation by any public agency or official as a result of their enforcement of any laws or ordinances or of any of the rights reserved to the City herein. Any such interference shall not relieve the Concessionaire from any obligation hereunder. ARTICLE 15 Indemnification 15,1 Concessionaire shall indemnify, hold harmless and defend the City, Its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of the Concessionaire, its agents, servants or employees arising out of or otherwise under this Agreement. 15.2 In addition, the Concessionaire shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of the Concessionaire not included in the paragraph in the subsection above and for which the City, Its agents, servants or employees are alleged to be liable. This subsection shall. not apply; however, to any such liability as may be the result of the willful misconduct of the City, its agents, servants or employees. 15.3 Subrogation. The terms of Insurance policies referred to in Article 3 shall • preclude subrogation claims against the Concessionaire, the City and their respective officers, employees and agents. • 63 a • ARTICLE 16 No Liens — • Concessionaire agrees that it will not suffer, or through its actions or anyone under its control or supervision, cause to be filed upon the golf courses and Related Facilities any lien or encumbrance of any kind. In the event any lien is filed, the Concessionaire agrees to cause such lien to be discharged within ten (10) days there from, and in accordance with the applicable law and policy. If this is not accomplished, the City may automatically terminate this Agreement, without further notice to the Concessionaire, ARTICLE 17 Concessionaire's Employees and Managers The City and the Concessionaire recognize that in the performance of this Agreement, it may be necessary-for the Concessionaire to retain employees and/or managers to 'effectuate and optimize Concessionaire's operations. Any employees, agents, independent contractors, volunteers, and/or other individuals and/or entitles retained by the Concessionaire for the purpose(s) set forth herein shall not be deemed• to be agents, employees, partners, joint ventures or associates of the City and shall not obtain any rights or benefits under the civil service or pension ordinances of the City or any rights generally afforded classified or unclassified employees of the City. Further, • they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the City. Additionally, the Concessionaire and any persons employed by it, or volunteers acting under the authority and/or with the permission of Concessionaire, shall never have been convicted of any offense involving moral turpitude or felony. Failure to comply with this provision shall constitute a default of this Agreement. Any criminal activity caused by or knowingly permitted by the Concessionaire shall result in automatic termination of this Agreement and the Management Agreement. Manager's activities and operations at the Golf Courses and Related Facilities shall be supervised by one or more active, qualified, competent, and experienced employee(s) of Manager. A manager.on duty shall be on site full time during the Golf Courses' hours of operations. Manager may designate either the P.G.A. Class-A Professional or the Class-A Superintendent as duly authorized to act for Manager in all aspects of its day-to-day operations. Manager shall notify Director when Manager is absent, and who shall act in Manager's absence. Manager's personnel shall at all times while on duty at the Golf Courses and Related Facilities be clean and neatly groomed, courteous, efficient, and attired in a suitable uniform, as approved by the Director. Manager's personnel shall perform its operations authorized hereunder in a businesslike manner, without rudeness or discourtesy to any person, or. use of profanity. All personnel shall have a clear understanding of the established service levels and at minimum comply with them. All personnel shall participate in and completed a customer services training program and offer the highest level of customer service. This customer service will be stressed by the Manager at all times. Manager's personnel shall be subject to drug testing, fingerprinting, background checks, and other related pre-employment standards, as deemed appropriate by the City of Miami Beach Human Resources Department, policies and procedures. Backgrounds checks, drug tests and other related safety and 64 security checks shall apply to all employee(s) of the Manager, its on-site subcontractors such as golf professionals and all new employees-who..have not previously been through the background process in compliance with City of Miami Beach standards. Manager shall at all times maintain a high standard of services to the public, to the satisfaction of the Director, who shall be the sole judge of the adequacy thereof. Upon written notice by the Director that the conduct of any of Manager's personnel at the Golf Courses and Related Facilities is detrimental to the best interests of the public, or to City, Manager shall, within twenty-four (24) hours thereafter, furnish evidence satisfactory to the Director of correction of such deficiency. Manager will be responsible for screening, interviewing, testing and training to include, but not be limited to; - Interviews that includes job preferences, experience, goals, interests, attitudes, motivation and other work related attributes. - Background checks as deemed appropriate by the City of Miami Beach Human Resources Department as well as credit history for positions that may require the handling of City funds. . . - Verification that its employees are not convicted sex offenders. - Training of employees on the City's Service Excellence program for those who interact with the genera! public as customer service representatives, ARTICLE 18 No Improper Use • Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, its concession operations for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now In effect or hereafter enacted or adopted. The Concessionaire shall not use the concession operations for any unlawful purpose and shall comply with all laws, permitting, and licensing requirements now in force or hereafter adopted, applicable to the concession operations contemplated herein, The Concessionaire agrees not to use the concession operations for, or to permit operation of any offensive or dangerous activity, nuisance or anything against public- policy. Except as may result from acts of force majeure, as defined in Section 29.5 of the Management Agreement, the Concessionaire agrees that it will not allow the concession operations, to become unoccupied or vacant. ARTICLE 19 No Dangerous Materials Concessionaire agrees not to use or permit in the concession operations the storage of illuminating oils, oil lamps, turpentine, gasoline, benzene, naphtha, or other similar substances, or explosives or any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. 65 ARTICLE 20 _ __ . - No Claim Against City Officers, Employees, Individuals It is expressly understood and agreed by and between the parties hereto thatall individuals, employees, officers, and agents of the City are acting in a representative capacity and not for their own benefit; and that neither the Concessionaire nor any occupant shall have any claim against them or any of them as individuals in any event whatsoever in conjunction with any acts or duties which are reasonably related to the performance of their duties. ARTICLE 21 Notices All notices from the Concessionaire to the City shall be deemed duly served if mailed to: IF TO THE CITY/MANAGER: John Rebar, Director - Parks and Recreation 2100 Washington Avenue Miami Beach,. Florida 33139 With copies to: J. Mark taxis Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 IF TO CONCESSIONAIRE: Johnny La Ponzina, President Professional Course Management II, Ltd, 10500 Pembroke Pines, Florida 33026 With copies to: Alberto Pozzi, General Manager Professional Course Management II, Ltd. 10000 Biscayne Boulevard Miami Shores, Florida 33138 • The Concessionaire and the City may change the above mailing addressed at any time upon giving the other party written notification. All notice under this Agreement must be in writing. ARTICLE 22 No Discrimination Concessionaire agrees that there shall be no discrimination as to race, sex, color, creed, national origin, physical handicap, or sexual orientation in the operations referred to by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance or operation of the concession. All concession premises on the Normandy Shores Golf Club shall be made available to the public; subject to the right of Concessionaire to establish and enforce reasonable rules and regulations to provide for the safety, orderly operation and security of the said premises. 66 ARTICLE 23 - Venue This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND CONCESSIONAIRE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. • [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] • • • • • • • { • P 67 • IN WITNESS WHEREOF, the parties hereto have caused_their names to be signed and .___ ._... their seals to be affixed; all as of this day and year first written above. Attest: CITY OF MIAMI,BEACH • G,� ►���C/ l op���c,c� �f' R fael E. Gr nado Cit Clerk --7�atti Her era Bower Mayor Y Y —. j "�, or WITNESSES: 7 " OFESSI'NAL COURSE MANAGEMENT i.INCORP ORATED.' I =LTD 1 0: )x):: A Lk 111111111i111106, I 26 '°`"m► J.7.y La -onzina, President „ �► APPROVED AS TO FORM&LANGUAGE &FnR EXECUTION STATE OF FLORIDA SS: ,/ :di/psfrney COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this /2 day of -��he " , 2013, by 6 kfl V Lj LLi PO .v Z i Vi , on behalf of PROFESSIONAL COURSE MANAGEMENT II,IILTD, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this 21 day of 0 OD 1°Y , 2013, NotaryPublicStatG of Ftoflda514 LisaBulehaR AA CommissionEE838297o ary Public, State of Florida at Large %p,.�,�° Exp(res99/18/21)18 Commission No.: 6 S 3LF2Q My Commission Expires:4vEyyJj.e _,d Sr2O/(p i I ' I 68 Exhibit "D" Proposed Junior Golf Instructional Programs Overview • • • • 69 Junior Golf Instructional and Promotional Programs City of Miami Beach Golf Courses Normandy Shores Golf Club Youth Clinics A course designed to introduce all junior golfers(children seventeen and under)including underprivileged children of Miami Beach to the game of golf. This program will run in partnership with the North Shore Park after school and summer programs. Junior residents (children seventeen and under) will receive a special $5.00 wallcing fee after 2:00 p.m. daily, and will be allowed to play for free when accompanied by a paying adult on Sundays after 1:00 p.m. The course will provide children with clubs, instructional materials, and instruction by P.G.A. professionals. Additionally, those participants who successfully complete a session will be eligible to receive free playing privileges based on tee time availability in the afternoons at Normandy Shores for a period of one year. Schedule: Two weekly 90 minute classes in three yearly sessions (dates to be determined). 1. Ten week winter session 2. Eight week summer session 3. Ten week fall session Junior Golf and Tennis Summer Camp Nine week all day golf and tennis instructional camp providing P.G.A., and P.T.A., instructions, including lunch, snacks and beverages. The camp will run from 9:00 am to 5:00 p.m., five days per week for the nine week session at a cost of$350 per week. This includes juniors (children seventeen and under) to play for free when accompanied by a ` '• paying adult on Sundays, after 1:00 p.m. • • Page 1of2 Junior Golf Instructional and Promotional Programs City of Miami Beach Golf Courses Miami Beach Golf Club Junior Clinics The Jim McLean Golf Academy clinic will run each Wednesday, from 4:00 p.m. to 6:00 p.m. and on Saturdays from 9:00 a.m. to 11:00 a.m.,at$45.00 per session or a package of ten sessions for$400.00. • Summer Junior Golf Camp Nine week summer camp with instruction provided by the Jim McLean Golf Academy includes lunch, snacks, and beverages. The camp will run from 9:00 a.m. to 3:00 p.m. five(5) days per week for the nine week session at a cost of$400.00 per week. ti Par 3 Golf Course Youth Clinics A program similar in scope to the one offered at Normandy Shores Golf Club, to be developed in partnership with the Scott Rakow Youth Center,upon completion of the Par 3 renovation. • • Playing Privileges Special access schedule for resident juniors (children seventeen and under) to be developed in conjunction with the Parks and Recreation Department, once the golf rate schedule for the new Par 3 has been established. • i I Page2of2 EXHIBIT F REVISED FINANCIALS 10 '' I/ p . FV 17/18 FY 17118 iFY 16dget Request 101:1,17� ;,v• FY 14115 Aetuals PActuaril Actua/Is7 Adopted Amend Amended BudgAcy31/18 of�f• Y 2018/19 Budget Budget REII.ENUEB; MB-Memberstdps 574,372 587,224 630,341 584,000 584700 326,589 i',, :469.000. MB-Cart Fees 1,006,931 1,005,439 952,583 905,000 905,000 483,975, 989.000:, , MB-Green Fees 2,160,956 1,949.793 1,775,773 2,045,000 2045,000 1,285,040 "1,986,000 00 MB-Range Fees 163,692 160.972 159,425 174.000 174.000 85.793 165.0 MB-Restaurant-Lease-Non Taxable 47.734 51.90'9 50,483 51,000 51,000 . 28,755. ' ' 54,000 Me-Pro Shop Lease-Non Tenable 42678 38295 35,777 37.000 37,000 72,197 38000. MB-Golf Lessons 65.131 107,009 143,493 121,000 121,000 77,67E ' • 139,000 NS-Memberships 147,986 149,894 145.315 156000 156,000 40,865' 168.000' NO-Cart Fees 673.535 651,064 650,160 649,000 649,000 -' 383,433 1' 752,000 NS-Green Fees 91,822 875,096 877,312 879,000 879,020 735:905 922.000 NS-Range Fees 41.916• 31,294 31,352 35,000 36,000 16.467 35,000 NS-Restaurant , 24,290 21,636 21,967 23,000 23,000 12,263 '23:000 NS-Pro Shop 9,472 10,299 9,335 10,000 10,000 7,018 • 10.000 - NO-Mise Charges for Services - - - NS-Golf Lessons 18,875 8,096 8,698 8.000 ' 8,000 4.744 10.000.. '- 7''' `" FY17118 FY17118 7�, FAL...5.1.,? FY 16117 Budg Actuals as of Budget:Request �Yary FY 14/15 Actuals Adopted Amended • """¢':`4;: Aetuals Aeluels Budget Amend Budget 3/31118 FY'2018119 EXPENDITURES PERSONNEL SERVICES • Uniforms9,944 8197 9235 10200 10200 4729' 1X1 100 TOTAL PERSONNEL SERVICES 9943 8,197 9,235 10.200 - 10.200 - 4,725 ' 10000 1 OPERATING EXPENDITURES Temporary Labor 0 - ' ' - - ProfessionelSeMces 1,398,604 1,465,343 1,547,011 1,641,003 I 1,641,000 839,423 ' 1,734,000: • Bank Fees 81,446 85,999 72,626 86,003 86,000 47,357 79,003. Electricity • 80,070 76,115 72,289 84,003 84,000' 33,688 '78,000 Gas Fuel Oil 8,177 8,667 8,269 9,000 9,000 3.822 ' 9;000 Telephone 1,909 2,355 1,581 2,000 2000 .749 2,000 Water 333,814 218,682 178.433 280.000 280,000 88,180 250,000 Sewer Charges 4,306 5,003 7,317 7,000 7,000 4,110. 8,000., Postage and Shipping 519 58 590 300 300 - 960 Administrative Fees 125,001 125,000 127,103 130,000 130,000 64,890 156,030 Rem-B4lding&Equipment 229,893 241,678 277.377 319700 319,001 '173231 320,000 Contract Maintenance 18,774 13.629 20.839 28,000 28,000" 4,129 26.003' Advertising 7,367 8,756 3,850 9,000 9.000 6.201 9000 Storm Water 64,029 64,413 87,597 87,600 87,600 45016 - 91300 Supplies-Office 7,167 5,842 7,797 10,200 10,200 2,830, 8.000, Contracted Services-Repairs and Maim. 59,605 75,399 . 65.251 59,400 59.400" 19,771 .60.090. Other Operating Expenditures 392997 310,663 245,476 357.400 357.400 116.248 "300.000 Other Contractual Services 171 936 170,202 144 387 187.000 187000 ' 64243 194000 Engine and Fuel Lubricants 1 091 206 1 847 1 500 1 500 76 1500 Dues&Memberships • 4184 4,356 6076 6000 6000 ' 2042'. ' :6,200 Promotion • 9025 8605 4379 840Q 8400 - 3459 7000 TOTAL OPFRATING FXPFNDITURFS 2 999 815 2891.008 2,800042 3312000 - 3312,809' 1,521464 3.338 000 EXTERNAL CHARGES ° Central Services-Internal Svc 2853_ 2930 1971 - 3.000 3 000 1 500 3000 Propene Moult-Internal Svc 12523 .- 12761 5077 82000 82000 41,000 • 82000 Fleet Management-Internal Svc 26535 21 938 27282 29000 2900 74500 29:000 Self Insurance-Internal Svc 110000 115000 133.000 137000 137000 ' 68.500 '"137090 AoolcatlonslCamouter Hardware/Network 16000 31000 33000 36000 36000 18000 - 36000 TOTAL INTERNAL CHARGES 181.911 183,629 200.330 287,000 - 287.000 143509 207,0001 INVENTORIES Transfer ON-Debt Service 2000 2000 2000 3000 3000 1500 • 2'000 TOTAL INVENTORIES 2000 2,000 2000 3,000 - 3,000 1,500 2,0057 DEBT SERVICE EXPENDITURES ' Redemption-UT Principal 580000 610000 640000 674000 674000' 675000 ' 705000 Redemption.UTlnterest 223125 192631 161000 128000 126000 72500 • - 94.090 Redemption-L/T Other Costs 2800 2800 2800 4000 4000 2800 4000 TOTAL DEBT SERVICE ACCOUNTS 805925 805431 803,800 805000 - 806.000 750,300 603,000 _ Grand Total: 3999594 3,890,265 3,895,408 4,419,000 - 4,419.000 2,421,493 4;440,009 FY 17/18 FY 17/18 FY 15/18 FY 16117 Budg Actuals as of Budget Request 0975 NORMANDY SHORES GOLF CLUB FV 14115 Actuals Adopted Actuals Actuals Amend Amended 3131/18 FY 1018119 .,Budget Budget EXPENDITURES - PERSONNEL SERVICES Uniforms 6776 6593 6394 8.000 8000 3428''" 700 TOTAL PERSONNEL3ERVICES 6776 8593 8394 8000 - 8090. 3420 7,000 OPERATING EXPENDITURES I Temporary Labor Professional Services 952 412 937 280 1007476 1 066 000 1066000 554,418 "'1121700' Bank Fees 31,940 31,401 32744 31,800 31,800 i 20448 -36.000, Electricity 61 991 52.257 54,600 57000 57,000 29,595 ' 57000 Gas Fuel Oil 8,671 7,441 9,178 9,000 9,000 2,060 10.000' Telephone 240 330 600 600 600 300 1.000 Water 267.498 197.470 203,004 198.000 198.000 ' 145.012- 210,000. Sewer Charges 2.191 2.778 ' 5,151 6.000 6.000 2.995 6.000 Postage and Shipping 735 980 1'1700' Administration Fees 125.000 125,000 125,000 125.000 125,000 62,502 150,000 Rent-Building&Equipment 180146 167254 191 391 219000 219000 120691 218,060 Contract Maintenance 14141 8730 8389 10.800 11800 4404 10000 Advedisino 9959 5191 4261 9.000 9000 1349 5.000 Storm Water 54611 54811 74539 75.000 75900 38305 77.000 Supplies-0ffice 2032 3204 2499 5290 5200 '_ 1789 3000 Contracted Services-Repairs and Mont 32600 35469 31 911 28800 28.800, 13265 25000 Other Operating Expenditures 228995 218859 191 399 236000 236000 161 476 226000 Other Contractual Services 25240 10.223 19296 63000 63000 - ' 47466 63000 Erwin and Fuel Lubricants 1355 C 900 990 Dues&Memberships 2765 2332 4,259 3000 3000 1.292 3,000 Prom050n1 033, 0 2900, 2900 759 1'000 TOTAL OPERATING EXPENDITURES 2,003,754 1.860.029 1,986,677 2,148.000 - -2,148,000 1.207.616. 2225000 INTERNAL CHARGES1 ' Central Services.Internal Svc 2853 2930 ' 1 634 3000- 3000 1500' 3000 ' Properly Mgmt-Imernal Svc 7625 4976 11924 47000 47000 23500 = 47000' Fleet Manaaemem-Internal Svc 18774 13037 16177 18000. 18000 9000 18000 Self Insurance-Internal Svc 66000 69000 87000- 831X0 83000 41500. . 83'000 Aenlicetions/Computer Hardware/Network 11000 23000 24000 25000, 25000 '12500 .25000 TOTAL INTERNAL CHARGES 108,252 112.943 133.735 176,000 - 176,000 88,000 176,0901 DEBT SERVICE EXPENDITURES ' Redemption.UT Principal 290000 305000 320000 337000 337900 335000 355000 Redemption-UT Interest 11563 96316 80500 64000 64000 36250 47000 Redemption-LUT Other Cpm 2800 2800 2800 4000 4000 2800 4000 TOTAL DEBT SERVICE ACCOUNTS 304363 404116, 403,300 405,000 - 405.000 374.050 406,000 Grand Total: 2421144.9 2,383,881 2,510,105 2,737,000 - 2,737,000 '`'1,673,093 2.814,0001 , 1 MIAMBEACH City of Miami Beach,1755 Meridian Avenue,3rd Floor, Miami Beach,Florida 33139,www.miamlbeachfl,gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO.4 • RFP 2018-186-WG GOLF COURSE OPERATION AND MANAGEMENT July 3, 2018 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The- RFP is amended in the following particulars only. I. REVISION 1. RFP DUE DATE AND TIME. The deadline for receipt of Proposals is extended "Until Further Notice." A subsequent Addendum #5 will be issued with additional information and due date. Bidders are encouraged not to submit their proposals until Addendum #5 is released. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoc miamibeachfl.nov. Procurement Contact: Telephone: Email: . William Garviso 305-673-7000, ext. 6650 WilliamGarviso©miamibeachfl.gov Pro•osers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Sin; ey, ' Al Denis Procurement. erector 1 i • I • M1AMIBEACH City of Miami Beach,1755 Meridian Avenue,3rd Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673.7490. ADDENDUM NO.3 RFP 2018.186-WG GOLF COURSE OPERATION AND MANAGEMENT June 25, 2018 • This Addendum to the above-referenced RFP is.issued in response to questions from prospective proposers, •or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. • I. REVISIONS 1. RFP DEADLINE FOR QUESTIONS. The deadline for the receipt of questions is extended until 5:00 P.M., on Friday, June 29, 2018. 2. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 P.M., on Monday, July 9, 2018, at the following location. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to.plan sufficient time to • allow for traffic or other delays for which the Proposer is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a�miamibeachfl.gov. { Procurement Contact: Telephone: Email:. William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miamibeachfl.gov P p sers are reminded to acknowledge receipt of this addendum.as part of your RFP submission. S n r-1y, lex D,. .1 Proc - ent Director 1 1 I Mi i E C City of Miami Beach, 1755 Meridian Avenue,3rd Floor, Miami Beach,Florida 33139,www.mlamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 2 • REP 2018-186-WG GOLF COURSE OPERATION AND MANAGEMENT June 13,2018 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the , following particulars only. I. ATTACHMENTS Exhibit A-Maintenance Equipment Inventory H. ANSWERS TO QUESTIONS RECEIVED Q1) We would like to tour and eat at both facilities, have two of our team members play each golf course or at least ride the golf courses, see the surrounding communities, etc. Ideally, we would like to come for an on-site visit at each property. Would this be possible? If so, are there any restrictions we should be aware of? Al) Representatives from potential proposers are notrestricted from visiting or sampling the amenities of each facility on their own time and at their own expense. However,there will be restricted access to some areas of the facilities. A pre-proposal tour of each facility will be held on June 22, 2018. The tour will begin promptly at 8:00AM at the Miami Beach Golf Club Course rocated at 2301 Alton Road, Miami Beach, FL 33140 and will continue at the Normandy Shores Golf Club thereafter. It is recommended that a representative of the prospective firms attend. Q2) Can the City provide the current golf course maintenance equipment inventory for each golf course? A2) Yes. Please refer to Exhibit A- Maintenance Equipment Inventory,attached. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoAmiamibeachfl.gov. • Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge.receipt of this addendum as part of your RFP submission. 4en: ply, • x Denis Procurement Director 1 EXHIBIT A Maintenance Equipment Inventory 2 1 [NORMANDY SHORES INVENTORY APRIL 2018] Maintenance Equipment Qty. Asset Class Status 2017 JD 7500 TC Precision Cut Fairway Mower #1TC76EAVTHED4003 1 F.F.&E Leased L • 2017 JD 7500 TC Precision Cut Fairway Mower #1TC76EAVTHED4006 1 F.F.&E Leased L 2017 JD 8800 TC Rough Mower • #1TC880AVJGS030168 1 F.F.&E Leased L 2017 Dakota 440 Turf Tender #44003717 1 F.F.&E Leased L 2017 WIEDEN MANN Super 500 Sweeper #1012700006171058 1 F.F.&E Leased L 2017 JD 2500 TC Greens Mower #1TC25EHGVHT100074 1 F.F.&E Leased L 2.017 JD 2500 TC Greens Mower #1TC25EHGEHT100078 1 F.F.&E Leased L 2017 JD 2500 TC Greens Mower #1TC25EHGJHT100072 1 " F.F.&E.Leased L 2017 JD 2500 TC Greens Mower #1TC25EHGEHT100081 1 F.F.&E Leased. L 2017 JD 2500 TC Greens Mower #1TC25EHGKHT100085 1 F.F.&E Leased L 2017 Pro-Gator 2020(GAS) #1TC202ATAHT090233 1 F.F.&E Leased L 2017 Pro-Gator 2020(GAS) #1TC202ATHHT090218 1 F.F.&E Leased • L 2017 Pro-Gator 2020 (GAS) #1TC202ATCHT090190 1 F.F.&E Leased L 2017 DAKOTA 410 Turf Tender • #41018217 1 F.F.&E Leased L 2017 TRU-TURF RS48-11E Golf Greens Roller &Spiker #R14747 1 F.F.&E Leased L j 2017 JD HD300 SPRAYER (for PROGATORS 2020A,2020 & 2030A, 2030) 1 F.F.&E Leased L #1TC300GXVGT065008 2017 JD 1200 Hydro Bunker& Field Rake #1TC1200HEHT090048 1 F.F.&E Leased L 2017 JD 1200 Hydro Bunker& Field Rake #1TC1200HPHT090023 1 F.F.&E Leased L 2017 JD Quick-Adjust 5 Reel Cutting Unit Set (5)of QA5 Vertical Cutting Units SN#'s 1M022VMBKGM080335,1MO22VMBPGM0803 5 F.F.&E Leased L 34,1M022VM BKGM080142,1M022VMBVGMO 80324,1M022VMBPHM090024 • 1 � . • ' u [NORMANDY SHORES INVENTORY APRIL 2018] 2017 JD Quick-Adjust 6 Reel Cutting Unit 14 Blade Cutting Units SN#'s 1M0022FKHM030192,1M0022FCPHM030191, 3 F.F.&E Leased L 1M0022FCPHM030241 2017 FALCON GF11 Covered Spray Boom F.F.&E Leased #505117 1 L 2017 JD TX Turf Gas Gator #1MOTU RFJKHM120280 1 F.F.&E Leased L 2017 JD TX Turf Gas Gator #1MOTU RFJVHM120283 1 F.F.&E Leased L 2017 JD TX Turf Gas Gator #1MOTURFJPHM120312 1 F.F.&E Leased L 2017 JD TX Turf Gas Gator #1MOTURFJAHM120284 1 F.F.&E Leased L 2017 JD TX Turf Gas Gator #1MOTURFJTHM120289 1 F.F.&E Leased L 2017 TRU-TURF TR66 Roll-n-Spike Greens Roller #11381 1 F.F.&E Leased L V I 2017. BUFFALO TURBINE LLC KB4 Cyclone Debris Blower#26769 1 F.F.&E Leased L 2017 VICON PS403 Fertilizer Spreader #VN2020603732 1 F.F.&E Leased L 2017 JD Quick-Adjust 5 Reel Vertical Cutting Units SN#'s 1M022VMBCGM080337, 1M022VMBJGM080336, 3 F.F.&E Leased L 1M022VMBCGM080332 2017. RYAN MFG. INC. 18"JR Sod Cutter #54495201217 1 F.F.&E.Owned 0 Aerway #A05000096N , 1 F.F.&E Owned 0 Pro-core 880#09702-220000193 1 F.F.&.E Owned 0 Billy Goat Vacuum 092616212 1 F.F.&E Owned 0 Toro Push Mower#MZC6-7737820 1 F.F.&E Owned 0 Pro core 648#09200-400835176 1 F.F.&E Owned 0 Jacobsen Walk Mower#1929 1 F.F,&E Owned 0 Flex 21" Walk Mower#04022-260003014 1 F.F.&E Owned 0 Flex 21" Walk Mower#260000214 .1 F.F.&E Owned 0 Flex 21" Walk Mower#260003256 1 F.F.&E Owned 0 Flex 21" Walk Mower#260003244 1 F.F.&E Owned 0 2 3..4, <e 3 , MIAMI BEACH INVENTORY APRIL 2018 Maintenance Equipment Qty. Asset Class Status 2017 JD 7500 TC Precision Cut Fairway Mower #1TC75EAVCHE040002 1 F.F.&E Leased L 2017 JD 7200 H Slope Mower #1TC720H UCH NO40043 1 F.F.&E Leased 2017 JD 7200 H Slope Mower #1TC720HUKHNO40041 1 F.F.&E Leased L 2017 Kubota Tractor MX5800HST 1 F.F.&E Owned 0 #3026008950 Kubota 4300 Tractor 1 F.F.&E Owned 0 Kubota 4900 Tractor 1 F.F.&E Owned 0 2017 JD 2500 E Greens Mower #1TC25EHGHGT095476 1 F.F.&E Leased L 2017 JD 2500 E Greens Mower #1TC25EHGLHT100076 1 F.F.&E Leased L 2017JD 2500 E.Tees Mower #1TC25EHGCHT100079 1 F.F.&E Leased L 2017 JD 2500 E Tees Mower #1TC25EHGTGT095479 1 F.F.&E Leased L 2017 JD 2500 E Greens Mower #1TC25EHGHHT100077 1 F.F.&E Leased L 2017 JD 2500 E Tees Mower #1TC25EHGTHT100083 1 F.F.&E Leased L 2017 2020 E Walk Mower #1M0220EHCHM080225 1 F.F.&E Leased L 2017 2020 E Walk Mower #1M0220EACHM080204 1 F.F.&E Leased L 2017 2020 E Walk Mower • #1M0220EAVHM080205 1 F.F.&E Leased L 2017 2020 E Walk Mower #1M0220EALHM080224 1 F.F.&E Leased L i 2017 2020 H VICON #1TC202ATKHT090212 1 F.F.&E Leased L 2017 2020 H Top Dresser #1TC202ATPHT090208 1 F.F.&E Leased L 2017 TX GATOR #1MOTURFIEHM120290 1 F.F.&E.Leased L l 2017 Pro-Gator 2020H Sprayer #1TC202ATEHT090205 1 F.F.&E Leased L 2017 Pro-Gator HD200 Sprayer Tank #1TC1200HKHT090024 1 F.F.&E Leased L 1 ., , r.,, - ti MIAMI BEACH INVENTORY APRIL 2018 2017 JD 1200 Sand Pro #1TC1200HHHT090047 1 F.F.&E Leased L 2017 JD 1200 Sand Pro 1 F.F.&E Leased L #1TC1200HKHT090024 Toro Pro-Core 648 Aerator 1 F.F.&E Leased L Toro Pro-Core 648 Aerator 1 F.F.&E Owned 0 2017 JD 7500-A Fairway Mower , • #1TC7SEAVEGE030079 1 F.F.&E Leased L 2017 TRU-TURF RS-48-11E Greens Roller #R14713 2 F.F.&E Leased L 2017 Weidemann TV400 Turbo Vac. #31583 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFILHM120223 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFICHM120288 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFJHHM120219 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFICHM12022Q 1 F.F.&E Leased L ' 2017 JD TX Turf Gator#1MOTURFIVHM120221 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFIHHM120222 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFJLHM120240 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFJCHM120282 1 F.F.&E Leased L 2017 JD TX Turf Gator#1MOTURFJCHM120291 1 F.F.&E Leased L 2017 BUFFALO Turbine BT-CKB4 Cyclone Debris Blower#26768 1 F.F.&E Leased L 2017 RYAN MFG. INC. 18"JR Sod Cutter #54495201213 1 F.F.&E Leased L 2017 120 ER Articulator Rough Unit #59580717 1 F.F.&E Leased L 2017. Z997R 0-Turn #1TC2997RVHM031703 1 F.F.&E Leased L 2017 Z997R 0-Turn #1TC2997RKHM031972 1 F.F.&E Leased L 2017 Z997R 0-Turn #1TCZ997RHHM031933 1 F.F.&E Leased L 2 a • W.O.No. Project Name Contractor Name Project Initiated GO BOND Proposal Amount WO Approved Date PO Number PO Date Status 7/31/19 Fwd Work Order Package(WOP)to Pilar for review.Per Rudy,the scope is to provide a civil engineer to address plan review comments for a trailer being provided by others(the City).He reached out to several firms for quotes,but only received one about$3,200.The unit price by hour in the CTC does not pay what the engineer is charging and we have a limit on the hours.He's also concerned that CIP Miami Beach Ocean Rescue Trailer may add additional scope after approving proposal by engineer which may cause #051981.01 Replacement Supplemental TEAM Contracting,Inc. 6/10/2019 N $ 3,823.45 7/31/2019 additional supplementals. 8/1/19 Revised WOP was submitted with bond reimbursement line item to Daniel Miami Beach Bayshore Pavement Cevallos;8/5 Sabrina requested for Daniel C.to discuss supplemental price proposal #055632.01 Markings&Signage Supplemental TEAM Contracting,Inc. 6/25/2019 N $ 12,803.87 8/1/2019 with TEAM.Original supplemental WOP was sent to CIP on 6/26. 8/6/19 Walk-through was scheduled for 10AM today.Olga to create Punch List #056035.00 42 ST Parking Garage HARBOUR Construction 3/1/2018 N $ 364,055.55 11/30/2018 18-30627-1 3/28/2019 items.4/10 Work is substantially complete. 42 ST Parking Garage Supplemental 8/1/19 Supplemental WOP was forwarded to Olga for review:the additional scope . . #056035.01 Waterproofing HARBOUR Construction 7/31/2019 N $ 5,944.25 8/1/2019 includes different coating material;to be discussed at 8/6/19 walk-thru. Miami Beach South Point Park Pedestrian #056041.00 Walkway Proposal Dominican Benches TEAM Contracting,Inc. 3/1/2018 N $ 122,472.25 Approved 2018 18-30319-1 Year 2018 Project in construction. Supplemental-Miami Beach South Point Park Pedestrian Walkway Proposal - #056041.01 Dominican Benches TEAM Contracting,Inc. 11/28/2018 N $ 47,054.08 Approved 2018 18-30319-1 2/28/2019 Project in construction. Miami Beach Structural Repairs @ the #057033.01 Fillmore Supplemental TEAM Contracting,Inc. 3/28/2019 N $ 44,639.66 3/28/2019 18-212-01 5/2/2019 In construction.5/2/19 PO was issued. 8/5/19 Liz asked to keep project open as they will revisit before the end of the month.6/12 per Liz,still moving forward with the project.3/8 Liz still needs to review proposal;May seek additional funds as Parks will add scope to proceed with #059898.00 North Beach Restrooms TEAM Contracting,Inc. 7/17/2018 N $ - 2/11/2019 the work.Proposal$267,503.08. Flamingo Park-Master Plan Fitness Zone #060806.01 Supplemental TEAM Contracting,Inc. 3/12/2019 N $ 6,144.68 3/13/2019 18-377-1 4/15/2019 4/15/19 PO was issued. Flamingo Park-Master Plan Fitness Zone 8/5/19 Sabrina asked for Daniel to review proposal with TEAM.7/29/19 Fwd WOP to #060806.02 Supplemental TEAM Contracting,Inc. 7/26/2019 N $ 6,234.10 7/29/2019 Daniel Cevallos. #061034.00 Miami Beach Marine Patrol Docks TEAM Contracting,Inc. 8/29/2018 N $ 357,932.43 Approved 2018 18-394-01 3/13/2019 In construction.3/13 PO issued. 8/1/19 follow up sent to Olga.7/23 and 7/24 TEAM Submitted final revised proposal Miami Beach Marine Patrol Docks with additional scope requested by marine dock patrol.Forwarded WOP to Olga. #061034.01 Supplemental TEAM Contracting,Inc. 6/25/2019 N $ 15,027.56 7/24/2019 7/8/19 Forwarded WOP to Olga Sanchez for review and approval. #061449.00 Sunset Island 3&4 Landscape TEAM Contracting,Inc. 9/18/2018 N $ 133,680.61 2/21/2019 19-175-01 3/13/2019 In construction.Additonal scope was requested. Sunset Island 3&4 Landscape #061449.01 Supplemental TEAM Contracting,Inc. 4/10/2019 N $ 43,099.10 5/13/2019 19-175-01 6/13/2019 In construction.6/13 PO was issued. #062104.00 Public Works Office New Generator LEE Construction 10/8/2018 N $ 295,649.75 2/13/2019 19-102-01 5/23/2019 In construction.5/23 PO Issued. Public Works Office New Generator 8/6/19 Still pending final approval of contract.Contractor submitted bond rider #062104.01 Supplemental LEE Construction 4/22/2019 N $ 42,950.74 4/23/2019 7/23/2019 increase;which was also recorded.WOP executed 6/5/19. Property Management Office New #062105.00 Generator LEE Construction 10/8/2018 N $ 228,856.26 2/14/2019 19-103-01 5/23/2019 In construction.5/23 PO Issued. Property Management Office New - 8/6/19 Still pending final approval of contract.Contractor submitted bond rider #062105.01 Generator Supplemental LEE Construction 4/22/2019 N $ 93,042.16 4/23/2019 7/23/2019 increase;which was also recorded.WOP executed 6/5/19. 7/31 Olga advised State approved JO;WOP will be approved in August's Special Miami Beach Scott Rakow Windows Meeting.7/15 Met with Prop.Mgmt.to assist in responding to the State's Grant #063459.00 (FEMA) Shiff Construction 11/28/2018 Y $ 697,177.86 12/27/2018 compliance requirements. \ I • AAM B EAC H City of Miami Beach, 1755 Meridian Avenue,3"d Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 1 RFP 2018-186-WG GOLF COURSE OPERATION AND MANAGEMENT June 7, 2018 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only. I. ATTACHMENTS Exhibit A- Financials II. REVISIONS 1. Revise Appendix C, Specifications, Paragraph 3.14, Golf Professional, as follows: A "Class A: P.G.A. Professional" shall be on site at each Golf Course full time and shall provide lessons and perform all other similar and customary services offered for same at similar establishments in the South Florida area. The playing of the game of golf shall be taught only byqualified instructors whose qualifications have been approved by the Director. The Contractor shall also seek to attract and retain a highly recognized Golf School for the provision of golf instruction at the Miami Beach Golf Club. The City reserves the right to negotiate with the successful proposer the percentage of revenues stemming from lessons/instruction program fees that will be due to the City. III. ANSWERS TO QUESTIONS RECEIVED 01) Can the City provide financials for the past three years for each golf course? Al) Yes. Please refer to the attached Exhibit A Financials. Q2) Can the City provide payroll and fringe breakdown by position for FY 16/17? A2) Yes. Please refer to the response to Question#1 above. Q3) What are the current operation budgets for each golf course? A3) Yes. Please refer to the response to Question#1 above. Q4) Can the City provide a current draft of 18/19 budgets for each golf course? A4) Yes. Please refer to the response to Question#1 above. 05) Page 41, item 7.05 states that all revenues for operations shall be deposited into the aforementioned account. Does this include revenues from lesson/instruction 1 program fees, golf shop retail sales, restaurant revenues? A5) No.'The referenced paragraph refers to the Operating Budget. Revenues due the City from lesson/instruction program fees, golf shop retail sales, restaurant revenues will be deposited into a separate City revenue account. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miainibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. e AI-x Den': • -mend Director. • • • • 2 EXHIBIT A FINANCIALS 3 . ro00A11004085,-.96(19*0.0.1.Es 00010.1.2 I- 000.0019* 0910999 1.8915800 98.001.1.090 •1918.L 90.0 i009.909,270..9ff.,._]ok300.5 DZO 00'0. - 900,601 000507 91.1'406 0902.01. 010110032301A213810.90-8/10.1. 10001.91.199,NOCEZ.AS...,000.0 000'9 0090 0000 OORZ 62590 52410 In-021522.Poil *WO 49 , 0.01 90/,,,,,-aDo•vg 00002 00009 910.90 59914 *91052.101.020.212221 iwocks.p.-2.2w1,,000,500-0,...15.• GOWEE 000.05.0 000000 000900 000080 1021.281r1-20200,99911 tri0IP 14..Illk;14,-*,, .I itP0**,- '007.9DE 'S.4 000901 • 000'9L1 500601. 090011 I 050913 '''Sn:028011aN3371VNItalN3MW17310: VOLES0•DIRRIWI.2.0090.0.•0, ,OWSZ „Z81 _ 000.00 DOW, 000.0.2 I 00011 1 ,9052219MostwHAW22,50/9.5211osloRY WO002.,....55,81 DOWSE:ER !000128 OWES 00009 C0069 00089 R5S 1210152.0-22000.1 WS 02900200..i 'i'l 0800.,.55.5(000231 00081 I 011.91 00.001 10./.81 255 2592191-19aossoww,9.22, 5009....10,•.0,0009*050-, OW09 0000, OM 1.1 9002. 0001 ow wwwwswµwood 10508- .2.5.S.C..q non.*,*= OWE 000.0 nal 0.000 05200 on 101n,11-081001a90000000 91-''9, .,"SS-1*,:lf, 83009090'00019a9119 008904,155E.•90000055:-.'"8106 0.0" - 090.0060 010.9901 680.09101 050.1000 89119111.10109389 01521V21380 W10.1. 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REQUEST FOR PROPOSALS ( RFP GOLF COURSE OPERATION AND MANAGEMENT SERVICES 2018-186-WG RFP ISSUANCE DATE: MAY 18, 2018 PROPOSALS DUE: JUNE 28, 2018 @3:00PM ISSUED BY: BEAC HMIAMIBEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6650 I WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 PROPOSAL EVALUATION 14 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO PROPOSAL" FORM 23 APPENDIX C SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 44 APPENDIX E COST PROPOSAL FORM 47 APPENDIX F INSURANCE REQUIREMENTS 49 EXHIBT A MAINTENANCE STANDARDS 51 RFP 2018-186-WG 2 i 1 I 1 -MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein-or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the"contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification'of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with,PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City seeks proposals form qualified proposers for the exclusive right to operate, manage, maintain, and promote the Miami .Beach Golf Club Course and Normandy Shores Golf Club and related facilities including, without limitation, the pro shop, clubhouse, and food and beverage operations and facilities in a manner consistent with the City's policies and procedures. On September 10, 2003 the City of Mayor and City Commission authorized the execution of a management agreement with Manager for the Miami Beach Golf Club, with a term of three (3) years, effective October 1, 2003, and expiring on September 30, 2006, with two(2)one year renewal terms. On September 5, 2007, the Mayor and City Commission agreed to waive the competitive bidding process, finding such waiver to be in the best interest of the City, and approved a new management agreement with Manger which commenced on October 1, 2007, and expired September 30, 2012. At its July 10, 2012 meeting, the Finance and Citywide Projects Committee discussed the management of the City's golf courses with the members; discussion focusing on the success that Manager had operating the golf courses since the initiation of the first full-service management agreement was implemented in 2003. At the conclusion of the discussion the Committee recommended that Manager's Agreement be extended on a month to month basis; that the Administration meet with Manager to negotiate terms of a new agreement; that City staff provide more detailed information on the cost of other golf course management companies and how the golf courses are maintained; and that the results of negotiations and staffs report be brought back to the Committee for further direction. On April 17,2013, the City Commission adopted Resolution No 2013-28186, accepting the recommendation of the Finance and Citywide Projects Committee (made at its December 20, 2012 meeting) to waive the competitive bidding process for a new management agreement for the management and operation of the City' Golf Courses, finding such waiver to be in the best interest of the City, and authorized the City Manager to finalize and execute a new management agreement with Manager. The Parks and Recreation Department has an estimated annual operating and personnel budget of$7.1 million for 3 RFP 2018-186-WG I MIAMI BEACH this project($4.4 million for the Miami Beach Golf Club and $2.7 million for the Normandy Shores Golf Club). 3.ANTICIPATED RFP TIMETABLE.The tentative schedule for this solicitation is as follows: RFP Issued May 18, 2018 Pre-Proposal Meeting May 30, 2018 @ 11:00AM Deadline for Receipt of Questions June 19;2018 @ 5:00PM Responses Due June 28, 2018 @3:00PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone: Email: William Garviso, CPPB 305 673-7000#6650 WilliamGarviso• miamibeachfl.•ov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado a(�miamibeachfl.gov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. RFP 2018-186-WG 4 J MIAMI BEACH 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda '- clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through ' PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Timetable;section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=79113 • CONE OF SILENCE CITY CODE SECTION 2-486 ' • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 ••,REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR CITY CODE SECTION 2-373 DOMESTIC PARTNERS • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY CITY CODE SECTION 2-374 , VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES • FALSE CLAIMS ORDINANCE - CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed,on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services 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 public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, 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 Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with,the City's Debarment Ordinance as codified in-Sections 2-397 through 2-406 of the City Code. RFP 2018-186-WG 5 MIAMI BEACH 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject,to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters(five (5)days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF.DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three-(3) calendar days • written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and'2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as team members. 18.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1,)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified, without delay or RFP 2018-186-WG 6 MIAMI BEACH interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the Proposer. ,(4)The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may'also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty(120)calendar days after proposal opening date.A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Procurement Department prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with(every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS.All expensesinvolved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 24.'RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and RFP 2018-186-WG 7 MIAMI BEACH dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and,during the time of performance of any contract awarded to it. 26.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and-are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of,Miami Beach, Florida. If the Proposer uses any design, device or.materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties o\ost arising from the use of such design, device,or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the`services provided shall be provided by employees that are educated,trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents,for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General 'Terms and Conditions shall have precedence. . 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance,with the non-discrimination clause RFP 2018-186-WG 8 MIAMI BEACH contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. • 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance(experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. RFP 2018-186-WG 9 MIAMI BEACH l 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contractor agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION.The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION:The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to.public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project_contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. RFP 2018-186-WG 10 MIAMI BEACH 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATION/WITHDRAWALS OF PROPOSALS.A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal.due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 46. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to(as said term and/or condition was originally set forth on the RFP). 47.ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. ,Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless otherwise noted herein. 49. ADDITIONAL ITEMS I SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be'fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order(or Change Order if Purchase Order already exists) or an amendment to the Contract.Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFP 2018-186-WG 11 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the-due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receiptof proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. TAB 1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents.The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully • completed and executed. TAB 2 Experience&Qualifications (Max 40 Points) 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services, including but not limited to: • Full management and operation of golf course facilities similar to the Miami Beach Golf Club and the Normandy Shores Golf Club. • Pro-shop operations, including driving range, merchandise sales and golf cart operations. • Clubhouse operations, including full service restaurant and banquet operations. • Financial, sales and marketing operations. • Golf course maintenance operations. • Experience in the management of municipal and/or public golf courses is preferred For each project that the Proposer submits as evidence of similar experience, the followingis required: project description, agency name, agency contact, contact telephone&email, and year(s)and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and,sub-consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. RFP '2018-186-WG . 12 1 MIAMI BEACH TAB 3 Public Benefit(Max 5 Points) Submit detailed information on how Proposer will provide, on an annual basis and during the term of the contract, public benefit(s)to the City of Miami Beach. The public benefit(s) component may include(but is not restricted to) financial support of the City's educational initiative(s), and/or any other benefits or services that benefit the City, or its residents. TAB 4 Approach and Methodology(Max 25 Points). Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed information, as applicable,which addresses, but need not be limited to: • Pro-shop operations • Marshaling Services • Cart rentals and operations • Driving range operations • Food and beverage service • Grounds/buildings and equipment maintenance • Clubhouse maintenance and operation • Development of golf training programs • Booking of national and international golf tournaments TAB 5 Cost Proposal (Max 30 Points) Submit a completed Cost Proposal Form (Appendix E). 4. FINANCIAL CAPACITY. Within three (3) business days of request by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servletlSupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information, contained in its SQR., It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. 5. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability(including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFP 2018-186-WG 13 SECTION 0400 PROPOSAL EVALUATION • 1. Evaluation Committee.An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation.The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Procurement Department. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1-Qualitative Criteria Maximum Points Proposer Experience and Qualifications 40 Public Benefit 5 A••roach and Methodolo• 25 TOTAL AVAILABLE STEP'1 POINTS 70 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1, as follows. Step 2-Quantitative Criteria Maximum Points Cost/Revenue Proposal 30 Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 35 RFP 2018-186—WG 14 4. Cost/Revenue Proposal Evaluation.The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Cost Example Maximum Formula for Calculating Points ' Vendor Allowable Points (lowest cost 1 cost of proposal being Total Points Vendor Cost (Points noted are for illustrative evaluated X maximum allowable Proposal purposes only.Actual points are points=awarded points) Awarded noted above.) Round to Vendor A $100.00 20 $1001$100 X20=20 20 Vendor B $150.00 20 $1001$150 X20=13 13 Vendor C $200.00 20 $1001$200 X 20=10 10 5.'Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Procurement Department. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Ste. 1 Points 82 76 80 Committee Ste. 2 Points .22 15 12 Member 1 Total 104 91 92 Rank 1 3 2 Ste. 1 Points 79 85 72 Committee Ste. 2 Points 22 15 12 Member 2 Total 101 100 84 Rank 1 2 3 Ste. 1 Points 80 74 66 • Committee Ste.2 Points 22 15 12 Member 2 Total 102 89 78 Rank T 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. • RFP 2018-186—WG 15 APPENDIX A M1AMIBEACH 1 Proposal Certification , Questionnaire & Rea uirements Affidavit 2018- 186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 20187186-WG 16 Solicitation No: Solicitation Title: RFP 2018-186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES Procurement Contact: Tel: Email: William Garviso, CPPB (305)673-7000#6650 WilliamGarviso@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE &REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from . Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.:. TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: • • ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. RFP 2018-186—WG 17 • 1, Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of'the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES I NO SUBMITTAL'REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with;and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT:'Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Depaitment with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In'lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at http://www.miamibeachfl.gov/citv-hall/procurement/procurement-related-ordinance-and-procedures/ r • RFP 2018-186—WG 18 7. Living Wage.Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: _ 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least$2.26 per hour,or a living'wage rate of no less than$13.88 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11:78 per hour with health care benefits of at least$3.22 per hour,or a living wage rate of no less than$15.00 per hour without health care 'benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines,as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at http://vvww.miamibeachfl.gov/city-hall/orocurement/orocurement-related-ordinance-and-procedures/ SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement.Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miarrii'Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami • Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic,partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit 4o domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the City Manager's decision is final/Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ RFP 2018-186—WG 19 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies 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 any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,'nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City. Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may'not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City.with supporting documentation evidencing its compliance upon request. "Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to,,the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. ' 13. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFP 2018-186—WG 20 • DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation ion the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the.City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express_or implied, as to its content,its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation.or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. Pie City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City.. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information'contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any _ action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer,shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFP 2018-186—WG 21 • PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete ;and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of . , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: • • • RFP 2018-186—WG 22 APPENDIX B AA BEAc H " No ' Bid " Form 2018- 186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for,those vendor§ who have received notification of this solicitation but have decided riot torespond, to complete and,submit the attached u&fatement of No Bid." They "Statement of No Bid" provides the City with:, inforhiation on how to improve the solicitation process. Failure°to submit°`a "Statement of No Bid" may result in not being notified of'future solicitations by the City.A. RFP 2018-186-WG 23 • Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _Workload does not allow us to proposal _Insufficient time to respond _Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER.,(Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB PROPOSAL#2018-186-WG 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 • RFP 2018-186-WG 24 APPENDIX C Mx . a'. f '< 1 B EAC H Specifications 2018- 186—WG 1 GOLF COURSE OPERATION AND MANAGEMENT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami�Beach, Florida 33139 RFP 2018-186-WG 25 Cl. Specifications 1.0 Statement of Work Required 1.01 The successful proposer shall have the exclusive right, license, privilege, and duty to operate, manage, maintain, and promote the Golf Course Facilities in a manner consistent with the City's policies and procedures and the opelrations of other similar first-class facilities. The scope of services shall include but not be limited to: 1.01.1 Overall Golf Courses Management. a. Pro shop operations b. Starter services c. Tee time reservations d. Marshaling Services e. Cart rentals and operations f. Driving range operations g. Food and beverage service h. Grounds/buildings and equipment maintenance to City's specifications and manufacturers'specifications Clubhouse maintenance and operation j. Development of golf training programs k. Booking of national and international golf tournaments Securing, execution and monitoring of agreements with Miami Beach hotels for use of the Golf Courses(if approved by the City) 1.01.2 Collection and accounting of all revenues. 1.01.3 Payment and accounting of all expenses in a timely manner using the City's - Financial System: Munis. 1.01.4 Formulation and implementation of operating programs, business plans, and budgets. 1.01.5 Handling of Golf Course Facilities personnel including employment, training, and terminations. 1.01.6 Preparation of monthly and annual financial operating statements. 1.01.7 Maintain the Golf Courses, and all buildings, equipment, utilities, and all appurtenances thereon, in conformity with City's specifications and manufacturers' specifications. 1.01.8 Plan and carry out advertising and marketing program for the .Golf Course Facilities. 1.01.9 Attend to allother matters necessary or expedient for the efficient performance of the Golf Courses operations, including community meetings. RFP 2018-186-WG 26 I 1.01.10 Maintain an annual inventory of all City-owned and/or provided equipment, property and merchandise at the Golf Course Facilities, said inventory list shall be available to the Director upon request. 1.02 Contractor shall have the right of first refusal to provide such optional services, if any, as may from time to time be requested by the Director. 1.03 Contractor shall operate the Golf Courses every day, including Sundays and holidays, and during such hours as are specified by the Director. Closure is permitted only with the prior approval of the Director, except for inclement weather in which case the Contractor, in his reasonable discretion, shall determine closure, and such closure shall be further subject to Section 3.10.2. 1.04 Contractor shall conduct Junior Golf _ Programs/Instruction to the public. The programs/instruction shall be free of charge or at a reduced cost as agreed upon by the Director for City of Miami Beach youth participating in the Parks and Recreation Department's programs. Contractor shall also offer Spring Break Camps and Summer Camps as approved by the Director. The Contractor agrees to organize and manage an annual golf tournament specifically developed to raise funds necessary to continue offer the Junior Golf Programs for City of Miami Beach youth participating in the Parks and RecreationDepartment's programs. 1.05 Contractor shall conduct no other operations or activities upon the Golf Course Facilities other than those set forth in this Request for Proposals. 2.0 City's Responsibilities 2.01 City shall perform the following: 2.01.1. Administer all terms and conditions of the final Agreement: 2.01.2. Monitor standards and specifications; 2.01.3 Review and approve the Golf Courses Operating Budgets pursuant to Section 7.3 herein; 2.01.4 Review and approve, or disapprove, in advance, and within five (5) Business days from receipt of written notice from Contractor, any and all expenses not previously budgeted; 2.01.5 Review and approve,or disapprove, in advance, any alterations to existing facilities; 2.01.6 Provide or make provisions for all equipment needed to operate Golf Courses; 2.01.7 Set all fees; and 2.01.8 Approve, fund and implement capital improvements. RFP 2018-186-WG • 27 U • 3.0 General Management of Golf Courses 3.01 Contractor recognizes that its operations hereunder are a service to users of the Golf Courses and the public. Contractor shall conduct its operations in a first class, efficient, courteous, and accommodating manner. The Director shall have the right to make reasonable objections to the quality and character of articles sold and services, offered to the public; the prices charged; the appearance and condition of the Golf Course Facilities; and employees utilized by Contractor for its operations. Contractor shall promptly 'discontinue or remedy any such objectionable practice upon notification by the Director. 3.02 Contractor shall operate and manage the Miami Beach Golf Club Course and Related Facilities (including, without limitation, the pro shop, clubhouse,and food and beverage operations and facilities) in a first class manner, comparable to other first class operations providing similar facilities and services in the area. "First class operations" shall be defined as the operating standards equal to or greater to the Doral, Turnberry and Diplomat Golf Course Facilities. The Golf Course and Related Facilities at the Normandy Shores Golf Club shall be opened and managed as an upscale residential/ day play golf club. "Upscale residential/ day play golf club" shall be defined as the operating standards equal to or greater than the Plantation Preserve, the Biltmore or Crandon Park Golf Course Facilities. 3.03 Golf Professional Services—General 3.03.1 Contractor shall provide all golf professional services including without limitation, the following: sell, rent, store and/or repair golf equipment; sell golf clothing and supplies; provide instructional services-provided by PGA professionals on staff or secured by the Contractor in the playing of golf; rent golf carts; and operate a driving range. 3.04 Equipment Rentals Contractor shall provide and maintain for rental an adequate and reasonable inventory of golf equipment, as is deemed necessary by Director to adequately meet the public's need therefor. 3.05 Equipment Repair Contractor shall furnish and maintain proper facilities, equipment and devices for the repair of all types of golf equipment and shall make available to the public such repair services as is deemed necessary by Director to adequately meet the public's need therefore. 3.06 Lessons Contractor shall provide a full range of golf instruction including, but not limited to, beginners to advanced, individual and group, and all age_groups. Contractor shall conduct at least three junior golf programs each year in addition to those listed in 1.04. 3.07 Cart Rentals RFP 2018-186-WG 28 3.07.1 Contractor,shall provide and maintain for rental an adequate number of manually operated golf carts, at the golf courses (Miami Beach Golf Club and Normandy Shores Golf Club) if deemed necessary by the Director, to adequately meet the public's need therefore(if the Director determines there is demand for same.) 3.07.2 The City shall provide and the Contractor shall maintain a minimum of seventy-five (75) power driven carts at the Miami Beach Golf Club, and a minimum of seventy-two (72) power-driven golf carts at the Normandy Shores Golf Club, and shall increase the number of carts provided, if deemed necessary by the Director, to adequately meet the public's need therefore. All of the required power driven carts shall have shade tops, wind shields, bag covers, divot replacement sand and trap rakes. The required power-driven carts at the Miami Beach Golf Club shall also have GPS if determined by the Director to be in the best interest of the City. The fleet shall be properly maintained in a clean and fully functional condition. • 3.08 Driving Ranges 3.08.1 Contractor shall be responsible for the operation of the driving range at the Miami Beach Golf Club and the Normandy Shores Golf Club and responsible for ensuring the provision and maintenance of all related amenities. 3.08.2 Contractor shall also be responsible for providing maintenance of and any necessary damage repairs to the driving range facilities, in accordance with the standards and specifications contained in Exhibit"A" hereto. 3.09 Starter Services 3.09.1 Contractor shall provide complete golf course starter services, as deemed appropriate by the Director, including but not limited to controlling starting times; taking reservations for tee times; scheduling tournaments; and collecting green fees and all other applicable golf course fees. 3.09.2 Contractor shall operate all equipment and manage the supplies necessary for the operation of the starter system, including but not limited to: player scorecards; cash registers which shall issue a receipt and keep a permanent record for each sale and business transaction; an automated telephone tee time reservation system for utilization at each Golf Course; telephones, wiring and all equipment necessary for the operation of the automated reservation system at each Golf Course; and a computer system which shall be used to transfer to the Director, on a regular basis attendance, sales and accounting records in a detail and format as requested by the Director. The current golf booking software used by the City is Fore! Reservation. However, the City is presently exploring the possibility of changing its booking software; the successful contractor may be required to use the selected software. 3.09.3 Contractor shall operate and maintain a hotel guest reservation scheduling service and a tournament scheduling services, as deemed appropriate by the Director, including RFP 2018-186-WG 29 but not limited to reserving tournament dates; processing reservation agreements; arranging for tournament assistance; collecting green fees and other fees associated with tournament play; and supplying other services. Manager shall provide Director, monthly, with a complete list of all proposed tournaments. 3.09.4 Contractor shall honor all contracts for tournaments and banquets as shall be scheduled and,approved by City. Any such events shall be coordinated and scheduled with Contractor so as to not conflict with tournaments scheduled by Contractor pursuant to Section 3.09.3 above, and so as to minimize disruption to the Golf Course operations. 3.09.5 Contractor shall be fully responsible for the collection of all green fees, reservation fees, and other monies associated with the operation of the starter-system. Contractor shall be solely responsible for depositing fees collected in the bank accounts established pursuant to Section 7.05, and shall also maintain account reconciliations and bookkeeping related to the fee revenues. Contractor shall account for and deliver to the City all such monies due to City in accordance with provisions contained herein. 3.09.6 Contractor shall keep complete records of account with regard to all monies collected hereunder. Contractor shall also be responsible for and shall keep neat, readable starting sheets. Contractor shall, throughout the term of the final Agreement, comply with Director's policy statement(s) regarding the collection of all fees, reporting requirements,for fees collected, and the system of accountability and procedures therefor. All accounting records and starting sheets shall at all times be completely available for examination by the Director,the City's Chief Financial Officer, or other authorized representative. 3.10 Days and Hours of Operation 3.10.1 Contractor shall keep the clubhouses, pro shops and starter's podiums open every day, including Sundays and holidays. The minimum hours of operation shall be from dawn to dusk, with the exception of closures required by weather conditions. Any changes in the days and hours for operation heretofore prescribed shall be subject to the prior written approval of the Director. 3.10.2 With regard to a Golf Course being out of operation, whenever play must be temporarily suspended on a Golf Course due to inclement weather conditions, the decision on when to allow play to resume, and when to allow golf carts to go out on the courses, will be made by Contractor. 3.11 Starter Service Supplies/Equipment Contractor shall provide all necessary golf starter sheets, golf pencils and an adequate number of accurate and attractive color golf scorecards. All of the aforementioned items shall be in form and content approved by the Director. 3.12 Fees ' Contractor shall charge and collect all Golf Course fees and charges according to a fee RFP 2018-186-WG 30 schedule approved by the Mayor and the City Commission. City reserves the right to keep or to change the fee schedule, in its sole discretion. 3.13 Pro Shop 3.13.1 Contractor may outsource the Pro Shop management to a 3rd Party; however, the Contractor shall remain responsible for all requirements outlined in this scope. 3rd Party must meet all business requirements such as insurance, licenses and staffing as outlined in this scope. 3.13.2 Contractor shall operate stock,staff and maintain the pro shop. 3.13.3 Contractor shall maintain inventory as is deemed necessary by the Director to service the needs of the golfing public, golf outings and tournament play. Inventory shall \ include at a minimum, the following: clothing with the Miami Beach Golf Club logo for men and women; golf,shoes; clubs and bags; and accessories such as balls, hats, gloves, tees, etc. 3.13.4 Contractor shall offer for sale only good of premium quality and for such goods, the Contractor shall charge fair and reasonable prices. Prices shall be set by the Contractor and shall be in conformance with the range of prices for the same or similar operations at similar establishments in the South Florida area. When an item has a suggested retail price pre-marked and established by the manufacturer or distributor, Contractor shall not charge the public a price higher than such suggested retail pre-marked price. If, in the sole opinion of the Director, Contractor is chargingtoo high a retail or rental price for any permitted item, the Contractor shall reduce the price as stipulated by the Director. 3.13.5 Contractor shall staff the facility in a manner consistent with a first-class operation. Said cost of staffing and all related costs shall be paid by the Contractor. 3.13.6 Payment to the City: The Contractor shall pay the City at a minimum, five percent (5%) of the monthly gross revenues for merchandise sales, respectively, on the first day of each month throughout the Term of the Agreement. The Contractor must submit a report outlining the revenues each month as well.. The monthly gross revenue payable to the City may be further negotiated with the successful Contractor. 3.13.7 Contractor shall prepare and maintain an adequate set of records according to generally accepted accounting principles, documenting all of the Contractor's gross revenues. City has the right to request adjustment to the Contractors accounting principles. 3.14 Golf Professional A "Class A: P.G.A. Professional" shall be on site at each Golf Course full time and shall provide lessons and perform all other similar and customary services offered for same at similar establishments in the South Florida area. The playing of the game of golf shall be taught only by qualified instructors whose qualifications have been approved by the Director. The Contractor shall also seek to attract and retain a highly recognized Golf School for the provision of golf instruction at the Miami Beach Golf Club. . 3.15 Golf Courses Marshal Service RFP 2018-186—WG 31 • Contractor shall provide golf courses marshal services. Contractor shall establish with the Director a schedule setting a plan of operation for course marshaling. 3.16 Minimum Grounds Maintenance Service 3.16.1 Contractor shall provide grounds maintenance services for the Golf Courses including without limitation, and at minimum, the obligations to mow, edge, trim, over seed, fertilize, aerate, irrigate, sod, change cups, service tees, top dress, repair divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder, as well as to provide weed, disease and pest control, tree maintenance, maintenance'of irrigation system including mainlines, pumps, boosters and controllers, keep swabs and drain lines in good repair and to provide the necessary maintenance of any appurtenant structures and equipment. A summary of minimum maintenance standards is attached as Exhibit "A", and the Contractor is required to maintain the Golf Course Facilities at this level of quality or better..In addition, the Contractor shall maintain all equipment, utilities, and related structures in good working condition in accordance with City standards and manufacturers' recommendations. 3.16.2 Contractor shall provide a Class A GCSAA (Golf Courses Superintendents' Association of America) Superintendent and a Class C GCSAA (Golf Courses Superintendents' Association of America) Assistant Superintendent at each of the Golf Courses on a full time basis. 3.17 Food and Beverage Services 3.17:1 Sale of Food and Beverages 3.17.1.1 Contractor has the option to outsource the sale of food and beverages to a 3rd Party; however, the Contractor shall remain responsible for all requirements outlined in this scope. 3rd Party must meet all business requirements such as insurance, licenses and staffing as outline in this scope. 3.17.1.2Contractor shall provide for the sale of food and beverages, including beer, wine and alcoholic beverages, and catering services for tournaments, events or groups utilizing the Golf Course Facilities.All food and beverage operations and services shall be of the best quality and provided in the finest manner (based on kitchen/food preparation facilities provided at each golf club), comparable to other resort or municipal residential golf clubs in the South Florida market providing similar services. 3.17.1.3Contractor shall staff the facility in a manner consistent with a first-class operation. Said cost of staffing and all related costs shall be paid by the Contractor. • 3.17.1.4Contractor shall abide by all City contracts in place such as the City's agreement with an exclusive beverage bottler. 3.17.1.5Payment to the City: The Contractor shall pay the City at a minimum, five RFP 2018-186—WG 32 percent (5%) of the monthly gross revenues for food and beverage sales, respectively, on the first day of each month throughout the Term of the Agreement. The Contractor must submit a report outlining the revenues each month as well. The monthly gross revenue payable to the City may be further negotiated with the successful Contractor. 3.17.1.6Contractor shall prepare and maintain an adequate set of records according to generally accepted accounting principles, documenting all of the Contractor's gross revenues. City has the right to request adjustment to the Contractors accounting principles. 3.17.2 Days and Hours of Operation 3.17.2.1 Contractor shall open the restaurants/food & beverage service areas for business in accordance with the days and hours of operation established pursuant to Section 3.10, each and every day, and shall close the restaurants no sooner than thirty(30) minutes after the last golfer has finished play. 3.17.2.2 Contractor shall submit for the Director's approval a schedule setting forth hours of operation for on.course and restaurant food and beverage services. Any ' curtailment or decrease of this service is subject to the prior written approval of the Director. J 3.17.2.3 The days and hours of operation set forth in this Section 3.17.2 shall be complied with unless advance written authorization to deviate from this schedule has been obtained from the Drector. c 3.17.3 Alcoholic Beverages License Contractor shall meet all licensing requirements of the Florida Department of Alcoholic Beverage Control. Contractor shall be solely responsible for the payment of all costs and expenses required to attain such licenses at the Golf Course Facilities and to maintain such licenses for the duration of the term of this Agreement. 3.18 Golf Courses Promotion/Advertising and Promotional Materials 3.18.1 Contractor agrees to advertise and promote the Golf Course Facilities to foster a favorable business environment, stimulate patronage, and support City efforts to maximize use of the Golf Course Facilities (including without limitation, promotion and advertisement of the Miami. Beach Golf Club as a first-class facility and tourist destination, and the 'Normandy Shores,Golf Club as an excellent municipal residential golf destination for residents, tourists and day guests). 3.18.2 Contractor shall work with the Director, City. officials and/or designated City boards, agencies, and committees, golf organizations, the Miami Beach Chamber of Commerce, the Greater Miami Convention and Visitor's Bureau (GMCVB), travel and golf magazines; and tournament promoters in promoting the Golf Courses and golf in the City. Contractor shall also develop and maintain an Internet web page promoting the Golf Courses, listing amenities, etc. RFP 2018-186-WG 33 This web page is subject to the approval of the Director. 3.18.3 Contractor/shall use—its best efforts to develop and maintain cooperative working relationships with the aforesaid persons and organizations in order to provide the best programs and services possible for the public. 3.18.4 Contractor shall not promulgate nor cause to be distributed, any advertising or promotional materials unless prior approval thereof is obtained from Director. Said approval shall not be unreasonably withheld or delayed and shall be deemed to be given if no objection is made within fifteen (15) business days following the Director's receipt of the request for approval. Such materials include, but are not limited to, advertising in newspapers, magazines and trade journals, and radio, and/or television commercials. 3.18.5 Any advertising or promotional materials promulgated by Contractor which contain the words "Miami Beach Golf Club," "Normandy Shores Golf Club," or any derivative thereof, shall also include the City of Miami Beach logo or other reference to the Golf Course Facilities as City of Miami Beach facilities. 3.19 Other.Services 3.19.1 Alternative rates for the Miami Beach Golf Club and the Normandy Shores Golf Club are presently offered through GolfNow.com Memberships in order to bring in additional revenue during low months. Contractors may propose similar discounted services/memberships as a premier participating golf club. 3.20 Optional Services Contractor shall have the right of first refusal to provide such optional services, if any, as may from time to time be requested by the Director. The need, demand, nature and extent of such optional service shall be determined by the Director, at his sole discretion. If, in the sole opinion of the Director, it is appropriate and'in the best interest of the City to offer the right of first refusal for a particular service to some other person or firm, such decision shall not be contested. Should Contractor decline to provide any such service upon request by the Director, Contractor acknowledges that the Director will proceed to make such other arrangements therefor as deemed by the Director to be appropriate, and Contractor shall make no claim no assertion of any further right or entitlement with respect to such matters. 4.0 Golf Course Facilities Equipment and Improvements 4.01 The Contractor herein accepts the Golf Course and Related Facilities at the Miami Beach Golf Club and the Normandy Shores Golf Club, in their "AS IS" physical condition as,of the Effective Date of the final agreement, and agrees to make no demand upon City for any improvements or alterations thereof. 4.02 City shall equip, and Contractor shall maintain, the Golf Course Facilities with all such appliances, furnishings and fixtures and equipment necessary to Contractor's operations hereunder. Any equipment proposed to be installed or otherwise provided by the Contractor, as approved in the RFP 2018-186-WG 34 Operating Budget, shall be subject to prior inspection and approval of the Director. 4.03 Any City equipment used by Contractor shall be taken "as is," inventoried, repaired or renovated, if necessary, and returned to City at the end of the term hereof. Pieces of equipment may be changed out as needed with the prior approval of the Director. - 4.04 Contractor shall make no refurbishment or alterations to the Golf Course Facilities, whether in whole or in part, nor construct additional improvements upon the said Premises, without the prior written approval of the Director. Title to such improvements shall immediately vest and be vested in City at all times during and after the term hereof. 4.05 Contractor shall perform acceptable day-to-day housekeeping and maintain and perform all repairs on the kitchens, dining rooms, bars and pro shops that are necessitated as a result of the Contractor's or its agents' negligence. City shall be responsible for all other repairs and maintenance. All such maintenance shall be of quality equal to or better than the original in materials and workmanship. 4.06 Contractor hereby acknowledges the title of City in and to the Golf Course Facilities, and covenants and agrees never to assail, contest or resist said title, nor to assert with respect thereto any property interest of Contractor. 4.07 Upon expiration or earlier termination of the final Agreement, Contractor shall surrender the Golf Course Facilities to the City in a good state of repair, reasonable wear and tear expected. Contractor shall restore and repair any damage to the Golf Course Facilities, which the Director, in his' reasonable discretion, determines has been caused by Contractor's negligence or failure to maintain, as necessary, to the satisfaction of the Director. Contractor shall be solely responsible for any damage caused by any risk which Contractor is required to insure against. 5.0 Maintenance and Repair 5.01 Contractor shall be solely responsible for the safety and all maintenance and repair of the Golf Course Facilities, and all equipment, furniture and fixtures thereon, and shall maintain the golf courses in conformance with and at a minimum service level as outlined in Exhibit"A", attached hereto. 5.02 Contractor shall provide and maintain in its employ at each golf course, a.golf course superintendent and maintenance crew during normal working hours, as determined by the-Director. All of Contractor's maintenance personnel shall be supervised by a Class "A" GCSAA (Golf Courses Superintendents Association of America) Superintendent. Contractor must employ sufficient personnel to perform all work as scheduled and required by City. All personnel shall be clean and neat at all times and wear appropriate uniforms as approved by the Director. 5.03 With regard to emergency services, Contractor will provide Director with the names and telephone numbers' of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when Contractor's normal work-force is not present. City shall call for such assistance only in the event of a genuine and substantial emergency. RFP 2018-186'-WG 35 5.04 City shall furnish, and Contractor shall maintain, all necessary equipment, supplies and material of good quality and in sufficient number to fulfill the requirements of the final Agreement and to accomplish an acceptable and professional level of maintenance. Director shall confer with Contractor as to approval of the type of each supply, material, or equipment. Supplies, equipment and materials shall include, but not be limited to: 5.04.1 All Golf Course maintenance equipment including but not limited to tractors, fairway mowers, greens mowers, sand rakes, etc., as deemed necessary by the Director. 5.04.2 All necessary gas, oil, and spare parts for all equipment; 5.04.3 Al141ecessary seed, fertilizers, fungicides, insecticides, herbicides; 5.04.4 Parts necessary for the repair and maintenance of all irrigation systems; 5.04.5 Tee towels, soap, ball washers, putting green cups and flags, benches, trap rakes, tee markers, tee mats, trash receptacles, trash receptacle liners, cleat brushes, and all other pertinent Golf Course equipment; 5.04.6 Materials for the installation and maintenance of drains; 5.04.7 Sand for all greens traps and an acceptable substitute for fairway traps on an as needed basis, as determined by the Director. 5.05 Contractor shall maintain and operate the Golf Courses in a clean, safe, wholesome, and sanitary•condition, free of trash, garbage, or obstructions of any kind, and in compliance with any and all applicable present and future laws, general rules, and regulations of any governmental authority in force now or at anytime during the term of the final Agreement (including without limitation, such applicable laws relating to sanitation, public health, safety, br welfare). 5.06 Contractor shall perform acceptable day-to-day housekeeping and maintain and perform all repairs on the Golf Course Facilities, except for those repairs which, upon prior written notice from Contractor of the necessity for same, Director, in his sole discretion, specifically agrees to undertake on behalf of the City. All such maintenance, repairs and replacements shall be of quality equal to or better than the original in materials and workmanship. 5.07 Contractor shall remedy without delay any defective, dangerous, or unsanitary conditions. Manager shall initiate the appropriates actions necessary to correct such situation within the same operational day the unacceptable condition is identified. 5.08 ,The Director may, at any time, without notice, enter upon the Golf Course, to determine if repairs, housekeeping and maintenance, satisfactory to City, are being performed. 5.09 Regularly scheduled inspections of the Golf Courses and 'Contractor's operations authorized herein shall be made by the Director and/ or other authorized City representatives. The written report of such inspections shall be recorded, retained for reference, and forwarded to Manager upon request. RFP 2018-186-WG 36 5.10 The Contractor or his representative shall meet with the Director (or his representative) once every four (4) weeks and at such other times as may be required by Director to review the Contractor's performance under the final Agreement, and/or to discuss any problems or other matters as determined by City. 5.11 Contractor shall supervise janitorial service, including window washing and refuse containers. Manager shall be responsible for cleaning and maintaining all public restrooms on the Golf Courses (including without limitation, at the clubhouse). Restroom maintenance will consist of one complete and thorough cleaning prior to opening each day and a restroom inspection every three (3) hours minimum, with restroom supply restocking and necessary cleaning performed as needed. 5.12 Contractor shall maintain designated areas of the driving range, in accordance with provisions listed in Section 3.08. 5.13 Garbage and Utilities 5.13.1 Contractor shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the Golf Courses and all Related Facilities of all trash, dry and wet garbage, and other refuse resulting from, or in any way associated with the use of the Golf Courses. 5.13.2 To the extent feasible and practical, the Contractor shall establish and implement a program for the recycling of waste materials accumulated upon the Golf Courses, to include food and beverage concession materials and landscape debris. 5.14 Should Contractor fail, after ten (10) days' notice from Director of the need thereof, to perform its obligations required pursuant to Section 5.0, City may, but shall not be obligated to (in addition'to all other available remedies), exercise its right to terminate the Agreement as provided. hereinafter and enter upon the Golf Courses and perform Contractor 's said failed obligations, using any equipment or materials on the Golf Courses suitable for such purposes; provided however, that in the event that the default is not reasonably susceptible to being cured within such ten (10) day period, Contractor shall not be considered in default if it shall, within such period, commenced with due diligence and dispatch to cure, and thereafter completes with dispatch and due diligence the curing of such default but in no event shall such extended cure period exceed ninety (90) days from the date of the initial written notice thereof. 6.0 Contractor's Personnel 6.01 Contractor's activities and operations at the Golf Course Facilities shall be supervised by one or more active, qualified, competent, and experienced employee(s) of Contractor. A general manager on duty shall be on site full time during the Golf Courses' hours of operations. General Manager may designate either the P.G.A. Class A Professional or the Class A Superintendent as duly authorized to act for General Manager in all aspects of its day to day operations. General Manager shall notify Director when General Manager is absent, and who shall act in General Manager's • absence. The General Manager's salary shall be paid directly by the Contractor, not included in the payroll from the City's budget. RFP 2018-186-WG 37 The following are the present personnel levels for the Miami Beach Golf Club and the Normandy Shores Golf Club. Retaining current employees is encouraged but not a requirement of the City. Internal Controls: • (1) General Manager(as described above in 6.01) • (1) Director of Golf • (1) Director of Membership & Marketing • (1) Controller • (1) Purchasing Assistant Miami Beach Golf Club—Golf Operations • (1) Head.Golf Professional • (1) 1St Assistant Golf Professional • (3) Golf Shop Attendants, • (1) Merchandise Assistant • (3) Rangers • (2) Starters • (10) Cart Attendants • (2) Housekeeping Miami Beach Golf Club—Course Maintenance • (1) Head Superintendent • (1)Assistant Superintendent • (1) Spray Technician • (1) Irrigation Technician • (1) Mechanic • (7) Operators • (8) Laborers Normandy Shores Golf Club—Golf Operations • (1) Head Golf Professional • (1) 1St Assistant Golf Professional • (1) 2nd Assistant Golf Professional • (3) Golf Shop Attendants • (3) Rangers • (1) Starters • (6) Cart Attendants • (2) Housekeeping Normandy Shores Golf Club—Course Maintenance • (1) Head Superintendent • • (1)Assistant Superintendent • (1) Spray Technician _ RFP 2018-186-WG 38 • (1) Mechanic • (5) Operators • (5) Laborers 6.02 Contractor's personnel shall at all times while on duty at the Golf Course Facilities be clean and neatly groomed, courteous, efficient, and attired in a suitable uniform, as approved by the Director. Contractor's personnel shall perform its operations authorized hereunder in a businesslike manner, without,rudeness or discourtesy to any erson, or use of profanity. All personnel shall have a clear understanding of the established service levels and at minimum comply with them. All personnel shall participate in and completed a customer services training program and offer the highest level of customer service. This customer service will be stressed by the Contractor at all times. Contractor's personnel shall be subject to drug testing, fingerprinting; background checks, and other related pre- employment standards, as deemed appropriate by the City of Miami Beach Human Resources Department, policies and procedures. Backgrounds checks, drug tests and other related safety and security checks shall apply to all employee(s) of the Con&ractor, its on-site subcontractors such as golf professionals and all new employees who have not previously been through the background process in compliance with City of Miami Beach standards. 6.03 Contractor shall at all times maintain a high standard of services to the public, to .the satisfaction of the Director, who shall be the sole judge of the adequacy thereof. Upon written notice by the Director that the conduct of any of Contractor's personnel at the Golf Course Facilities is detrimental to the best interests of the public, or to City, Contractor shall, within twenty four(24) hours thereafter, furnish evidence satisfactory to the Director of correction of such deficiency. 6.04 Contractor will be responsible for screening, interviewing, testing and training to include, but not be limited to; interviews that include experience, goals, interests, attitudes, motivation and other work related attributes; background checks as deemed appropriate by the City of Miami Beach Human Resources Department, as well as credit history for positions that may require the handling of City funds; verification that its employees are not convicted sex offenders; and training of employees on the City's Service Excellence program for those who interact with the general public as customer service representatives. 6.05 Staffing and Hours of Operation 6.05.1 Subject to the approved Operating Budget, Contractor shall staff its operation with personnel to conduct all operations authorized hereunder, in sufficient number to meet public demand for prompt, courteous, and efficient service. 6.05.2 Contractor shall adjust the'number of its assigned personnel, or its hours of operation, as may be requested from time to time by-the Director. 6.06 Notice of Personnel: Changes Contractor shall, in writing, inform the Director of the full name and specific assignment of each of its'key personnel at each Course used in performance of the Agreement; this shall include the Golf Club RFP 2018-186-WG 39 Contractor(s); the Director and Assistant Director of Golf; the' Director of Marketing and Membership; Director of Merchandising; Controller; and the Superintendents and Assistant Superintendents of Golf Course Maintenance. Contractor shall thereafter notify the Director, in writing, within forty eight (48) hours following any such personnel changes. 7.0 Funding, Budgets and Bank Accounts 7.01 Operating Funds. Subject to Section 7.02, following the approval of the annual Operating Budget for a Fiscal Year (including, without limitation, any annual Operating Budget applicable to the first Fiscal Year during the Term hereof), the City shall make available to Contractor all funds necessary to pay all Operating Expenses incurred or accrued in such Fiscal Year. Such funds shall be deposited by Contractor in the operating account established pursuant to Section 7.05 and used to pay Operating Expenses. 7.02 Non-Funding 7.02.1 The City shall have no obligation to provide funds for the payment of Operating Expenses incurred or committed for, beyond the approved annual Operating Budget, after the date Contractor receives written notice (an "Appropriation Deficiency Notice") of the fact that insufficient funds or no, funds have been_appropriatedfor the Golf Course Facilities. 7.02.2 If the Appropriation Deficiency Notice is of insufficient funds, the City shall pay all Operating Expenses incurred or,committed for after such date which are within the aggregate level of appropriated funds in the approved annual Operating Budget. The City shall pay all Operating Expenses incurred or committed for that are within the aggregate level of funds in the approved annual Operating Budget, prior to the date Contractor receives the Appropriation Deficiency Notice. Any failure by the City to provide funds (beyond the aggregate level of appropriated funds in the annual Operating Budget) for the payment.of Operating Expenses incurred or committed for after Contractor receives an Appropriation Deficiency Notice shall not be a breach of or default under the Agreement by the City. 7.03 Annual Budget; Cash-Flow Budget 7.03.1 During the City's annual budget and review process of each year, Contractor will prepare an annual operating budget for the next Fiscal Year to meet the scope of services and objectives under the final Agreement. Such budget shall contain appropriate line items for revenues and expenses and the projected net operating deficit or surplus. 7.03.2 The Mayor and City Commission, each year during the Term hereof, shall review and approve annual Operating Budget for the succeeding Fiscal Year for the Golf Courses in the course of the City's annual budget review process. - 7.03.3 The annual budget referred to in Sections 7.03.1 and 7.03.2 above shall be reviewed and subject to approval by the City Manager, and the Mayor and the City RFP 2018-186-WG 40 Commission. The City Manager and the Mayor and the City Commission shall notify Contractor of any changes to the annual Operating Budget for the succeeding Fiscal Year proposed by Contractor and with such changes, if any (as are made by the City), such budgets shall be the Operating Budgets for the following Fiscal Year. 7.03.4 On or prior to the commencement date hereof, Contractor has given its comments and observations on the preliminary annual Operating Budget for the first Fiscal Year hereof prepared by the City. Contracto'r has submitted to the City Manager and the Mayor and the City Commission its proposed annual Operating Budget for the first Fiscal Year ' hereof; such proposed budget shall be treated in the same manner and create the same rights as obtained following the submission of annual budgets as described in Section 7.03.3 above, provided that the City shall notify Contractor of any changes to such annual budget. 7.04 Budget Modifications Initiated by the City. • In the event that itappears, in any year during the term hereof, that the actual Net Operating Loss/Profit for such Fiscal Year will be larger than projectedin the annual Operating Budget for such Fiscal Year, the City Manager and/or the Mayor and the City Commission may request from Contractor a plan for reduction of Operating Expenses to a level consistent with the budgeted Net Operating Loss/Profit amount. Contractor shall forthwith comply with any such expense reduction requested by the City, and the Operating Budget for such Fiscal Year shall be modified accordingly. 7.05 Receipts and Disbursements .Contractor shall establish and maintain in a bank designated by the City's.Chief Financial Officer an operating bank account for the promotion, operation and management of the Golf Course Facilities in the name of the City, with Contractor as agent and with signature authority in'such employees of Contractor as Contractor shall determine. All revenues collected by Contractor from the operation of the Golf Course Facilities shall be deposited into such account and Operating Expenses shall be paid by Contractor as agent for the City from such account. All revenues collected by Contractor arising from operation of the Golf Course Facilities are the sole property of the City, held.,in trust by Contractor for the City for application as provided herein. Any amounts remaining in said account upon termination of this Agreement for any reason, after payment of all outstanding Operating Expenses, shall be promptly paid by Contractor to the City. 8.0 Records and Reports 8.01 Contractor shall prepare and maintain an, adequate set of records, in detail and methodology satisfactory to the Director and the City's Chief Financial Officer, documenting all Golf Course Facilities-gross revenues and Operating Expenses pursuant to this Agreement. Such method shall include the keeping of the following records: 8.01.1 Regular books of accounting, such as general ledgers; 8.01.2 Cash receipts and cash disbursements journals, including any supporting and underlying documents such as invoices, vouchers, checks, tickets, bank statements, etc.; RFP 2018-186-WG 41 8.01.3. State and Federal income tax returns and sales tax returns and checks and other documents proving payment of sums shown; 8.01.4. Cash register tapes (daily tapes may be separate but shall be retained'so that from day to day the sales can be identified) and golf starter sheets. 8.01.5.Annual inventory of equipment, merchandise and other related materials. 8.02 Contractor shall record all sales by means of cash registers which publicly display the amount of each sale and automatically issue a customer's pre numbered receipt or verify the amount recorded on a slip. Said cash registers shall in all cases have locked in sales totals and transaction counters which continuously accumulate and which cannot, in any case, be reset and, in addition thereto, a tape located within the register on which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record. In the event of a technical or electrical failure of the cash registers, Contractor shall record by hand all 'collections and issue a sequentially_pre numbered customer's receipt in like manner. Under no circumstances shall Contractor conduct sales which are not recorded or for which customer receipts are not issued. 8.03 Any other reporting records that the Director deems necessary for proper reporting of receipts and disbursements. 8.04 If at any time the Director or the City's Chief Financial Officer 1 deems Contractor's accounting practices or procedures inadequate or not in accordance with City procedures, Contractor shall make requested adjustments to its practices and procedures. • 8.05 Contractor shall submit monthly to the Director a written report, in a format and in detail satisfactory to the Director, of all Contractor's gross revenues from all operations at the Golf Course Facilities during the preceding calendar month. Such report shall include, without limitation, a daily breakdown of such gross revenues,to be made available upon request by the Director. 8.06 Preparation of reports with respect to all financial aspects of the Golf Courses, such as payroll data, cash receipts, accounts receivable, budget reports and detailed profit center information; 8.07 Maintenance of accounting records and preparation of annual financial statements of the Golf Course Facilities in accordance with generally accepted accounting principles, consistently applied, including all required footnotes and disclosure. 8.08 Financial Statement and Miscellaneous Reports • , In addition to such other reports as may be required by the final Agreement, Contractor shall submit the following reports to the Director: , 8.08.1 Financial Statement Within forty five (45) days following the\last day of each Fiscal Year hereunder, or at any RFP 2018-186--WG 42 early termination of the Agreement prior to the end of the Term, Contractor shall submit a financial statement covering all business transacted by it at the Golf Course Facilities during such period, and all gross revenues, commissions and other income derived therefrom.. Such financial statement shall be compiled by Contractor in accordance with generally accepted accounting practices, and shall be such format and detail, as is satisfactory to the Director. 8.09 Miscellaneous Reports Any other financial or statistical reports reasonably requested by the Director from time-to time during the term hereof shall be provided by the Contractor, without cost to the City, within a reasonable period of time. 9.0 Monthly Reporting 9.01 Contractor is required to provide the City with a monthly income statement report. The City will reconcile this report with starter sheets and other source documents to determine if all gross revenues have been included in the report. This includes revenues from the Pro Shop and Food and Beverage. The report will also be analyzed to determine if expenditures are reasonable based on the Operating Budget. If an error is found, the City will contact the Contractor immediately. 10.0 Permits and Licenses 10.01 Contractor shall obtain and maintain in full force and effect throughout the Term of this Agreement any and all applicable permits and business licenses which may be required by any law, including administrative regulations and local ordinances, for the conduct of Contractor's operations hereunder. Within ten (10) calendar days from the Effective Date, Contractor shall furnish the Director with copies of all such permits and licenses. RFP 2018-186-WG 43 APPENDIX D MIAMI BEAcH Special Conditions 2018- 186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018-186-WG 44 1. TERM OF CONTRACT. The initial term of the Agreement shall be for five (5) years. The effective date of the Agreement is anticipated to be on October 1, 2018. A Contract Year, as referred to herein shall start on October 1st and end on September 30th of the following year. 2. OPTION TO RENEW. The City,through its City Manager, will have the option to extend for two (2) two-year periods at the City's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. 3. MANAGEMENT FEE. As consideration for providing the services specified herein, the City shall pay the successful Contractor an annual Management Fee for the performance of services at the Miami Beach Golf Club and the Normandy Shores Golf Club. The Management Fee shall be paid in equal monthly installments due on or before the last day of each month. 4. INCENTIVE FEE. In addition to the Management Fee, the successful Contractor may be entitled to, and may receive from the City, an annual Incentive Fee for the Miami Beach Golf Club and Normandy Shores Golf Club. The Incentive Fee will be negotiated with the successful Contractor. 5. PERCENTAGE OF GROSS(PG) The Contractor shall pay the City at a minimum, five percent(5%) of the monthly gross revenues for merchandise sales, as well as, food and beverage sales, respectively, on the first day of each month throughout the Term of the Agreement. The Contractor must submit a report outlining the revenues each month as well. The monthly gross revenue payable to the City may be further negotiated with the successful Contractor. 6. PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. It is the:,responsibility of the Successful Contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the Successful Contractor, its employees or agents. 7. LICENSES, PERMITS AND FEES. The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein related to the installation and proper functioning of advertising equipment/signs etc. Damages, penalties and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 8. EXAMINATION OF SITES RECOMMENDED. Prior to submitting its offer it is advisable that the vendor visit the sites of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and or labor required. The vendor is also advised to examine carefully the specifications and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. 9. CONTINUITY OF SERVICES. (a)The Contractor recognizes that the services under this contract are vital to the City and must be continued without interruption and that, upon contract expiration, a successor, either the City or RFP 2018-186-WG 45 another contractor, may continue them. The Contractor agrees to (1)furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b)The Contractor shall, upon the Contracting Officer's written notice, (1)furnish phase-in, phase- out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required.The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the servicescalled for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on- site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them to the successor at the contract transition date mandated by the City. • 1 � RFP 2018-186-WG 46 APPENDIX E AA BEAc H Cost Proposal Form 2018- 186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES • PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018-186-WG 47 APPENDIX E COST PROPOSAL FORM Failure to submit,Cost Proposal Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no'claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive.All corrections on the Cost Proposal Form shall be initialed. (C) (A) (B) Monthly Total Item Description Quantity U I M. Cost (A XB=C) Management Fee Monthly Rate(Inclusive 1 of Normandy Shores Golf Course and 12 Months $ $ Miami Beach Golf Course (A) Annual Gross (B) (C) Revenue(for point Percentage of Total for point calculation purposes Gross revenue to calculation purposes only,this is not a City of Miami only). guarantee or Beach. (A XB=C) estimate as to the expected revenue) Item Description 2 Percentage of Gross(PG)Revenue to the $2,300,000.00 % $ City for merchandise,food and beverage sales (ITEM 1 TOTAL) MINUS (ITEM 2 TOTAL)=GRAND TOTAL* *$ *The Grand Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: RFP 2018-186—WG 48 APPENDIX F M I AM I BEACH Insurance Requirements 2018- 186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018-186-WG 49 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability- $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFP 2018-186-WG 50 EXHIBIT A MAINTENANCE STANDARDS RFP 2018-186-WG 51 ATTACHMENT C CONSULTANTS RESPONSE TO THE (RFP) Detail by FEI/EIN Number Page 1 of 2 Flonda Department of State DIVISION OF CORPORATIONS / /AVOoii of • r�i9l .org Co-v PCj; rut official Stare of Florida website Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Limited Partnership PROFESSIONAL COURSE MANAGEMENT II, LTD. • Filing Information Document Number A29562 FEI/EIN Number 65-0169499 Date Filed 01/25/1990 State FL Status ACTIVE Principal Address 10000 BISCAYNE BLVD MIAMI SHORES, FL 33138 Changed: 06/17/2019 Mailing Address 10000 Biscaybe Blvd Miami Shores, FL 33138 Changed: 02/06/2014 Registered Agent Name&Address POZZI,ALBERTO 10000 BISCAYNE BLVD. MIAMI SHORES, FL 33138 Name Changed: 04/27/2006 Address Changed:04/29/2005 General Partner Detail Name&Address Document Number L43956 PROF. COURSE MGMT II,INC 85 Weston Road Suite 101 Weston, FL 33326 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 8/7/2019 Detail by FEI/EIN Number Page 2 of 2 2017 01/11/2017 2018 01/12/2018 2019 02/08/2019 Document Images 02/08/2019--ANNUAL REPORT View image in PDF format 01/12/2018--ANNUAL REPORT View image in PDF format 01/11/2017--ANNUAL REPORT View image in PDF format 03/09/2016--ANNUAL REPORT View image in PDF format 03/11/2015—ANNUAL REPORT View image in PDF format 02/06/2014—ANNUAL REPORT View image in PDF format 02/28/2013--ANNUAL REPORT View image in PDF format 04/02/2012--ANNUAL REPORT View image in PDF format 02/18/2011--ANNUAL REPORT View image in PDF format 01/07/2010—ANNUAL REPORT View image in PDF format 01/14/2009--ANNUAL REPORT View image in PDF format 04/22/2008--ANNUAL REPORT View image in PDF format 04/25/2007--ANNUAL REPQRT View image in PDF format 04/27/2006—ANNUAL REPORT View image in PDF format 04/29/2005—ANNUAL REPORT View image in PDF format 04/26/2004—ANNUAL REPORT View image in PDF format 04/17/2003--ANNUAL REPORT View image in PDF format 04/25/2002—ANNUAL REPORT View image in PDF format 05/01/2001—ANNUAL REPORT View image in PDF format 04/28/2000—ANNUAL REPORT View image in PDF format 12/30/1998—ANNUAL REPORT View image in PDF format 12/31/1997--ANNUAL REPORT View image in PDF format 11/05/1996--ANNUAL REPORT View image in PDF format Florida Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype-FeiNu... 8/7/2019 nu (, ddi L 7J' ta, pw • . lts* 141X ti yl Peach 413egy 11P• p' i► � y�'^i,�y .`.: •u ♦ \ • •P Y ' r 4 P :i Y r .,,y..ZY K �_ , X• 0 rt __ '' y , '1• ny J' - sin i PROPOSAL FOR GOLF COURSE OPERATION AND MANAGEMENT SERVICES CITY OF MIAMI BEACH RFP #2018-186-WG SUBMITTED BY: PCII PROFESSIONAL COURSE MANAGEMENT y 1,....,4,-.., • l R -. ...lti ` K _ _. , 'i'i., �' R • • 1. 1 s I., jottsii .......,.......: ....‘.44/11,...1646,,,,,-. - • 4:114. 5: 1/001..',4 pp e ,:l - ( y K - ..,,¢ /fit a« ',- - .r . ., ....;.k.. > 'n. S• S r K s . 4 NORMANDY SHORES - .rte •., GOLF CLUB • wkkaVA01 .L ■ ■ 6.,ti co Cover Letter & Minimum Qualifications Requirements COVER LETTER AND TABLE OF CONTENTS 1, j. _J7 pcm PROFESSIONAL COURSE MANAGEMENT PROPOSAL FOR GOLF COURSE OPERATION AND MANAGEMENT SERVICES CITY OF MIAMI BEACH RFP#2018-186-WG Professional Course Management (PCM)formally submits the following proposal in accordance with RFP #2018-186-WG for Golf Course Operation and Management Services, to the City of Miami Beach. PCM and its staff are proud of their achievements over the past 17 years operating the Miami Beach Golf Club and Normandy Shores Golf Club. We believe continuity and consistency are the keys to the long term success of our company. Our goal is to continue a long and mutually beneficial relationship between the City, PCM and the residents of Miami Beach. We trust that our proposal will convey what we know:that PCM, its principals, consultants,and staff are eminently the best qualified firm to successfully manage, operate and maintain the Miami Beach Golf Club and Normandy Shores Golf Club for the City of Miami Beach. The greatest asset of PCM and its principals, are the personal relationships that we have created and maintained over the last 35 years in the South Florida golf market. PCM's business strategy has been to manage golf courses exclusively in Dade and Broward counties. Our relationships in the South Florida community, with charitable and civic organizations, corporations, members, Miami Beach residents, and the tourism industry have .$ been the main ingredient in the success of the PCM operated Miami Beach golf courses. These relationships are exclusive to PCM and will ensure the continued success of the Miami Beach golf courses operations. A recent USA TODAY Network-Florida analysis of municipal golf course records quoted in the national golf publication, GolfWeek, found that Florida municipal golf courses lost $100 million in the past 5 years. Since the inception of PCM's contract, the City of Miami Beach golf courses have generated in excess of $10.7 million in net operating income before capital and debt services. PCM will let these financial results speak for themselves. We look forward to continuing our service to you. Thank you for your consideration. Respectfully, Johnny LaPonzina, President Professional Course Management SUBMITTED BY: PROFESSIONAL COURSE MANAGEMENT 10500 TAFT STREET PEMBROKE PINES, FL 33026 PRIMARY CONTACT:ALBERTO POZZI (786)348-3858 EMAIL:APOZZI@MIAMISHORESGOLF.COM 2 • TABLE OF CONTENTS TAB 1 Cover Letter and Minimum Qualifications Requirement 1.1 Cover Letter and Table of Contents 1 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A) 4 TAB 2 Experience and Qualifications 2.1 Qualifications of Proposing Firm 14 • Recent and Past Letters of Recommendation and References 20 2.2 Qualifications of Proposer Team 36 Tab 3 Public Benefit 67 Tab 4 Approach and Methodology 68 • Exhibit 1 70 • Exhibit 2 72 • Exhibit 3 75 • Exhibit 4 89 Tab 5 Cost Proposal 167 3 PROPOSAL CERTIFICATION , QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT ( APPENDIX A ) 4 • APPENDIX A tolAt\AIBEAcH Proposal Certification , Questionnaire & Requirements Affidavit 2018-186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3 rd Floor Miami Beach, Florida 33139 RFP 2018-186-WG 5 Solicitation No: Solicitation Title: RFP 2018-186-WG GOLF COURSE OPERATION AND MANAGEMENT SERVICES Procurement Contact Tel: Email: William Garviso, CPPB (305)673-7000#6650 WilliamGarviso@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE &REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements,and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated.This Proposal Certification,Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: Professional Course Management NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: 28 28 205 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: N/A FIRM PRIMARY ADDRESS(HEADQUARTERS): 10500 Taft Street CITY: Pembroke Pines STATE: ZIP CODE: FL 33026 TELEPHONE NO.: (954)433-8800 TOLL FREE NO.: N/A FAX NO.: (954)433-7387 FIRM LOCAL ADDRESS: Same As Above CITY: STATE: >.. ZIP CODE: PRIMARY ACCOUNT REPRESENTATNE FOR THIS ENGAGEMENT: Alberto Po i ACCOUNT REP TELEPHONE NO.: (786)348-3858 ACCOUNT REP TOLL FREE NO.: N/A ACCOUNT REP EMAIL: - APoui@mlamishoresgolf.com FEDERAL TAX IDENTIFICATION NO.: 65-0169499 The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. RFP 2018-186—WG 6 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES X, NO SUBMITTAL REQUIREMENT:Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest often(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT:Proposers must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted,the following information is required: 1)Firm Name,2)Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment orContract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,,orhad a contract cancelled due to non-performance b an public sector agency? YES X NO SUBMITTAL REQUIREMENT:If answer to above is'YES,Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code.Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual orentity has contributed to the campaign eitherdirectly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT:Proposer shall submit firm's Code of Business Ethics.In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at http://www.miamibeachtl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ RFP 2018-186—WG T. Living Wage.Pursuant to Section 2-408 of the City of Miami Beach Code,as same may be amended from time to time,covered employees shall be paid the required living wage rates listed below: 1. Effective January 1,2018,covered employees must be paid a living wage rate of no less than$11.62 per hourwith healthcare benefits ofatleast$2.26 per hour,or a living wage rate of no less than$13.88 perhourwithouthealthcare benefits. 2. Effective January 1,2019,covered employees must be paid a living wage rate of no less than$11.70 per hour with health care benefits of at least$2.74 per hour,ora living wage rate of no less than$14.44 per hourwithout health care benefits. 3. Effective January 1,2020,covered employees must be paid a living wage rate of no less than$11.78 per hour with health care benefits of atleast$3.22perhour,ora living wage rate ofno lessthan$15.00 perhourwithouthealth care benefits. The living wage rate and health care benefits rate may,by Resolution of the City Commission be indexed annually for inflation. using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labors Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in a particularyear). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may, at its sole option,immediately deem said Proposer as non-responsive,and may further subject Proposer to additional penalties and fines,as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/Drocurement-related-ordinance-and-procedures/ SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement.Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide'Equal Benefits"to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractors employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A Does yourcompany provide oroffer access to any benefits to employees with spouses orto spouses of employees? x YES NO B. Does yourcompany provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*orto domestic partners of employees? x YES NO C. Please check all benefits that apply to your answers above and list in the"other section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with. Provide Benefit Spouses Domestic Partners Health x x Sick Leave x x Family Medical Leave x x Bereavement Leave x x If Proposer cannot offer a benefit to domestic partners because of reasons outside your control,(e.g.,there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance.To comply on this basis,you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration bythe City Manager,or his designee.Approval is not guaranteed and the City Managers decision is final.Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ RFP 2018-186—WG 8 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal, proposal,or reply on a contract with a public entity forthe construction or repair of a public building or publicwork;may not submit proposals,proposals,or replies 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 any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendorlist. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has notbeen placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach;Florida,prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agreethat no travel shall occur on behalfofthe Cityto North Carolina o rMississippi,norshall any product or services it provides to the Citybe sourced from these states. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation,unless the proposer certifies in writing that the business has adopted and employs written policies, practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"), and which,among other things, (i)prohibits City contractors, as an employer,from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment;(ii)prohibits advertising of employmentpositionswith a statementthatan individualwith a criminal record may notapplyforthe position,and(iii)prohibits placing a statement on an employment application thata person with a criminal record may not apply forthe position. SUBMITTAL REQUIREMENT:No additional submittal is required atthis time.By virtue of executing this affidavit,Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt !41/ Addendum 1 Addendum 6 Addendum 11 5V Addendum 2 Addendum 7 Addendum 12 iV Addendum 3 1 Addendum 8 Addendum 13 i1 , Addendum 4 Addendum 9 Addendum 14 V Addendum 5 Addendum 10 Addendum 15. If additional confirmation of addendum is required,submit under separate cover. RFP 2018-186—WG 9 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuantto this solicitation,or in making any award,or in failing orrefusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals,and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal,the applicant agrees to deliver such further details,information and assurances,including financial and disclosure data,relating to the Proposal and the applicant including,without limitation,the applicant's affiliates,officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers.It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agentsthatany Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice.Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as,if and when a Proposal(or Proposals),as same may be modified,and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes,until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,accurate and complete,to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competentjurisdiction which imposes on the City any liability arising out of this solicitation,orany response thereto,orany action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence,however,shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language,between this Disclosure and Disdaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFP 2018-186—WG 10 PROPOSER CERTIFICATION I hereby certify that:I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of anyMdenda released hereto,and the Disclosure and Disclaimer Statement;proposer agrees to be bound to any and all specifications,terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this sdidtation and failure to comply will result in&qualification of proposal subnitted;Proposer has not dvulged,discussed, orconpared the proposal with dher Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all infatuation contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, indusive of the Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Johnny LaPonzina President Sign re of Pro r s Authorized Representative: Date: (1414A t I Z,5-1 StateofFLORIDA ) On this25 day of June ,209personally ) appeared before meJDhnni(Lafovit`rngwho County of 73v-owaveL ) stated that(s)heisthe T re5rdevi4- of Noir-Aorta(Nursemgm+,a corporation,and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. B-i°re me: . ♦ ' \O/ Nota Pu•lic for the Sta o Flori a �40liNotary Pubic State of Florida My Commission Expires: 1 b�y i ami D . wil T: Lisa Buteha My Commission OG 008311 "of 0 rl Expires 09r18r2020 r RFP 2018-186-WG22 11 CONFLICT OF INTEREST There is no conflict of interest. VENDOR CAMPAIGN CONTRIBUTIONS Johnny LaPonzina, President of Professional Course Management, has a controlling financial interest in the company. He has not either directly or indirectly contributed to the campaign of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. K 12 CODE OF BUSINESS ETHICS STATEMENT Professional Course Management will adopt the City of Miami Beach Code of Ethics. REFERENCES&PAST PERFORMANCE Please see Page 19 for references of past performance. • J 13 51 Experience & CO N Qualifications 1 * U4LIFICATiONs • F N r � C r 4 n vi \ - FI �: tY 14 PROFESSIONAL COURSE MANAGEMENT Professional Course Management (PCM) is a locally owned and operated firm that specializes exclusively in the management and operation of public access golf courses in the Southeast Florida market. The firm, its principals and consultants enjoy a solid and long standing record of success in their respective niches of the golf industry. PCM has been recognized as the most successful and innovative golf management company in South Florida history. The firm's President, Johnny LaPonzina, is the Past President of the South Florida PGA and was unanimously selected by his peers into the South Florida PGA Hall of Fame in recognition for his outstanding contributions to the business and game of golf. Over the past 35 years, PCM has demonstrated its ability to successfully manage, maintain and operate golf facilities in the competitive Miami-Dade and Broward market. During this time, PCM has owned, operated or managed some of the highest profile and most successful golf courses in South Florida history including: Bonaventure Country Club 36 holes Grand Palms Golf Resort 27 holes Inverrary Country Club 54 holes Miami Beach Golf Club 18 holes Municipally Owned, City of Miami Beach Miami Shores Country Club 18 holes Municipally Owned, Village of Miami Shores Normandy Shores Golf Club 18 holes Municipally Owned, City of Miami Beach Palm Aire Country Club 90 holes Pembroke Lakes Country Club 18 holes Municipally Owned, City of Pembroke Pines Presidential Country Club 18 holes Raintree Golf Resort 18 holes 15 PCM's successes are a result of the following basic principles: • Personal relationships and knowledge of the South Florida golf industry • Recognize and satisfy the needs of all customers • Market aggressively • Out-service the competition • Maintain all facilities to the highest standards • Integrity • Creativity and innovation • Personal involvement and on-site management • A spirit of cooperation with its landlords and partners The company realizes that each facility it operates serves a distinct market and with this in mind, it customizes the operation of each to satisfy the diverse requirements of the community, residents, municipality and tourism industry. Recognizing that excellent customer satisfaction and quality golf course conditions, in and of themselves, are not enough to succeed in today's golf environment,.PCM introduced numerous exclusive marketing programs to the Miami Beach golf clubs. Our firm adapted to the challenges the golf industry in general and the Clubs in particular, have faced over the past ten years.These range from the financial crisis of 2009,to hurricanes,the Zika virus scare,and the renovation and partial closure of the Miami Beach Convention Center. To maximize revenue and insure the success of the Miami Beach golf clubs, PCM brought to Miami Beach the following exclusive initiatives: 1) The Premier Card Founded and operated by PCM President, Johnny LaPonzina in 1992, the Premier Card is considered the most successful summer golf membership program ever developed in the public golf course industry, selling over 100,000 memberships to South Florida golfers since its inception. The Premier Card has generated millions of dollars to the over 20 participating golf courses of much needed off season revenue. Premier's inclusion of the Miami Beach golf courses to its program has generated in excess of$9.4 million over the last nine years, which translates on average over$1 million in summer revenue per year for the City of Miami Beach golf courses. 2) Jim McLean Golf Academy at Miami Beach Golf Club In every industry, but none more than golf, "perception is reality". In golf, truly great facilities have outstanding teaching academies. Through PCM's president, Johnny LaPonzina's personal relationship, PCM was able to bring the Jim McLean Golf Academy (one of the most famous and respected names in golf instruction) to Miami Beach, solidifying Miami Beach as a true world- class golf instructional destination.Today, the Academy is the highest grossing golf school of any municipal golf facility in the United States, generating over $750,000 in gross income of which the City of Miami Beach collects 20%, $150,000 annually for the City. 16 3) The South Beach International Amateur This event was founded and created by Johnny LaPonzina, President of PCM,to be hosted at the Miami Beach Golf Club and Normandy Shores Golf Club. Under the direction of Executive Director,Jeff Hunt, it is now ranked the#5 amateur tournament in the world based on the quality of the participants,just behind the U.S.Amateur,the British Amateur,the Western Amateur,and the NCAA Division I Championship. As another indication of the events' achievements, 57 of the top 100 ranked amateur golfers in the world have played in our event. Of the 21 amateurs that will play in this years' U.S. open, 14 are past participants.Additionally,the tournament generates over 1,000 hotel room nights with an estimated economic impact of$670,000 to the Miami Beach tourism industry. 4) PCM Database of Local Golfers Over the last 30 years, PCM has acquired the most exclusive and comprehensive database of golfers in Dade and Broward counties. This database, containing postal and email addresses of approximately 25,000 local golfers, is used to promote the golf courses PCM manages including Miami Beach Golf Club and Normandy Shores Golf Club. In addition to these exclusive PCM programs, the following initiatives have greatly contributed to the clubs performance: 1) Corporate, Charitable & Civic Relationships By delivering a superior product combined with outstanding service and long term relationships in the South Florida community, PCM has built a reputation as one of the,leading providers of quality corporate and charitable golf tournaments, hosting over 120 events yearly at Miami Beach Golf Club and Normandy Shores Golf Club. Hosting and organizing golf tournaments are an integral part of PCM's marketing strategy for the clubs. 2) Hotel Concierge Program Through the direct marketing efforts and personal relationships established by PCM and our marketing team, hotel guests pay rack rates and are actively sold tee times by concierges at over 150 hotels in the area. PCM's weekly visits to the sales departments, marketing departments and concierges at these hotels insures a constant state of"top of mind" attitude and knowledge for our hotel partners. Hotel tours of the facilities and special events like the Jim McLean Golf Academy Concierge Golf Clinics, are designed to keep our courses top of mind and help concierges learn about golf and its importance to their guests. 3) Hotel Sales Management Meetings PCM's marketing team works closely with hotels' sales staffs to promote the golf courses. Sales staff meetings and site tours are held regularly to promote the golf courses as another resort amenity to each of the hotels. 17 4) Destination Management Companies Programs PCM, by working closely with the top Destination Management Companies on a daily basis, insures that major corporate golf and hotel outings are aware of the Miami Beach golf"option." Gone are the days of going straight to Doral. 5) Hotel Association & GMVCB Relationships • PCM is an active member, and participates in the activities of the Hotel Association & Greater Miami Visitor and Convention Bureau. PCM is actively involved with these associations securing this incoming business and has established strong relationships with the leaders of the tourism industry and local business community. 6) "Grow the Game" Junior Golf Programs Serving the community and helping "grow the game" is part of PCM's long term strategy for the Miami Beach golf courses, and our free Junior Golf programs do just that. PCM's various complimentary junior programs introduce the game of golf to the youth of Miami Beach, even those who due to financial considerations might not be able to afford the opportunity. From the introductory sessions at each of the youth centers (Scott Rakow, Flamingo Park and North Shore Park) to the twice weekly complimentary Normandy Shores Golf Club Clinics which run throughout the entire school year and the week-long Summer Golf Camp held with the Parks and Recreation Department,our staff of professionals introduce and instruct the golfers of tomorrow free of charge using the SNAG Coaching Kit and even providing free US Kids golf clubs to the youth of Miami Beach. Additionally, the Jim McLean Golf Academy hosts a junior program encompassing Pee-Wee, All Stars and Teens which meets four times a week and a very popular golf summer camp. By virtue of the proximity of its other facilities in the South Florida area and the on-site approach on the part of its top management, PCM is able to recognize the needs of the public and is very responsive to these needs through pricing, service and high quality standards. The synergy created by the cluster of facilities PCM operates, produces more efficiency and enhances its ability in Marketing, Purchasing, Human Resource Management and Financial Administration. Coupled with the strong local presence and the direct involvement of its principals, the stability and continuity of the firms' management team is an invaluable tool that serves to nurture long term relationships with members, the local golfing public, destination management companies, hotels, and golf travel wholesalers. On the following pages, we submit to you as evidence of the firm's experience, a list of municipally owned facilities the firm has managed on a long term basis with great success. Also, you will find letters of recommendation from mayors, city managers, parks & recreation directors, the Miami Beach Chamber of Commerce, the Greater`Miami Convention & Visitors Bureau, hotel industry executives, etc. 18 PROJECTS OF SIMILAR EXPERIENCE (Municipally Owned) Project Description: Miami Beach Golf Club and Normandy Shores Golf Club Full Management Agreement for Operation of two 18 holes golf clubs Agency Name: City of Miami Beach Agency Contact: Mr.John Rebar, Director, Parks and Recreation Email:JohnRebar@miamibeachfl.gov Phone: (305) 673-7730 Scope of Services: Full management and operation of two 18 hole golf courses and related facilities including golf course maintenance,golf operations, pro shop,driving range, merchandise sales,sales and marketing,financial and accounting operations,and food and beverage operations. Term of Engagement: 2001—2018(Current) Interim agreement for golf course grow-in, initial 5 year agreement and two 5 year extensions. Years: 17 Years Project Description: Pembroke Lakes Country Club Full Management Agreement for Operation of Golf Course and Pro Shop Agency Name: City of Pembroke Pines Agency Contact: Mr.Charles Dodge, City Manager Email: CDodge@ppines.com Phone: (954)450-1040 Scope of Services: Management and operation of 18 hole golf course facility including golf course maintenance, golf operations, pro shop, driving range, merchandise sales, and sales and marketing operations,financial and accounting reporting. Term of Engagement: 1996—2021(Current) Initial 5 year agreement and four 5 year extensions. Years: 25 Years Project Description: Miami Shores Country Club Lease Agreement Agency Name: Village of Miami Shores Agency Contact: Mr.Tom Benton,Village Manager Email: BentonT@miamishoresvillage.com Phone: (305)754-6437 Scope of Services: Full management and operation of 18 hole golf course and related facilities including golf course maintenance,golf operations, pro shop,driving range, merchandise sales,sales and marketing operations,financial and accounting operations, and food and beverage operations(37,000 sq.ft. clubhouse). Term of Engagement: 1990—2035 (Current) Initial 10 year agreement and seven 5 year extensions. Years: 45 Years 19 RECENT AND PAST LETTERS OF RECOMMENDATION AND REFERENCES FORE GOLF SERVICES FORE GOLF PARTNERS 10688 Crestwood Drive, Suite D Manassas,VA 20109 (703)367-7237 June 22,2018 To Whom It May Concern: By way of introduction,my name is Charles Staples and I am the Founder,Chairman,CEO,President and majority owner of Fore Golf Services and Fore Golf Partners. Over the last 40 years,my company has owned and operated over 130 golf courses across the United States,including Inverrary Country Club in the South Florida golf market. I write this letter to give my highest recommendation to Johnny LaPonzina and his golf management company,PCM,to continue the successful management operations at the Miami Beach Golf Club and Normandy Shores Golf Club. When I made thedecisionto purchase Inverrary,it was based on bringing Johnny LaPonzina and PCM in as a partner to assist in acquiring and managing Inverrary. Johnny has established a reputation nationally as being one of the most creative and innovative marketing strategists,and successful golf course operators in the.USA. All Of his courses have been extremely profitable,well maintained,and offer high levels of customer service;which has resulted in a loyal customer base identifying with the PCM"brand". Our partnership,under Johnny's guidance at Inverrary, resulted in a very successful venture and we sold the courses after managing them for several years at a substantial profit. I've known Johnny LaPonzina personally for over 40 years. His reputation throughout the golf industry and multiple course successes speak for themselves. Johnny has created a niche in the South Florida golf market and has been able to capture and service golfers consistently at his courses. His strategy of not expanding outside Dade and Broward counties has allowed him and enabled his company to dominate due to his personal relationships and hands on guidance at his courses in the South Florida market. In closing,you will find no one with the knowledge,experience,integrity,work ethic,and commitment for your golf courses. In my humble opinion,he is the only man and company for your courses. Since ely, Charles Staples • Chairman,CEO,and President 21 .44 44.:. 0 , lc ,o - (V '1TH USPOC, j PEMBROKE PINES May 15,2018 CITY COMMISSION Frank C.Ortis MAYOR 954-450-1020 Re: Professional Course Management fortis@ppines.com Thomas Good,Jr. VICE MAYOR- To Whom It May Concern, DISTRICT 1 954-450-1030 tgood@ppines.com For the last 23 years and since I've become Mayor, Professional Course • Jay D.Schwartz Management and its President,Johnny LaPonzina,have been the management DISTRICT 2 company operating the City owned Pembroke Lakes Golf Club. Their financial 954-450-1030 performance, level of service and golf course maintenance, and cooperation with the jschwartz@ppines.com City administration and its residents has been consistently outstanding. In every • Iris A.Siple aspect of their performance,PCM has exceeded our expectations. DISTRICT 3 954-450-1030 The Pembroke Lakes Golf Club is today the pride of the City of Pembroke Pines, 1ple@ppines.com offering a first class experience for residents and visitors. I speak not only as the Angelo Castillo City Mayor,but also as an avid golfer and proud member of the club. DISTRICT 4 954-450-1030 acastillo@ppines.com In light of our experience and the positive results that Professional Course Charles F.Dodge Management has produced for the City of Pembroke Pines, I am compelled to give CITY MANAGER PCM my highest recommendation for your consideration. Should you require more 954-450-1040 information,please feel free to contact me. cdodge@ppines.com Sincerely, /oar-- Frank C. Ortis Mayor • City of Pembroke Pines 1601 City Center Way I Pembroke Pines, FL 33025 954-450-1020 I www.ppines.com 22 ire\ 104.1 JOEY Us-PROGRESS. WITH US • - �� / May 7,2018 PEMBROKE PINES CITY COMMISSION Re :Professional Course Management Frank C.Ortis MAYOR To Whom It May Concern, . 954-450-1020 fortis@ppines.com Over the last 20 years,Professional Course Management has managed the Pembroke Lakes Thomas Good Golf Club for the City of Pembroke Pines. During this time, PCM has overseen the complete VICE MAYOR- renovation of the facility,which includes a new clubhouse building and golf course. Today, DISTRICT 1 Pembroke Lakes Golf Club is one of the outstanding public facilities in Broward County. 954-450-1030 tgood@ppines.com PCM's management practices and onsite leadership provide a first class golf experience to Jay D.Schwartz our residents and visitors. The golf course is impeccably maintained and the level of service DISTRICT 2 is outstanding. These golf course conditions,level of service,and innovative and creative 954-450-1030 ' jschwartz@ppines.com marketing have consistently produced excellent financial results for the facility ensuring the Iris A.Siple long term viability of this tremendous asset for our community. DISTRICT 3 Given our experience at Pembroke Lakes Golf Club,I am happy p to recommend Professional isiple@ppines.com Course Management. Should you require any additional information,please do not Angelo Castillo hesitate to contact me. DISTRICT 4 954-450-1030 Respectfully, acastlllo@ppines.com J. v/�� , Charles F.Dodge ` y���, CITY MANAGER Charles F. Dodge 954-450-1040 City Manager cdodge@ppines.com • City of Pembroke Pines 1601 City Center Way I Pembroke Pines, FL 33025 954-450-1040 I www.ppines.com 23 MacAdam Glinn �S�b40 _ r r r MAYOR ,,,,ge -4 'i, !t 1i�i i�r' 7 �-- VICE MAYOR �,� 10050 N.E. SECOND AVENUE MIAMI MIAMI SHORES, FLORIDA 33138-2382 Jonathan Meltz �OR10 ,,,,„„ TELEPHONE: (3051 795-2207 COUNCILMAN FAX: (305)756-8972 Alice Burch COUNCILWOMAN Steven Zelkowitz COUNCILMAN April 9,2018 Tom Benton VILLAGE MANAGER Richard Sarafan RE: Letter of Recommendation—Miami Shores Country Club VILLAGE ATTORNEY To Whom It May Concern: Miami Shores Village owns an 18-hole golf course including a country club building large enough to host large weddings and other banquet services. In addition, the clubhouse has a large bar area overlooking the golf course,which also provides food service.Since 1990,Professional Course Management(PCM)has been under contract with the Village to manage and operate all day-to-day activities at this facility including golf,tennis and the country club food and beverage services. The Village has renewed PCM's contract on three previous occasions due to the quality service they provide to our residents.This has been a great example of a public/private partnership.When PCM took over our country club operations,the Village was losing approximately$500,000 per year as the clubhouse and golf course both were in poor condition.Fast forward to 2018,I am pleased to report that the interior of the clubhouse has been remodeled and the greens,tees and fairways have all been redone.The course is in the best condition it has ever been.As an added bonus,the Village currently enjoys a positive cash flow since PCM took over management of our facility.The food is good,the service is great and the golf course has never looked better. - Without hesitation,I would recommend Professional Course Management to operate any country club or golf course operation. Sincerely, //Kill Tom Benton Village Manager TJB:eak Mgr-2669 24 Kevin C.Smith 2714 S.W. 7th Avenue Miami, Florida 33129 786-367-6296 June 15, 2018 To Whom It May Concern: Please accept this letter as support for Professional Golf Management, Beach Limited, proposal to operate, manage and maintain the City of Miami Beach's two world-class golf courses and related facilities. As the Director of City of Miami Beach's Department of Parks and Recreation from February of 1993 to September 30, 2013, I was directly responsible for the comprehensive administration of the City's Bay Shore Golf Course (later renamed via City Commission action to the Miami Beach Golf Club) and the Normandy Shores Golf Club. These responsibilities included the management and direct oversight and frequent, often daily interaction with PCM representatives. In the late 1990's the Mayor and Members of the City Commission made the decision to first completely reconstruct the Miami Beach Golf Club and upon its completion immediately reconstruct the Normandy Shores Golf Club. In September of 2001, the City concluded its contract with the existing golf management company and via formal bid, retained PCM (Professional Course Management Beach Limited) to operate and maintain the poorly conditioned Normandy Shores golf course, clubhouse and maintenance facility and cart barn, as well as the Par 3 golf course while the Bay Shore (Miami Beach Golf Club) would be closed for reconstruction. Additionally, PCM accepted the extremely difficult task of growing in the little known paspalum golf turf at the newly reconstructed Miami Beach Golf Club. The history of these golf clubs,their relationship to the Miami Beach residents, their impact on tourism and contributions to the resurgence of Miami Beach as a world- class tourist destination are tied together. Their remarkable success in a very large part can and should be attributed to PCM's (Professional Course Management Beach Limited) management and operation these world class golf courses and related facilities for the past seventeen years. I would offer a few of the several points that should be considered when determining the next team to manage and operate the City's golf courses. • . The top management of PCM, President Johnny LaPonzina and Vice President Alberto Pozzi are local residents and businessmen, less than one hour 25 away, readily willing to respond to any issue requiring their attention. This is opposed to other potential management teams from out of town/state, who would not be available for a few days or only by telephone or teleconference. Not only is the immediate face-to-face communication critical, it reduces time of response as well as the expenses for travel. • PCM's entire team has a comprehensive understanding of how to care, maintain and grow paspalum golf turf. This is a very particular golf turf that requires extensive knowledge to manage. It is critical that each team member from responsible for its care is educated, trained and highly familiar with the Paspalum turf. A mistake in applying the correct fertilizer. rate of application, failure to follow very particular maintenance practices or too much or lack of a specific solution can seriously damage or kill the high quality playing surface which the golfer is paying top dollar to experience. • PCM has a highly successful record of providing the quality customer service to all Miami Beach resident golfers and guests as well as all the tourists visiting Miami Beach to play golf. They have generated millions of dollars of income for the City,while paying the debt to reconstruct the golf clubs and related facilities, and functioned more as a partner with the City than a contractor, often times looking out for the better of the City in lieu of their own interests. One example is PCM's willingness to assume a five (5) year contract extension under the same terms and conditions as the previous agreement. This included no raises, no increased costs to the City and no reduction in the levels of service to be provided by PCM. A second example is PCM's creation of the South Beach International Amateur Golf Tournament. The management created this event to fit in the week after Art Basel and just before the Christmas holidays. This event recently completed its 7- year, attracting golfers and their families from all over and is now ranked 5th in the world of amateur golf tournaments. I was extremely honored to have served the City of Miami Beach and its residents for over 20 years and I always, considered the best interest of the City first and foremost. I am highly confident I am continuing to do so by supporting PCM (Professional Course Management, Limited), in their proposal to Manage, Operate and Maintain the City of Miami Beach Golf Courses, Clubhouses and Related Facilities. Please feel free to contact me at 786-367-6296 should you have additional questions about PCM qualifications. Sincerely, / fl Kevin Smith Retired Director City of Miami Beach Department of Parks and Recreation 26 It El li 1 i GREATER MIAMI Fr THE BEAC.HES` April 9, 2018 HOTEL ASSOCIATION Greater Miami and the Beaches Hotel Association 1674 Meridian Avenue, Suite 420 ' Miami Beach, FL33139 r To Whom It May Concern, As the President& CEO of the Greater Miami and the Beaches Hotel Association, both the Miami Beach Golf Club and Normandy Shores Golf Club provide our clientele an outstanding amenity that they can easily access through the concierge program Professional Course Management has set up.The management and staff's at both courses do an outstanding job and provide two wonderfully maintained championship courses. I support PCM in its effort to be retained as the management company overseeing our'two courses. All the Best, Oat/ Wendy Kallergis President&CEO Greater Miami and the Beaches Hotel Association 27 ') MIAMI BEACH CHAMBER OF COMMERCE • 1920 Meridian Ave,Miami Beach,FL33139 2017.201aEXECUTIVE BOARD OFGOVERNORS Wayne Pohlman,Pullman Lavers LLP,Chairman Michael S.Goldberg,Gibraltar Private Bank&Trust,rmmad.Past ON Robin Jacobs,Miami Beach Cosmetic&Plastic Surgery.VOn Cadir April 3, 2018 Joshua Levy,Pardo Jackson Gainsuug PL,Vol Cria-r Madeleine Romantik o,Compass Real Estate,Vice Chair Stephen J.Farbish,EisnorAmper LLP,Treasurer Aaron Tandy,Palhman Lavas LIP,Sergeant-A2-Arms Reinaldo Borges,Berges•Asset-Niles AkJMads,Pifer Trustee Choir Malls Cohen,KP Kahuneh Properties Sheila Duffy tehrman,Tropic Sr lvivai Alfredo J.Gonzalez,Greenberg Trai.ng,P A Jorge Gonzalez,Bat Hadiour Vdtaga To whom it may concern: Jason Loeb, th&Dig Cleaon, as&Laundry Keith London,Keith London,Inc David Marlin,Terra Grap Anthony Noboa,ODM Perfomlance Solutions,IN Daniel Odoss,GIOL•alPro Recovery Inc • Sandor Scher,Clare Development Solutions Richard Segal,Kruger,Kaplan,Silverman,Kaizen.k Leone.P L The Miami Beach Chamber welcomes the opportunity to support Professional Michael and Ronald Simkins,Lion Financial Course Management(PCM) for their bid of the Miami Beach and NormandyBOARD OF GOVERNORS g Marissa Amulal,Merman Shores Golf Clubs. Morgan Ben-David.AXS Law Group,PLLC Jessica Eve Bonin,What Health South Florida , Chaim Cahane,F ode Capital JC Carey,Wide PCM has been an invaluable member of the community and has maintained Adam Cadratl,Boucher BrethersManagement Inc, Bart H.Cttepenik,Chepook Trushn LLP our golf courses in superior condition. As a Chamber, it is essential for us to Kimberly Cohen,SapoznikInsurance&Assaaaies Jeffrey M.Cohan,EWM Really International hear that residents and guests continue to have great experiences at city Alison Colborg,South Bench Group Hotels JR Fenton,JacksonAgency facilities,so we understand the importance of contracting appropriate Jessica Fuentes,Cale Avenli Alex Furrer,The Saler•Miami Beach companies that can provide that level of service. Abraham&Galbut•Mann Hospitality Mark Gomignanf,Dominion Builders.LLC Joel Glick,Berkowitz Pollock Brant Advisors&Accountants On behalf of the Miami Beach Chamber of Commerce, I proudly endorse PCM Michael Grieco,Criminal Law Office ofMichael C Grieco Isadore Havonick,Magic City Casino for the management of our citygolf clubs and am certain that their Alex Heckler,LSN Partners g Daniel Hertzberg,The Jigs at Caldwell Banker Eric Jacobs,Clear Title professionalism will continue to make playing on our public golf course an Calvin Kohti,MtercedaaSo,w i Services Inc David Kurz, Real exceptional experience. Bentoniunertts,Park One of Florida LLC Jonathan Licberman,hops Commissioner Eddie Urn,City of North Bay Vit age Please feel free to contact me if I should be of further assistance. Paul M.Lowenthal,Southern Audio&Visual Richard Lydecker,Lydecker Diaz LLD Vico Mayor Joy Malakoff,City of Miami Beach David Mancini,David Mancini&Sons Inc Jamie Maniscalco,Keyes Commercial Mala Mcdlavitla,Atlantic Broadband Respectfully, Edwin Malendea.Multimedia Innovators Daniel Minkowitz,SecuntyAlliance William Murphy,Security Alliance Charlie Mustell,Mustell Law Firm Timothy M.Nardi,Mann Hospitality Sheila Orotsky,Buchanan Ingersoll&Rooney PC p/, \ Jay Parker.Douglas Elliman Real Estate pJJ Poole,Miami SW Real Estate Brokerage 6/ Alan Randolph,Bank of the Ozarks / / / Melissa Rubin,Compass Real Estate Mark [/ Andrew Schultz,Morgan Stanley JerryLibbin Emily Sherman,W South Beach Michael Silverman,Comma Company President&CEO Lyle astern,<moor Stern Group John Stuart,Fill College of Communicahen,Archdccture.The Arts Miami Beach Chamber of Commerce Joshua Seminars,Fontainebleau•Miami Beach Jeavan Tillit,East of Collins Alex Tenarelli,Lentos Miami Beach Hotel Caci Velasco,Ocean Ones Association Thomas Zariktan,ED Hotel Miami GOVERNOR EMERITUS James Rocco Boucher,Boucher Brothers s Management Inc Sidney Goldin,Mesm Jewish Health Systtrn Billy Long,OUTFRONT MEDIA Alexander I,Tachmes,Shills&Bowen CORPORATE EMERITUS Jorge Gonzalez,City Naomi Bark of Honda Alatha Player,Florida Power and Lighd Katherine San Pedro.AT&T Florida Steven D.Sonenreich,Mount Sinai Medical Center EX OFICIQ Peggy Benue,Dream South Beach Marc Henderson.Miami•Dado Aviation Department Matt Hollander,MB Convention Center-SpuUra Venue Menegement William Talbert III,GMCVB 28 ,%,,ve,. ..„,pror, GREATER MIAMI IVA)' 1 CONVENTION& • ik VISITORS BUREAU The Official Accredited Destination Marketing Organization for Greater Miami and the Beaches April 25, 2018 -- RE:Recommendation Letter To Whom It May Concern: I am delighted to send this letter of support for Professional Course Management's(PCM)efforts in retaining its management contract of two courses in Miami Beach. The Greater Miami Convention &Visitors Bureau (GMCVB)considers PCM a valuable partner in the tourism community.We feel the Miami Beach Golf Club and Normandy Shores Golf Club are very positive assets and sales tools that we use for marketing the city of Miami Beach. The GMCVB is proud to let our network of customers and friends know that the Miami Beach Golf Club is home for our annual charity golf outing.The professionalism by the staff and attention to detail has been consistent and first class. The course is always immaculate and the food is spot on. Regards, 411 Alvin L.West CFO&SVP, Finance&Administration Greater Miami Convention&Visitors Bureau 701 Brickell Avenue,Suite#2700 Miami, FL 33131 (305)539-3086 701 Brickell Avenue, Suite 2700 • Miami, FL 33131 • USA • 305.539.3000 • MiamiandBeaches.com International Offices: Argentina • Brazil • Canada • Colombia • Ecuador• France • Germany• Mexico • Peru • United Kingdom • Venezuela 29 Cr Printed on recycled paper ».� � m m *Ix rry � + vr 11300 NE 2^d Avenue nf;hi 0 intFrtcdk c.n.1 - 'ihit is; ; Miami Shores,Florida 33161 305-899-3550-ph 305-899-355-fax Toll Free 1-800-756-6000 ext.3550 Gobarrybucs.com April 5, 2018 To Whom It May Concern, I have had the privilege to work with Professional Course Management over the last 16 years. As the Men's Golf Head Coach at Barry University, I annually deal with both Miami Beach and Normandy Shores Golf Club. We host our annual alumni day and an 18-team college tournament at Normandy Shores to rave reviews about the delicious food, well-maintained golf course, and overall professionalism of the staff. PCM takes pride in the overall golf experience of their customers at both courses and the staff does an excellent job. We look forward to continuing our relationship for many years to come. Thank you. Sincerely, Jimmy Stobs Head Coach-Men's Golf NCAA National Champions 2007, 2013, 2014 GCAA Hall of Fame 2015 30 L E FIV S MIAMI BEACH HOTEL Alex Tonarelli �Ir;EJN:,II•al, I: REC1op. May 15,2018 To Whom It May Concern: I am pleased to send this letter of support for Professional Course Management's (PCM) efforts in retaining its management contract of two courses in Miami Beach. Loews Miami Beach Hotel (LMBH) considers PSM a valuable partner in the tourism community. We've held our Charity Golf Tient at Miami Beach Golf Course for the past 6 years, and the team's level of service and professionalism has been first class. The course is always • immaculate and the food is top notch. We also send guests and VIP's to Miami Beach Golf Course and Normandy with confidence knowing they are in good hands. Regards, Alex Tonarelli Managing Director Loews Miami Beach Hotel 1601 Collins Avenue Miami Beach, FL 33139 1 i6ciui„n Aa+:•nui• i t; n,; H „ T :i.lS eua ;a S' F 3c,<..iy;;i ,,:;3; loewshotets.com 31 7 • YAtt ,i.-61 A. '111* CO* � PENTERPRISES Lr4: 346,..E62 Mr. John Laponzina • President Professional Course Management Bonaventure Country Club 200 Bonaventure Boulevard Ft. Lauderdale,Florida 3326-1499 TO WHOM IT MAY CONCERN: Please be advised that Professional Course Management has been operating the Presidential Golf Course on behalf of the writer and hispartners for approximately 10 years. During this period, the operation of the Golf Course,maintenance,and business operation has been first class. John Laponzina,in particular,is a pleasure to know and to do business with. He is a very straight-forward, competent and honest individual. I have no hesitation in recommending him for any endeavor he chooses to pursue. If he could not do a first class job, he is honorable enough not to pursue it. Should you need any further information,please don't hesitate to contact the writer. .---10 (IP c " Irvi .,, Cowan 'jc it Itavoii 37E8 SOUTH OCEAN DRIVE SUITE 715, HOLLYWOOD, FLORIDA 33019 • TELEPHONE: (305) 457-7007, FAX: (305) 457-8438 32 NORMANDY SHORES HOA April 17, 2018 To Whom It May Concern: Please allow this letter to serve as The Normandy Shores Home Owners Associations official position on its relationship with current management overseeing the Normandy Shores Golf Club. Our residents are very fortunate to enjoy a very friendly bond with the Food and Beverage Concession, Golf Course Management and the Pro Shop Staff. In my four-year tenure as President of the Association we have never had any contentious issues arise and our interests have always been put forth. • Management's attitude of"if it benefits the neighborhood then we're happy to help" is a major contributing factor in what make our Community so special. Our association would very much like to continue working with current management and would wholeheartedly recommend to the City that they be rehired. Normandy Shores HOA is a special taxing district comprised of 350 single-family homes that share the island with the golf course. If you have any questions or concerns please do not hesitate to contact me directly. Kind regards, Richard Hull Normandy Shores HOA President 917 838 3991 • 33 Normandy Shores _OA Honorable Mayor Matti Bower &City Commissioners: On behalf of our Normandy Shores HOA, I would like to express our full support towards the existing management team at our Normandy Shores Golf Club. As a golfer myself I can tell you without a doubt that our golf course is considered by many golfers as the "premiere golf course" in all of Miami and undoubtedly this is because of the great professionals you have chosen to manage and run the daily operations of this facility. As President of our HOA, I cannot begin to tell you what a huge plus it has been for our entire island to work with this amazing team of people,from the top brass to the guys who do all the prep work on the course starting at 6:00 AM every day. Every morning crews of what I refer to.as "Lightning Bugs" are out there making sure the entire course is prepped and manicured. The starters begin bringing out the carts and setting up and right at sun up you see the first group ready to tee off and all of a sudden our island comes to live with all sorts of people doing different activities and in most cases like myself, heading out to work. For our very active HOA,most of our activities are planned and happen in our Club House. From all our meetings with neighbors, to meetings with city officials to all sorts of social events, the Club House is the center of it all. Many nights Andy Forbes and a few of the restaurant staff stay up late to let us have our meetings that run after their regular business hours. There is a very close working relation between all our HOA Board and their management team. With their input we are constantly looking at ways to improve our neighborhood by making a safe and fantastic place to live in. We would strongly recommend that our city leaders consider keeping this current management team at our golf course so we can continue to grow and improve the quality of live for our entire city. Sincerely Mickey Minagorri 34 • 4_...01, ft 0 ItWif•Iom,_PSR"5k• Ptiptnt'w�j.�t,�-11S10' cr 110-4ri ;., , ��d; �Senterfitt ,ff:i';:t�%i� ,.. rA atones AT I NI Port Lauderdale One Southeast Third Avenue Jacksonville 251h Floor Los Angeles Miami,Florida 33131-1714 Madison www.akennan.corn Miami New'York 305 374 5600 rel 305 374 5095 fax Orlando Tallahassee Tampa . 'Tysons Corner Washington,DC Neisen O.Kasdin •West Palm Beach (305)982-5,629 nciscn.kasdin'alakerrnan.com June 21,2007 Kevin Smith Director of Parks and Recreation City of Miami Beach • 1700 Convention Center Drive Miami Beach,FL 33139 Re: Miami Beach Golf Club/Professional Course Management(PCM) Dear Kevin: 1 am writing you to strongly recommend extending PCM's management agreement for the Miami Beach Golf Club and the Normandy course. As you know, -the renovation of our courses into first class facilities was a personal priority of mine when I was Mayor. Today, the Miami Beach Golf Club is widely recognized as one of the finest municipal courses in the country. This is because the city did a first class job on the,renovation and'because, since the day it opened,PCM has maintained the course in spectacular shape and provided first class service to customers and residents. Every aspect of the course operation is great; the quality and professionalism of the staff,outside operations,pro shop,food service, and maintenance of the club house. When Normandy is completed it is important that it is maintained and operated with equally high standards. We cannot take chances. PCM has proven that they can open and operate a course with the high standards we expect. I strongly encourage you to retain?CM. Sincerely, Neisen U.Kasdin 0'12565330a) 35 QUALIFICATIONS OF PROPOSER TEAM Johnny LaPonzina President&CEO Lisa Buleha Chris Jett Alberto Pozzi Dr. Ron Duncan Jim McLean Administrative Services General Merchandise Managing Consulting Director of Golf &HR Director Manager Director Agronomist Instruction MBGC I I I I Jim Nourse Steve Farrell Nilda Alonso Jeff Hunt Food&Beverage Director of Golf Controller Director of Marketing irtor MBGC&NSGC MBGC&NSGC MBGC&NSGC and Membership ec MBGC&NSGC Gerard Onacki —Head Golf Professional MBGC Trace Allison —Head Golf Professional NSGC Rick Reeves - Golf Course Superintendent MBGC David Duffy - Golf Course Superintendent NSGC 31 Johnny LaPonzina 10500 Taft Street Pembroke Pines, Florida 33026 954-433-8800 Background Dade County Resident 1960-1984 (Miami Shores Village) Broward County Resident 1984 to 2007 Palm Beach County Resident 2007 to present Education B.S., Louisiana State University, Baton Rouge, LA Full golf scholarship Employment Current Managing Partner- Miami Shores Country Club 18 hole golf facility including complete supervision of all personnel and Club policies. Current Management Agreement- Pembroke Lakes Country Club 18 hole golf facility including complete supervision of golf course maintenance, pro shop, personnel and Club policies. Current Management Agreement- City of Miami Beach, Miami Beach Golf Club and Normandy Shores Golf Club Two 18 hole golf facilities including complete supervision of all personnel and Club policies. Current Founder, President and Managing Partner Premier Golf Card Inc. Established in 1992, the most successful summer membership program in the country. Previous Managing Partner- Palm Aire Country Club 90 hole golf facility(5 courses) including complete supervision of all personnel and Club policies. Previous Managing Partner— Raintree Golf Resort 18 hole golf facility including complete supervision of golf course maintenance, pro shop, personnel and Club policies. Previous Management Agreement- Grand Palms Country Club 27 hole golf facility Previous Management Consultant/ Partner- Inverrary Country Club 54 hole golf facility(3 courses) Previous Managing Partner- Bonaventure Country Club 36 hole golf facility(2 courses) including complete supervision off all personnel and Club policies. Previous Managing Partner- Presidential Country Club 18 golf facility including complete supervision of all personnel and Club policies. 38 Previous Founder, President and Managing Partner of FLAG (Fort Lauderdale Area Golf) • Summer and winter discount golf card. Sold over 100,000 memberships. 1982 - 1986 Designed, built and owned Raintree Golf Course Facilities included Clubhouse, Pro Shop, Locker Room, Driving Range, Restaurant/Lounge. 18 hole championship golf course(400 members). 1973 - 1982 Designed, built, owned and operated Pembroke Lakes Country Club Facilities include Clubhouse, Pro Shop, Locker Rooms, Restaurant/Lounge, Driving Range. 18 hole championship golf course(600 members). 1970 - 1973 Head Golf Professional, Hollybrook Country Club 1969 - 1970 Assistant Golf Professional, Crooked Creek Country Club Achievements 1960 National Pee Wee Championship 1965 Future Masters Championship 1965 - 1969 Captain of LSU Golf Team; won three SEC titles 1970 Class "A" PGA Member 1974 Secretary, South Florida PGA 1976 Vice President, South Florida PGA 1977 South Florida Golf Professional of the year 1978 - 1982 President, South Florida PGA 1982 - 1989 Board of Directors, South Florida PGA 2003 Inducted into South Florida PGA Hall of Fame 39 • Lisa Buleha 11894 Oakleaf Drive Davie, FL 954.805.3843 Twenty Eight years of experience working in the South Florida golf course industry with extensive experience in pro shop operations, merchandising, administrative services, accounting, and human resources. PROFESSIONAL EXPERIENCE Professional Course Management 2008-present Administrative Services and Human Resources Director • Manage all human resource functions for the company • Formulate and implement all HR policies and procedures • Ensure compliance with all federal, state, and local employment laws and regulations • Negotiate and administrate employee benefits, including health insurance, workers' compensation, etc. • Serve as liaison between corporate office and clubs' management • Supervise hiring processes for new employees • Coordinate safety program, safety inspections, and safety training for staff companywide • Coordinate management training seminars companywide • Manage workers'compensation claims and OSHA reports companywide • Manage all back office support functions for the Premier Card program Professional Course Management 1998-2008 Administrative Services Director • Direct risk management functionfor the company • Oversee and direct all accounting functions for the corporate office •- Serve as liaison between corporate office and clubs' management • Provide administrative support for individual club managers • Coordinate management training seminars companywide • Coordinate safety program, safety inspections, and safety training for staff companywide • Manage all back office support functions for the Premier Card program Professional Course Management 1997—1998 Administrative Services Manager • Manage all back office support functions for the Premier Card program • Worked jointly with Administrative Services Director on daily tasks • Serve as liaison between corporate office and clubs' management • Provided excellent customer service and good will to all members and customers • Assist controller with accounts payable and receivable administration, and auditing Professional Course Management—Bonaventure Country Club 1994—1997 Pro Shop Manager&Assistant to Director of Golf • Responsible for daily cash deposits and end of day financial reports • Assisted with pro shop merchandise displays and inventory • Assisted Director of Golf, coordinated golf tournaments and prepared contracts • Provided excellent customer service to all members and guests Professional Course Management—Bonaventure Country Club 1990— 1994 Pro Shop Attendant(Part Time Position) • Responsibilities included checking in golfers, booking tee times, answering phones. • Greeted guests and provided excellent customer service 40 • EDUCATION Florida Atlantic University—Bachelor's Degree in Elementary Education 1994 Broward Community College—Associates Degree 1991 • • 41 r yq p®.y147{/g Jett 786-213-2467 Cell I jettgolf@bellsouth.net Professional Summary Experienced golf industry executive with a track record of success wherever associated. Expertise in golf operations,administration,sales and marketing,and merchandising. Skills &A�IlJIllI lies • Self-Motivated • Respected Leader • Great Motivator • Product Knowledge of Soft and Hard Goods • Proficient in QuickBooks,Word,Excel,Power Point,and Fore! Reservations POS software Experience DECEMBER 2002 - CURRENT GENERAL MERCHANDISE MANAGER I PROFESSIONAL COURSE MANAGEMENT Responsible for merchandising at Miami Beach Golf Club and Normandy Shores Golf Club. Ensuring the breath,depth,and quality of merchandise are consistent with a first class facility. Pro shops have been distinguished with the Merchandiser of the Year award by the South Florida PGA. OCTOBER 2001—DECEMBER 2002 GENERAL MANAGER I NORMANDY SHORES GC,PROFESSIONAL COURSE MANAGEMENT Full profit and loss responsibility for this location. Managed all golf,pro shop,and restaurant operations. Directed the implementation of PCM's policies and procedures. Conducted weekly staff meetings to ensure the highest level of customer service. Member of PCM's executive committee,assisted in the formulation and implementation of sales and marketing plans for the facility. Responsible for all pro shop merchandise. OCTOBER 1996—SEPTEMBER 2001 GENERAL MANAGER I BAYSHORE&NORMANDY SHORES GOLF CLUBS, CHUCK HART GOLF _ Full profit and loss responsibility for both facilities. Responsible for the direction and supervision of all golf,pro shop,and food and beverage operations. Responsible for the marketing and sales for both operations. Purchase all pro shop merchandise. FEBRUARY 1992 —JUNE 1996 GENERAL MANAGER I KENDALL GOLF CLUB,HART GOLF COMPANY Ran day to day operations of the golf club. Monitored the market to capitalize on the latest trends. Partnered successfully with the community,introducing a new demographic to the game of golf,which resulted in additional rounds and revenue. Responsible for all merchandise purchased for the pro shop. Developed and implemented the marketing plan for the property. Set project timelines and kept teams on task to complete milestones according to schedule. Trained,coached,and mentored staff to ensure smooth implementation of new programs. 42 OCTOBER 1989—NOVEMBER 1991 SALES REPRESENTATIVE I MACGREGOR GOLF COMPANY Sales representative for West Coast of Florida. Visited clients on-site to give benefit-oriented sales presentation. Immediately addressed problems with customer accounts to ensure quick resolutions. . JANUARY 1981—OCTOBER 1989 SALES REPRESENTATIVE I MACGREGOR GOLF COMPANY Sales representative in Texas,Oklahoma,and Arkansas. As of January 1981,territory sales amounted to $160,000. When I left in 1989,sales volume had reached$890,000. AUGUST 1971—NOVEMBER 1980 REGIONAL SALES MANAGER I BEN HOGAN GOLF COMPANY In charge of sales for the Michigan and Northern Ohio region. In 1971,the territory produced sales of $175,000. After one year,the territory was split between two reps. My region was the metro Detroit area. By 1980,my territory of 100 accounts produced sales of$812,000. JANUARY 1971—JULY 1971 , DIRECTOR OF IN-HOUSE SALES I BEN HOGAN GOLF COMPANY Assistant to Mr.Lyman Price,Vice President of Sales,also Mr.Hogan if needed. Gave plant tours and assisted tour professionals with their golf equipment needs. EDUCATION Hillsdale College,Hillsdale, MI Page 2 43 Alberto Pozzi 7061 NW 6th Court, Plantation, FL 33317 (786)348-3858 PROFILE: Results oriented executive manager with extensive experience in private country club and public golf club operations, including finance, budgeting, administration, food/beverage operations, property maintenance, agronomy, golf operations, all levels of staff supervision, recruiting and policy development. An excellent team builder who trains and mentors with a focus on superior customer service, and has the ability to effectively supervise and motivate staff to function with enthusiasm and loyalty. A resourceful goal achiever with outstanding financial management, communication and business skills. A creative, organized business strategist,who functions well under stress,works cohesively with all stakeholders and has a solid marketing and sales track record. PROFESSIONAL HISTORY: Professional Course Management 2002—Present Managing Director Miami Beach Golf Club, Normandy Shores Golf Club, Miami Shores Country Club • Manage comprehensive daily operations of three golf and country clubs. • Develop, present and implement annual budgets for CEO and City approval. Monitor monthly budgets and financial statements and take corrective action as required. • Direct and oversee creation and implementation of marketing plans. • Maintaim;,effective internal and external communications. • Formulate, develop and implement operational policies, programs and procedures according to PCM general policies and in concert with contractual obligations. • Provide advice and recommendations about construction, alterations, maintenance, equipment and capital requirements. • Establish HR policies, initiate and monitor policies relating to personnel actions,training and professional development programs. • Supervise all department heads including director of golf, controller,food and beverage director, marketing director and general merchandise manager. • Ensure that all facilities are operated in accordance with all applicable local, state and federal laws. Professional Course Management 1992- 2002 General Manager-Miami Shores Country Club • Managed comprehensive daily operations of large, well established country club. • Developed, presented and implemented annual budgets for CEO approval. Monitored monthly budgets and financial statements and took corrective action as required. 44 • Directed and oversaw creation and implementation of marketing plans. • Maintained effective internal and external communications. • Formulated, developed and implemented operational policies, programs and procedures according to PCM general policies and in concert with contractual obligations. • Provided advice and recommendations about construction, alterations, maintenance, equipment and capital requirements. • Supervised all department heads including head golf professional, controller, food and beverage director and grounds superintendent. • Ensured the facility operated in accordance with all applicable local, state and federal laws. Professional Course Management 1990- 1992 Food and Beverage Director-Miami Shores Country Club • Responsible for all food and beverage production and service for the club. • Supervised all department heads including executive chef,catering manager, beverage manager and dining room manager. • Developed and implemented departmental budget. Monitored monthly budget and took corrective action when needed. • Planned and implemented the orientation of new staff and the ongoing training of existing staff. • Planned and executed the marketing plan for the department. • Managed the staffing needs of the department. • Oversaw the development of dining room,banquet and bar menus. • Ensured that all safety,sanitation,energy management and maintenance standards were consistently met. • Assured all standard operating procedures for revenue and cost controls were in place and consistently followed. • Ensured the department operated in accordance with all applicable local, state and federal laws. • Served as Manager on Duty when necessary. Raintree Golf Resort 1989—1990 Food and Beverage Director • Responsible for all food and beverage production and service for the club. • Supervised all department heads including executive chef,catering manager,and dining room manager. • Developed and implemented departmental budget. Monitored monthly budget and took corrective action when needed. • Planned and implemented the orientation of new staff and the ongoing training of existing staff. • Planned and executed the marketing plan for the department. • Managed the staffing needs of the department. • Audited and approved weekly payroll. • Oversaw the development of dining room, banquet and bar menus. • Ensured that all safety,sanitation,energy management and maintenance standards were consistently met. • Assured all standard operating procedures for revenue and cost controls were in place and consistently followed. / 45 • Ensured the department operated in accordance with all applicable local,state and federal laws. • Served as Manager on Duty when necessary. Boca Grove Plantation 1986—1989 Food and Beverage Manager • Responsible for all food and beverage production and service for the club. • Supervised all department heads including executive chef, beverage manager and dining room manager. • Planned and implemented the orientation of new staff and the ongoing training of existing staff. • Booked all entertainment for the club. • Served as Ad Hoc member of the House and Entertainment Committees. • Created, planned and oversaw all member special events. • Managed the staffing needs of the department. • Audited and approved weekly payroll. • Oversaw the development of dining room,banquet and bar menus. • Ensured the department operated in accordance with all applicable local,state and federal laws. EDUCATION: Facultad de Abogacia (Pre-Law) Universidad de la Republica,Montevideo, Uruguay 46 BIOSKETCH 2015 Ronny R. Duncan, PhD. With degrees from Texas Tech University (B.S.) and Texas A&M University (M.S. & PhD.), Dr. Duncan spent from May 1, 1977 to June 30, 2003 at the University of Georgia-Griffin in grass research. His research program was focused on breeding/ genetics/stress physiology of edaphic and abiotic environmental stresses on various grasses and beginning in late 1993 on turfgrasses (tall fescue, seashore paspalum). His expertise ranged from drought and soil acidity environmental stresses initially to eventually salt/salinity-related problems and turfgrass management involving water conservation strategies, water quality problems, and sustainable alternative water use on all turfgrasses. After retirement from the University of Georgia on June 30, 2003, he became Vice President of Turfecosystems, LLC. from August 2003 to May 2010 in order to concentrate on developing additional biotic and abiotic stress tolerant turfgrass cultivars, teaching workshops for GCSAA/GIS and international conferences on advanced turfgrass water quality, seashore paspalum management, salt affected turfgrass sites, and turfgrass water conservation. He currently consults globally (R Duncan EcoConsulting, LLC.), having visited 46 different countries including several countries in the Pacific Rim, on all turfgrass species and water challenges, preparing comprehensive environmentally friendly management packages for site-specific problems, and continues to teach workshops dealing with best management and sustainability challenges on turfgrasses. He has developed and patented 5 seashore paspalum cultivars and developed 5 stress tolerant tall fescue cultivars that are currently on the market. He is a Fellow in the Crop Science Society of America and the American Society of Agronomy. He has written over 200 refereed scientific publications and has published over 500 total articles. Contact information: R Duncan EcoConsulting, LLC. 110 Arroyo, Boerne, TX 78006-5995 (north of San Antonio) Cell phone: 1-830-431-0204; Email: rduncan4612@gmail.com 47 • Jim McLean Golf School The Jim McLean Golf School at Miami Beach Golf Club is part of the#1 golf school system in America. The school, led by Jim McLean, will generate $750,000 in gross revenue and $150,000 in revenue for the Miami Beach Golf Club and the City of Miami Beach in 2018. These results place it as the top revenue generating golf school at any municipal or public golf club in the country. Jim McLean Professional Profile Jim is one of the very few teachers to have taught major winners on both the PGA tour and LPGA tours, such as Cristie Kerr(2), Tom Kite (1), Alexis Thompson(1), Keegan Bradley(1). Jim is a member of 6 Halls of Fame: the Pacific Northwest Hall of Fame for his record as a player,the MET PGA Hall of Fame, the South Florida PGA Hall of Fame, the Miami Sports Hall of Fame, Long Island Hall of Fame, and was recently inducted into "The World Teachers Hall of Fame". Jim McLean has been the Director of Golf at 4 top private clubs in America: Sunningdale, Quaker Ridge, Tamarisk CC in Rancho Mirage, CA and Sleepy Hollow CC in New York. He was also the Director of Golf at the Doral Resort in Miami, Florida, and now headquarters his golf schools at the Biltmore. Jim has 10 golf school locations worldwide. Jim has won the following PGA Awards: 1986 Metropolitan Teacher of the Year, 1987 Metropolitan Horton Smith Award, 1994 National PGA Teacher of the Year, 1996 SF Teacher of the Year. 1998 SF Teacher of the Year, SF Junior Leader Award. Jim has taught and developed many juniors and amateurs that have won on the professional stage. This includes Cristie Kerr who grew up in Miami and worked with Jim since age 14, and was the #1 ranked junior in the USA. She was also the#1 ranked amateur and a member of the Curtis Cup by age 17. Cristie qualified for the LPGA right out of high school and would later attain the#1 ranking in the world as a professional. Cristie has won 2 majors,the U.S. Open and the LPGA, and is the all-time leading money winner of any American. Erik Compton also grew up in Miami. He also became the#1 ranked junior in USA. Erik Compton has had 2 heart transplants,the first at age 12,the second at age 28, but is now remarkably on the PGA Tour. He was the runner up in the 2014 U.S. Open. Alexis Thompson came to Jim's golf school at age 8. She won the U.S. Junior, became the#1 ranked junior and the#1 women's amateur in the USA, and made the.Curtis Cup team, all by age 14. Lexi has qualified for every U.S. Open since age 12. She finished 10th in the U.S. Open at age 15, and won an LPGA event at age 16. Lexi won her first major in 2014, The Kraft-Nabisco. Jim began working with Lucy Li at age 7. She qualified for the U.S. Women's Amateur at age 10, and the U.S. Women's Open at age 11; both were all time records. Jim has taught 8 juniors who've achieved the#1 ranking. In addition, Jim started working with Keegan Bradley when he was 22 years old and playing on the Hooters Tour. In 2010, Keegan got 48 • to the Nationwide Tour and 2011 to the PGA Tour where he won the Bryon Nelson, the PGA Championship, the Grand Slam, the Shark Shootout, and was named Rookie of the Year. Jim traveled with Keegan to many events, including the 2012 Ryder Cup and the 2013 Presidents Cup. Jim has also developed a huge number of great young teachers, who themselves have developed many tremendous young players. Jim has trained in his system many professionals who are now Directors of Golf or Directors of Instruction at top private clubs. Jim has taught over 100 tour pros including Peter Jacobsen, Bernhard Lager, Hall Sutton, Brad Faxon, Tom Kite, Dana Quigley, Vaughn Taylor, Al Geiberger, Gary Player, Lenny Clements, Lenny Mattiace, Erik Compton, and Keegan Bradley. Jim also taught 4 Women US Open Champions: Liselotte Neumann, Cristie Kerr, Laurie Merten, and Jane Geddes. Jim has a weekly show on Sirius XM PGA Tour Radio, was one of the original teachers and advisors on The Golf Channel staff and did weekly TV shows for more than 10 years. Jim is a part owner of Revolution Golf, revolutiongolf.com, and he and his team of instructors do hundreds of golf tips each year on this site. RG goes to over 2 million golfers each day. 49 JAMES A. NOURSE 517 Madeira Avenue Coral Gables FL 33134 786-554-2758 NoursebaronOhotmail.com Summary of qualifications: Food and Beverage executive with broad experience in casual dining, fine dining and catering. Expertise in all aspects of food service operations and financial management. EXPERIENCE 2004-Present Miami Beach Golf Club,and Normandy.Shores Golf Club,Miami Beach, Fl. Food and Beverage Director.Opened two new clubhouses. Created menus,hiring and training staff, ordering all new equipment for front and back of house,ordering all point of purchase material,guest relations, P&L responsibilities, labor control. Increased sales by 50%, by taking ownership in my restaurants and taking care of my customers. 2002-2004 Ruth's Chris Steak House.Coral Gables, Fl. Manager. Scheduling for front of the house employees, ordering all point of purchase material,guest relations, P&L responsibilities, labor control. 2000-2002 Carrabba's Italian Grill. Reston,Va. Managing Partner.Opened this location,ordering all opening F.F.&E.Overseeing development of site, installation of all kitchen appliances,computers,etc.,hiring and training of all staff,maintaining all budgeted costs, inventory,P and L, marketing,and customer satisfaction. 1999-2000 Houlihan's Restaurant. Bonita Springs, Fl. Manager\Kitchen Manager.Opened this location,ordering all opening small wares and equipment, hiring and training,maintaining food cost at or below budget. Training new management staff in kitchen procedures. 1998-1999 Hobee's Palo Alto, Ca.Town and Country location at Stanford General Manager.In charge of general operations,ordering,hiring,training, profit and loss. 1996-1998 Applebee's Neighborhood Grill&Bar.Tampa,Fl. Kitchen Manager.Responsible for hiring and training of kitchen staff,food ordering,maintaining food cost below company standard of 30%. 1995-1996 Tia's Tex Mex. Brandon,Fl. Assistant General Manager.Responsible for ordering food and liquor,kitchen,supervision,hiring, training, inventories,P&L,food cost control. Lowered food cost from 30%to 28%. 1983-1995 Specialty Restaurants Corp.The Rusty Pelican.Tampa,F1. General Manager.Preparing budgets,P&L,forecasting labor control responsibilities, Inventory control,training, ordering, catering sales and marketing. Responsible for the Rusty Pelican's first three years of positive NOI. EDUCATION 1981 Balboa High School, Balboa, Republic of Panama Panama Canal College,Hillsborough Community College. Fluent Spanish,proficient in multiple software applications: Word,Excel,Quick books,Micros,Digital Dining 50 akt $. to �Iv Steve Farrell 2351 sc 19'St. Homestead,Fl.33035•Phone:305-323-2853•Email:Kcysgollinro@aol.com• Professional Summary PGA member with over 25 years of experience in golf course operations with an emphasis on customer service and facility management. Seeking a challenging opportunity to utilize my knowledge to create a first class golf operation. Skills • Customer Service • Team Player • Competitive and strategic planning • Critical thinking • Public,relations • Attention to detail • Staff recruiting and retention • Negotiation skills • Budget creation/management • Superior verbal and written • Golf Instructor communication • Tournament Coordinator • Outstanding interpersonal skills Professional Experience Director of Golf, Miami Beach & Normandy Shores Golf Clubs Mar. 2009—present Managed by PCM for the City of Miami Beach • Two 18 Hole Championship courses with annual rounds played of 79,000 • Combined Golf Course revenues of over 6 million • Responsible for supervision of two PGA head golf professionals and two golf course superintendents and their staffs of over 40 employees • Work closely with the City of Miami Beach Parks &Recreation Department in formulating annual budgets • Work closely with the City of Miami Beach Procurement Department on all types of purchases and leases • Developed a Junior Golf Program that host's over 500 juniors annually at no cost to the kids, funds are 51 raised with an annual golf tournament to pay for this program • Coordinate over 100 member/charity/corporate golf tournaments annually • Tournament Coordinator/Official for the South Beach International Amateur,the 5th ranked amateur tournament in the world. • Work jointly with the clubs controller in coding and processing invoices for payment • Work together with the F&B Manger to facilitate all event needs. • Provide excellent customer service to all members and guests. • Work with the merchandise coordinator to stock the shop with quality products. • Ensured proper daily financial reports are administered and deposits are made Director of Golf,Normandy Shores Golf Club May 2008—Mar. 2009 Managed by PCM for the City of Miami Beach • Developed FF&E budgets for all areas of this 18 hole championship golf course under renovation • Designed and set up a temp clubhouse that had a pro shop, grill and administration offices • Oversaw the golf course superintendent through grow in process of the new course. • Higher and trained entire golf operations staff including a Head Golf Professional. • Worked closely with marketing director to set up new marketing campaign. • Designed new pro shop for renovated clubhouse. • Established and implemented operations budgets • Developed a junior golf program • Coordinated member/charitable/corporate events • Provided excellent customer service to all members and guests. • Work with the merchandise-coordinator to stock the shop with quality products • Ensured proper daily financial reports were administered and deposits are made. • Worked closely with the F&B manager to facilitate all events. Head Golf Professional, Miami Beach Golf Club Oct. 2004—May 2008 • Responsible for supervising and scheduling of the golf operations staff • Greeted all guests and provided with excellent customer service • Assisted the Director of Golf with coordinating of over 100 member/charitable/corporate golf events. • Taught private&group golf lessons • Ensure proper daily financial reports were administered and deposits made. • Assisted the merchandise coordinator with ordering and displaying merchandise in pro shop. General Manager/Head Golf Professional, Keys Gate Golf Club 1999 -2003 • Transferred to keys Gate by WCI communities from previous employment • Immediate responsibility was to stabilize the operation and ensure proper financial reports and deposits were being administered • Oversaw the daily operations and supervised entire staff the included golf course superintendent,bar manager and banquet manager. • Facilitated the sale of the club from WCI communities to RN Thomson Golf • Retained by RN Thompson Golf as General Manager • Developed marketing campaign. 9 52 • • Taught golf lessons • Developed member event programs • Coordinated charitable events • Oversaw renovation project that included 9 new greens complexes • Purchased merchandise for the pro shop Assistant Golf Professional, Wildcat Run Country Club 1991 - 1999 • Assisted the Head Golf Professional with the daily operations at this 18 Hole Arnold Palmer championship private golf club. • Emphasis on high end customer service. • Conducted member events. • Supervised the outside operations staff. • Taught private and group lessons. 3 53 ALonso 786.301.1475 EXPERIENCE nilmar59@att.net n Professional Course Management for the City of Miami Beach 2004-Present Miami Beach Golf Club / Normandy Shores Golf Club 6092 SW 195 Ave. IQ COntrelle, Pembroke Pines, FL 33332 V • Closing month—Financial statements,bank reconciliation and journal entries. Reports for City of Miami Beach.Variation against budget and forecast business EDUCATION activities.Work with the City for yearly budget. • Cash—Audit and balance daily cash,cash change and petty cash.Journal entries and cash flow reports. Polytechnic Institute of Accounting ° Accounts Payable&Accounts Receivables—Enter invoices,run checks,report and La Habana Vieja control the sales of memberships,gift certificates,tournament deposits and sales Havana,Cuba taxes. Bachelor in Accounting ° Draw the amount of money monthly for expenses according parameters established. 1979- 1982 Review property&liability insurance. • Submit requisitions to open purchase orders according to present budget. Martires de Giron Polytechnic Institute ° Receive and process invoices for payment on the City of Miami Beach. of Chemistry ° Accounting Program--Control and change BPO as necessary. Havana,Cuba ° Payroll—Supervise and report_payroll to an outside company,keep and maintain Bachelor in Chemistry employee's file records,balance and journal entries. 976- 1979 ° Human Resources—Supervise new hire employees'process and enforce company policies. Broward Community College Pembroke Pines, Florida Credits toward Bu.usine,,[s and Administration Degree CBI Resources,LLC / Sewn Products International 1993-2004 Pete's 807 Cutting Company / Taylor Rodriguez and Associates Controller LANGUAGES ° Directed and supervised financial activities of the organization.Summarized and English+Spanish forecasted the company's business actions. ° Human Resources&Personal Department—Supervised hiring process for new employees and maintained company policy and employee records. • Advised and managed company insurance policies(Property&Liability,Worker's COMPUTERSKILLS Compensation,Cargo,Health,Accident and Disability Insurance).Implemented and maintained Program of Safety Place and Drug Free Place. MUNIS • ° Supervised in-house payroll (over 350 employees),filed payroll taxes,kept in balance EDEN ENIROFB the quarter-to-date and year-to-date,managed overtime,balanced and printed the QuickbooksFAMES W-2's yearly. Macola 7.531a ° Reported payroll taxes. o Supervised Accounts Payable and Accounts Receivables,communicated with vendors Peachtree 12 IDEMESE1 and made payment agreements and discounts,balanced accounts and made phone SBT Parg calls for collection,identified and authorized weekly check run. Certiflex ERtliSMIEJ ° Traveled abroad to mange A/R for Group M Industries established in Dominican EDI EliMOUBE3 Republic.Recovered charge backs and debits. Microsoft Excel ES Mil Mfg o Closing month—Bank reconciliations,journal entries and preliminary financial Microsoft Word M2500 f statement.Met with the CPA to discuss the final financial statements and Microsoft Powerpoint 131 Ell journal entries. Access 123ME MEI ° Opened letters of credit and management and payed line of credit. 54 JEFFREY W. HUNT GOLF OPERATIONS, SPORTS MARKETING AND SALES DIRECTOR A 27 year record of achievement in golf course operations,tournament operations,event management and sports marketing and sales development. Entrepreneurial,with strengths in strategic marketing, planning,sales strategies, event planning,motivating others,and grasp of future trends. Professional Experience MIAMI BEACH&NORMANDY SHORES GOLF CLUBS(PCM) Miami Beach,FL Director of Sales and Marketing 2011-present • Responsible for all marketing and sales operations at the City of Miami Beach owned,Arthur Hill's designed championship 18 hole facilities. • Responsible for community outreach including DMC's,Miami Beach CVB,Greater Miami CVB,Greater Miami Beach Hotel Association,Hotels Sales Staffs,Hotel Concierges,Charitable organizations and private commercial industry associations. • Returned outings sales numbers and membership to pre 2008 crash record setting levels. • Received the Certificate of Appreciation from the City Council and Mayor of Miami Beach for the successful launch of the South Beach International Amateur. • Continually received A+ratings on all Blind Shopper surveys. THE SOUTH BEACH INTERNATIONAL AMATEUR Miami Beach,FL Executive Director 2011-present • Created and launched the most successful International Amateur Golf Tournament in field strength since fields were measured(#47 2011) , • Run all aspects of this worldwide"Major Championship." . • The South Beach International Amateur was ranked#5 in the world in 2017(its 7th year);behind the US Amateur,British Amateur,Western Amateur and NCAA DIV 1 Championship which average 118 years in existence. HERON BAY GOLF CLUB Coral Springs,FL Director Sales and Marketing 2007-2010 • Retained by first time golf course owners to help create a sales program and re-energize this former PGA TOUR site. • Responsible for all marketing and sales operations. Increased tournament and event revenue by 65%in first year. • Formulated pricing strategies,managed tee sheet maximization,community relations and partnership programs. • Recruited the first nationally televised Big Ten Match Play Championship on the Big Ten Network in 2008 and 2009(the first TV event at the course since the 2002 Honda Classic). Facilitated and managed all facets of the tournament. • Secured the Remax Long Drive regional competition. Sold and organized many of South Florida's largest charity golf outings including Publix Healing Hearts. • Generated club exposure by attracting television shoots for the Florida Marlins and broadcast media stations. THE DIXIE AMATEUR Coral Springs,FL Tournament Director 2008 to 2010 • Fully responsible for managing all facets of this prestigious amateur golf championship tournament. • Improved tournament worldwide ranking for 78th to 36th in year one,and from 2151 to 12th(SPWAR&WAGR)in third year. • Increased profitability by 80%in year one and 100%after second year.Created the inaugural Women's Senior Dixie Amateur in 2009. 1 55 HUNT GOLF,INC. Libertyville,IUCoral Springs,FL Golf Course Developer/Consultant 1999—2008 • Developer of a Davis Love III 18 hole championship golf course on the IllinoislWisconsin border. Searched and identified site,conducted market research,negotiated preliminary real estate commitments,wrote business plan and financials with participating lawyers and accountants. Ambitious plan fell short on investor commitments. ' • Provided consulting services,including staff training,facility management,marketing and tournament execution to client list including Kiawah Island Resort,Chalet Hills Golf Club,The Saturday Series(PGA)and several radio stations in Chicago. • Created and ran celebrity golf outings for Ernie Banks(Chicago Cubs),Doug Collins(Detroit Pistons),John Paxton (Chicago Bulls). CHARLESTON GOLF PARTNERS Libertyville,IL Co-founder and Director Sales&Marketing 1994-1999 • Founding partner of business which sold golf packages,including air,hotel,car rental and amenities for the Charleston, South Carolina area golf clubs and resorts. • Negotiated rates with golf courses,participating hotels,airlines and other partners. • Company became#1 golf packager for Charleston area by second year and Kiawah Island Resorts'top outside revenue resource. Arranged more than 90 corporate events annually,producing$1.7 million in revenue by year 3. • Founded the Ultimate Club Championship which is now called the Club Car National Club Championship at Kiawah Island Resort. KEMPER SPORTS MANAGEMENT Northbrook,IL Marketing Manager 1993 • Reported directly to president and CEO: Trouble shot sales and marketing'problems at all 26 Kemper owned and managed facilities,including private clubs daily fee and park district courses.Recruited and trained sales staff hires as needed. • Participated in successful pitch for Chicago Park District management contract. GOLF CLUB OF ILLINOIS Algonquin,IL General Manager/Sales Director 1991 -1992 • Re-positioned club's image from"difficult,unfriendly and inconveniently located"to"the place to play"in one year. Increased rounds from 19,000 to 27,000.Doubled corporate outings and increased membership by 30%. • Through a creative advertising campaign made club most talked about course in Chicago. BRANHAM NEWSPAPERS,GRAINS CHICAGO BUSINESS,FAMILY CIRCLE MAGAZINE, Chicago,IL Account Executive 1986-1991 EDUCATION Illinois State University,Normal,IL,B.A.Political'Science,minors in History and Speech Communications. Member Illinois State hockey team*(82-84)&Bloomington Normal Stingers semi-pro hockey team(84-85). Graduated 1985 2 56 * * poL1J9J aJ- P 9rAnlP1p'p�r PPpPs Gerard Onacki,PGA Professional Summary I have been a PGA member since June of 2016. Since being elected to membership I have continued my education and completed the PGM CPP 2.0 Teaching and Coaching Certification. I have a huge passion for junior golf and have achieved Certified US Kids Coach Certification. I'm a respected and passionate golf professional, recognized as a motivator and relationship builder, with strong organizational skills,great work ethic,college educated and commitment to excellence, with over 10 years of both working and playing. I have excellent teaching skills developed on a collegiate and professional level. Qualifications • Supervised and directed golf activities • Exceptional ability to manage • Tournament director inventory effectively • Golf instruction • Leadership and Team Building • Thorough knowledge of scheduling • Ability to deal courteously with Practices and procedures. Strong working public knowledge of latest golf supplies and • Maintain excellent member, guest merchandise and employee relations • Great ability to communicate with course superintendent _ '4 Page 1 57 Professional Work Experience in Golf M;,..... Peach G01[ club Miami Beach Golf Club 11-1-17- Present Head Golf Professional • Oversee the reservation system,starting monitoring&pace of play , • Track and verify all players, green fees,golf carts,club care,lockers,handicap fees,and any other charges necessary and facilitate accurate record keeping • Assist,with the help of the Director of Golf,oversee golf operation and a well-managed practice facility • Ensure proper storage of club member's golf bags. • Play golf with members when time permits • Recruit,hire,train and supervise all golf department staff in addition to maintaining accurate payroll records for golf department staff • Maintain safety standards and safety equipment within OSHA requirements • Organize and conduct over 100 golf events both corporate,member and charity golf outings • Attend applicable management meetings when requested • Adhere,enforce and implement all club policies and procedures • Provide monthly customer service training ensuring all employees are providing the PGA experience to all golfing patrons ill _..i • NORMANDY SNORES . GOLF CLUB Normandy Shores Golf Club (12-16-11-17) 1St Assistant Gol(Professional • Managed Tee sheet daily • Created a scorecard designed for junior golf • Help manage entire golf operation with Head Golf Professional • Organized tournament operations,mostly corporate events • Created training programs for new employees • Managed both inside and outside staff including scheduling • Created agenda for daily staff meetings • Worked with a group of professionals to promote and sell an area promotion card which tallied 10,000 rounds • Managed Cart fleet consisting of 72 golf carts. • Responsible for all junior golf programs. • Worked closely with golf course superintendent regarding maintenance of the golf course • Promoted the game of golf by teaching junior,introducing youth to the game • Helped assist with all aspects of the junior golf program,which includes 2 weekly clinics consisting of over 20 students. • Created business plan and initiated golf club's first ever PGA Junior League which consists of 11 participants to compete against other neighboring golf courses • Responsible for ordering junior golf supplies which included US Kids,and Snag equipment(Start New At Golf)and US Kids appropriate tees. Page 2 58 RoucR r TRENT JONES GOLF -,TRAIL at it, wm syr•w Robert Trent Jones Golf Trail (Grand National) (Assistant Golf Professional) 08/2016-12/2016 • Co-managed a golf staff of 20 employees: bag staff and course rangers • Helped oversee 3 championship golf courses with Head Golf Professional/Director of Golf • Assisted with all aspects of corporate events including set up • Assumed managerial duties when the Head Golf Professional was absent • Responsible for opening and closing the golf shop • Managed Tee sheet daily • Assisted Head Golf Professional in all aspects of merchandising • Grip and club repair. I Mlami Peach Go11 Ch1lc Miami Beach Golf Club 05/2013- 08/2016 Assistant Golf Professional • Answer phones,take tee time reservations and check guest in prior to their tee time. • Managed tee sheet daily • Open and close the golf pro shop daily • Worked with a group of professionals to promote and sell an area promotion card which tallied 10,000 rounds. • Assist with all corporate tournament operations • Assume managerial duties when Head Golf Professional was not present • Help supervise outside operation staff • Assist with all corporate events • Work with all aspects of member's course handicaps • Club repair • Help create training programs of new employees. Professional Skills Computer Skills-Proficient in multiple software applications: POS Fore Reservations, Golf Net(tournament Software) Microsoft Word, Excel,Access. Education-Associate Degree(Liberal Arts)2010 Union County College, PGA of America (PGM 2.0 June 2016) Page 3 59 n h 1l 10400NW.6`"Street Tratce \ .. (954)275-9259 Member of the Professional Golfers'Association of America Tal lison I4 4Paol.com PROFESSIONAL STANDING PGA Class A Member Since 1998 EDUCATION Bachelor of Business Administration,Mississippi State University Major: Professional Golf Management and Marketing Graduated: May 1997 PROFESSIONAL EXPERIENCE NORMANDY SHORES GOLF CLUB,Miami Beach,FL(Managed by PCM) Head Golf Professional September 2016-Present • Responsible for supervising and scheduling of the golf operations staff. • Greet all guests and provide them with excellent customer service. • Assist the Director of Golf with coordinating of member/charitable/corporate golf events. • Expertly teach private&group golf lessons. • Ensure proper daily financial reports were administered and deposits made. • Help grow a Junior Golf Program that provides at risk kids with free golf instruction by funds that are raised with an annual golf tournament. • Tournament Coordinator/Official for the South Beach International Amateur,the 5th ranked amateur tournament in the world. LAGO MAR COUNTRY CLUB,Plantation,FL Head Golf Professional August 2015-September 2016 • Developed and tracked operating budget and forecasts. • Generated tournament budgets and managed the ordering of prizes and awards. • Held accountable for administrative planning and supervision of over twenty employees. • Implemented manuals and club policies. • Taught and played golf with members and guests. • Directly responsible for successfully designing and developing social events/programs for the entire calendar year. 60 MIAMI SHORES COUNTRY CLUB,Miami Shores,FL(Managed by PCM) Director of Golf May 2010-August 2015 • Manage and oversee all member tournaments. • Responsible for training,supervising and scheduling of golf shop and golf service staff including 30+employees. • Oversee the development and implementation of club policies,operating procedures and employee manuals. • Develop and track operating budgets and forecasts. • Handle all golf shop merchandise and inventory.Increased Golf Shop sales 55%the first year. • Supervise and promote the teaching programs,junior camps and golf schools at the facility. • Teach 300+lessons per season. • Responsible for management and maintenance supervision of the 72 golf car fleet. • Increased rounds from 38,000 to 44,000 rounds a year. INDIAN CREEK COUNTRY CLUB,Indian Creek Village,FL First Assistant Golf Professional September 2007-April 2010 • Managed and operated all three weekly member tournaments. • Was responsible for training,supervising and scheduling of golf shop and golf service staff including 14+employees. • Oversaw the development and implementation of club policies,operating procedures and employee manuals. • Coordinated with the golf shop merchandise manager to develop more efficient inventory control methods and merchandise displays. • Ran the teaching programs and golf schools,including 300+lessons per season. • Managed the 110 golf car fleet,including 40 rental cars and 70 private cars. • Accountable for all areas of retail operations and inventory control. FISH RESTAURANT,Fort Lauderdale,FL Managing Partner November 2005-September 2007 • Facilitated the opening of FISH Restaurant from build out to hiring and training staff. • Managed the restaurants day-to-day operations. • Nightly management duties included Maitre d,Wine Steward,and guest services. • Operational oversight of financials,purchasing,security,and inventory. GRANDE OAKS GOLF CLUB,Fort Lauderdale,FL Head Golf Professional April 2002-November 2005 • Directed all aspects of golf operations including golf shop merchandise,payroll,driving range, expenses,golf green fees,cart fees,maintenance expenses,and member relations. • Held accountable for administrative planning and' upervision of over twenty employees. • Played instrumental role in earning Grande Oaks Golf Club its reputation as one of the finest facilities in the country from a service standpoint and to be held as a model for other facilities of its kind. • Developed and tracked operating budget and forecasts for the entire Grande Oaks golf program. • Established accounts with major manufactures to offer members a full line of golf equipment and accessories as well as professional club repair. • Founded the"Caddyshack Invitational"in 2000,an annual Pro-Member event including some of the top Golf Professionals across the country,and several well known PGA touring professionals. • Directly responsible for successfully designing and developing social events/programs for the entire calendar year. • Oversaw three instructors providing group and private lessons for all levels of play from beginners to touring professionals using the latest in digitalized video. • Familiar with all facets of the facility;converting guests into new members. 61 GRANDE OAKS GOLF CLUB,Fort Lauderdale,FL NAPLES GRANDE GOLF CLUB,Naples,FL First Assistant Golf Professional February 1999-April 2002 • Hired for the opening of Boca Resorts,Inc.newest property Grande Oaks Golf Club in 1999. ■ Implemented manuals and club policies. • Arranged all member events and coordinated outside tournaments for hotel play. ■ Generated tournament budgets and managed the ordering of prizes and awards. • Managed a staff of fourteen;scheduling and tracking budget hours. • Ran weekly Women's Clinic. • Taught and played golf with members and guests. • Ordered golf shop merchandise and had full knowledge and responsibility for retail computer sales system. • Familiar with all facets of the facility;converting guests into new members. • Developed The Grande Oaks Junior Golf Camp,ages 5-16. GOLFTEC,Naperville,Illinois Teaching Professional and Store Manager May 1997-December 1998 • Top sales executive of Golf Packages while at GoIfTEC. • Managed the opening of the newest GoIfTEC facility. • Management activities included:Marketing,advertising,promotion,accounting and daily records. • Taught over 3,200 golf lessons using Astar digital video and motion analysis equipment. • Custom club fitting systems:Mizuno,TaylorMade. ISLEWORTH COUNTRY CLUB,Windermere,Florida Professional Golf Management Internship August-December 1995 • Coordinated daily golf shop operations. • Responsible for merchandising and maintaining inventory for golf shop. • Organized and implemented tournament activities. • Supervised eight outside staff employees;including hiring,scheduling,and staffing. U.S.G.A., 1995 US OPEN,SHINNECOCK HILLS GOLF CLUB Merchandising Supervisor May-July 1995 • Supervised 600 volunteer workers. • Organized 20,000 sq./ft.of merchandise space and developed displays. • Oversaw stocking and security throughout facility. • Assisted all vendors with restocking and inventory. • Sold 11 million dollars worth of merchandise in 9 days. PGA NATIONAL GOLF CLUB,Palm Beach Gardens,Florida Professional Golf Management Internship January-August 1994 ■ Supervised bag storage facility(1000 bags). • Maintained golf car fleet(350 carts). • Operated two driving ranges. • Member and guest relations. • Supervised outside operations during 1994 Senior PGA Championship. • PGA National Academy of Golf-Mike Adams,Head Teaching Professional; o Organized all facets of daily golf school 62 RICKY C. REEVES 11861 NW 31 Street Sunrise, FL 33323 (786) 402-7157 CLASS A GOLF COURSE SUPERINTENDENT Thirty years of experience in the golf course maintenance industry. Twenty one years as a golf course superintendent, the last 18 years as a Class A superintendent. PROFESSIONAL EXPERIENCE Miami Beach Golf Club (PCM) Miami Beach, FL Golf Course Superintendent May 2006—present • Responsible for all aspects of golf course maintenance • Plan and implement fertilizer, pesticide'and herbicide programs • Maintain records of all fertilizer, pesticide and herbicide applications • Plan daily, weekly, and monthly schedules for employees • Maintain and troubleshoot irrigation system • Work closely with agronomist to ensure golf course is always maintained in optimum condition • Make recommendations for golf course equipment purchases • Lead a team of 19 people by example, training and educating all members of the golf course maintenance staff • Supervise equipment technicians to ensure all golf course equipment is properly maintained Normandy Shores Golf Club . Miami Beach, FL Golf Course Superintendent October 1996—2006 • Responsible for all aspects of golf course maintenance • Plan and implement fertilizer, pesticide and herbicide programs • Maintain records of all fertilizer, pesticide and herbicide\applications • Plan daily, weekly, and monthly schedules for employees • Maintain and troubleshoot irrigation system • Work closely with agronomist to ensure golf course is always maintained in optimum condition • Make recommendations for golf course equipment purchases • Supervise equipmenttechnicians to ensure all golf course equipment is properly maintained Lago Mar Country Club Plantation, FL Assistant Golf Course Superintendent June 1993—1996 • Involved in all aspects of golf course maintenance operations, including fertilizing and spraying • Managed a crew of 8 people • Troubleshoot and make repairs to golf course irrigation system • Work closely with the golf course superintendent to meet membership expectations Lago Mar Country Club Plantation, FL Landscape Supervisor April 1989—1993 • Oversaw re-landscaping of clubhouse grounds and the golf course. • General maintenance duties including mowing greens and fertilizer applications • Oversaw day labor's during grow in 63 PROFESSIONAL MEMBERSHIPS Past President, Florida Golf Course Superintendents Association Past President, South Florida Golf Course Superintendents Association Board Member, Florida Golf Course Superintendents Association • 18 Year Member, Golf Course Superintendent's Association of America Member, Florida Golf Course Superintendents Association Member, South Florida Golf Course Superintendents Association EDUCATION Associates in Arts Degree Business& Horticulture—Broward Community College 64 DAVID G . DUFFY 13331 Parkside Terrace,Cooper City,FL 33330 (954)594-9458 PROFILE Experienced turf manager with 20 years of progressive responsibility as a golf course superintendent. SUPERINTENDENT, NORMANDY SHORES GOLF CLUB 2008-PRESENT • Oversaw reconstruction and grow-in of the golf course planted with supreme seashore paspalum • Setting up of maintenance facility and equipment ordering • Responsible for all aspects of golf course maintenance • Responsible for budgeting,ordering and fertility plan • Recruited,hired,and trained opening staff for the facility • Responsible for the maintenance of all records for fertilizer,herbicide,and pesticide applications • Supervise equipment technicians to ensure all golf course equipment is properly maintained • Tournament preparation for The South Beach International Invitational,a top 25 international amateur tournament SUPERINTENDENT, PALM AIRE COUNTRY CLUB (5 GOLF COURSES) 2006-2008 • Oaks golf course superintendent • Responsible for course condition • Supervision of staff of 13 employees • Fertility application FIRST ASSISTANT SUPERINTENDENT, THE CLUB AT EMERALD HILLS — 2004-2006 • Assigning Jobs • Managing daily operations • Irrigation SECOND ASSISTANT SUPERINTENDENT, MIAMI BEACH GOLF COURSE — 2002-2004 • Applying fertilizers,fungicides,and pesticides • Overseeing daily activities and projects • Daily course set up and maintenance 65 EDUCATION 2001 UNIVERSITY OF MASSACHUSETTES, AMHERST — CERTIFICATE IN TURF GRASS MANAGEMENT 1993-1996 COMMUNITY COLLEGE OF RHODE ISLAND- ASSOCIATES DEGREE IN LIBERAL ARTS PROFESSIONAL MEMBERSHIPS • Florida Golf Course Superintendents Association,Class A Superintendent • Golf Course Superintendents Association of America,Class A Superintendent 66 Public Benefit PUBLIC BENEFIT PCM has approached the management of the Miami Beach golf courses with the objective of meeting or exceeding the City's public policy goals for the facilities. The firm understands that Public Benefit is one of these goals. The game of golf instills values such as Honesty, Sportsmanship, Respect, Perseverance, Responsibility and Courtesy. Recognizing that these values can translate into invaluable life skills for children, and that golf is not easily accessible for certain socio-economic populations,m PCM created a variety of programs with the goal of introducing the game to children that otherwise might not have the opportunity. These FREE junior golf programs introduce the game of golf to the youth of Miami Beach. From the introductory sessions at each of the youth centers (Scott Rakow, Flamingo Park and North Shore Park)to the twice weekly complimentary Normandy Shores Golf Club Clinics which run throughout the entire school year and the weeklong Summer Golf Camp held with the Parks and Recreation Department, our staff of teaching professionals introduce and instruct the golfers of tomorrow free of charge using the SNAG Coaching Kits and even providing free US Kids golf clubs to the youth of Miatni Beach. We have also installed kid friendly tees at Normandy Shores Golf Club,which coupled with a special junior rate of just$5 the City has established, insure that children can continue applying the lessons learnt and practicing the game on the golf course. Additionally, PCM will support the City's educational initiatives with a $2,500 a year donation during the term of the contract.At the City's election this contribution may be made in-kind or cash. 67 Approach and Methodology APPROACH AND METHODOLOGY Since its founding, Professional Course Management adopted the concept of Continuous Quality Improvement as the principle which would guide its operating philosophy. Clearly identifying the mission of each of its projects,communicating this mission to each member of the staff(including corporate and onsite management, rank and file staff, consultants and subcontractors) and adopting quality driven procedures to continually improve processes and systems with the objective of increasing customer satisfaction, have enabled the firm to succeed in each of its projects. PCM managed facilities have achieved positive results even when facing adverse business conditions and the challenges of declining participation in the sport driven by socio-demographic, • financial, and cultural trends; in many cases where others had failed. This philosophy, coupled with on-site management, where the firms principals are continuously involved in the day to day operations of the facilities explain the success of every project the firm manages. From the moment.PCM was awarded the contract for the grow-in and later the operation of the new Miami Beach and Normandy Shores Golf Clubs,the firm set out towork in close partnership with the City to meet or exceed the public policy goals and objectives established for the facilities. Under the management of PCM, the City of Miami Beach golf courses have established and maintained their position as two of the premier public access golf facilities in the country. In a recent National Golf Foundation business evaluation of the Miami Beach Golf Club,the club has been ranked in the top 2% of public municipal golf courses in the United States, based on total revenue, profitability, and level of service. Please refer to Exhibit 1 which contains a summary of the report, the complete report is also available for your review. Customer satisfaction of residents, tourists and day guests, financial results, resort style golf course conditions, quality and consistency of service in pro shop, outside operations, and restaurant are key indicators of a golf facility performance. The staff at the Miami Beach Golf Club and Normandy Shores Golf Club have met or exceeded expectations on each and every one of these key indicators. Since opening,the Miami Beach golf courses have hosted not only our residents, but former U.S. Presidents, former Florida Governors, numerous top executives of Fortune 500 companies, and an impressive number of touring golf professionals, sports and entertainment celebrities. The world's top amateur players have also graced our fairways and the golf courses have become a favorite golf destination not only for visitors staying in Miami Beach, but also those staying in Key Biscayne, Coconut Grove, Brickell and Downtown Miami. Additionally, locals covet the opportunity to tee it up "at the Beach". On average, every year over 75,000 golfers enjoy the challenge that the scenic, manicured and well maintained golf courses present. 68 PCM has managed to reconcile simultaneously the sometimes conflicting interests of the affluent visitors and hotel guests seeking a very upscale resort experience with those of the residents and Club members looking for quality, tee time availability and affordability, while meeting or exceeding net operating income benchmarks. PCM is a South Florida company,with all of its resources and management staff actively involved in the day to day operation of all the facilities. This is a major factor in both ours and the City's success over the last 17 years at the golf courses. Since the first full year of operation,the renovated Miami Beach Golf Club and Normandy Shores Golf Club have generated combined net income in excess of$10.7 million before capital and debt services. As we have previously stated in our cover letter, these results contrast with a recent USA TODAY Network-Florida analysis of municipal golf course records, which found that Florida municipal golf courses lost$100 million in the past 5 years. Miami-Dade County owned municipal golf courses reported similar results with substantial operating losses in the same period. To be more specific,as reported in the recent National Golf Foundation study,the 36 hole, Miami-Dade County owned, Country Club of Miami lost $941,883 in 2016. Additionally, Crandon Golf at Key Biscayne, also owned by Miami-Dade County, lost$229,237 in 2016 and that operating loss grew to $1 million in 2017. To illustrate the overall success the Miami Beach Golf Club and Normandy Shores Golf Club have achieved, we are enclosing for your review documentation to assess PCM's performance from various perspectives,as you analyze them you will see a common thread,a high level of customer satisfaction which has produced outstanding financial results: • A summary of the National Golf Foundation's business evaluation report of the Miami Beach Golf Club. (Please see Exhibit 1) • A summary of operating statements going back to the first full year of operations for each club. (Please see Exhibit 2) • A summary of corporate and charity golf tournament surveys going back to 2011. (Please see Exhibit 3) • A small sampling of the hundreds of letters, emails, and cards from members, individual golfers, civic, charitable and corporate tournament hosts, hotels, and associations we do business with. (Please see Exhibit 4) These results confirm the financial success of PCM's performance managing the clubs and its commitment to excellence; providing a first class golf experience and protecting the City's asset, while serving the interests of residents and the City of Miami Beach public policy. On behalf of all our staff,we appreciate the opportunity we have had to be part of this project and community. It is our sincere desire to continue serving the City of Miami Beach and its residents and look forward to the challenges and opportunities that lie ahead. We thank you for the time you have dedicated to this selection process. 69 EXHIBIT 1 Summary Statement Miami Beach Golf Club is an historic and valued community amenity that underwent a renaissance with its early 2000s renovation. With the reinvention of the old Bayshore Golf Course,the City established clear cut goals with respect to asset stewardship and operating parameters of the club,with a focus on providing a top quality golf experience to all players,while preserving affordable playing fees for Miami Beach and south Florida residents. NGF's summary business analysis of MBGC and its management has revealed a very high quality product that benefits from a management team with many years' of experience navigating the nuances of public golf in south Florida. As noted in the report,MBGC has had remarkably consistent performance since at least the FY 2005 period(time frame for which NGF had operating results).And during those periods when demand and net operating income were lower,the declines were largely attributable to external uncontrollable factors, such as the financial crisis of 2008-09, as well as the convention center construction,Zika virus and Hurricane Irma over the last few years. We note that operating a high-end municipal golf course with established public policy goals can be a difficult balancing act. For example, at MBGC management must juggle the needs of several different user groups, including city residents,tourists, members,and groups, each wanting to play this premier golf course during their preferred playing times.Another challenge with respect to golf operations in • south Florida is trying to equalize activity levels during the year, in the face of extreme seasonality of demand.PCM has effectively done this by cultivating the facility's annual membership and Premier Card • programs. • NGF Consulting's principals have visited and analyzed hundreds of municipal and daily fee golf operations over the last three decades. Our overriding finding from our tour and summary business analysis is that MBGC is one of the top municipal golf operations in the country,with an outstanding; very well maintained golf course and net operating income performance that places the facility in the top 2%of municipal golf facilities in the U.S., even considering the revenue constraint resulting from resident green fees that are well below `market' rates. NGF's independent review and analysis revealed no obvious weaknesses,with best business practices adhered to in all of the aspects of the operation that we observed. One area that requires some fine tuning is the establishment of the annual revenue budget,which was increased by about 10% in FY15. The significant increase in the budget, combined with lower than expected revenues in the face of external factors noted above,has resulted in large negative variances between actual and budgeted revenue over the last fiscal several years. In summary, while our analysis was based on a somewhat limited scope,NGF Consulting concludes that Professional Course Management is doing an excellent job of managing the experience at the premier "country club for a day"facility that Miami Beach Golf Club represents. Entrusted with a top flight golf facility,PCM appears to have been a very good steward of the City's asset,while at the same time actively engaging the community and accomplishing the public policy goals established by the City with the reinvention of the club in 2002. National Golf Foundation Consulting,Inc.—City of Miami Beach—Miami Beach Golf Club—23 71 EXHIBIT 2 MIAMI BEACH GOLF CLUB Amd Aura! /coal Amus ANul Amu) Actual Anal Amol Amus Amus Ac9 1 Amul Aural Totals REVENUES 2004 2005 2006 2007 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 Golf Memlrorships $ 356,375 $ 480730 $ 551,293 $ 645,652 S 719,369 8 739,473 0 602,126 1 559,952 $ 557,082 S 587,229 S 567,627 S 574372 0 567,24 3 630,341 3 5,147,046 Cart Fees $ 794,160 $ 860720 0 644,428 5 860,066 S 817,759 1 967,401 S 1,009,272 1 1.075.302 8 1001.409 1 1.073,105 $ 1.131.233 0 1,006,931 0 1,005,439 0 952,503 8 13,419,669 Green Foss 3 2,063,276 5 2,462,371 5 2,471,500 S 2,504,216 S 2,374,462 $ 1,797,415 3 1,694,481 S 1,927,327 S 1354,441 $ 1,995,222 0 2.051,322 0 2.160,956 9 1,949,793 5 1,775,773 3 16,987,578 Range Fees 3 87,801 S 93,296 5 111,892 S 114,385 S 155,370 0 173,281 0 162,933 S 184.059 5 173.951 $ 189,466 3 180,194 0 163,692 S 166,972 $ 159,425 8 4,119,756 Restaurant 3 20,076 8 27,243 S 36.968 0 41,175 9 39630 5 37,908 1 35,799 8 43,111 0 40,313 8 44,463 5 47,545 3 47,734 5 51,970 0 60,483 S 563,568 Pro Shop 0 44,184 5 36,442 0 40.270 0 41.152 0 40.713 $ 36054 S 34.305 S 39.031 1 38.310 S 41,461 $ 44,418 3 42,678 3 38,295 $ 33,777 3 551,160 Golf LasSons $ 50,575 0 55,344 0 57,280 9 65,222 5 75,039 $ 64,586 1 60,226 $ 64,391 9 70588 0 70,711 6 88,315 5 65,131 3 107,009 S 143,493 8 1,038,970 Total $ - 3,418,268 5 4,004,154 S' 4,113,632- S 4,272,083 5 4,222,422 $ 3,836,118_ $ 3,599,142 S 3,893,173- $ 3,635,164 $ -'4,001,657 $ 4,110,654 $ 4,061,494 5 ---3,908,702 9' 3,747,875 , $ 54,822,537 EXPEDITURES UniformsS 7,667 S 4,196 5 7.672 3 2,137 3 14,823 0 7,586 S 10,563 S 9827 5 8664 0 11,257 3 9,613 3 9,944 3 8,197 0 9,235 S 141,591 Professional Services 5 1,456,602 5 1.409,445 5 1,417,851 8 1.552,355 S 1,542,455 5 1,402,570 5 1,250,373 S 1,240,650 0 1,164,832 5 1,207,247 S 1,340,815 3 1,398,604 3 1,551,342 $ 1,619,636 1 19,569,778 Electricity 1 24694 5 64553 S 78042 5 84,010 S 73,458 S 79,691 S 94,903 3 56,047 3 84,403 $ 77,880 0 81,953 S 80,070 S 76,115 $ 72,89 5 1,046108 WaterS 356,961 5 275,04 S 379,071 $ 250,203 5 347,179 0 390,836 S 358,477 3 5431189 $ 465,642 5 447,077 1 496.686 S 402,149 $ 288.098 S 273,347 S 3,70,101 Admin.Fees 5 136,156 S 114,587 9 125,004 5 125.000 1 125,060 $ 125.000 5 125,000 5 125,000 1 125,060 3 125,000 0 125,000 $ 125,000 S 125,000 S 127,103 3 1,751,139 Rent-Building&Equip. $ 708.224 3 173,586 9 119,380 5 190.179 S 204,697 S 276,890 $ 284,740 S 249,659 5 294.163 0 255077 1 231,641 3 220,893 0 241.678 5 277,377 8 8,215,210 PCM Bonus S 140,267 0 211315 S 224071 1 239,706 $ 230796 5 196.112 9 172,414 5 161,454 $ 140,809 5 125,000 5 130,533 S 171,638 3 125,000 S 107,500 3 2,550,715 Operating Expenses S 489,364 0 583,293 9 538.237 S 636.961 0 672.105 5 403,971 5 381,63 1 358,300 5 307,565 $ 310,265 $ 393,234 $ 5103315 9 463,653 5 402,792 S 6,357,844 Inter I Service 3 1,477 8 203.506 5 263663 $ 204010 S 222000 S 250.507 5 241,369 5 250,673 5 290,473 $ 348,763 0 257.336 3 181,911 5 115,629 S 202,331 8 3,131,178 Totala $ 2,701,618 $ 3,059,585 S 3,151,311 $ 3,284,554 $ .3,418,517 S 3,163,173 $ 2,925,128 S 2,993,999`S 2,881,759 S 2,916,366 $ 3,066.991 $ 3,110,224 6 3,084,712 5 3,091,610 S 42,847,545 Net Operating Income 8 714,632 6 944.569 I$ 962,331 $ 987626 0 605.905 8 672,945 8 674.014_$ 899,174 6 753,405_6 1.085,291 0 1.043.663 6 951.270 8 823,990 8 656,365 1 6 11,974,992 Rounds of Golf I 37,162 I 42,923 _I 42,903 I 44,078 _I 41,879 I 43,358 1 43,426 I 45,437 I 42,283 1 44,883 I 47.175 I 43.039 I 43,683 I 40,924 I 601,145 Convention linter Beginning of Normandy Shores Closes For Financial Crisis Reopens renovation Normandy Shores Golf Club Actual Actual Actual Actual Actual Actual Actual Actual Totals REVENUES 2010 2011 2012 2013 2014 2015 2016 2017 Golf Memberships $ 158,970 $ 145,357 $ 161,852 $ 164,196 $ 139,870 $ 147,986 $ 149,894 $ 145,315 $ 1,213,440 Cart Fees $ 596,184 $ 785,634 $ 624,750 $ 670,355 $ 683,764 $ 673,535 $ 651,064 $ 650,160 $ 5,335,446 Green Fees $ 766,626 $ 835,086 $ 802,888 $ 870,045 $ 868,365 $ 961,822 $ 875,096 $ 877,312 $ 6,857,240 Range Fees $ 34,509 S 44,450 $ 39,999 $ 46,216 S 40,525 $ 41,916 $ 31,295 $ 31,352 S 310,262 Restaurant $ 14,215 5 18,350 $ 14,928 $ 18,971 $ 21,245 $ 24,290 $ 21,636 5 21,967 $ 155,602 Pro Shop $ 7,214 $ 9,145 5 8,715 $ 9,345 $ 10,390 $ 9,472 $ 10,299 $ 9,335 S 73,915 Golf Lessons S 10,069 $ 13,484 5 10,512 $ 13,194 5 10,573 $ 18,875 $ 8,096 $ 8,698 $ 93,501 Total $ 1,587,787 $ 1,851,506 $ 1,663,644 $ 1,792,322 $ 1,774,732 $ 1,877,896 $ 1,747,380 $ 1,744,139 $ 14,039,406 EXPEDITURES Uniforms 5 7,803 $ 7,000 $ 8,417 $ 6,841 $ 6,348 $ 6,775 $ 6,594 $ 6,394 •i $ 56,172 Professional Services $ 814,217 $ 857,057 S 794,030 $ 804,621 $ 922,726 5 984,352 $ 968,681 5 1,040,223 $ 7,185,907 Electricity S 58,046 $ 60,004 $ 59,108 $ 56,374 $ 61,910 $ 61,992 5 52,257 $ 54,600 ;' S 464,291 Water 5 37,320 S 37,999 $ 237,716 $ 273,551 $ 224,401 $ 324,500 $ 255,059 $ 282,694 1 S 1,673,240 Admin.Fees S 125,000 $ 125,000 $ 125,000 $ 125,000 $ 125,000 $ 125,000 S 125,000 $ 125,000 $ 1,000,000 Rent-Building&Equip. S 242,815 S 233,587 $ 218,203 $ 183,805 $ 180,171 $ 180,146 $ 167,254 $ 191,391 S 1,597,372 PCM Bonus $ - $ - $ - 5 - 5 - $ - $ - $ - $ - Operating Expenses $ 265,248 $ 223,542 $ 199,979 $ 270,383 $ 275,674 $ 327,766 $ 285,526 $ 272,772 '; $ 2,120,890 Internal Service S 127,715 $ 146,069 5 172,971 5 209,324 $ 187,781 $ 116,252 $ 112,943 $ 132,589 S 1,205,644 Total $ 1,678,165 $` 1,690,258 $ 1,815,424 $ 1,929,899 _$ 1,984,011 $ 2,126,783 $ 1,973,314 $ 2,105,663 $ 15,303,517 Net Operating Income S (90,378)1$ 161,248 $ (151,780) $ (137,577)1$ (209,279)1.5 (248,887) $ (225,934) 5 (361,524)1 $ (1,264,111) Rounds of Golf 31,021 1 35,345 29,188 31,347 31,657 1 32,503 31,554 30,883 ® 253,498 EXHIBIT 3 Miami Beach Golf Club Golf Outing Evaluation Summary 2017 Excellent Good Fair Poor Golf Course Conditions Tees 15 Fairways 14 1 Traps 14 1 Greens 13 2 Club House Entrance 14 1 Pro Shop 14 Outing Administration Pre-Outing Communications 14 Organization 14 Bag Handling 15 Special Events 12 Post Event Scoring 13 Staff Appearance 15 Courteous 15 Helpful 15 Food& Beverage On Course Beverage Service 11 2 Buffet 9 Service Staff 13 Additional Comments Thank you so much for hosting us-the guys had a great time and I enjoyed working with you all. Special thanks to Jeff Hunt, Andy Forbes and Shane Keenan! We hope to see you next year! Emily,VPNE Always a pleasure with your staff. They are all very kind and courteous! We look forward to next years tourney! Golf cart attendants were very helpful with last minute changes and cancellations. Clubs and carts needed to get reorganized. Katie Heust My group LOVED your course and your staff. I LOVED how easy it was to work with you, especially Jeff Hunt and Shane Keenan. Our guests enjoyed the tournament! 76 I was just the organizer so didn't see course but all else was excellent and we had no complaints from our group. Thank you all so much for everything. The clients had an amazing time! 77 Miami Beach Golf Club Golf Outing Evaluation Summary 2016 Excellent Good Fair Poor Golf Course Conditions Tees 9 2 Fairways 9 2 Traps 9 . 2 Greens 9 2 Club House Entrance 9 2 1 Pro Shop 9 2 1 Outing Administration Pre-Outing Communications 10 1 1 Organization 10 2 Bag Handling 10 2 Special Events 9 2 Post Event Scoring 10 1 Staff Appearance 10 1 Courteous 12 Helpful 10 1 Food & Beverage On Course Beverage Service 10 2 Buffet 6 2 Service Staff 8 2 Additional Comments Our guests had a wonderful time! Thank you! We love working with your team! Always a pleasure! Your team was fantastic...as always! Thank you for a great job. Zurich Group with Allied PRA - Shane was great. Please reserve 11/24/16 for our group again. Fuel Oil I'm a senior events manager and work with 5-star courses all the time. This was a great experience. Jeff Hunt was absolutely fabulous to work with. Robin Boe,Arrow Electronics Everything was perfect-as always! Many thanks, Jeanne ASBA 78 Miami Beach Golf Club Golf Outing Evaluation Summary 2015 Excellent Good Fair Poor Golf Course Conditions Tees 14 3 Fairways 14 3 Traps 13 5 Greens 14 3 Club House Entrance 12 5 Pro Shop 14 2 1 Outing Administration Pre-Outing Communications 13 4 Organization 15 2 Bag Handling 13 3 Special Events 11 3 Post Event Scoring 13 1 Staff Appearance 16 1 Courteous 16 1 Helpful 16 1 Food & Beverage On Course Beverage Service 12 2 1 Buffet 8 1 Service Staff 13 1 2 Additional Comments Jeff, Shane, and Steve and all staff were very professional and helpful. We had a fantastic event at your facility! Thanks very much! Tom Savoie and Carren Schmidt Everything was very good. We got tied up in traffic and arrived a little late but there was no problem. Would definitely play there again. Timothy King, Benderson&Company outing Always a pleasure. Thanks for a great season. Steve Gold, 360 Destination Group Second year with same group. We truly appreciate Jeff coming to the hotel to discuss the details with the client. Suntrust Our attendee had a great exerience. Thank you!! 79 1 y The course was fantastic! Can't beat the price for Miami. Had a great time playing 3 days there. Thank you, all in attendance had a great time. Looking forward to future outings. Thanklou for making my life easier. "PROFESSIONAL"sums it up! Every aspect of MBGC is run in a thoroughly first class way and at the same time in a very "personalized"way that makes us feel welcome year after year. In the words of General Douglas McArthur, "I shall return" (in 2016)! Walter Mockert, JP Morgan Jeff Hunt was good to work with. Thank you for everything. You made the planning process very easy-Thank You Very happy. Jeff Hunt excellent. Next year Jan 15& 16. Albert Mitrani z The course was in the best shape I have ever played it in and the staff that worked with us were fantastic. See you next year. Thanks again Steve. Matt Berger Another great year! Thanks, Jeanne Cardona 80 Miami Beach Golf Club Golf Outing Evaluation Summary 2014 Excellent Good Fair Poor Golf Course Conditions Tees 10 4 Fairways 11 3 Traps . 11 3 Greens 12 2 Club House Entrance 11 2 1 Pro Shop 10 4 Outing Administration Pre-Outing Communications 12 2 Organization 12 1 Bag Handling 13 Special Events 11 1 Post Event Scoring 12 Staff Appearance 12 2 Courteous 13 1 Helpful 13 1 Food& Beverage On Course Beverage Service 12 2 Buffet 8 2 Service Staff 12 1 Additional Comments The staff was very helpful and attentive to our group. It was a wonderful experience for our clients. Jim, Jeff and Steve were very accessible and easy to work with. Great event- Larry Arnaudet, ESCA Been there a few times and really enjoy the place. Hopefully next year we can have better numbers and have a real tourney. Jamison Miller, Director of Business Development Great course, great staff, great outing for our organization. Thank you for your outstanding work and support! Very successful tourney for our attendees! Special Olympics Outing 81 Thank you for all of your help making our event a success! Jeff and Jim were fantastic to work with-easy, reliable and pros at making the outing a success. The group really enjoyed the course. Thank you! Patty Daniels It was an excellent day for my group. Thank you! Rosalee Scanlon-Willis Jeff Hunt and Steve Farrell were excellent to work with. Reynolds Thank you to Jeff Hunt and Steve Farrell for all their help planning this event! Communication and organization for our outing was excellent. Staff extremely helpful. Jeff and Steve are always helpful, hardworking, and patient with us before and during our tournament. We really appreciate everything you do! 82 Miami Beach Golf Club . Golf Outing Evaluation Summary 2013 Excellent Good Fair Poor Golf Course Conditions Tees 13 1 Fairways 11 3 Traps 12 2 Greens 12 1 1 Club House Entrance 10 ` 4 Pro Shop 10 4 Outing Administration Pre-Outing Communications 13 1 Organization 13 1 Bag Handling 13 3 Special Events 12 1 Post Event Scoring 9 1 Staff Appearance 12 1 Courteous 12 1 Helpful 12 1 Food & Beverage On Course Beverage Service 12 2 Buffet 8 1 Service Staff 13 1 Additional Comments Thanks for a great day! Jeff Hunt was fantastic, as well as Steve Farrell!! Everything is awesome! It was a well organized event and we enjoyed our time on the course. Clients loved it! Great job and effortless planning throughout! Thank you! Every year that we return,we're greeted like"old friends"not strangers. This event is so easy to organize thanks to the collective efforts of everyone on the staff! Walter Mocked, JP Morgan Securities 83 Jeff and Steve and the rest of MBGC team went above and beyond to ensure our event was flawless. Can't wait to come back in 2014! Excellent outing„would come back for sure. Jeff Hunt and Steve Farrell made the tournament flow seamlessly and my job easy. • 84 Miami Beach Golf Club Golf Outing Evaluation Summary 2012 Excellent Good Fair Poor Golf Course Conditions Tees 17 3 Fairways 17 3 Traps 17 3 Greens 17 4 Club House 'Entrance 17 3 Pro Shop 19 1 Outing Administration Pre-Outing Communications 19 1 Organization 19 1 Bag Handling 17 3 Special Events 15 1 Post Event Scoring 16 Staff Appearance 18 1 Courteous 19 Helpful 20 Food& Beverage On Course Beverage Service 15 4 Buffet 11 1 Service Staff 16 3 Additional Comments Although rained out, part of group played later in day. We were treated great as usual! I will always bring my group back! Look forward to next year. Overall-PERFECT!! We've never been disappointed at the Miami Beach Golf Club. We'll be back again. Walter Mockert, JP Morgan Securities 2012 High Yield Conference Golf Outing You guys are a pleasure to work with. 'Continue the excellent service. Well run event and good service. Guests enjoyed 85 • The responsiveness of the staff, friendly and helpful coordination, and day-of activities were PERFECT!! You all did a fantastic job! Looking forward to next time! Sarah Mintz It was a pleasure working with Jeff and Steve. They were most helpful in organizing our event. Annemarie Schmitt Great job. Very accommodating. Tough course! Good job as always! Looking forward to 2013. Please put us down for Mon. Oct. 28, 2013. Frank Swierz Jeff and Steve were a pleasure to work with setting everything up. Thanks guys!! Once again a great golf outing. We are hoping to be back again next year! Very well done. We will definitely come back next time we are in Miami. Thanks for a great event! Great reports on every aspect of tournament. Thank you! Outstanding team! Samantha Bratter Another great year-Many thanks to all! Jeanne Cardona, ASBA Great job helping our group from start to finish! • 86 Miami Beach Golf Club Golf Outing Evaluation Summary 2011 Excellent Good Fair Poor Golf Course Conditions Tees 21 4 Fairways 18 5 Traps 17 5 Greens 19 5 Club House Entrance 18 5 Pro Shop 19 4 Outing Administration • Pre-Outing Communications 22 2 Organization 22 2 Bag Handling 20 3 Special Events 19 3 Post Event Scoring 16 1 1 Staff Appearance 22 1 Courteous 22 1 Helpful 22 2 Food & Beverage On Course Beverage Service 19 4 1 Buffet 14 2 Service Staff 20 2 Additional Comments It was a spectacular event! Jeff Hunt was amazing from our first meeting to the last minute of the outing and our guests had a fabulous time. John Tedesco Have scheduled event for 10-29-12. Frank Swierz-Fuel Oil Buyers With all the national & international events I have done, I must say that this was outstanding in every way! Awesome!! It was a pleasure to deal with you. Everything was excellent. Lordco Excellent as usual -Thanks Jeanne Cardona 87 Jeff Hunt was very accomodation with our group. We appreciate the attention. Susan DeRoos-Coca Cola We will be back in 2012. Our date will be 3/7/12. Kim O'Dell Thank you so very much for helping us organize the group at the last minute. Everything was great. Thank you for your help with Telefonica! You guys were awesome. Alexandra Pena Thank you Steve 4 your staff. Everyone is always very helpful and goes the extra mile to make it happen! Deloitte Always happy with our event here. The staff is excellent and always makes my job easy. Thanks guys! Security Traders of Florida You can tell from the ratings that we were pleased. This is what keeps us coming back to MBGC year after year. JP Morgan Jeff&Andy-we got many compliments on the service and staff-thank you! Shelby 88 c EXHIBIT4 89 Jeff Hunt From: Kenneth Kennerly <kk@k2sportsventures.com> Sent: Friday,June 15,2018 8:50 AM To: Jeff Hunt Subject: Endorsement email To Whom It May Concern, I write this letter in support of Jeff Hunt and Professional Course Management for their continued management of Miami Beach Golf Club and Normandy Shores Golf Club. Their tenure as the management company of record has been stellar and their operational tactics and strategies are "best in class".The clubhouse facilities are managed extremely well with a very friendly and helpful staff.The condition of both courses is also top notch especially with the amount of annual play. Lastly,Jeff Hunt and his team have created one of the finest amateur tournaments in the world.The South Beach International Amateur attracts players from around the world and brings enormous recognition to Miami Beach and both golf properties.As a result,the tournament is an enormous economic engine for Dade County annually attracting visitors pre-Christmas when hotels are less busy. I strongly support Professional Course Management and hope you will continue the current successful management relationship. If you have any questions,please contact,me at information below. Sincerely, Kenneth R. Kennerly Executive Director The Honda Classic a PGA Tour event Cell: 561-758-3582 Kkennerlv@thehondaclassic.com Sent from my iPhone. Please excuse any typos. • 1 90 Jeff Hunt o:nmagnorsky@aol.com] Sent: Wednesday, June 13, 2018 9:28 AM To: Jim M Subject: Re: counts Hi Jim, I meant to send you a note last week. Thanks for everything,the event came out amazing and the food was incredible! I wished I would have taken left overs!! Take care, Natalia. Original message From: Natalia<nmagnorsky@aol.com> Date: 6/1/18 4:10 PM (GMT-05:00) To: Jim M<jimn@miainibeachgolfclub.com> Subject: Re:_counts Hi Jim!! , _ Was just looking at that!! We will be 52. Only 2 more adults. 26 kids 26 adults See you tomorrow. 1 91 �. From: geoff kraft [mailto:geoffkraft@ hotmail.com] Sent: Monday, May 21, 2018 12:05 PM To: stevef@imiamibeachgolfclub.com Subject: letter of appreciation Dear Steve It has come to my attention that there will be bidding for the MBGC/ Normandy management situation going forward. Therefore, as a 13 or 14 year MBGC/Normandy Member (I moved here in '03, and for anyone reading this who doesn't know me, I am at the Club 4-5 times a week typically, I am a Member of the Miami Beach Chamber of Commerce, a Mt.Sinai Hospital "Junior Founder", and run Vision Brokerage Services, a boutique investment firm, on Chase Ave a block away, so I am blessed to have a large circle of friends and colleagues who play golf with me here..) I am sending this note to offer my strong support for the current regime. My experience has been terrific; I am treated like gold from the top management team of Steve (and Alberto)_ on down to the faithful staff that is on the grounds (and for such long time,fabulous employees, like Adam , Sam , Leo,Jose,Julio, even Evilio ,etc to have literally been here for my whole tenure as a Member speaks volumes on the good vibe that is part of my experience), and newer( by a few years)wonderful staff like Daniel, Gerard, Greg, Ray, Fred K,Aaron , Mr. Hensly, as well as the fabulous dining room/kitchen staff also are just SO NICE and amenable that I would DEVASTATED to see any of them let go by a new team.. Again, I am a big fan of the status quo, and can be reached at 305 978 2466 Respectfully, Geoffrey H. Kraft 1 92 Jeff Hunt • From: Hernandez, Leonor[mailto:LeonorHernandez(c�miamibeachfl.yov] Sent: Monday,June 04, 2018 1:37 PM To: 'jim nourse' Cc: Salgueiro, Ana; Singh, Narinder Subject: RE: Orders for tomorrow's luncheon • Hi Jim, I wanted to thank you on behalf of the Building Department for a wonderful event. Your assistance and willingness to please with all requests is greatly appreciated. Have a wonderful day! Regards, • MIAMI BC Leonor Hernandez Special Projects Coord./Manager North Beach Office BUILDING DEPARTMENT 962 Normandy Drive,Miami Beach,Florida 33141 305-673-7704(Main Number) 305-673-7610 Ext.6413(Direct Number) www.m iam ibe ac hfl.qov leonorhernandez onmiamibeachfl.gov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. ot Please do not print this e-mail unless necessary. 1 93 Prodyot K Sen Sharma 1000 S Pointe Drive-Apt 1004; Miami Beach—FL 33139 Email: pksensharmma@gmail.com • May 16,2018 Letter of Appreciation-To whom it may concern I have been a member of Miami Beach Golf Club since 2010. I take this'opportunity to express my sincere appreciation and thanks to Steve Farrell, Director of Golf;for his outstanding service to all of the Club's members. The Staff and their attentive service has continued to grow over the last few years. Steve has taken the Club to a different level in the last 2 years. He has introduced several member and couples golf events which has gained much popularity and has seen very good participation. The Golf course continues to make all of us extremely happy as it has been maintained in an excellent condition. The Greens Keeper and his staff deserve a big applause. Finally, Jim Nourse, Food & Beverage director has also given us an excellent menu and very high food quality consistently. The dining room staff are very attentive and so are the Cart girls. All in all, Miami Beach Golf Club can easily be compared to any good private country club. I am also a member of Trump Doral Golf Club, but, I actually play more often at Miami beach than at Trump Doral. I sincerely hope that we will continue to enjoy their management and service for the coming several years. Sincerely, Al° , P.K.SenSharma 94 r From: Carl Herrmann [mailto:cherrmann@windemere.ca] • Sent: Monday,April 23,2018 8:22 PM To:Steve Farrell Subject:Thank you HI Steve, Cindy and I wanted reach out and thank you for the incredible season at the golf course! You've really stepped it up a notch this year. It seems like every year you make it an even more enjoyable experience. You've done a wonderful job with the staff-they certainly seem to enjoy their jobs, and always make us and our guests feel welcome,and at home. - We especially liked all the club events that have been offered. Not only were they great fun, but your team did an excellent job with respect to organization and enthusiasm. Top notch-we certainly saw that your efforts and your staff have paid off. The course as well demonstrates the care and attention-everything is first class. Love the new patio at the clubhouse, the new patio and tent at the Jim McLean area, and the sodding and planting-and efforts-certainly shows how much you care. Great to see the new tent at the front area-somewhere to pull in out of the elements! Our guests are always so Impressed with the course,and they have played some of the best around the state, country and world. Anyway,we just thought we'd thank you and look forward to the next round! Best to you ti Carl and Cindy • 1 95 From:James Sheridan [mailto:jsheridanmiami(ayahoo.com] Sent:Thursday, April 19, 2018 6:09 PM To: Miami Beach Golf Club Subject: Miami Beach Golf Club - Membership experience To Whom it may concern: Having relocated from Dallas to Miami in 2004 as a member of the private Dallas Athletic Club, an associate of mine and I endeavored to search for a suitable golf club in the Miami/Fort Lauderdale corridor that best emulated where we were coming from. After looking at over 15 clubs from Riviera to Grande Oaks, we chose MBGC as it met our 3 main criteria best; Course, People and Condition. Fourteen years later it still impresses and I now see more clearly why. The course being the static component that is indeed a masterful redesign by Athur Hills, it is the people creating the conditions and the system that keeps that consistent over the years that is very impressive. The management of the club is what makes this place special and so very successful. From member relations, private tournaments run well, the experience of merely arriving to leaving, problem resolution,course maintenance, food quality and service,helpfulness, attitude,professionalism and expertise, I am very impressed. PCM obviously has a system that works. This is the key differentiator. Over the years when key individuals are replaced yet many familiar faces remain and the experience remains consistent or becomes enhanced it says a lot about the organization running it.. This is a proud place with caring capable people. The course conditions have steadily improved over time and the membership is at an all time high. I am proud to be here instead of elsewhere more than ever and-wish this experience to continue. One suggestion is to create a rooftop seating area with or without dining. The views would be spectacular and the draw for that feature from around the world would be unequalled by any club in South Florida. Sincerely, Jim S. ' Jim Sheridan Member Miami Beach Golf Club 786.417.7785 Sent from Yahoo Mail on Android 1 r 96 \` Jeff Hunt, From: Schopmeyer, Sierra <sxs811@miami.edu> Sent: Monday, April 16,2018 10:51 PM To: Trace Allison;'Jeff Hunt' Cc: 'Jim M' Subject: Re: Following up Attachments: 501.3c Form .pdf Hi Everyone, The checks are in the mail! I have also attached our 501.3c to this email. Thank you guys SO MUCH for such an incredible event. I look forward to hopefully working with you again, I will reach out further this summer to discuss dates for next year if that is an option. Let me knowlf you need anything else from me! Best, Sierra Schopmeyer BS Biology I BA Spanish University of Miami, Class of 2019 Sxs811(ii),mialni.edu 580-649-1574 • From:Trace Allison <tracea@normandyshoresgolfclub.com> Date: Friday, April 13, 2018 at 8:21 AM To: "Schopmeyer,Sierra" <sxs811@miami.edu>, 'Jeff Hunt' <jeffh(a?miamibeachgolfclub.com> Cc: 'Jim M'<limn@miamibeachgolfclub.com> Subject: RE: Following up Yes. Anytime today before 5pm , From: Schopmeyer, Sierra [mailto:sxs811(amiami.edu] Sent: Thursday, April 12, 2018 10:38 PM To: Jeff Hunt Cc: 'Jim M'; 'Trace Allison' Subject: Re: Following up Hi everyone, Here are our golfer foursomes. We will need 3 men's right clubs and 6 women's right clubs. Is it still okay to drop our stuff by tomorrow?Just let me know what time. Best, Sierra Schopmeyer BS Biology BA Spanish 1 97 J it / 4-1e. " 1 EVENSKY&KATZ/ FOLDES FINANCIAL ' WIAll'FI MANAGCMINT Monday, April 9, 2018 To Whom It May Concern: . It is my pleasure to send this letter of support for the continued operation of the Miami Beach golf courses by Professional Course Management. t The charitable efforts of Evensky & Katz / Foldes Financial Wealth Management rely on partners who can help us produce outstanding functions for our high-end donors. Every two years we partner with Mt. Sinai Hospital to raise money thru our golf charity outing benefiting the Mt. Sinai Medical Center's Abess Family Neonatal Intensive Care Unit at Miami Beach Golf Club. Over the past six years we have enjoyed a wonderful working relationship with the PCM staff who always produce a top shelf food & beveragexperience along with the always pristine golf club. Warmes 1regards, 1 12 David .. vensky, RMATM Principal Evensky& Katz/Foldes Financial Wealth Management , • 4000 I'oNCE DE LEON 11OUI.EV,1;P.SUITE 850 • 1001 MAIN STREET.SUITE 400, CORAI.GABLES.FL 33146 LuiliocK.,TX 79401 • TEL 305.448.8882 FAX 305.448.1326 TEL 806.747.7995 FAx 806.747.8569 wgw.EK-FRC)M Jeff Hunt From: Lifson, Michael <Michael.Lifson@LibertyMutual.com> Sent: Wednesday, March 21,2018 8:11 AM To: Jeff Hunt Cc: Peters,Jennifer; 'gerard onacki' Subject: RE: Contract- Liberty Mutual Insurance, Golf Saturday, March 17,2018 Hi Jeff and Gerard, I wanted to Thank You again for all of your coordination and hospitality you provided our guests with. I, received great feedback from the attendees who had a GREAT day on the course! When you have a moment, can you please send me the final invoice/payment receipt for the$2,356.50 charge that you recently placed onto our Visa Pcard. I look forward to working with you guys on a future event! Best regards, Mike Michael Lifson, CMP, CMM Senior Meeting Planner Meeting Management and Event Strategy Liberty Mutual Insurance 175 Berkeley Street, Boston, MA 02116 Phone: 857-224;8293 Cell: 413-250-2870 Email: Michael.Lifsonlibertymutual.com J Liberty 113 vttitual. From:Jeff Hunt[mailto:jeffh@miamibeachgolfclub.com] Sent:Tuesday, March 06,2018 8:59 AM To: Lifson, Michael<Michael.Lifson@LibertyMutual.com> Cc: Peters,Jennifer<Jennifer.Peters@libertymutual.com>;'gerard onacki'<gerardo@miamibeachgolfclub.com> Subject:RE:Contract-Liberty Mutual Insurance,Golf Saturday, March 17,2018 Thanks! Please copy gerard on all further emails as well. Jeff Hunt Director of Marketing Miami Beach Golf Club 1 99 . • • • • • • Xe- . 1. "7 • /22 /27 , y ' c I ... 7! •?. / �?r! f l/t /:I r t; / � 1 r ; y41ef,"' --� 1�< '7�.',t✓ • • 100 MIAMI BEACH • City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Jimmy Morales,City Manager Tel:305-673-7010,Fax:305-673-7782 February 08, 2018 Dear Steve Farrell : Congratulations! You provided excellent customer service during quarter four (July-September 2017) when recently `shopped' by the City's Service Shopper \ Program. Achieving outstanding customer service is a top priority as we become a results oriented government—forward thinking, responsive, and accountable to our citizens. Your commitment enables us to achieve our mission of"Providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic , community." Thanks for your dedication and enthusiasm. You are.what make this City great. Sincerely, • li • Ji 1 my M.rales Ci ` Manager •• c: Eric Carpenter John Rebar Dr. Leslie Rosenfeld Personnel File • • We are commited to providing exellent public service and safety to all who live,work,and play in ow vibrant tropical historic community 101 col ,` - 7, � 7)/77” .s °2 y 10/17 7.- -"YlYV -'71271 0/1)1-1/ g.(17 3-/ZZ * 1-111 )- 4))/ 1/17/1 I 1 • Jim M From: Bill Hansen<Bill@billhansencatering.com> Sent Saturday,May 13,2017 7:53 AM To: jimn@miamibeachgolfclub.com Cc: Yiqiong Liang • Subject: Note from Bill Hansen Jim, Great to run into you yesterday...your food was very good and appreciated....loved the fish. If you would like some catering referrals, please let me know....I have a sister-company run by Yizzy Liang who distributes leads to other caterers that are not suitable for us. If you would like to be added, let me know...she will reach out to you and set you up. Kind regards, Bill Hansen B i! HansEm iuxur;= Catering Chief Executive Officer r. 305.858.6660 -"7 . 305.338.1897 Bill@BillHansenCatering.com w. BillHansenCaterinq.com a. 2167 S Bayshore Drive Miami, FL 33133 • RA,. Jn�r� - .i ,t, j• e-z�:r, :_::,sit:: ..�r� i r„ �.ir::c,:,&;}_'�ren. :s c,.,.i:;.,2c .,..,. ..r �r, i:ir�n�;c:.... .. .....:.t,.�.j_..ri.= .,... t--•‘•_ ,,. .. .... _ ....;,. .,..:. .,.r,,..z^.i^,:-.�-,-:. ,-.,,. .�;ii r � '.i'el... li. 7U 1`�;a• i r' :,.:. ra s.�,,.rr. PV.:VSE: .. :. .Ir,.r:. i. ..i ..�...... .._ .. ... L ... .. ._. .. ;.i.. 'i[ t1,::a: =i"r%'.. r. - i��l i ;�:iN:�.•, :i-^.Eci_ aii it•,t;+. :?. - . < ij ,..._ mac; . .,.ci't..-.'iy:y c .cai; }:'�. .._ .._., -,. �ti.., .. _i,,._.."f1�...-... , S}"1i. .... '•t_� ::-Jt:• ,:d that C7;scif.rt!) tvat.ir :toil:`t'...:irig any _iorl i:l.'Block,-(iii Yr1E-,(..ripe is Of il'1: f 'rai!_^:Fr i;Vii'?C:i}'!' t s•a,...r 1._. �7rin;,r_d.Read more 1 JimM From: Daniella Quintero<dcquintero@bellsouth.net> • Sent: Saturday,May 06,2017 3:33 PM To: jim nourse Cc: Mareilys Cell;Mareilys Soria Subject Re:1st communion • Dear Jim Just wanted to let you know that we has a fantastic time and we appreciate how hard your staff worked to make us feel welcome. Next family event is my 50th bday, so if we are here in Miami, I will reach out to you to make an early booking. Best regards The Castello Family O Jim M From: Cornelia Philipson <corneliap@aol.com> Sent: Friday,January 13,2017 1:14 PM To: jim nourse' Cc: 'jack franco';'Russ Rywell';'Russ Rywell';'Robin Turk-Coller' Subject: Thank you for such a lovely set up for our Miami Beach Senior High School Alumni Association Board Meeting Tuesday Night!! Importance: High Dear Jim,Jacob and Angie, Thank you for such a lovely set up for our Miami Beach Senior High School Alumni Association Board Meeting Tuesday Night!!Angie did a Great Job getting everything taken care of,our orders in,serving, etc!!We all feel there is no place we would rather eat/meet. The only one problem we have is so many of the - Board live in Broward and North Dade., I live in Kendall,however,for me, I would drive through all types of traffic to get to the Miami Beach Golf Club!! Please tell/share this e-mail with Angie. • Thank you for always cooperating and making us feel wanted!! Steve"Bubba"Cohen was at our meeting,and gave glowing praise for the great job you did for his Class Reunion! Thanks again!! Happy and Healthy New Year to you and your dear families. o Warm regards, Cornelia Turk Philipson • Corresponding Secretary MBSHS Alumni Association Cell:305-528-7450 • 1 JimM From: Alberto Pozzi <apozzi@miamishoresgolf.com> Sent: Friday,March 25,2016 10:22 AM To: Jim nourse' Subject: RE:3/21 event for Michele Oka Doner Congratulations!! Please share with all the staff that worked the event. I thought you were off today. Alberto • Original Message From:jim nourse [mailto:iimn@miamibeachgolfclub.comj Sent: Friday, March 25,2016 9:55 AM To:apozzi@miamishoresgolf.com Subject: FW: 3/21 event for Michele Oka Doner fyi Jim Nourse Food and Beverage Director o Miami Beach Golf Club& Normandy Shores Golf Club 2301 Alton Rd Miami Beach, Fl.33140-4255 , 305-604-4057 • 305-532-3840 fax Original Message From:Jeff Harakal [mailtoaeffrevharaka101Pgmail.coml Sent:Wednesday, March 23, 2016 4:37 PM To:Jimn a miamibeachgolfclub.com Cc:Andrew Nelson; Michael Hughes Subject: 3/21 event for Michele Oka Doner Hi Jim, What a pleasure to work with you for that lovely dinner with a toast before hand at the banyan tree on Monday night. The food was wonderful,the settings sublime and the service on point. Thank you for your generous attention to detail. Best, 1 - Jim M From: neal.slansky@wellsfargoadvisors.com Sent: Wednesday,February 10,2016 12:04 PM To: jimn@miamibeachgolfclub.com Subject: RE:bhs 1971 Thanks for the E-Mail.Let's start the process of working on the 45th reunion of Miami Beach High Class of 1971. The Class of 1970's reunion was great and we would like this reunion to be just as similar as theirs I talked to Steve"Bubba "Cohen this morning about the 1970 reunion $38-$40 net per person before the add-on's $50-$52 out the door for the food.We would like you to put together the menu similar to the 1970 Reunion . The set up for the food and presentation was excellent Cash Bar for all attending same as theirs Saturday Night Dec 10 2016 -Starting at 7pm-11pm N- 0 Thank you for help and thoughts, Sincerely Neal Neal Slansky First Vice President-Investments The Slansky Group Wells Fargo Advisors, LLC 19950 West Country Club Drive Suite 700 - Aventura, FL 33180 Direct: 305-933-6392 Fax: 305-933-6490 Toll Free: 800-327-3510, Ext. 6392 neat.slansky(a�wel lsfargoadvisors.com • 1 - Templefir - 7Beth Sholom otD rni n5>np November 23, 2015 ' Jim Nourse Director of Food & Beverage Miami Beach Gold Club 2301 Afton Rd. Miami Beach, FL 33140 Dear Jim; I want to take the opportunity to thank you for everything in making yesterday's Brotherhood event such a success. Everything went EXACTLY as discussed. Jacob was extremely pleasant to work with (as always). It is truly a pleasure to once again partner with you on one of our events. I look forward to more in the future. Once again,thank you for your efforts. Sincerely, Mark Baranek Director of Congregational Engagement r(iWS ) . cam. -O 4144 Chase Avenue, Miami E7Q8ch, FL 33140 T 305.538.7231 F 305.531.4248 tbsmb.org • Jim M From: - Soria,Mareilys(US-Florida) <Mareilys.Soria@Fiserv.com> Sent: Sunday,March 08,2015 8:03 PM To: jim nourse Cc: Christina Aguado(floridacmp@hotmail.com);carolaorieta@mac.com;Tanya Sperman(tsperman@gmail.com);catablanco@hotmail.com;lupitamerizalde@gmail.com; Franceca Yunis(clauzuluaga@aol.com) • Subject: THANK YOU • • Importance: High • Jim: I can't thank you enough for all you did for our school first Gala Fundraiser. It was a great evening and the parents left extremely happy with the venue,service and food. It was truly a great success for us. We are looking forward to next year!!! On behalf of Mrs. Herrera,our director and the PTA Board,THANK YOU!!!! Mareilys Soria Senior Market Manager Walk-in Solutions Fisery / CheckFreePay Office: 786-254-7382 Mobile: 786-236-9356 —www.fiserv.com www.checkfreepay.com FORTUNE® Magazine's 2014 World's Most Admired Companies • Facebook: Like Fisery - Twitter: Follow Fisery - Linkedln: Connect Fisery • Careers: Join Fisery Jeff Hunt From: Steve Farrell [stevef@miamibeachgolfclub.com] Sent: Tuesday, March 11, 2014 11:35 AM To: 'Jeff Hunt' Subject: FW: Golf Outing evaluation form Attachments: Miami Beach GC.pdf From: Adrian DeWendt[mailto:adrian@sook.org] Sent: Tuesday, March 11, 2014 11:11 AM To: stevef@miamibeachgolfclub.com Subject: Golf Outing evaluation form Hi Steve—For some reason, our fax machine is on its last leg so I am emailing our evaluation form. The SODA Classic Golf Tourney at your course was a huge success for our attendees. Everyone had a blast and it helped to provide a very positive vibe into our meetings. A special thanks to you,Jeff and your wonderful staff for helping to make our tournament a great success. All the best and thanks again. Adrian Adrian DeWendt President&CEO . Special Olympics Oklahoma Tel +1 918-481-1234 Fax+1 918-496-1515 Mobile+1 918-346-1423 • Email adrian(a.sook.orq Twitter @SOOKlahoma Facebook Special Olympics Oklahoma www.sook.org • c 1 110 f.014%t4:4414?-,,,ili ,_ ' :i'.Vatii.eat4 ;141, ared .,! 17,1tik' 1i1/41 , ,„,..., .,. 5isterCities MIAMI BEACH , pt,„ ,?. November 20, 2013 Vili`44,440., , ,, ,.. , ,,,illt, 'n 4^',0et 17-„L-4,4r:1 ' - ,-;,,g...: •,,'P."' ,, ''',,i''t71414tiltthr I Mr Nourse, 't 't,I.Jizt,-.44yA4, 54,,tii,41,4'- i-w..1,4e.' wilte;i4''t•41 . On behalf of the Miami Beach Sister Cites International Committee and the City of Miami Beach, I want to recognize your participation and thank you for your contribution in making the official :::‘,:',41,:i• delegates' and citizens' visit from Fujisawa, Japan a success. Sincerely, 44::.,:::L,.,,,,'•1?ill rt,H7„f:'I,""p!":11,:;14:1: Michael "Mac" McNamee ,.. _ Miami Beach Sister Cities - "1,511740•: f i Representative, Fujisawa, Japan 7 :t: 4.,'70i,1 t'' ' iA*4 44;4,14 It * :,'"i,.; '40',V-, ^4 1,..,2.121-1 t M t,AVA t 0, ,,,,w, „LP,••... ,, / „ , 7 ,:-5,1. '1214.'•"''t.. ':h-t% 0 16,' 44' 41 -1*A4:1"1 1.1"frA4r;'itr4rk:0" , -0., •0 -3,17„Iff,' ir i,",.1,414R11,*: tr'trt7-1,,'nftr‘t,,,,,,,tt,r,4'.'''', ;:ti,Y. PM' '' As' .1 CO-' "'Ls>,. .,41,N'",qb"n4,t,"-„, ;'1 +) .'• ,,,1 '',A. ,,,, .„1, ,.;,,,,.4.,,,,,v,, fr. ...,, 1.„..,rl. ....., , ...‘ L..7,,,.. .,,,.. .. , 4;41,2;V:t 'L V.VA;;Itlia MI 0 eaciip,4i. ‘, . 1 'a 04,ok)1._ xtifr6 -.etior co::,,, .,,,onamidee--dec.Natptc...iztv ,5,crfaL4p.?',R, 77,, peo 74.,,,,,- - 1,1awAff.4 , :J:los,.,-, :tW ',Ps, *.iti' ,h,_9:"firRt':'-, , ' M..„.„.. ,IYVt141,, ,certgq91VcAtt '''is'alteti.Wilit,,Ii.11:01th,44-1,a. :14$41:2 ''''''00efq 'ge it 1$6,:mvpNiSoVtzl:'$`..;,-..,„-.,,,:0?7,,,:- '!=, f.), i%,'A','"-•.,..,..,-::' '-'..',.,4",'"€e- ,,,f,, .4*2'11%04'DA.S.1 Va It JP SPORTS + ENTERTAINMENT October 28, 2013 Mr.Jeff Hunt Marketing Director Miami Beach Golf Club 2301 Alton Road Miami Beach, FL 33140 Dear Jeff, , The 3rd Annual Laews Miami Beach Celebrity Golf Tournament is in the books we hope you are proud of the day,and more importantly the results e.g.the funds that were raised for DonorsChoose.org and The Foundation For New Education Initiatives. • Jeff, this has become a favorite event of ours, and the reason is simple. Of all of our venue partners, I'm not sure anyone has treated us better across the board, or been more fun to partner with. Your entire team just"gets it," and it is so refreshing. Thanks again for all of your friendship and support,and look forward to speaking • with you soon. Best regards, Pete Falcone President&CEO 800 VILLAGE SQUARE CROSSING, SUITE 202 • PALM BEACH GAR6gIS, FL 33410 • T 561.656.2019 • F 561.656.2099 • JPSE.NET Jim M From: JOSE PAEZ<josepaezr@gmail.com> Sent: Saturday,May 11,2013 2:23 PM To: jimn@miamibeachgolfclub.com Subject: Hola r' } Hola Jim! Como estas? We are back form the honey moon and have been overwhelmed with work! It's no easy to leave the office-for a month! I think we need another vacation form our vacation! We passed by last Sunday at had a great lunch there. Jacob was very nice, as usual. We wanted to thank you personally for all your help and support. It was a great night and your help and that-of your team was an important part of the success. Would it be possible for you to send me a detailed receipt? I am putting together all the expenses and would like to have it for my records. We have a little something for you and your wife. Please let me know when could we stop by to give it to you. Muchas gracias de nuevo y saludos, • Jose y Karina.- 1 Jim M From: Nora Cacciamani<miaminora@yahoo.com> Sent: Monday,January 28,2013 11:22 AM To: jim nourse Subject: Re:thanks Hi Jim, I was just about to send you a thank you email but you beat me to it. You guys were great. We felt welcomed and the service was amazing. Thank you for being so accommodating. I will send you the tax exempt certificate in the next few days. Thank you again Nora Cacciamani • Friends of North Beach From:jim nourse<jimn(c�miamibeachgolfclub.com> To: Nora Cacciamani <miaminoravahoo.com> Sent: Monday, January 28, 2013 10:03 AM Subject: thanks Nora, I just wanted to thank you for the event, We really appreciate what you did for us. Ps please send the tax exempt certificate. Thanks Jim Nourse Food and Beverage Director Miami Beach Golf Club 2301 Alton Rd Miami Beach,Fl. 33140-4255 305-604-4057 305-532-3840 fax 1 - Jim M From: Marie Alvarez<Marie@cdagroup.net> Sent: Sunday,January 27,2013 12:11 PM To: jim nourse Subject: Superbowl Sunday Hi Jim, Just wanted to tell you again that Friday night's BBQ was great.The food was absolutely amazing and everyone I spoke to loved it.Are you doing the same spread next Sunday? If so, I'll copy Friday's menu for the post.Also,please confirm the pricing. Thanks, Marie • U, 1 Jeff Hunt From: jim nourse [jimn@miamibeachgolfclub.com] Sent: Monday, February 13,2012 8:35 AM To: Jeff Hunt Subject: FW: Thank you!! From: paulade81@aol.com [mailto:paulade8l@aol.com] Sent: Sunday, February 12, 2012 10:53 PM To:jimn@miamibeachgolfclub.com Subject: Thank you!! Hi Jim, I just wanted to thank you and your staff for a great event! The food was great and the service was excellent! We really appreciate all of your hard work!We look forward to having working together in the future. Several of out guests complemented the food and or event space, you definitely have our recommendation. Thanks again, Paula De La Sales 305-336-4697 1 116 LAW OFFICE OF GERALD K SCHWARTZ,P.A. 2 1691 MICHIGAN AVI N1JF TELEPHONE(305)6731101 SUrrE:320 FACSIMILE (305)673-5505 MMI MACK FLORIDA 33139 E-MAIL:gla3OrMUM! igcruldl:L•itv.comi SENT BY EMAIL TO THE MAYOR AND EACH COMMISSIONER February 3, 2012 Honorable]Mayor and Commissioners • City of Miami Beach . Re: Renewal of Golf Course Management Contract with Professional Course Management Dear Mayor and Commissioners; I have been a member of the Miami Beach Golf Course (formerly known as "Bayshore") since the course was renovated and management taken over by Professional Course Management. T have also been playing that course and Normandy since 1948, probably longer than any other present golfer. I can tell you that.the course and the staff have never been as nice as under Professional Course Management. I totally support your renewal of the Management Contract with Professional Course Management. I think they do a very fine job in all aspects. Steve Farrell and his staff are always pleasant, polite and are always there to help in any way they can. I am very happy with the manner in which the course is managed, operated and maintained. That is true of the restaurant also. 1 strongly recommend and support the renewal of their contract based on the current terms and conditions. Very truly yours, r_� i Gerald K. S chw,�trtz °� 117 4I( Deco i' � IE& JW y ... .,It . t 2 �r,,bnsq z rr z t frnt+.> , �13_" ttstt us J ,lk 4141' y r,, m ,,e, .,.„,„,1,„44,,, r } +t. rr ,vi;, ., s a S' x �u ���,u„��s.,� �r e� r. �" )4', w '�' � � „ .v"2+z�'�S'ik{1 :� ,n t '"; �.:' fi • �[ j gi gr , tie SO; .�zr L ', sus1 s . • 4. • ,.fitfi,. ., . a ,4 .iii' ,. .s �. i p 1 a � • Superintendent of Schools Miami-Dade County School Board Alberta M. Carvalho Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair ; Ea' ; r_, Dr. Dorothy Bendross-Mindingall Ms. Shirley A. Velasco Carlos L. Curbelo Renier Diaz de la Poriilla Dr. Wilbert"Tee"Holloway . Dr. Martin Karp Dr. Marta Perez Raquel A. Regalado January 31, 2012 To whom it may concern: It is with great pleasure that we write this letter commending Jim Nourse and the staff of the Miami Beach Golf Club for their excellent service. Our school held our Holiday Celebration last year and the event was a tremendous success! Not only are the facilities lovely, but Mr. Nourse and his staff went out of their way to accommodate our staff members. The food was delicious, the service impeccable, and free parking on the Beach can't be beaten. J Furthermore, we like the place, food and service so much that we often go there for lunch meetings and celebrations. We have yet to find something on the menu that we do not like. And the prices are so reasonable. We have recommended it to several other people and look forward to hosting many events there. Sincerely, 1 W)i;&,2„„__ __ Ms. Shirley Velasco Principal I Miami Beach Adult& Community Education Center• 1424 Drexel Avenue • Miami Beach, FL 33139 • Shirley A. Velasco, Principal 305-531-0451 • 305-531-2352 AX) •miamibeachadult.com Jeff Hunt From: Steve Farrell[stevef@miamibeachgolfclub.com] Sent: Monday, January 30;2012 8:55 AM To: 'Jeff Hunt' Subject: FW: Thank you • From: Arnold Goldman [mailto:arnold@tab-southbroward.com] Sent: Saturday, January 28, 2012 2:37 PM To: stevef@miamibeachgolfclub.com Subject: Thank you Dear Steve, I want to take-a moment to say thank you.As an active businessman I truly look forward to my weekend golf.Yes the course is beautiful,and yes the grounds keeper does a magnificent job, but it is you and your staff who create an atmosphere that magnifies the experience. I have belonged to private golf courses since the age of 16. None, let me repeat, none can hold a candle to your hospitality. I look forward to many more years enjoyment under your leadership. Again Thank You! Less than o minute,but worth more than gold in wisdom of leadership detrelopmentf htto://www.voutube.com/watch?v=SSOzU wOlaM Sincerely, ARNOLD • GOLDMAN CEO of LEARR5, Inc Home of The Alternative Board ' P:305-867-7770 F:305-731-2495 C:305-215-3203 www.TAB-SouthBroward.com www.voutube.com/LEARR5 Bloes.TheAlternativeBoard.com 4 Ti IF. ALTERNATIVE BOAR[' The£.:sinessOwner's S!ralc ;eAdvanlagz CONFIDENTIALITY NOTICE: This email and any file(s)transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are'not the intended recipient and have received this email in error,please notify the sender and promptly delete the message and attachment. Please be advised that if you are not the intended recipient of this email,unauthorized use,disclosure,copying,distribution or the taking of any action in reliance on the contents of this emailed information is strictly prohibited. Thank you. -c2 Please consider the environment before printing this email.The Alternative Board°is committed to environmentally friendly business practices. • 1 119 cp . /. • - • '->0)) :a( )( q) tP: ce 0' f,e Aq9.) @ vs' ),'74 / U U ((pal c �s���� bL S\-)c .0 5S . l &PAibl (/usti VV-P'fr( SOt+( o&s 120 Jim M From: Isgjmg@hotmail.com on behalf of Leslie Gonzalez<leslie.swanson.gonzalez@alumni.duke.edu> Sent: Friday,January 20,2012 10:35 PM To: jim Subject RE: This is great Jim. Thanks so much. We are looking forward to a great event!! • The golf club never disappoints. Leslie Swanson"Gonzalez 305.803.4335 mobile From: jimn@miamibeachgolfclub.com To: leslie.swanson.gonzalez@alumni.duke.edu N Subject: RE: Date: Fri, 20 Jan 2012 14:29:47 -0500 Gift certificate is ready also. Thanks. - Jim Nourse - Food and Beverage Director Miami Beach Golf Club - 2301 Alton Rd - Miami Beach, Fl.33140-4255 305-604-4057 305-532-3840 fax From: Isgjmg(ahotmail.com [mailto:Isgjmg@hotmail.com] On Behalf Of Leslie Gonzalez Sent:Tuesday, January 17, 2012 6:18 PM To:jim Subject: RE: 1 J Jeff Hunt From: Marjorie Tedesco[marjorie486@gmail.com] Sent: Wednesday, January 18, 2012 4:00 PM To: jeffh@miamibeachgolfclub.com Subject: Tedesco Tournament Dear Jeff, John asked me to let you know how thrilled he was with the Tournament on Saturday !! Everyone had a wonderful time'and he could not say enough about how your enthusiasm influenced the day. You made it so great when we first asked about planning the day. He said that the course was fabulous and that it was so well organized and FUN !! So many of our guests mentioned what a great time they had whether they were great or awful golfers. We will never forget the welcoming feeling and the best time ever. You made it perfect. Thank you again for everything! Sincerely, Marjorie and John Tedesco and all of our Golfers! 1 122 . MIAMIBEACJ=fl City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Jorge M. Gonzalez,City Manager • Tel:'305-673-7010, Fax:305-673-7782 • January 17, 2012 Dear Mark Zakari: - Congratulations! You provided excellent customer service during quarter one (October-December 2011) when recently 'shopped' by the City's Service Shopper Program. Achieving outstanding customer service is a top priority as we become a results oriented government—forward thinking, responsive, and accountable to our citizens. Your commitment enables us to achieve our mission of'Providing excellent public service and safety to all who live,work, and play in our vibrant, tropical, historic community.' Thanks for your dedication and enthusiasm —you are what make this City great. Sincerely, • Jo e M. Gonzalez City Manager C: Kevin Smith Dr. Leslie Rosenfeld J • • P We are commited to providing exellent public service and safety to all whglige,work,and play in our vibrant tropical historic community MAMIBEAC1=. City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Jorge M.Gonzalez,City Manager Tel:305-673-7010,Fax:305-673-7782 January 17, 2012 Dear Andy Forbes: _ Congratulations! You provided excellent customer service during quarter one (October-December 2011) when recently 'shopped' by the City's Service Shopper Program. Achieving outstanding customer service is atop priority as we become a result oriented government—forward thinking, responsive, and accountable to our citizens. Your commitment enables us to achieve our mission of'Providing excellent public service and safety to,all who live, work, and play in our vibrant, tropical, historic community.' • Thanks for your dedication and enthusiasm —you are what make this City great. Sincerely, J rg M. Gonzalez City Manager • C: Kevin Smith • Dr.,Leslie Rosenfeld • We are commited to providing exellent public service and safety to all whP21iye,work,and play in our vibrant tropical historic community . ' MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Jorge M. Gonzalez,City Manager Tel:305-673-7010, Fax:305-673-7782 January 17, 2012 Dear Steve Ferrel: Congratulations! You provided excellent customer service during quarter one (October-December 2011) when recently 'shopped' by the City's Service Shopper Program. Achieving outstanding customer service is a top priority as we become a results oriented government—forward thinking, responsive, and accountable to our citizens. Your commitment enables us to achieve our mission of'Providing excellent public service and safety to all who live,, work, and play in our vibrant, tropical, historic community.' Thanks for your dedication and enthusiasm —you are what make this City great. - Sincerely, o e M. Gonzalez • Manager C: Kevin Smith Dr. Leslie Rosenfeld We are commited to providing exellent public service and safety to all wh$22e,work,and play in our vibrant tropical historic community • • MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Jorge M.Gonzalez, City Manager Tel:305-673-7010, Fax:305-673-7782 January 17, 2012 Dear Jeff Hunt: Congratulations! You provided excellent customer service during quarter one (October-December 2011) when recently 'shopped' by the City's Service Shopper Program. Achieving outstanding customer service is a top priority as we become a results oriented government—forward thinking, responsive, and accountable to our citizens. Your commitment enables us to achieve our mission of'Providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.' Thanks for your dedication and enthusiasm —you are what make‘this City great. Sincerely, • Jo M. Gonzalez City Manager c: Kevin Smith Dr. Leslie Rosenfeld • We are commited to providing exellent public service and safety to all who' e,work,and play in our vibrant tropical historic community 4.� MIA/v\IBEACH ' City of Miami Peach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov • Jorge M. Gonzalez, City Manager Tel: 305.673-7010, Fax:305-673-7782 October 12, 2011 Dear Mark Zachary: Congratulations! You provided excellent customer service during quarter four (July- September 2011) when recently 'shopped' by the City's Service Shopper Program. Achieving outstanding customer service is a top priority as we become a results • oriented government.—forward thinking, responsive, and accountable to our citizens. • Your commitment enables us to achieve our mission of 'Providing excellent public service and safety to all who live, work, and play\in our vibrant, tropical, historic community.' Thanks for your dedication and enthusiasm —you are what make this City great. Sincerely, 110 Jt. a_ M. -: Jim M • From: Alberto Pozzi <apozzi@miamishoresgolf.com> • Sent: Monday,October 03,2011 5:27 PM To: 'Andy Forbes';jim nourse';'Steve Farrell' Subject: FW:NORMANDY Steve, Jim, Andy Pass these comments on to all staff. Kudos to all hi! Thanks, Alberto From: Frank Gil [mailto:fgil@a dgaig.com] Sent: Monday, October 03, 2011 4:53 PM To: ALBERTO POZZI Subject: NORMANDY Alberto: We played Normandy last Saturday, and even that the course was wet, the fairways and the greens were in excellent condition. The service at check-in and at the starter was very good, and we started on time. During the game I saw a ranger several times, and that is always good. We had lunch, at let me tell you the Hamburger was great, the only think better than the lunch was the service from Kerrie. She was extremely good and pleasant. Congratulations on a great organization. L ' 1 And-let me thank you again for obtaining the starting times for us. Un abrazo, Frank Gil Gil, Garden,Avetrani Insurance Group 10689 N Kendall Drive.Suite 208 Miami, Florida 33176 Office: 305-630-4777 Direct: 305-630-4747 Fax: 305-279-3022 fgil@ggaig.com • I m N 2 Jeff Hunt From: Steve Farrell[stevef@miamibeachgolfclub.com] • Sent: Monday, February 13,2012 10:17 AM To: 'Jeff Hunt' Subject: FW: Outstanding Course From:jim french [mailto:jim5512@hotmail.com] Sent: Saturday, April 02, 2011 7:32 PM To: stevef@miamibeachgolfclub.com Subject Outstanding Course Hello I recently visited Miami Beach and had the opportunity to play both Miami Beach Golf course and your sister course at Normandy Shores. I wish to thank you for an awesome two days of golf. Both courses were spectacular. The service was second to none. I cannot pinpoint one particular aspect of the dub that I enjoyed over another. The reception was very professional, both at the Pro Shop and throughout our 18 glorious holes. My hat goes off to your Superintendent and the grounds keepers. A very clean and well laid out venue for a beautiful day on the links. Thank you again. Ora French Stjl hn °s, N1L, Canada • 1 130 'Jeff Hunt From: Steve Farrell[stevef@miamibeachgolfclub.com] Sent: Monday, February 13, 2012 10:18 AM To: 'Jeff Hunt' Subject: FW:Thanks and personal testimonial. • importance: High 1 ' From:jo-anne.foley@bt.com [mailto:jo-anne.foley@bt.com] Sent: Monday, October 11, 2010 7:20 PM To: Stevef@miamibeachgolfclub.com Subject: Thanks and personal testimonial. ]Importance: High Hi Steve, As per my tele message to Mark of today 11.10'10 I have sent you a letter of thanks for use of the course and facilities last week. And $50 dollars as a contribution for equipm'for your kids day on 29.10 at the club. Good luck with that. Can I provide a visitor's testimonial that you might use on website or in the future. It is:- 'If you are a visitor to Miami or the area and are a proficient golfer, play at Miami Beach. I played here twice in Oct 2010 and wish I could play here again, tomorrow.The course is first class, the club is extremely friendly-you will rarely have a better day's golf' Hope this helps, Rgds Andrew Robson/ The Lord Fenham. House of Lords London. Jo-Anne Foley I Local & Devolved Government I BT Global Services I Tel:+44(0)131 300 7104 I Mob:+44 (0)7918 080094 I E: lo-anne.folev( bt.com I www.bt.com/cilobalservices 1 131 l�•.3 MIAMBACH City of MVtimmi Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Jorge M. Gonzalez, City Manager • Tel:305-673-7010, Fox:305-673-7782 • September 30, 2010 Dear Steve Farell: Congratulations! You provided excellent customer service during quarter three (April-June 2010) when recently 'shopped' by the City's Service Shopper Program. Achieving outstanding customer service is a top priority as we become a results oriented government-forward thinking, responsive, and accountable to our citizens. Your commitment enables us to achieve our mission of 'Providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.' Thanks for your dedication and enthusiasm — you are what make this City great. Sincerely, C Jo onzafez City Manager c: Kevin Smith, Parks & Recreation Director Dr. Leslie Rosenfeld, Organizational Development Personnel Director • • We ore committed to providing excellent public service and safely In who live,work,and play in our vibrant,tropical,historic community. ek- MAMBEACH - City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeachfl.gov Jorge M. Gonzalez, City Manager Tel:305-673-7010, Fax:305-673-7782 TO: Steve Farrell, Staff(Normandy Shores Golf Course) FROM: Jorge M. Gonzalez, City Manager DATE: July 20, 2010 SUBJECT: Thank You ' Dear Mr. Farrell: I want to thank you for providing excellent customer service when you were 'shopped' by the City's"Service Shopper Program". Achieving outstanding customer service is a top priority as we continue to become a results oriented government, and a government that is forward • thinking, responsive, and accountable to our citizens. Your commitment enables us to achieve our mission of'Providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.' Thanks for your dedication and enthusiasm, and keep up the good work! Sincerely, Jor.- M. Gonzalez City Manager JMG/LDR c: Parks & Recreation Director Dr. Leslie Rosenfeld, Organizational Development Personnel file We are commuted to providing excellent public service and safety tot J who live,work,and play in our vibrant,tropical,historic community. ft./d41,`:,CY 4 1p dY'�r c o / I • 'QkrAtit€dtv South Florida Section • Jeffrey Reimer,,PGA President Steve Cox,PGA July 8, 2010 Vice President Mr. Steve Farrell,PGA Brian Peaper,PGA Miami Beach Golf Club Secretary 2301 Alton Rd. Jim Kurtzeborn,PGA • Miami Beach, FL 33140 Honorary President Dear Steve: Patrick O'Brien,PGA Dir.Southern Chapter On behalf of the South Florida Section PGA,we extend our sincere thanks Rick Heard,PGA to you,the membership and staff of Miami Beach Golf Club for hosting Dir Southeast Chapter the South Florida PGA Pro-Pro Championship last week. The success of this event would not have been possible without your premier facility, Tom Metzger,PGA great golf course and tremendous staff. Dir Southwest Chapter The tournament was a huge success, due in large parf to the great staff that Aaron West,PGA • you have assembled at your club. Please extend our appreciation to Shane Dir.Island Chapter Keenan and Michael Boocksfor all their hard work assisting with the ,event. Rick Reeves should also be commended for the condition of the golf course. We heard nothing but positive feedback from the players all Advisory Board week. Also,please convey our appreciation to Jim Nourse for assisting us Craig A Perna with the"Beverage Oasis" and lunch for the tournament committee. It Dean Baker ,Ed D'Alessandro,PGA was a pleasure to work with you and the staff at Miami Beach Golf Club Jim Maitland Cad McAtoose and-we look forward to the opportunityin returning for future Section Jim O'Connor activity. Harry Tempkins Roger Woonton Sin.cerely, Kevin J.Marrone Executive Director Geoff Lofsteal Andrew Miller Executive Director Tournament Director South Florida Section PGA South Florida Section PGA glofstead@pgahq.corn amiller@pgahq.com 10045 Old Club Road I Parkland,FL 33076 T:(954)752-9299 I F:(954)752-9659 I sflorida,pga.com 134 Jeff[Hung From: Steve Farrell [stevef@miamibeachgolfclub.com] Sent: Monday, February 13, 2012 10:18 AM To: 'Jeff Hunt' Subject: FW: Thank you for Miami NIGP From: Joe Gill [mailto:jgill@thegolfconsultancy.com] Sent: Monday, June 28, 2010 11:08 AM To: Steve Farrell Subject: FW: Thank you for Miami NIGP Steve: I got a failure notice on the CC to Alberto.I must have his email address incorrect.Iiindly,advise what his correct email address is so I can forward this. Thanks, Joe From: Joe Gill [mailto:jgill@thegolfconsultancy.com] Sent: Monday,June 28, 2010 10:59 AM To: 'andyf@normandyshoresgolfclub.com'; Steve Farrell; Jim Nourse (jimn@miamibeachgolfclub.com) Cc: Alberto Pozzi (albertop@miamibeachgolfclub.com) Subject: Thank you for Miami NIGP Dear gents: Hats off to you for a great day Saturday. Jim,Yves did a super job and the food and beverage was wonderful. Andy,you and your team did great work.Especially the bag staff that managed the numerous pairings changes without a blink.It was impressive.Please be sure their efforts are commended. Steve,as always thank you! Best regards, Joe Joseph M.Gill,CGTC Managing Partner The Golf Consultancy 305-592-8264-Tel 305-392-6658-Fax 305-632-3569-Mobile jgill(�thegolfconsultancy.com President,South Florida Chapter • Advisory Board Member Golf Tournament Association of America www,gtaaweb,org 1 135 Jeff Hunt From: Steve Farrell [stevef@miamibeachgolfclub.com] Sent: Monday, February 13, 2012 10:06 AM To: 'Jeff Hunt' Subject: FW: Club Championship: Big Thank You From: Guy White [mailto:gwhite99@gmail.com] Sent: Monday, March 22, 2010 10:41 AM To: Stevef@miamibeachgolfclub.com Subject: Club Championship: Big Thank You Dear Steve, Many, many thanks to you and your teams both in the clubhouse and on the course for organizing a wonderful event this last weekend. I think we all appreciated the extra efforts that went into getting things perfect for the event. All the little details made for a wonderful Club Championship. Thank you, thank you. Please also pass on our gratitude to Rick and the grounds staff. Everyone did a fantastic job and it was,a lot of fun as a result. Very gratefully, Guy White(a.k.a. Chico Blanco) ,;:tke thiine'a a avant. Lays • • 1 136 NWratg + 1 . a a . , ".. .. March 11, 2010 Jackie Ryden Steve Farrell Miami Beach Golf Club 2301 Alton Road Miami, FL 33140 Dear Jackie& Steve: Qn behalf of the entire SportsMark&CBS team,we would like to extend a genuine thank you for a job well done. Thank you for making this experience so much fun and memorable. The CBS Super Bowl program was a huge success and this would not have been accomplished without you and your team from Miami Beach Golf Club. The guests loved playing the course and it was so convenient for our group to play at a course so close to the Loews Hotel. Your staff did a fantastic job getting our group organized for the tournament and everyone came back to the hotel with big smiles on their faces. Your overall professional and positive personality was a huge asset to the overall planning and program experience. • Congratulations to you and your team on making this program a huge success. We will certainly look to Miami Beach Golf Club for any future golf tournament needs we have in Miami Beach. Best regards, Karen Chapman Frith Senior Account Director, SportsMark Management Group, Ltd. Molly Suggs , Account Manager, SportsMark Management Group, Ltd. 137 0 SPORTSMARK Jeff Hunt From: Steve Farrell [stevef@miamibeachgolfclub.com] Sent: Monday, February 13, 2012 9:45 AM To: 'Jeff Hunt' Subject: FW: Thanks very much • From: Alberto Pozzi [mailto:apozzi@miamishoresgolf.com] Sent: Tuesday, January 26, 2010 12:22 PM To: 'Steve Farrell' Cc: 'Smith, Kevin' Subject: RE: Thanks very much Steve, Please share with all staff members. Good work. Alberto From: Steve Farrell [mailto:stevef@miamibeachgolfdub.com] Sent:Tuesday,January 26, 2010 10:44 AM To: 'Alberto Pozzi' • Subject: FW: Thanks very much Nice email.! from: Cera,Thomas [mailto:Thomas.Cera@rbccm.com] Sent:Tuesday, January 26, 2010 9:58 AM To: Steve Farrell Subject: Thanks very much Steve, Thank you very much for accomodating my brother-in-law and his friend at the course yesterday. I really appreciate all you do to make my membership at Miami Beach Golf Club very worthwhile. You set the tone right from the top for a truly friendly and positive staff. Gary Kirtman, Evilio Chang, Julio,Leo Infante, Mark Sutherland, Shane, Andrew, Sam, Jose Niz, Mark Zachary, et al. Those guys are all extremely cordial and do a fantastic job in their service to the members. You and they area primary reason that I continue to renew my membership each year. The course is in fantastic shape, and I'm really enjoying it this year. Thanks again for a great job! Best Regards, Tom Cera This E-Mail (including any attachments) may contain privileged or confidential information. It is intended only for the addressee(s) indicated above. The sender does not waive any of its rights, privileges or other protections respecting, this information. 1 138 • Ernest ogen 5055 Collins Avenue Apartment. 12 J/K • Miami Beach, Florida 33140 Ijdif-A'K/ . 772/12 CA-jQ-611/7 - d t't,'"e4t'el)"--‘ jq- "Telr-gl" ez-e "621`Viii 1 • 7A-e -r6z- -17441/451 , 714P-4- /L.'2-*/ rA1( IL-0-4-e)t-7-4)(-C o 139 • • Page 1 of 5 Jackie From: Jay Coleman(Jay.Coleman©ergon.comj Serot: Thursday, October 15,2009 4:02 PM To: Jackie . Subject: RE: Food and Beverage Jackie, • I would like to thank to staff a Miami Beach Golf Club for making the Ergon/ILMA Golf outing a successful event this past Sunday. Everyone was most accommodating and a joy to work with. I understand we have a refund due from the prepaid amount, and I would like to ask that you mail that to: ERGON INC PO BOX 1639 Jackson, MS 39215 Thank you again, Jay • • 140 dd Atigez l;1 i*,,, ,„ ,, ,, .., i,, ., : .„ , , , , ,, r.( ;i '" :4i 4 • ( National Association of Chemical Distributors - '`riot • • ,:r1 ji,fiY:il .1 . I +fit I • . • i ter' I ,a••,,t ' • • . i , .. t � •i • :ts; t ski • • I . 1 0/ ...._ • . 1 I / 2_, , 0,y.,cyezad,dizek.A.._ i Aztai, ,,,IJ „to_a _. i • if, ///Vets - : i' - 4 -- .A/Z4121&(7412% �rr%� six / . C),///141.41,21mitj abezira ti Aa.,...../2#e _jot, a -,71)(A 4 ita4d.G) L; Jackie From: TPortner@Loewshotels.com Sent: Tuesday, December 09, 2008 2:11 PM" • To: jackier@miamibeachgolfclub.com Subject: GOLF email below Wanted you to know that you were influential in getting this program booked at Loews Miami Beach Hotel. Thanks for all your efforts. Regards, Tina S. Portner Director of National Accounts, N.E. Loews Miami Beach Hotel 1601 Collins Avenue Miami Beach, FL 33139 305-604-3914 - ph 305-804-1004 - mobile 305-604-5730 - fax tportner@loewshotels.com Forwarded by Tina Portner/Loews Hotels/MLBA on 12/09/2008 02:05 PM "Miller, Kevin" ' <Kevin.Miller@MIL LERPIPELINE_com> To <tportner@loewshotels.com> 12/08/2008 12:49 cc PM Subject • Tina, Based on my experience as an avid golfer, I don't see a problem at all with having a convention at the Loews, even though there isn't a golf course on site. Our tour of the area had us playing golf at 3 resorts with courses on site (Boca Raton, Doral, and PGA) and my preference would still be the Loews, as the Miami Beach course is so close (5 minutes by cab)'. The Miami Beach course is as good as either Doral or PGA, and better than the Boca course. The rates, even in peak time, are 50% cheaper and the environment is much better....surround by the sights of the big city. The staff was excellent, the club pro very knowledgeable and they are very willing to put on a great outing for" our event. Kevin Miller E-MAIL CONFIDENTIALITY NOTICE: This e-mail message is intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient, or this e-mail was addressed to you in error, you should delete this e-mail message and any attachments, and you are notified that disclosing,copying, distributing or taking action in reliance on the contents of this information is strictly prohibited_ 1421 IMI i; ! �"s 40.. i �.-r( , u it s it . ( ' The Positive Place For Kids Since 1940 EXECUTIVE COMMITTEE James T.Bernhardt-President October 22, 2008 Olga Guilarte-Vice President ' Bertha Hamilton-Secretary Lany Rentz-Treasurer • • Richard M.Sepler-Counsel • BenignoAguirre Mr.Johnny LaPonzina Peter I.Bermont Miami Beach Golf Club Charles H.Gray Shawn Khosravi 2301 Alton Road Robert M.Kramer Miami Beach,FL 33140 Gustavo I.Lopez Raul Marrnol Randall McKey Eric Poms lGp Rabin Dear Mr. LaPonzina, C.Fred Rebozo • Marc D.Samoif Barry Stein On behalf of Boys&Girls Clubs of Miami-Dade and our golf players,we would F.%ECUT VE DIRECTOR like to thank you for providing us such great customer service.I thought you should Alex Rodriguez-Roig know that Randy and Jim went the extra mile,making sure our Bebe Rebozo DIRECTOR OF OPERATIONS Memorial Golf Classic was a success. Raquel Fernandez - DIRECTOR OF GRANTS DEVELOPMENT Our sponsors and players are very happy we held this tournament here for a second Francisco J.Saavedra year in a row.I want you to know that everyone was very satisfied with the buffet DIRECTOR OF SPECIAL EVENTS and the selections and your service staff was excellent.I would definitely AND DEVELOPMENT recommend Miami Beach Golf Club to others,thank you. Mayra Gonzalez Rey • • COMPTROLLER ,Sincerel Thomas M.Winston,Jr. y DIRECTOR OF PROGRAM SERVICES Stacey Burger Masucci DIRECTORS !�T/ Roger N.Arsham Alex Rodriguez-Roig Richard Baker Executive Director Alan S.Berg Matt Bernhardt Thomas J.Bezold Cc:Randy Weber Michael A.Cabanas Jim Nourse Gary Curry Joe L Fernandez Edward J.Gilhuly Richard Gonzalez A R/ys . Clint Gulley Erasmo A.Guilarte Louis Jolivert Syd Josepher Boys&Girls Clubs of Miami-Dade Inc.is a.501(c)(3)non-profit organization registered by the Florida Donald H.Krasner • Department of Agriculture and Consumer Services.Our tax identification number is 590879227. Thom Lehman Howard Master John McQuagge Nancy J.Olson Robert L Parks Frank Poe Wendy Poe Whitmire Domenico Rebuild Alex"A-Rod"Rodriguez Robert Schwartz • • . . Joseph Traba • 0 0 Joseph Wieselberg •• • • Warren Zimmerman . . . ' ' J 0 . EMERITUS ' Edward R.Hanson ! William O.Yates UNITED SWAY OF DAOF COUNTY P.O. Box 330219 • Miami, Florida 33233-g4i9 • Phone (305)446-9910 •Fax (305)446-2393 www.bgcmia.org • EIN 59-0879227 Page 1 of 1 Great Lunch • Jackie • From: Steward, Gregg [Gregg.Steward@miami.ddb.com] Sent: Thursday, June 05, 2008 8:46 AM • To: jackier@miamibeachgolfclub.com Subject: Great Lunch Jackie, • Just wanted to let you know your advertising worked(at least for two people.) My partner and I had lunch at the Club on Tuesday. We're both golfers and were expecting a typical clubhouse fare. Needless to say,you went beyond our expectations. (The Clam Chowder was well recommended.)Normally I wouldn't take the time to email an advertiser,but in addition to being a golfer, I'm in advertising—so I realize the kind of budget you must be dealing with. Well if it worked for us,it • must be working for others. • C.ongrats, • Gregg • • Gregg Steward Senior Vice President Executive Creative Director • DDB Miami a � • • • • • • • • • • • • • • • • • 144 • 6/5/200R Page 1 of 1 jom • From: Joe Gill[jgill©thegolfconsultancy.com] Sent:. Wednesday, December 12, 2007 12:01 PM • To: Jim Nourse Cc: Randy Weber Subject: Premios Golf Jim: • A brief note of thanks to you and your staff for a great job yesterday. The set up was perfect and the F&B.exactly as promised. You have a great team, from the inside service staff to the beverage cart attendants. • Thank you for delivering a first class experience for the folks at Premios. Best regards, Joe Joseph M.Gill Managing Partner . The Golf Consultancy 305-592-8264-Tel 305-392-6658-Fax 305-632-3569-Mobile • • • 145 12/12/2007 jinn From: sgoldcom@att.net Sent: Wednesday, November 21, 2007 8:37 AM To: jimn@miamibeachgolfclub.com Cc: kevinsmith@miamibeachfl.gov Subject: thank you Dear Jim, Thank you for showing me and other MB High School alums the facility. The,food, ambiance and cost are more than competitive. The service was excellent and you were a most gracious host. We were very impressed and definitely would have booked our reunion at the club if the numbers could have been accommodated inside. I will keep it in mind for other events. Sincerely, Sheryl Gold • • • . 146 1 Page l of 1 • jim From: jim [jimn@miamibeachgolfclub.com] • Sent: Monday, August 13, 2007 5:40 PM To: 'Jackie' Subject: FW:Alana's birthday party 8/10 From: Diaz, Ana M [mailto:adiaz@miami.edu] Sent: Monday, August 13, 2007 3:28 PM To:jim Cc:jackier@miamibeachgolfclub.com; GEMPAVERSJF©aol.com Subject: Alana's birthday party Hi Jim, I wanted to take a moment and thank you for the wonderful event you coordinated for us.last Friday. Not only was the food and presentation spectacular, but your staff has to be the nicest I've ever worked with. They were patient and attentive, and made us feel right at home. Fun was had by ALL! Having lived within a.1 mile radius of the Club for the last 20 years, I'm thrilled to have discovered this little gem right in our backyard. I hope to celebrate many more occasions with you and your great staff. Our best regards, Ana and Jorge Fernandez 1065 West 46th St Miami Beach, Fl 33140 • 147 5/15/2008 • Ai* r1, 1 . , r : I...... , City of Miami Beach, 1700 Convention Center Drive,Miomi Beoch,Florida 33139,www.miomibeochfl.gov Jorge M. Gonzalez, City Manager • Tel: 305-673.7010, Fax: 305-673-7782 • May 16, 2007 ' Ms. Lizette Lopez • • 5042 Alton Road Miami Beach, Florida 33 40 Dear Ms open Thank you_foryour recent letter commending Jim Nourse,Ives St: Fort,Tony Calderon, Victoria Calderon and Chef Terry of the of the Miami Beach Golf Club. . Your ' compliments and thoughts are sincerely appreciated. • The courteous and efficient manner in which you were assisted will be called to their• attention, and a copy of your letter will be given to them. We are always pleased to hear when our employees have performed in an exemplary manner. A letter such as yours is reassurance that our service's are rendered in a professional manner, and that we are fulfilling our commitment to the visitors and citizens of our community. • May I also,take this opportunity to congratulate you on your daughter's First Holy Communion. Sincerely, J ge M. G nzalez City;Manager i JMG:pw • C: Jim Nourse Ives St. Fort Tony Calderon Victoria Calderon Chef Tony . (Kevin Smith, Parks and Recreation Director • • . f:/cmgr/Sall/jorgegon/letters/complimentary letter from Lizette Lopez 148 V ::r.. .,...,r., ,.,t.: :y;r.:- .. .. .r:., :a .•P • ... ,,. i. .. May 11,2007 Mr. Jorge Gonzalez City Manager 1700 Convention Center Drive Miami Beach,Fl 33139 • Dear Mr.Gonzalez, . It is with utmost pleasure that I write to you once again. On May 5,2007 we celebrated our daughter Francesca's First Holy Communion. The reception was held at Miami Beach Golf Club. I can't express enough to you how grateful I was that the event was able to take place there. From the first contact withrMr.Jim Nourse to the end of the event, everyone involved was extremely courteous and professional. They couldn't do enough to make everything, I mean everything,go just right. To making the room available Friday night for set up. (after a large event that ended around 9pm) to decorating my party favor table. Please let Mr.Jim Nourse,Ives St. Fort, Tony Calderon,Victoria Calderon, and Chef • Terry, know how appreciative I am of their efforts. They ALL went beyond the call of duty. Sincerely your, ,7 `1� _ :, �./ �.-��►� Lizette Lopez • 5042 Alton Road . Miami Beach, Fl 33140 cc: Mr. Kevin Smith Parks and Recreation Director • 149 . . . . . ; . , . . . . . . /. / , . . . , , ) . .. , . , . . Tor a c)2*-t p-cA vh Lzir--R Cecirr, 1 v A-7 -flAQ , fl\wnk T .-er-t-‘'Th hot-C- 0o b . --(U ta efic ClAy-N27-) 50 -6,c_Qss 4E-_,-)J- in 1- 4/ je_ ' 3 In-\ noots.e . 0.,IT\ (....ii s ic-vnt\a-- --in , IA-Le (-A- S fpro- es )C3/1S-Q rt-ri e , • -1-1A_R A-cct (,Lizsaff-Na-1--)I,s. c --rltC) , • 0-.)Q\ fW -CCI CI— rW— D)il. la2 5Es 7.{._M . . . , 150 . , -- —___--.-- , - -� 001 t %‘. p - .2 _ T- z 2 _c) g N 7 T V r. Jim M From: Walters,Pauline<PaulineWalters@miamibeachfl.gov> Sent: Tuesday,April 24,2007 3:02 PM To: jim Subject: Thank you Attachments: image001 jpg Hi Jim: You and your team did a splendid job. Lunch was great and the service outstanding. Please express our appreciation to all. Have a great day and see you in the future. Pauline N U) M IAMI EAS'• Pauline T.Walters Administrative Assistant to the City Manager OFFICE OF THE CITY MANAGER 1700 Convention Center Drive,Miami Beach,FL 33139 Tel:305-673-7010 I Fax:305-673-7782 /www.miamibeachfl.qov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. • 1 • E9 l• • • c, ' • fill.:•' crVI , ii' _ . ., �' " G. 411 , , itc1 -c-c\ fq-kocx\ -krzr\s-\-\- % . k - ^. ` ' III; - � (% 4 PwriA Ts .C.1.7.C."Itc- t." ) r --- k.1 V\I\ • ,, 0' • • . igag di. Pia ,x(Ig_____„ (ra , ...3. . 70,1) ...,,..... , r_„...,c_ t_. ., , �, , r. • — -a-c��} . t 411- 11 , li '�, . E.... tia� ��� ' ''Iff? . EfirgLL.gg Mit'arkitkg • . • Shelli Gold Operations Manager 3111 N.Andrews Ave. ' Suite 3 createabilities Fort Lauderdale, - Florida 33309 954.568.5200 954.568.5875 fax shelli@createabilities.com • • T)- -'7:1Km6k_f/DO. tc-; 04- Lit K- (71 C1 . 007 • • --171-A .1).?v-Pc.;1 ot f-- II ôL.1\3 p C%C' CtL bek-mc_j-211----Lo ot -\ t_r .10(:3c5 G-t • • • • 154 • . Page l of • Randy Weber From:- Steve Forrest[SPForrest@arthurhills.com] Sent: Friday, March 09, 2007 5:00 PM To: randyw@miamibeachgolfclub.com Subject: Thank You• • Dear Randy: Thank you for your many complimentary comments during my recent visit to Miami Beach Golf Club with our clients from Germany: • The course was in excellent condition. Of the seven courses that we played during the Week, the German superintendent said that your greens were the best. That means that you even beat out Riviera Country Club in California, and they had just hosted the Tour: Keep up the great work! . • Sincerely, • • • Steve Forrest,ASGCA . Arthur Hills/Steve Forrest and Associates . • • • 155 Page 1 of 1 • nourse .From: "Argos, Benita" <BenitaArgos@miamibeachfl.gov> To: "jim nourse" <jimn@miamibeachgolfclub.com> Sent: Monday, December 18, 2006 3:46 PM Subject: RE: lunch JIM: ON BEHALF OF THE CITY OF MIAMI BEACH BUILDING DEPARTMENT, I WOULD LIKE TO THANK YOU AND YOUR STAFF FOR A VERY DELICIOUS HOLIDAY LUNCH SERVED BY A VERY COMPETENT WAIT STAFF. • EVERYONE ENJOYED THEMSELVES AND THERE WAS NOT ONE COMPLAINT OR BAD WORD SAID. SOME TIME IN THE FUTURE, WE WILL DO IT AGAIN. THANK YOU AGAIN. BENITA ARGOS. MIAMI REACH Benita Argos, Office Associate IV BUILDING DEPARTMENT 1700 Convention Center Drive,2nd Floor,Miami Beach,FL 33139 Tel:305-673-7000 ext.6701 /Fax:305-673-7857 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. • • • From:jim nourse [mailto:jimn@miamibeachgolfclub.com] • • Sent: Wednesday, December 06, 2006 11:20 AM' • •To: Argos, Benita Subject: lunch • • • • • need the final count byl 5th I hope too see you soon .: thanks • Jim Nourse Food and Beverage Director •• Miami Beach Golf Club • 305-604-4057fax 305-532-3840 • 2301 Alton Rd Miami Beach, Fl. 33140 • • • 156 dim nourse From: "Drexler, Arlene" <arlene.drexler@akerman.com> To: "jim nourse" <jimn@miamibeachgolfclub.com> Sent: Monday, December 18, 2006 1:17 PM Subject: Thank you. Jim, I just wanted to thank you for an incredible evening. You and your staff were just wonderful. In my capacity as administrator for Akerman Senterfitt(we have over 350 employees in Miami alone), I plan a lot of parties. I've dealt with the Biltmore,just did a party at the new Carnival Center for the Performing Arts and other very high end facilities. I think you and your staff are the best I've worked with. The food was far and above better than any other facility I've dealt with (and the Performing Arts uses the same caterer as Lincoln Center in New York). Everyone on your staff was friendly and attentive. Other than the leaky outside roof, the venue was terrific! Thanks again and I look forward to seeing you at more parties! Arlene Drexler • Office Administrator • Akerman Senterfitt One S.E. Third Avenue Miami,Florida 33131 Direct Dial:305-982-5650 • • Tel_: 305-374-5600 • Fax: 305-374-5095 email: arlene.drexler@akerman.com • • • . I i • www.akerman.com CONFIDENTIALITY NOTE:The information contained in this transmission may be privileged and confidential information,and is intended only for the use of the individual or entity named above.lithe reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this transmission in error,please immediately reply to the sender that you have received this communication in error and then delete it.Thank you. • CIRCULAR 230 NOTICE:To comply with U.S.Treasury Department and IRS regulations,we are required to advise you that,unless expressly stated otherwise,any U.S.federal tax advice contained in this e-mail,including attachments to this e-mail,is not intended or written to be used,and cannot be used,by any person for the purpose of(i)avoiding penalties under the U.S.Internal Revenue Code,or(ii)promoting,marketing or recommending to another parry any transaction or matter addressed in this e-mail or attachment, • From: jim nourse [mailto:jimn@miamibeachgolfclub.com] Sent: Saturday, October 21, 2006 1:28 PM To: Drexler,Arlene Subject: menu and contract • Arlene, I made some small changes to the menu, I put in the grilled vegetable Platter and took out the steamed vegetables. it is much nicer. I also took out the tortellini salad and replaced it with Tomato Caprese salad . Let me know if this works foryou. Jim Nourse • 157 c rt 0r-tn11.7 • T 1.1 is P I: C) F .i S 1 0 N A 1. t.i C) I. is)r Il A s ti0 C I A .I' I (') N l' F A NI li I; I t'. .2101-io,%. a o: 3, 6(1' ,In {� Ei PGA � �� SOUTH FLORIDA, `G ''' SECTION MaA. • y 24,2006 10804 West Sample Road Coral Springs, FL 33065. • (954)752-9299 Mr. Randy Weber,PGA • FAX:(954)752-9659 , • sflorida.pga.com Miami Beach Golf Club • 2301 Alton Road ' Miami Beach,'FL 33139 • • Dear Randy: Jint Kurtzeborn President Jeffrey Rainaer Vice:President - On behalf of the South Florida Section PGA,we extend our thanks to you and the stc,e cox entire staff of Miami Beach Golf Club for making the recent Scratch Pro-Am Secretary / such a great event.,The entire experience was really a treat,and you should both be proud of your golf course and the entire operation. • 'Tom Wildenha us loin.Past President ' • • Every aspect was handled with the utmost professionalism, and this is something • • mark Zachary 'that has been echoed•by the players. Thank you for marking the hazards and • Dir. Southern chapter handling all of our on site needs so capably. Please pass along our sentiments to • • Rick Heard the golf,restaurant,and Maintenance staff. You all make our job very easy and Dir. Southeast Chapter • enjoyable! It was great to spend a few days down in exciting South Beach. •'rim Fredeen • Dir.Southwest Chapter. We look forward to returning to Miami Beach Golf Club for future events and we thank you for your support of this event. We hope to you at more Section events Seth Bull Dir. Island Chapter this summer. Welcome to South Florida! . • Kevin J. Marrone Best regards, Executive Director Advisory Board ,...,/,W. .,.. ,,.....-y Dean Baker Kevin J.Marrone Westley Weidenmiller Bub Crrrone Executive Director Tournament Director Ed D'Alessandro South Florida Section PGA South Florida Section PGA Jim Nlaitland Charles Nelson Jim O'Connor Craig A. Perna flim•Tempkins CO: John Laponzina, PGA Roger uiaonton • • Making your•t.ollf game better Making g /of a' better same 158 1 . ,f,.........,:. • . .„0„. . .,i, „,,,,. i „ r\ f ,,,„ ,,, , i . , Gary /Player . . GROUP • 1 1 P,.(,,, - . , . L. . 1 C�s.LL -.....k.k-k.... CU-A-Ck t-)j-Lj ! 3/.4 c),\Nici,,, C- CI,...5,._.)•- • Ul. CA_ 1 ci j3_ki,jic — ...),-)9, LA..)--t!_‘.\-‘2,C.3.. 9-K-L-3-k-- t•--- , CL. .,o C'''k- t r\.)s-- C;. . , , rte :.:. • • C:),,•- xl_C9,. G -v k cu- fix” . C:\--(--)-U--i-g-Ck.-\ (yu..clu_. 159 • • • • Jeff Hunt Subject: FW:Gary Player Invitational ----Original Message , From: Debbie Longenecker To: randyw©miamibeachgolfclub.com ; iimn(cx�miamibeachgolfclub.com ; Jackie Ryden Sent:Thursday, March 09, 2006 11:13 AM Subject: THANK YOU.... Randy, Jim and Jackie, Just a quick note to say thank you to you and your staff for all of your assistance the past few days with helping to make•this year's Gary Player Invitational a success. Everyone had rave reviews about the course and especially the food!!! You added so much to the event to make this our 10th year a great one! We hope to see you again sometime in the future and look forward to possible future events. Kind regards, Debbie Longenecker Director of Administration Gary Player Group, Inc. 3930 RCA Boulevard, Suite 3001 Palm Beach Gardens, Florida 33410-4214 United States of America Tele#561 624 0300 Fax*561 624 0304 Email: debbie(a�garyplayer.com www.garyplayer.com 1 160 • Page•2 of 3 • From: jim nourse [mailto:jimn@miamibeachgolfdub.com] Sent: Thursday, March 09, 2006 12:03 PM To: Alberto Pozzi; Smith, Kevin Subject: Fw: THANK YOU....wow • Original Message • From: Debbie Lor►-genecker • To: randyw@miamibeachgolfclubcom ;jimn@miamibeachgolfclub.com ; Jackie Ryden Sent: Thursday, March 09, 2006 11:13 AM Subject:THANK YOU.... • Randy, Jim and Jackie, - _Just a quick note to say thank you to you and your staff for all of your assistance the past few • • days with helping to make this year's Gary Player Invitational a success. Everyone had rave reviews about the course and especially the food!!! - You added so much to the event to make this our 10th year a great one! • • 'We hope to see you again sometime in the future and look forward to possible future events. Kind regards, . • Debbie Longenecker Director of Administration Gary Player Group, Inc. .3930 RCA Boulevard, Suite 3001 • Palm Beach Gardens, Florida 33410-4214. United States of America • ' Tele#561 624 0300 • Fax#561 624 0304 • • Email: debbie@garyplayer.com www.garyplayer.com • • •This email is intended only for the above mentioned addressee/s. The contents of the email and any attached tiles are confidential and may be legally privileged. If you have received this email in error you must not copy,forward,disclose the information contained in it,or otherwise use it in any way. Please notify the sender immediately and then delete the email,and any attachments. • •.R. Duncan, PhD. urf Ecosystems, LLC. 110 Arroyo 1:oeme,TX 78006-5995 Cell phone: 678-481-0936 Email Fax: 210-568-6698 •dditional email address: cancan@Col lierinvestments.com duncanturf@hotmail.com — ------- 161 , __...----.— V('' • COCA acy,iA'r ,\, '\CiX\ ecu • ( eiveA3 .11kr\"rc). ClUA \-() MiK3SY 40 a k, post A\te 5`rn\1i4( 9 L&)AuN Uva ` eAx C you n V\ vp bit . srse 5redF— , Ardk *AIR. rAs E 50014_5 , k GaY A-PPRae r.4 F 'Li I 41t44 y A� ALL 0 F rpt. Asris,•I.A.z6 . (w- 4'- O _�Ou-.t $T4-FF Fie 44 0E . yDc� JQLW,,p(S 6.0 Aeo g E A-0 13 F Dm)tO / F ti`Su.+2 cnf c 5"Cci3 Ss Fr3a Oak E EN, rF you. 7En.Ft• up rns /1.itc.gcce Ttr-c. cot,avzs ytn Sao.J, Gry u-S h &fau-T /-0s0 w E t— 6''z40 ht Y 'i}taesrvs, .l os t agi$.�gat ws- - 1;' 7v 11 ?rr?zti r?itR F r#'a.`•;+ ads'1xW0..)1= iv %aiPkRota ''t � UL � j)kasI d\ILLL VD as\AA a clia: Lu6 Jovmt . . . ` . amp ek/LLVLLTI J/layi,\/-z. , 162 ���1c1 U \„ • • of ;'� `e 61/1414r ,• 3201 Glenwood Avenue, Suite 200 367 +° universal Rai eigh, North Carolina 27612 y` ,,.�°meeting • 919-846-1397 management,mc. Fax 919-896-1398 • • Dear Randy, 0 Thanks again for everything you and your team did to make the Voith Golf Tournament and Dinner a successful event./ The feedback was very.good and I .know.this program was a challenge for you at times. You constantly impressed me with your professional and courteous nature. 0 One last question...I hope. It is my understanding from my client that the group left the dinner event 1/2 hour early. They would like me to ask if they would be entitle to any reimbursement on their open bar which was scheduled until 10pm? Let me know! - Thanks again for all your hard work. I have recommended you highly to the Mandarin Oriental and my meeting management team here at Universal Meeting Management. ` •-•-'(- arra-Regards, / J T ,-1 11---7.4 �. Janice Hel •. , Project Manager • 163 Y�,'f�`rinh tisft i' f1' t?, , erga� VRT Enterprises,Inc. • `114."\ ff troy*,' I� � 4712 NW, 114th Avenue { l fl, ;tr({ Jjl.i!4� Unit#203 w h Kr f` � ?' Miami, Florida 3317841272 sj� , = Tel./FAX(786) 336-8219 `t ! ENTERPRISES a)+' Web: http://www.vrtenterprises.corn Friday, October 14, 2005 • (Miami Beach Golf Club Mr. Randy Weber 2301 Alton Road • Miami Beach, Florida 33140 • Dear Mr. Weber, I have received your letter offering the annual membership at the Miami Beach Golf Club. Although I am committed to becoming a member at your beautiful facility, due to my excessive winter work schedule this year, I must decline at this time. My company has picked up several contracts which require • my personal involvement outside the US, therefore, I will not be able to use a membership through,the winter months this_year. However, I do enjoy my • • experiences at your.club, the course, and your vibrant and professional•staff. Hence, althbugh I cannot join at this time, I do hope that you will keep my name active in the database. Where possible, I will join in on the activities atTny favorite golf club, and(certainly be back next summer. . . . • I also wish to take this opportunity to commend your staff on their performance. From the time I arrive to the time I leave the Miami Beach Golf Club, your professional, helpful and courteous staff provide the level of service and positive behavior that has a significant positive impact on my clients, as well as myself.. You should be very proud of your staff members, in particular, the staff in the pro shop and the food and beverage areas. Your team has always "gone the extra mile"to ensure that my experiences at your facility are "world- class". Specifically I wish to commend Andrew in the pro shop, and the entire staff of the restaurant/bar and beverage cart areas. I look forward to hearing from you about events throughout the winter months, and I will absolutely be back next summer. Sincerely, ay Callahan President & CEO VRT Enterprises, Inc. '164 7C1' • 1 ivy INTERNATIONAL GOLF MANAGEMENT March-25, 2005 Mr. Randy Weber • Director of Golf Miami Beach Golf Club • 2301 Alton Road Miami Beach FL 33140 Dear Randy: I would like to thank you and your entire staff for all help given out IBM group March 2- 15, 2005. You and your 'staff'helped make our event run as smooth as possible. The golf course was in great condition,and your greens superintendent should be congratulated. • As I mentioned to you Randy, IBM does survey all'the participants, that played your golf course, and it rated very high in all categories. I would also like to thank all your golf professionals, for helping with our golf schools. The pros are all very professional and most 1e1 fu Qµ atle.ndees p edhe schools immensely.immensely. I look forward to working with you in the future. If you ever need anything out here in the palm Desert area, and I can be of help,please do not hesitate to call me. All the Best Mike S r ith • 165 56-150 Pebble Beach. La Quinta ('Q 09O''l ou 17C/1% •--- - ;L‘nwtxlfl9nt,� 'py . II •�?d yr > 14 • �!`.t .1.. ?.a,y5},!pt• �/�F�e dti ',•;ytr :.n$'�i., 0 9; 'S�i /i; ' t' L. �L. g'�t v`MV t"- itt fSZ1r�S`I ('i �'" t&3 i di tr yt +t5 'y aVu *': �,V�i 1�N, l}.a] 7n77 11f1a,ri. ... s 7}153' SE{:ll ,3>t }'�l�itbt`l! s '�` ' t•'' /lit , �-1 ,,. V C 1' .11 � ,J 4<4 kM' ':S t Wtl fu 1.SnU 7.1� � tt,nV.1tf,'S.t1�l' ,. n 4%ati. 1Z����;✓A1•isA�4�S��L1.. i f a l Mechanical. Contractors Association of South Florida. r •10 o. sµ °� d } li1:� '.J' P{ 3 { /t,{jh ,D � HI ,!.1171 AyiuY1�•gi EaSsa5�WJ m1• oNn( air conditioning,refrigeration,heating and piping association,inc. • 3450 LAKESIDf'DRIVE•SUITE 110-M1DAMAR,FLORIDA 33027•(954)392-3976•FAX(954)392-391:7•DADE(305)651-7570 December 7, 2004b' Mr. Randy Weber •/ Director of Golf, Miami Bch G.C. • 2301 Alton Road • Miami Beach, FL 33140 . 0 Dear Randy: On behalf of the Board of Directors of the Mechanical Contractors Association of South Florida, we want to thank you and your staff for making our annual tournament an outrageous success. • The compliments still keep pouring in from all the players. Most have never seen such a smoothly run event. Some were just enamored with your course, but . all have said that ourstaff went out of their way to make us feel special. . . • We were not expecting such royal treatment,'but we sure relished it. Everything about the event.went perfectly, thanks to you and your staff. It was a real pleasure working with a professional organization like yours. It certainly made • our job much simpler! We cannot thank you enough for your help and support. Our decision about next year's event has already been made. As long as you and your staff are involved, all we need to know is, when can we do it? December 2, 2005 looks good to us. Let us know if that works for you. Thanks again for all your hard work and hospitality. You can be assured that we will be singing your praises for months to come. Please call us to confirm next years date! Sincerely, � )" \ FC Mark Kerney Ed Llosent Golf Committee Chairman President, MCASF 166 Cost Proposal APPENDIX E COST PROPOSAL FORM Failure to submit,Cost Proposal Form,in its entirety and fully executed by the deadline established for the receipt ofproposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms,conditions,specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices,delivery delays,taxes,insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance.The Cost Proposal Form shall be completed mechanically or,if manually,in ink.Cost Proposal Form completed in pencil shall be deemed non-responsive.All corrections on the Cost Proposal Form shall be initialed. (C) (A) (B) Monthly Tota Item Description Quantity U/M Cost I (A XB=C) Management Fee Monthly Rate(Inclusive 1 ofNormandyShoresGolfCourseand 12 Months $25.000.00 $300.000.00 Miami BeachGolf Course) (A) Annual Gross (B) (C) Revenue(for point Percentage of Total for point calculation purposes Grossrevenueto calculation only, this is not a City of Miami purposes only) guarantee or Beach (A XB= estimate as to the C) expected revenue) Item Description 2 PercentageofGross(PG)Revenuetothe $2,300,000.00 5 % $115.000.00 L Cityfor merchandise,food and beverage sales (ITEM 1 TOTAL)MINUS(ITEM 2 TOTAL)=GRAND TOTAL' *$185,000.00 *The Grand Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals. Bidder's Affirmation Company: Professional Course Management Authorized Representative: Johnny LaPonzina , Address: 10500 Taft Street,Pembroke Pines, L 33026 Telephone: 954.433.8800 Email: J_19@bellsouth.net Atm, Authorized Representative's Signature: RFP 2018-186-WG 48 167 C ATTACHMENT D INSURANCE REQUIREMENTS ARTICLE 20 Insurance j[PV4] 20.01 The Manager shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which'could result in withholding of payments or termination of the contract. a. Worker's Compensation Insurance for all employees of the Manager as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. b. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. c. Automobile Liability Insurance covering any automobile, if Manager has no owned automobiles, then coverage for hired and non-owned automobiles, with limit not less than $1,000,000 combined per accident-for bodily injury and property damage. d. Liquor Liability Insurance in an amount not less than $1,000,000. e. Crime/Fidelity Bond covering employees of the Manager in an amount not less than $1,000,000. f. Property Insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision (if applicable). 20.02 Additional Named Insured City of Miami Beach must be included by endorsement as an additional named insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Manager on a primary non-contributory basis. 20.03 Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. 20.04 Waiver of Subrogation Manager agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 29 20.05 Acceptability of Insurers Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 20.06 Exemptions A letter from the Manager is required stating that there are 3 or less employees in order to waive Workers' Compensation insurance requirement. If there are no automobiles being used in connection with the agreement, then the Manager shall confirm this information in a letter. If the Manager will be using automobiles, but does not owned any autos, then a letter from the Manager shall be submitted along with hired and non-owned automobile liability coverage. 20.07 CERTIFICATE FOR ADDITIONAL NAMED INSURED MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668— ECM #35050 New York, NY 10163-4668 Kindly submit,all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: . Certificates-miamibeach(c�riskworks.com 20.08 The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. At any time, the City may request full copies of insurance policies, including all endorsements as evidence of insurance. 20.09 Additionally, in connection with golf events, golf tournaments, and special events for groups of 32 or more participants, Manager shall secure liability insurance through a TULIP (Tenant User Liability Insurance Program) established by the City by logging in to the following link for a quote: https://tulip.onebeaconentertainment.com/e/tulip/appiy.aspx. General Liability Insurance on an occurrence basis, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage. The City of Miami Beach and the Manager must be named as an Additional Insured on a primary non-contributory basis. Liquor liability in the amount of $1,000,000 must be included if liquor is being served. 20.10 All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure and shall be made available to the City upon request to the Manager. No deductibles will be allowed in any policies issued on the Agreement unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City. 20.11 Insurance coverage required shall be in force throughout the contract Term. Should the Manager fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the Term, the City shall have the right to consider the 30