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2000-24021 RESO RESOLUTION NO. 2000-24021 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 114-99/00 FOR THE COMPREHENSIVE MANAGEMENT AND OPERATIONS OF THE CITY'S GOLF COURSES, CLUBHOUSES AND RELATED FACILITIES FOLLOWING THE COMPLETION OF PROPOSED RENOVATIONS, IN A FORM SUBSTANTIALLY ATTACHED. WHEREAS, since early 1997 the Mayor and City Commission, in conjunction with the Administration and citizens, have been working diligently to develop a comprehensive plan that would renovate the City's Golf Courses, Clubhouse and Related Facilities; and WHEREAS, throughout this planning process several actions steps have been taken to ensure this goal is accomplished; and WHEREAS,throughout the planning process it has been the City Commission's directive that when the architectural components of the project were in place and the construction documents were nearing completion the Administration should also issue a Request For Proposals seeking a highly qualified management firm to operate the Golf Courses, Clubhouses and Related Facilities; and WHEREAS, the Administration has drafted the attached Request for Proposals (RFP) to solicit proposals from qualified and experienced Golf Course Management firms to respond to this directive. 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 herein authorize the Administration to issue Request for Proposals (RFP) No. 114- 99/00 for the comprehensive management and operations of the City's Golf Courses, Clubhouses and Related Facilities following the completion of the proposed renovations, in a form substantially attached. PASSED and ADOPTED this 26th day of July, 2000. ATTEST: ~ ~CL~~ LAlJMDB/GUKS T:\AGENDA \2000IJUL2600ICONSENlil14COMM.RES JfJ; MAYOR APPROVED /IS TO FORM & lANGUAGE & FOREXECUnON ~~ 2;t.-t7J) CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci,miami-beach.fl.us COMMISSION MEMORANDUM NO. CODD -D 0 TO: Mayor Neisen O. Kasdin and DATE: July 26, 2000 Members of the City ~owjsion Lawrenc~e. vy 0. ~ City Mana e A RESOL ON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 114-99/00 FOR THE COMPREHENSIVE MANAGEMENT AND OPERATION OF THE CITY'S GOLF COURSES, CLUBHOUSES AND RELATED FACILITIES FOLLOWING THE COMPLETION OF PROPOSED RENOVATIONS, IN A FORM SUBST ANTIALL Y A TT ACHED. FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Since early 1997 the City Commission, in conjunction with the Administration and citizens have been working diligently to develop a comprehensive plan that would renovate the City's Golf Courses, Clubhouse and Related Facilities. To accomplish this goal the following actions have transpired: . On October 8, 1997, the City Commission authorized the execution of a professional services agreement with the firm of Arthur HilIs/Steve Forrest and Associates for architectural/engineering services for the redesign and/or renovation of the BayshorelPar 3 and Normandy Shores Gol{Courses. . On January 6, 1999, the City Commission authorized the execution of an agreement with the firm of REG Architects, Inc., for architectural/engineering services for the redesign and/or renovation ofthe BayshorelPar 3 and Normandy Shores Clubhouses and related facilities. . On October 20, 1999, the City Commission adopted a Resolution approving the overall plan for the renovation of the City's golf courses and clubhouses at Bayshore and Normandy Shores and further authorized the Administration to develop the plan to provide the necessary financing to implement the project. AGENDA ITEM Cl V DATE ,_'"l1o-o0 . On February 9, 2000, the City Commission approved the financing strategy for the renovation of the Bayshore and Normandy Shores Golf Courses and Clubhouses and referred the plan for their renovation to the Finance and Citywide Projects Committee for a review of estimated project costs. . On June 23, 2000, the City Commission authorized the Administration to borrow $30 million in funding from the City of Gulf Breeze, Florida, Local Government Loan Pool Program for to fund specific programs including the Golf Courses, Clubhouses and Related Facilities projects. Through out the planning process it has been the Commission's directive that when the architectural components ofthe project were in place and the construction documents were nearing completion the Administration should also issue a Request For Proposals seeking a highly qualified management firm to operate the Golf Courses, Clubhouses and Related Facilities. The Administration has drafted the attached Request for Proposal (RFP) to solicit proposals frorn qualified and experienced Golf Course Management firms to respond to this directive. Highlights ofthis RFP include but are not limited to: . The term of this Agreement, including renewal options, shall be for a period of not more than five (5) years, commencing on the date the Manager begins operations. . Manager shall be responsible to maintain the Golf Courses, buildings, equipment, utilities, and all appurtenances in conformity with City's specifications and manufacturers' specifications. . Overall Course Management in accordance with City golf directives including: * * * * * * * * Clubhouse maintenance and operation Pro shop operations Starter services Tee-time reservations Cart rentals and operations Driving range operations Food and beverage service Groundslbuildings and equipment maintenance to City's specifications and manufacturers' specifications Development of golf training programs Booking of national and international golf tournaments Securing, execution and monitoring of agreements with Miami Beach hotels for use of the golf courses * * * Approval of this Resolution will enable the City to proceed with the Golf Courses and Clubhouses overall improvements plan as envisioned by the City Commission, the Mayor's Ad Hoc Golf Committee, the Golf Advisory Board and the Administration, and ensure a coordinated and timely completion of the projects. LAL:~L~ T:IAGENDA\20001JUL2600ICONSENT\114COMM.WPD Attachment CITY OF MIAMI BEACH 1700 Convention Center Drive, Miami Beach, Florida 33139 http:\\ci.miami-beach.fl.u. Subject: Fun Management Services RFP No. 114-99/00 Dear Prospective Proposer: The City of Miami Beach, Florida, is inviting sealed proposals for the exclusive right to provide professional golf courses management services for the City of Miami Beach Golf Courses, Clubhouses and related facilities currently owned by the City. The three golf courses include Bayshore, Bayshore Par-3 and Normandy Shores. Bayshore and Bayshore Par-3 golf courses are centrally located near the Miami Beach Convention Center and within a short five to ten minute drive of most hotels in Miami Beach, Normandy Shores Golf Course is located on the northern edge of Miami Beach on Normandy Isle. Bayshore is currently a moderate quality 18-hole regulation-length facility (this will change significantly after renovation) of approximately 118 acres within 153-acre site, which also includes a stash site and a nursery. Normandy Shores is a moderate quality 18-hole regulation-length golf facility situated on Normandy Isle in the northwest portion ofthe City, within a gated residential community. The City of Miami Beach has retained Arthur Hills and Associates, a distinguished golf course architectural design firm known for designing top-notch courses, to prepare plans for renovating and/or redesigning the golf courses, and REG Architect, Inc., to design a new clubhouse at Bayshore and renovations at Normandy Shores. The City has also pursued direct conversations with Miami Beach hotels regarding assured access and use of the renovated golf courses by hotel guests. These discussions have confirmed that the hotels require upwards of 20,000 rounds annually and are willing to pay upwards of $100 per round for access to a well designed, well maintained golf course, clubhouse and related facilities. In soliciting proposals, it is the intent of the City of Miami Beach to provide high-quality, affordable golf services to the resident population, to meet the demands of its hotel community for access to high quality golf courses within Miami Beach and to progressively upgrade the golf courses and facilities. The award will be made to the most qualified proposer who will, as determined by the City Commission of the City of Miami Beach, operate, maintain and provide the quality level of service for the golf courses, clubhouses and related facilities that is in the best interest of both the City and the public. Proposals will be evaluated by an evaluation committee and a recommendation will be made. The evaluation process will include a presentation. A facility "walk-through" will be held at the City's Golf Courses on , 2000 at a.m.l p.m. A presentation on the scope and budget of the golf courses and clubhouses will be made 3 The RFP consists offive sections, delineated as follows: I. General Information II. Instruction to Proposers III. Evaluation Criteria IV. Proposal Documents V. Attachments: (I) Sample Contract for Full Golf Course Management (2) Golf Courses Maintenance Specifications The RFP package is available by calling DemandStar.com at (407) 975-3227 and requesting Document #1143. Sealed proposals shall be submitted to the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, no later than 3 :00 P.M. on August 21, 2000. Proposals will not be accepted after this time. Questions regarding the Request for Proposals process should be addressed to Gus Lopez, Procurement Director, in writing and faxing to (305) 673-7851. MDB:KS:GL:lcd F:\RCP A\$ALLIKEVIN\GOLFCOU\3COVL TR. WPD 4 TABLE OF CONTENTS I. General Information II. Instruction to Proposers III. Evaluation Criteria IV. Proposal Documents V. Attachments: I. Sample Contract for Full Course Management 2. Golf Courses Maintenance Specifications SECTION I 5 GENERALINFO~TION 6 I. GENERAL INFORMATION A. INTRODUCTION The City of Miami Beach is soliciting proposals for the management, operation and maintenance of the City of Miami Beach Golf Courses, Clubhouses and Related Facilities. Section I of the Request for Proposal provides a general background, scope of services requested, agreement terms and conditions, and other information for Proposers in preparing their proposals. Although a fee-for-service management contract is the expected form of arrangement, the City is open to proposals for other options. Proposers are advised that if an alternative form of private golf courses management and operation is proposed, a separate complete stand-alone proposal must be submitted. Proposals must be submitted no later than ,2000. B. BACKGROUND The City of Miami Beach has retained Arthur Hills/ Steve Forrest and Associates, a distinguished golf course architectural design firm known for designing top-notch courses, to prepare plans for renovating and/or redesigning the Golf Courses and REG Architects, Inc., for the design and renovations of the Clubhouses. The City has also pursued direct conversations with Miami Beach hotels regarding assured access and use of the renovated golf courses by hotel guests. These discussions have confirmed that the hotels require upwards of 20,000 rounds annually and are willing to pay upwards of $100 per round for access to a well designed, well maintained golf course. C. DESCRIPTION OF FACILITIES The three golf courses include Bayshore, Bayshore Par-3 and Normandy Shores. Bayshore and Bayshore Par-3 golf courses are centrally located near the Miami Beach Convention Center and within a short five to ten minute drive of most hotels in Miami Beach. Normandy Shores Golf Course is located on the northern edge of Miami Beach on Normandy Isle. Bayshore is currently a moderate quality 18-hole regulation-length facility. The facility occupies approximately 118 acres within a I 53-acre site, which also includes a stash site and a nursery. Normandy Shores is a moderate quality 18-hole regulation-length golf facility situated on Normandy Isle in the northwest portion of the City, within a gated community. 7 D.SCOPE OF SERVICES The scope of services required of the operator under terms of the management contract may include either maintenance of the golf courses facilities only as specified in Exhibit A or Full Golf Courses Management and Operation, including but not limited to: 1. Overall Courses Management in accordance with City golf policy, directives and established policies. a. Starter services b. Courses marshaling services c. Tee time reservations d. Cart rentals and operations e. Driving range operations f. Food and beverage service g. Pro shop operations h. Groundslbuilding maintenance to City specifications I. Health facility operation j. Clubhouse maintenance and operation k. Development of golf training programs I. Booking of national and international golf tournaments m. Securing, execution, implementation and monitoring of agreements with Miami Beach hotels for use of the golf courses. 2. Collection and accounting of all revenues. 3. Payment and accounting of all expenses in a timely manner. 4. Formulation and implementation of operating programs, business plans, and budgets. 5. Handling of personnel including employment, training, and terminations. 6. Preparation of monthly and annual financial operating statements. 7. Establishment and management of the Capital Improvement Program. 8. Operate the facility in accordance with a City of Miami Beach Golf Courses Policy Manual to be jointly prepared by the Manager and the City. The City retains responsibility for the following: I. Administration of all terms and conditions of the contract. 2. Setting of all fees and other principal golf courses operating policies. 8 3. Monitoring standards, specifications, and operating policies. 4. Budget approval. 5. Approval in advance of any and all expenses not budgeted. 6. Approval in advance of any alterations to existing facilities. 7. Determination and funding of necessary equipment or capital improvements. 8. Approval of national and international golf tournaments. E. TERMS OF AGREEMENT 1. Management Fee - Facility Capital Improvements. The successful proposer may be requested to manage the construction offacility capital improvements (see Item F). It is anticipated that the construction management fee would be a percentage of the construction value of such improvements. 2. Term of Agreement. To remain in conformance with IRS guidelines relating to tax-exempt bond-financed facilities, the City's Bond Counsel has advised that the City may enter into a contract relating to management of the courses provided that the contract has a term, including renewal options, of not more than five years, and the City retains the right to terminate the contract upon reasonable notice without penalty or cause at the end of the third year of the contract. Proposer should submit information on its ability to provide working capital, clubhouse furnishings, golf carts, maintenance equipment and kitchen equipment and health room equipment. Should an arrangement other than a fee for-service management contract be proposed, a longer term may be considered. The City's proposed financing of the courses acquisition and long- term capital improvements limits the term of the agreement. Thus, if a longer term is proposed, an alternative form of funding for both courses acquisition and long-term capital improvements must be secured. 3. Management of Operating Revenues and Expenses. With regard to the full service option, the operator shall establish appropriate bank accounts for the daily deposit of all gross receipts from the facility. The operator shall pay all operating expenses from these accounts. Within 15 days of the end of each month, management 9 shall provide the City with financial statements for the previous month detailing operations including all cash receipts and disbursements. The operator will calculate the monies due to the City after allowance for operating expenses, management fees, and other authorized costs and encloses payment with the monthly financial statement. Payment of the actual incentive based management fee will be due within 30 days of year-end adjustments. 4. Capital Improvement Reserve Fund. A capital improvement reserve fund will be established using 5% of annual gross greens fee revenues for capital projects approved in advance by the City. The fund is to be used for any individual repair, replacement or improvement valued at $ 10,000 or more, including materials and labor, which can be budgeted for and completed within the fiscal year for which it is planned. Repairs, replacements, and other improvements under $10,000 will be expended by the operator out of normal budgeted funds. Any unused funds are to remain in the fund for future use. Should any funds remain at the termination of the agreement, these funds are to remain with the City. The operator will assess needs, make recommendations for necessary improvements, and help develop action plans and budgets to assist the City and expedite golf courses capital improvement projects. 5. Local Policies. The management shall operate and keep the golf facilities open to the public on a daily basis. The operator will provide a level of service at least equal to the standards which exist at surrounding golf facilities of comparable standard and pricing. The courses shall be operated as public facilities in a nondiscriminatory manner. 6. Hours of Operation. The golf courses shall be open from dawn to dusk every day of the year, with the exception of closures due to weather conditions. 7. Greens Fees. The City has established the following greens fee schedule for its courses and reserves the right to establish and change the fee schedule at its discretion. These fees are based on the anticipated renovation to the courses and clubhouses and the posted fees at other golf courses within the Miami-Dade county area. The recommended proposed greens fees for 18 holes from ERA and the City's financial advisor are as follows: 10 Greens Fee (18 Holes) Residents Nonresidents Bayshore Par 3 Normandy Bayshore Par 3 Normandy Weekday Regular Twilight Weekend IS-hole Twilight Annual Rate (First Family Member) (Each Additional Member) F. CAPITAL IMPROVEMENTS The City intends to make progressive improvements to the golf courses as funds become available from operations. Priorities include enhanced landscaping (additional trees as recommended by the Golf Course Architect) and renovation of the Bayshore Par-3 Golf Course / Learning Center and related facilities. One of the principal responsibilities of the management service provider may be to provide capital improvement project management. The proposer should acknowledge this potential responsibility and state clearly experience in this area. G. ALTERNATIVE CONTRACTUAL FORMAT After consideration of a variety of golf courses operating options, it was determined by the City and City's Bond Counsel, that a fee-for-service management contract appears to be the most appropriate management format for the City of Miami Beach Golf Courses_and Clubhouses. The constraints related to the proposed financing are the basis for focusing on a fee-for-service management contract model for soliciting proposals. Although a fee-for-service management contract is the expected form of arrangement, the City is open to proposals for other forms and is not implying that other proposal formats will not be given the fullest consideration, including but not limited to a facility lease agreement. II If it is demonstrated that the City's objectives can be satisfied under an Alternative Contractual Format including, but not limited to, a facility lease, the City would consider alternative proposals. The specific terms and conditions of such alternative proposals should be submitted, in detail, for consideration. An alternative proposal may affect the City's ability to finance golf courses acquisition and capital improvements. The proposer should be cautioned that while the City will consider alternatives to the Fee-For-Service Management Agreement format, the City reserves the right to reject any and all proposals. A proposer offering an Alternative Contractual Format shall submit a separate complete stand-alone proposaljn addition to a fee for service management proposal. H. REOUEST FOR PROPOSAL PROCESS It is the intent of the City to select the proposer who has submitted the proposal deemed to be in the best interest of the City. Selection of the highest rated proposal(s) will be made on the basis of the criteria set forth in this RFP. The City recognizes that it may potentially receive any number of different types and/or formats of courses management proposals. As a result, the selection process will be based on a comparative rather than a competitive evaluation process. On this basis, the City will not utilize a strict "point system" in evaluating proposals received; the review and evaluation of contractual formats may, however, include comparing proposals received with current City golf management operations. Proposals are to be reviewed by a selection_committee, who will invite one or more proposers to make an oral presentation. The selection committee will then hear oral presentationes) and evaluate the proposals using pre-established criteria and assign a rating to each. Two or more of the highest rated proposals will then be submitted for review by the City Manager._The City Manager will submit his recommendation to the City Commission for authorization to initiate the negotiation process. The City will then enter into negotiations with the recommended proposer. A recommended negotiated agreement will be forwarded to the City Commission for final approval and formal execution by City. The evaluation committee will be comprised of representatives recommended by the City Manager. The selection recommendation from the City Manager to the City Commission will be based on the results of the interview process, financial review, and_the selection committee's review of the management proposals submitted. The City, at its sole discretion, may reject any or all proposals submitted in response to this RFP. The City shall not be liable for any costs incurred in connection with preparation and submittal of any proposal. 12 A facility "walk through" and pre-proposal conference will be held. A walk-through inspection of the golf courses, clubhouses and related facilities and review of planned and potential capital improvements will be provided. Proposers are encouraged to attend both the "walk-through" and pre-proposal conference. The "walk through" and pre-proposal conference are scheduled to be held on _, 2000. Only those questions concerning the sample agreements, the proposal process or questions resulting from the walk-through inspection will be considered in the presence of all attendees. Information disseminated at this meeting may not be available at a later date or in any other form. There will be no private or unilateral consultations prior to the City's receipt of Proposals deadline. Any clarifications requested before or after the Proposers' Conference must be submitted in writing and, if deemed relevant, will be answered in writing and distributed to all potential proposers. No requests for clarification will be accepted or answered for the five working days immediately prior to the submittal deadline. I. NOTICE TO PROPOSERS REGARDING PUBLIC RECORDS ACT Documents submitted in response to this RFP are subject to public disclosure. Specifically, responses to this RFP become the exclusive property of the City of Miami Beach. All proposals submitted in response to this RFP become a matter of public record and shall be regarded as public records. Exceptions will be those elements of each proposal which are trade secrets which are so marked as "Trade Secret," "Confidential," or "Proprietary". The City shall use its best efforts to avoid disclosure of any records so marked, but the City shall not in any way be liable or responsible for the disclosure of any such records. Proposers who indiscriminately and without justification identify all or most of their proposal as exempt from disclosure may be deemed unresponsive. J. REPRESENTATIONS I. The City will not be bound by any representations that are not set forth in any of the following: the RFP (including all exhibits); any written responses to proposer questions; and the final agreement. 2. The City has used its best efforts to ensure the accuracy of the information as set forth in this RFP and its referenced exhibits. However, the City shall not be liable for any inaccuracies contained therein. 3. The proposer is to exercise due diligence and is responsible for making all necessary investigations and examinations of documents, operations and the premises affecting performance. Failure to do so will not act to relieve any condition of the service contract agreement or the RFP or any of the referenced Exhibits. It is mutually agreed 13 that the submission of a proposal shall be considered conclusive evidence that the proposer has made such investigations and examinations. 4. Any reasonable inquiry to determine the qualifications, experience, character and financial responsibility of a proposer may be conducted by the City or its agent. The submission of a proposal shall constitute permission by the proposer for the City to conduct any reasonable inquiry to determine the responsibility of the proposer. If the City deems it necessary, additional information may be requested from the proposer. The unreasonable failure of a proposer to promptly supply information in connection with such inquiry, including but not limited to, information regarding past performance, financial stability, and ability to perform on schedule, may be grounds for a determination that a proposer is non-responsive, and disqualification from further consideration. 5. The proposer may withdraw its proposal at any time prior to the date and time which is set forth herein as the deadline for acceptance of proposals, upon written request for same to the City. 6. All proposals shall be firm offers and may not be withdrawn for a period of ninety (90) days following date set to receive proposals. 7. The City may extend the deadline for acceptance of proposals for such period of time as it deems in its own best interest. K. INSURANCE REOUIREMENTS The anticipated insurance requirements and language, including limits, terms and conditions, to be required under this Agreement are set forth in the Sample Agreement. The insurance requirements in the final Agreement will be substantially as set forth in the Sample Agreement, but may vary somewhat. If the Proposer has any concerns or problems regarding any aspect of these requirements, the Proposer should so state in the Proposal. L. SECURITY DEPOSIT (PERFORMANCE GUARANTEE) The Successful Proposer will be required to provide a deposit with City, within thirty days after formal contract award, the sum of $50,000 (Fifty Thousand), by cash, cashier's check or bond payable to the treasurer of the City of Miami Beach, as a security deposit for the faithful performance by Contractor of the provisions of the agreement. City is authorized to use the security deposit, or any portion of it, to cure any default of Contractor or to compensate City for any damage sustained by City resulting from Contractor's default. City shall deposit such security deposit into an interest bearing account 14 and the interest earned thereon shall be the property of City. If there is neither default nor damage to the facility or property at the expiration or termination of the term of the Agreement, City shall return the security deposit to Contractor. 15 SECTION II INSTRUCTIONS TO PROPOSERS 16 INSTRUCTIONS TO PROPOSERS Interested and qualified firms or individuals who have demonstrated success in the provision of similar services at comparable facilities are invited to submit proposals. A. PROPOSALS DEEMED RESPONSIVE TO THIS RFP Responses to this RFP must be made according to the specifications set forth in this section both for content and sequence. Any proposal failing to comply with these Instructions to Proposers and deemed to be non-responsive shall be subject to rejection by the City. The City may determine that proposer can be allowed to remedy the status of being non-responsive if sufficient evidence can be presented citing extenuating circumstances. B. MINIMUM OUALIFICATIONS In order to be deemed qualified for, the proposing entity or their principals must: 1. Have a minimum offive (5) years of experience within the last ten (10) years in two (2) or more of the following golf related fields: a. Total management and operation of a golf courses facilities similar to the quality proposed for Bayshore and Normandy following their renovations. b. Pro shop operations, including driving range, merchandise sales, and golf cart operations. The City requires that the proposer employ a "Class A" PGA professional to operate_each of the pro shops. c. Clubhouse operations, including a full service]estaurant and/or banquet operations. d. Golf courses maintenance operations. The City requires that the proposer employ a fully qualified USGA certified Superintendent for maintenance operations at each Golf Course. 2. Possess and demonstrate a record of financial responsibility commensurate with the obligations contemplated under this RFP. 3. Possess a competent record of employment or history of contract service in the operation of a similar golf facility business as verified and supported by references, letters, and other necessary evidence from all employers and/or public agencies. 17 C. REOUlRED FORMS AND DOCUMENTS In order to be deemed fully responsive to this RFP, a proposer must complete and submit the following forms and documents as part of its proposal. A copy of items (1) through (4) are provided herewith for use by the proposer. A proposer submitting an Alternative Contractual Format must do so as a separate complete stand-alone proposal. 1. Proposal Form 2. Statement of Personal History 3. Affidavit to Accompany Proposals 4. Authorization to Release Information Proposers must present evidence, satisfactory to the City, indicative of their ability to manage' operate, and maintain specified facilities. To this end, each proposer must attach the following information, Items (5) through (14), to the Proposal Form. 5. Minimum Exoerience Oualificatit)lls Summary: A statement of professional experience and ability. 6. Financial Statement: A full and dltailed presentation of the true condition, as of December 31, 1999, (or the most re~ent fiscal year if other than calendar year) of the proposer's assets, liabilities, and net worth. The report must include a balance sheet. If the proposer is a partnership or joint venture, individual fmancial statements must be submitted for each general partner or joint venturer thereof. If firm is a publicly held corporation, the most current annual report should be submitted. 7. General Business Statement: A statement of all the important business activities of proposer's major business life. This statement should emphasize proposer's experience in the management and operation of golf facilities and services similar to those specified. In the event that the proposer has provided such golf services on a contractual basis to a public agency or to a private entity, the proposer shall submit the name, address, and phone number of such clientele, and a brief description of the services provided and other pertinent data for all courses within the past fifteen (IS) years. In addition, the proposer must identify any golf related contracts that, within the last five (5) years, have been canceled or not renewed and provide a current contact and phone number. A comprehensive listing of all corporate names used for the proposing firm or team in the past ten (10) years should also be included. 8. Coroorate Structure. Orl!anization: Describe how your firm is organized, noting major divisions and any parent/holding companies, as well as brief history of the firm. 9. Central Suooort Caoabilities: Procedures: Briefly outline the types and level of 18 support received from your firm's Central Office in the areas of Accounting and Finance, Marketing and Promotions, Personnel/Labor Relations, Purchasing and Quality Specifications, Menu/Recipe Development, Safety and Sanitation, Management and Operations Supervision, and Special Function/Catering Support. Describe what are your firm's procedures in obtaining such support, and state which items are included in any General & Administrative Fees which you anticipate charging. Please include an outline or a copy of the Table of Contents of all manuals and guides which cover the areas noted above. The finalists or successful bidder may be requested to provide copies of the entire documents (manuals, guides, operational memoranda) to the City for further analysis or reference. 10. Business References: A minimum of five (5) business references giving names, addresses, telephone numbers, and the nature and length of time of the business association in each instance. These references must be persons or firms with whom you have conducted business transactions during the past five (5) years. 11. Financial References: A minimum of five (5) financial references giving names, addresses and telephone numbers in each instance. It is required that at least two of the five references must be banks or savings and loan institutions; and the type of relationship shall also be indicated, for example: checking accounts, savings accounts, real estate loans, or construction loans. 12. Cash Flow Analvsis and Pro Forma: An analysis of the proposer's operating projections for the facility. The analysis shall reflect the first three (3) years of operation and indicate the estimated annual revenue, and operating expenses, including base and incentive management fee, for the courses. The Pro Forma shall include: a. A list of all revenue producing operations indicating for each the anticipated annual gross revenue. b. A complete detailed and itemized breakdown of anticipated operating expenses. All factors and assumptions underlying the Pro Forma analysis should be clearly specified. At this time, the City has not finalized a policy regarding greens fees at the City of Miami Beach Golf Courses for FY 2000/2001. It is suggested that, for Pro Forma purposes, the proposer employ a rate structure which is "market based". The proposer is cautioned, however, that a more restrictive greens fee policy may be implemented. Proposers submitting Alternative Contractual Format proposals must submit 19 detailed cash flow pro formas for the first three (3) years of operation (or larger if required) clearly reflecting the terms and conditions of their proposal. 13. Proposed Employee Compensation and Benefits: Proposers are requested to submit proposed employees staffing for the golf courses and clubhouses management, operation, and maintenance. Information should include staffby function, pennanent and part-time/temporary employees, wage and salary rates, and a description of the employees benefits to be offered permanent and part-time/temporary employees (such as medical, dental, vacation, and other employees benefits). 14. Service Program: A narrative description of all services, programs, and activities contemplated and detailing proposer's intended approach toward achieving customer satisfaction and providing a well-maintained and operated golffacility. D. PREPARATION OF PROPOSALS 1. The original proposal and ten (10) additional copies must be submitted in a sealed envelope, plainly marked with the name, address, and telephone number of the proposer and bearing the words: "Proposal for Management and Operation of City of Miami Beach Golf Courses". 2. The proposal must be submitted, typewritten on 81/2"xll" white paper and must be bound in a secure marmer. 3. Material and data not specifically requested for consideration, but which the proposer wishes to submit, must not appear with the Proposal Form, but may appear only in an "Additional Data" section. This has specific reference to the following types of data: *Standard sales brochures and pictures; *Promotional material with minimal technical content; *Generalized narrative of supplementary information; *Supplementary graphic materials 4. All proposals must be signed with the full name of the proposer, if an individual; by an authorized general partner, if a partnership;- or by an authorized officer, if a corporation. 5. When proposals are signed by an agent other than an officer of a corporation or a 20 member of a general partnership, a power of attorney authorizing the signature must be submitted with the proposal. 6. If the proposal is submitted by a partnership or joint venture, the Statement of Personal History attached to the Proposal Form must be completed by each general partner or joint venturer thereof. If the proposal is submitted by a corporation, the Statement must be completed by each principal officer of said corporation. 7. The original proposal must bear original handwritten signature(s). Modifications to a proposal after the proposal submittal deadline will not be accepted by the City. E. DEADLINE FOR RECEIPT OF PROPOSALS Sealed proposals will be received until 3:00 P.M. on AUlrust 21. 2000, at the following address: City of Miami Beach, City Hall - Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. F. PROPOSERS INTERVIEWS Informal discussion and interviews with qualified proposers may be conducted by the City. Proposers are cautioned that said interviews are conducted for the purpose of clarifying proposal contents and permitting the City to become more familiar with qualified proposers. Interviews are not a prelude to, or commencement of, any contractual negotiations. 21 SECTION III EVALUATION CRITERIA AND SELECTION PROCESS 22 EV ALVA TION CRITERIA AND SELECTION PROCESS A. SELECTION AND EV ALVA TION PROCESS Responsive proposals received at the designated location at or prior to the submittal deadline will be reviewed by a Selection Screening Panel. In connection with its evaluation of the proposals, the Selection Screening Panel may invite one or more of the proposers to make an oral presentation. The Selection Screening Panel will, at its sole and absolute discretion, determine the proposers to be interviewed in accordance with the evaluation criteria. Selected proposers will be invited to participate in an interview at which a Selection Committee will rank each firm and its proposal using the criteria set forth in Section III of this Request for Proposals. Each proposer must be represented by the individual who will be the prime contact person to the City and any other individuals whom the proposer may select. During these interviews, the proposer will be allowed to present such information as may be appropriate in order that the Selection Committee can effectively and objectively analyze all materials and documentation submitted as part of the proposals. The Selection Committee will employ the applicable criteria and their expertise in evaluating all proposals. The results of the Selection Committee interview and evaluation will result in a ranking of the proposers. The highest-rated proposals will then be further scrutinized through financial analysis, reference checks, and site inspections of selected courses currently operated by the firm(s) under consideration. The City of Miami Beach will review two or more of the highest-rated proposals. Following the Selection Committee process the City Manager will make a recommendation to the City Commission and seek authorization to enter into negotiations with two or more of the proposers. Such negotiations, utilizing the Sample Agreement provided in the RFP as a base document, are intended to result in an agreement deemed to be in the best interests of the City. The proposed agreement, as negotiated, will be forwarded to the City Commission for approval and execution. 23 The City of Miami Beach reserves the right, without limitation, to reject any or all proposals; to waive any minor defects, irregularities or informalities in any proposal(s) or the procedures and requirements set forth here in; to negotiate and contract with any proposer, or with any other person or entity that has submitted a proposal, on the same or different terms for those set forth in this Request for Proposals and the associated documents and to determine in its sole discretion which proposal, if any, should be accepted; to cancel award of this agreement; and to re-advertise for new proposals, all as the public good may require. B. EVALUATION CRITERIA The City is interested in selecting a qualified firm with the ability to maximize net income (or minimize expense) to the City while providing a well maintained and operated golf facilities and quality golf experience. To that end, the following criteria will bear significant weight on the selection (note that this criteria will be employed in evaluating Management and Alternative Contractual Formats): 1. Pronoser's Exnerience and Canabilitv a. Proposer's demonstrated financial stability. b. Proposer's demonstrated operational capabilities stressing the ability to provide: comprehensive golf courses maintenance services and (in the Alternative Bid) food and beverage services; golf professional services; golf courses management and maintenance responsibilities. c. Proposer's verified experience in golf courses operations. d. Proposer's demonstrated history of customer satisfaction. e. Proposer's verified history of compliance with obligations and responsibilities assumed for similar golf courses operations. f. Proposer's intended management team and proposed employee staffing plan, including employees benefits package. 24 2. City Financial Benefits a. The net benefit to the City based upon the proposed management fees and terms, or the terms and conditions of Alternative Contractual Formats. 3. Service Pro2ram a. The nature and extent of the golf programs and related services to be offered to the public. b. The proposer's intended approach toward achieving and measuring customer satisfaction. c. The nature and extent of golf courses, building and facility maintenance. d. The nature and extent to which the proposer intends to maximize public use of the premises and the facilities. C. APPROVAL OF CONTRACT Subsequent to the Evaluation Process, the City Manager will present a formal recommendation to the City Commission for approval of a Fee-For-Service Maintenance agreement or an Alternative Fee-For-Service Full Service Management agreement. Such recommendation shall be presented at a regular meeting and, as such, is subject to public review and comment. 25 SECTION IV PROPOSAL DOCUMENTS 26 PROPOSAL DOCUMENTS A. Proposal Forms B. Statement of Personal History C. Affidavit to Accompany Proposals D. Authorization to Release Information 27 CITY OF MIAMI BEACH PROPOSAL FORM Name of Company: Address: Telephone: FAX: Name ofPrinciDals: Titles: A. Proposal Format (check one only) o I (we) propose to provide the golf courses maintenance services as described in the Request for Proposal (please complete Part B below). o I (we) have submitted an alternative proposal for full golf courses management and/or operations (please complete Part C below). B. Fee-For-Services Management Contract - Fees o The flat management fee for operations I (we) propose to charge the City for the services outlined in the RFP is o Indicate the incentive based management fee, expressed as a percentage of gross operating revenue (incentive management fee carmot exceed 50 percent of total management Compensation). o The management fee for managing facility capital improvements I (we) propose to charge the City is _ percent of the construction value of said improvements. 28 C. Alternative Management Format o The flat management fee for full golf couse operations I (we) propose to charge the City for the services outlined in the RFP is o Indicate the incentive based management fee, expressed as a percentage of gross operating revenue (incentive management fee cannot exceed 50 percent of total management compensation). o The management fee for managing facility capital improvements I (we) propose to charge the City is _ percent of the construction value of said improvements. D. Attachments I (we) have enclosed the following required attachments: o Minimum Experience Qualifications Summary o Statement of Personal History o Affidavit to Accompany Proposals o Authorization to Release Information o Financial Statements o General Business Statement o Corporate Structure Organization o Central Support Capabilities, Procedures o Business References 29 o Financial References o Cash Flow Analysis and Pro Forma (Minimum Three Years) o Proposed Employee Compensation and Benefits o Service Programs I (we) have read the information in this RFP and are: (I) personally acquainted with the premisesof the golf courses; (2) acquainted with the privileges to be granted thereon; (3) familiarwith the terms and conditions contained in the Request for Proposal including all exhibits and attachments; and (4) meet the qualifications for submitting a proposal. I (we) have enclosed a certified or cashier's check in the amount of ($ ), payable to City of Miami Beach as a guarantee that I (we) will enter into an agreement in the event my proposal is accepted. I (we) acknowledge that $ of the $ Proposal Guarantee is non-refundable. The undersigned hereby respectfully submits this proposal, including all required documents and statements. The Proposer and Signator(s) represent that the Signator(s) hold the position(s) set forth below their signature(s) and that the Signator(s) are authorized to execute this proposal. (Indicate the form of business concern on the line above, i.e., corporation, individual, partnership, joint venture.) Name (please type/print) Indicate your position, title and/or function Signature Address Telephone 30 STATEMENT OF PERSONAL HISTORY 1. LEGAL NAME: d/b/a (if any): 2. RESIDENCE ADDRESS: 3. BUSINESS ADDRESS: 4. TELEPHONE: Residence: ( ) Business: ( ) 5. SOCIAL SECURITY NUMBER: 6. Have you or your spouse ever filed for bankruptcy or been declared bankrupt? Yes: No: Have you ever been fired or asked to resign? Yes: No: Have you, as an adult, ever been convicted, fmed, placed on probation, given a suspended sentence in any court, or had any convictions expunged? Yes: No: Have you, or any principal, ever had a bond or surety canceled or forfeited? Yes: No: NOTE: If you answered, "Yes" to any question in Section 6, pertinent details must be provided on an additional sheet. Failure to do so may result in the delay in, or the possible disqualification of, your proposal. **************************************************************************** I hereby certify that all statements made on or in connection with this Statement of Personal History are true to the best of my knowledge and belief; and I understand and agree that any misstatement or omission of material fact may cause forfeiture on my part of all rights to the proposed agreement to be awarded by the City of 31 AFFIDAVIT TO ACCOMPANY PROPOSALS State of Florida } } } City of Miami Beach ; being first du1y sworn, deposes and states and of he/she is (Insert "sole owner, "partner", "president". "secretary". or other proper title) (Company) who submits herewith to the City of Miami Beach the attached proposal; Affiant deposes and states: that the proposal is genuine; that the same is not steam or collusive; that all statements of fact therein are true; that such proposal was not made in the interest, or on behalf of any persons, partnership, company, association, organization, not therein named or disclosed. Affiant deposes and states: that the proposer has not directly or indirectly by agreement, communication, or conference with anyone, attempted to induce action prejudicial to the interest of the City of Miami Beach, or of any other proposer, or anyone else in the proposed agreement; that the proposer has not in any manner sought by collusion to secure to himself, itself, or themselves, an advantage over any other proposer. Affiant further deposes and states: (a) That none of the employees are employees of the City of Miami Beach or employees of public agencies for which the City Council is the governing body; (b) That no City employee, or employees of public agencies for which the City Council is the government body serve as officers, principals, partners or major shareholders of the proposer; (c) That we are not former City employees who have been employed by the City of Miami Beach in the twelve months immediately preceding the date of this affidavit in position of substantial responsibility in the area of service to be provided by the proposed agreement, and that no such employees have taken part in the development of said proposed agreement or its service specifications. I understand and agree that any falsification in this affidavit will be grounds for rejection of this proposal or cancellation of any agreement award pursuant to this proposal. I certify under penalty of perjury under the laws of the State of correct and true. that the foregoing is Signed: Signature: Title: Dated: 32 CITY OF MIAMI BEACH AUTHORIZATION TO RELEASE INFORMATION I hereby authorize the release of all financial and credit information and/or verification of employment to the City ofMiarni Beach as said items relate to my interest in securing an agreement with the City. This form may be reproduced or photocopied to be utilized as my consent to release financial and credit information or equipment verification. Print Name here Signature Date: Financial Institution Applicable Account(s) (number and type) Financial Institution Applicable Accounts(s) (number and type) 33 SECTION V ATTACHMENTS 1. Sample Agreement 2. Sample Golf Courses Full Services Agreement MIAMI BEACH GOLF COURSES REQUEST FOR PROPOSALS ATTACHMENT V-I 34 SAMPLE AGREEMENT PROFESSIONAL FULL GOLF SERVICES MANAGEMENT AGREEMENT 35 THIS AGREEMENT made and entered into as of this day of by and between the CITY OF , a political subdivision of the State of (hereinafter"City"), and (NAME OF BUSINESS ENTITY), a (business entity), (hereinafter "Manager"). WHEREAS, the City is responsible for the operation of the golf courses for the use and benefit of the public; and WHEREAS, City desires to continue providing professional golf services for the convenience and enjoyment of the public; WHEREAS, City desires a professional manager capable of assuming the complete operation of Miami Beach Golf Courses and all related facilities; and WHEREAS, Manager is engaged in professional golf management services business and is prepared, equipped and qualified to undertake such operations, and provide all services required hereunder at the Golf Courses. WHEREAS, said Manager must also be capable of providing an accounting to City of all receipts and disbursements and of maintenance of the facilities and equipment, all in accordance with provisions of this Agreement as negotiated by said Manager and City; and WHEREAS, said professional manager is needed to provide for maintenance of the courses and of facilities and equipment at a service level as outlined hereunder in Exhibit B; and WHEREAS, City has requested proposals from persons qualified to provide the services of a professional manager and operator; and WHEREAS, Manager assures City that it has developed expertise with respect to successful and efficient management and operation of golf facilities on or off of comparable sites and has inspected Miami Beach Golf Courses and related facilities. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 36 ARTICLE I DEFINITIONS and INTERPRETATIONS As used herein, the following words and phrases shall have the meanings set forth below: 1.01 Director: "Director" means the Director of Parks and Recreation of the City, and any of his authorized representatives. 1.02 Business Year: "Business Year" means a fiscal year, commencing October I and ending September 30. 1.03 GolfCourseslPremises "Golf CourseslPremises" means any area where Manager's golf course management activities are carried out with regard to this Agreement. The premises shall include buildings, non-building improvements and landscaping on the property designated as the Miami Beach Golf Courses, as generally depicted on the site map which is part of Exhibit A, attached hereto. Should Manager and City disagree regarding whether a particular site shall be considered golf courses/premises, the Director's decision shall prevail. 1.04 Gross Receiots: "Gross Receipts" means Manager's gross revenue from all Manager's sales and services made or provided for the City, in connection with Manager's operations at the Golf Courses, as otherwise provided under the terms and conditions of this Agreement, whether made or provided upon the basis of cash payment or on credit (whether collected or not); provided, however, there shall be excluded or deducted, as the case may be, from Gross Receipts 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. 1.05 Auditor: 37 Member(s) of accounting staff or professionally qualified consultant employed by the City to conduct an audit. 1.06 Operatinl! Expenses: Operating Expenses are all costs and expenses necessary to the operation of the Golf Courses, including all Golf Courses facilities in the ordinary course of business as approved by City in City's annual budget, to include the following: the cost and fees of the Auditor; insurance (100% if separate policy for City); utilities; any Management Fee as provided in Section 2.09; capital improvement expense; depreciation; amortization; and other costs set forth in the Operating Budget except the cost of salaries, wages and benefits of the Manager to be borne by City. Operating Expenses shall be determined in accordance with generally accepted accounting principles consistently applied. 1.07 Cost of Goods Sold: Cost of Goods Sold is as determined by generally accepted accounting principles consistently applied; 1.08 Operatinl! Surplus: Gross Receipts 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. 1.09 Operations: The business and commercial operations and affairs in the ordinary courses of business of the Golf Courses and related facilities. 1.10 Operatinl! Budl!et: Operating Budget is a schedule of all anticipated revenues and all estimated expenses for golf operations at Miami Beach Golf Courses for each fiscal year period, beginning October 1 and ending September 30, as developed by Manager and formally approved by City. 1.11 Manal!er's Expenses: Manager's Expenses are those expenses which are the sole responsibility of the Manager, in that such expenditure(s) are incurred exclusively for the management of the Golf Courses and have been identified by both the Manager and City as the sole responsibility of the Manager; and, such expenditures have not been formally included in the City-approved Operating Budget or have not been approved through formal Operating Budget adjustrnent(s). 38 1.12 Facilitv Caoital Imorovement: Any construction project which extends the useful life and/or increases the capacity of the golf courses facilities. For the purpose of this Agreement, weeding and replacement or renovation of sod or grass shall not be considered a capital improvement. 1.13 Revenues: All operating revenues of the Golf Courses and related facilities such as revenue from green fees, the golf shop, golf cart rentals, driving range, food & beverage/catering, and other miscellaneous revenues. 1.14 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. 39 ARTICLE: II SPECIAL CONDITIONS 2.00 Miami Beach Golf Courses Premises A. Golf Courses Ownershio and Name The Golf Courses consists oflands owned in fee by City. The name of the Golf Courses shall remain the same unless changed by City. B. Use of Golf Courses The Golf Course premises, as shown on the site map which is a part of Exhibit ?? , shall be used only and exclusively for golf courses operations and for such other, related purposes for which express approval is granted by the Director, and for no other purpose whatsoever. C. Manal!er's Accentance ofPhvsical Condition When the proposed renovations of the golf courses, clubhouses and related facilities are completed the Manager accepts the Golf Courses in its present physical condition and agrees to make no demand upon City for any improvements or alteration thereof. D. Anoroval Reauired for Alterations Any improvements, additions, alterations or changes to the Golf Courses premises 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. E. No Prooerty Interest of Manal!er Manager hereby acknowledges the title of City in and to the Golf Courses premises and the improvements located thereon, and covenants and agrees never to assail, contest or resist said title, nor to assert with respect thereto any property interest of Manager. F. Ownershio ofImorovements Ownership of all existing structures, and of all structures, buildings and/or improvements 40 constructed by City or by Manager upon the Golf courses premises 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. 2.01 General Scone of Services Manager shall have the exclusive right, license, privilege, and duty to operate and maintain the Golf Courses for the benefit of the City. The scope of services required of the Manager under terms of this agreement include but are not limited to: A. Overall Course Management in accordance with City golf policy. I. Pro shop operations 2. Starter services 3. Tee-time reservations 4. Marshaling Services 5. Cart rentals and operations 6. Driving range operations 7. Food and beverage service 8. Groundslbuildings and equipment maintenance to City's specifications and manufacturers' specifications. 9. Health facility operation 10. Clubhouse maintenance and operation 11. Development of golf training programs 12. Booking of national and international golf tournaments 13.. Securing, execution and monitoring of agreements with Miami Beach hotels for use of the golf courses. B. Collection and accounting of all revenues. C. Payment and accounting of all expenses in a timely manner. D. Formulation and implementation of operating programs, business plans, and budgets. E. Handling of personnel including employment, training, and terminations. F. Preparation of monthly and annual financial operating statements. G. Maintain the Golf Course buildings, equipment, utilities, and all appurtenances in conformity with City's specifications and manufacturers' specifications. 41 H. Plan and carry out advertising and marketing program for the Golf Courses and clubhouses. 1. Attend to all other matters necessary or expedient for the efficient performance of the Golf Course's operations including community meetings and Golf Advisory Board meetings. K. Provide an annual inventory of all equipment, property and merchandise at each Golf Course, Clubhouse and Related Facilities. 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. Manager shall commence operations pursuant to this Agreement on ???????? . After commencement of operations pursuant to this Agreement, 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 approval of the Director during inclement weather. Manager shall conduct no other operations or activities upon the Golf Courses than as are set forth herein. 2.02 Citv's ResDonsibilities City shall perform the following: A. Administer all terms and conditions of this Agreement: B. Monitor standards and specifications; C. Review and approve Golf Courses' Operating Budget; D. Review and approve or disapprove, in advance, any and all expenses not previously budgeted; E. Review and approve or disapprove, in advance, any alterations to existing facilities; F. Provide or make provision for all equipment needed to operate Golf Courses; G. Set all fees; and H. Determine, fund and implement capital improvements. 42 2.03 Term and Boldin!! Over A. The term of this Agreement, including renewal options, shall be for a period of not more than five (5) years, commencing on the date the Manager begins operations hereunder, and shall expire on B. When the date of commencement of the term has been ascertained, the parties shall immediately execute an amendment to this Agreement setting forth the date of commencement of the term and the expiration date. C. The provisions of this Section 2.03 are subject to the provisions of Section 2.21, which authorize the City to terminate this Agreement, without penalty or cause, at least at the end of the third (3rd) year of the term, upon ninety (90) days' WTitten notice given to Manager. D. Should Manager hold over after the expiration of the term of this Agreement with the consent of City, such holding over shall be deemed to be on a month-to-month basis at the same management fee as was applicable to Manager's operations for the last Business Year of the term hereof, prorated to reflect such month-to-month operation, and otherwise subject to all of the terms and conditions of this Agreement. 2.04 General Mana!!ement of Golf Courses 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 and the appearance and condition of the premises and employees utilized by Manager for its operations. Manager shall promptly discontinue or remedy any such objectionable practice upon notification by the Director. Manager shall operate and manage the Golf Courses, pro shop and food & beverage operations and facilities in a first class manner, comparable to other first-class operations providing similar facilities and services in the area; service delivery standards shall be comparable to those standards followed and provided by the Doral Golf Resort, Greenleaf Golf Resort or the Walt Disney Golf Resorts. A. Golf Professional Services - General Manager shall provide all Golf Courses management and operations, including, but not limited to, the following: sell, rent, store and/or repair golf equipment; sell golf clothing and supplies; provide instructional services in the playing of golf; rent golf carts, and operate a driving 43 range, all in accordance with its proposal and with the other provisions of this Agreement. Manager shall be responsible for providing all services, equipment, supplies and personnel for the administration, staffing, operation and maintenance of the premises, and such other locations at the Golf Courses as the Director may from time to time specify for Manager's operations. (1) EQuioment Rental 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. (2) EQuioment Reoair 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. (3) 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. (4) Cart Rental Manager shall provide and maintain for rental an adequate number of manually-operated golf carts and shall increase the number of carts provided if necessary, in the sole opinion of the Director, to reasonably meet the demands of the public patronizing the Golf Courses. Manager shall provide and maintain a minimum of sixty (60) power-driven carts at each course (Bayshore and Normandy Shores), and shall increase the number of carts provided if necessary, in the sole opinion of the Director, to reasonably meet the demands of the public patronizing the golf courses. All of the sixty (60) required power-driven carts shall have shade tops, divot replacement sand and trap rakes. The fleet shall be new at the time of the initiation of this Agreement, properly maintained in a clean and fully functional condition, and replaced after a maximum of thirty six (36) months of service. (5) Drivinl!: Ran~e Manager shall be responsible for the operation of the driving range and responsible for providing and maintaining a sufficient number of driving range mats. 44 Manager shall also be responsible for providing maintenance of and any necessary damage repairs to the driving range facilities in accordance with standards and specifications contained in Exhibit B hereto. (6) Starter Services Manager shall provide complete Golf Courses starter services, in accordance with the prevailing rules established 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 courses fees. Manager shall provide all equipment and supplies necessary for the operation of the starter system, including but not limited to: player scorecards; a cash register 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 the Golf Courses; telephones, wiring and all equipment necessary for the operation of the automated reservation system at Miami Beach Golf Courses; and a computer system which shall be used to transfer to the Department on a daily basis attendance, sales and accounting records in a detail and format as requested by the Director. Manager shall provide and maintain a hotel guest reservation scheduling service and a tournament scheduling services, in accordance with the prevailing rules established 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 services. The City shall have the right to approve the number and dates of tournaments. Manager shall honor all contracts for tournaments and banquets that have been approved by City. City shall provide Manager a complete list of all contracted events thirty calendar days prior to the date set for Manager to commence performance of services hereunder. 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 maintaining its own bank. account for the fees collected, including account reconciliations and bookkeeping related to the fee revenues. Manager shall account for and deliver to the City of Miami Beach all such monies due to City in accordance with provisions contained within this Agreement. 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 Auditor-Controller or an 45 authorized representative. (a) Davs and Hours ofOoeration Manager shall keep the starter's office open every day, including Sundays and holidays. The minimwn 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 approval by the Director. In regard to the Golf Courses being out of operation, whenever play must be temporarily suspended on the Golf Courses due to inclement weather conditions, the decision on when to allow play to reswne, and when to allow golf carts to go out on the courses, will be made by Manager in accordance with City golf courses policies. Manager shall have a lightening warning system in place approved by the Director. (b) Starter Service SuoolieslEauioment Manager shall provide all necessary golf starter sheets, golf pencils and an adequate nwnber of accurate and attractive, four-color golf scorecards, as approved by City. All of the aforementioned items shall be in form and content acceptable to the Director. @ Fees Manager shall charge and collect Golf Courses (greens) fees according to a fee schedule approved by Resolution of the Mayor and Members of the City Commission. City reserves the right to keep or to change the fee schedule in its sole discretion. B. Merchandise Manager shall provide and maintain such inventory of golf merchandise as is deemed necessary by the Director, who shall have the right to prohibit the sale or rental of any item of merchandise on finding( s) that the item( s) is not necessary for proper service to the public. Inventory shall include, at a minimwn, the following: clothing with courses logos for men and women; golf shoes; clubs and bags; accessories such as balls, gloves, tees, etc. Manager shall be responsible for golf ball retrieval from golf courses water areas during the term of contract. The undamaged, saleable golf balls so retrieved shall be sold at either pro shop with such merchandise sales included in manager's reporting of monthly gross receipts. 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 46 sole discretion. Manager shall offer for sale only goods of premium quality. For such goods, Manager shall charge fair and reasonable prices. Prices for services shall be set by the Manager, 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 or consistent with the cost of providing services to the public. All price schedules shall be approved in advance by the City. When an item has a suggested retail price premarked and established by the manufacturer or distributor, Manager shall not charge the public a price higher than such suggested retail premarked price. If, in the sole opinion of Director, Manager is charging too high a retail or rental price for any permitted item, Manager shall reduce its price to not more than that stipulated by the Director. Director shall stipulate a price based on fair market value and Manager's wholesale cost of merchandise. The price stipulated by Director shall not be less than that paid by Manager, including all rebates, refunds, credits, and incentives, provided Manager has adequate documentation to establish price paid. Manager shall submit a complete, written services price list, and a general list of types of merchandise to be sold, to the Director within ten (10) days after the start of manager's operations. Thereafter and throughout the term of this agreement, Manager shall submit written notification to the Director prior to the inception of any subsequent changes to services or prices. Manager shall provide the City an annual inventory of all merchandise. Manager shall at all times post rates and prices for all items offered for sale and all services offered at locations designated by the Director. Manager shall, as a part of this Agreement, work with the Director, City officials, golf organizations, the Miami-Dade County Tourism Office, Travel and Golf Magazines and tournarnent promoters in promoting golf and the Golf Courses and Clubhouses. 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 City. Manager shall use its best efforts to develop and maintain cooperative working relationships with the aforesaid persons and other interested organizations in order to provide the best programs and services possible for the public. C. Golf Professional A "Class A: P.G.A. Professional" shall be on site at each golf courseJull-time and shall provide lessons and perform all other, similar services set forth in the City of Miami Beach Golf 47 Policy Manual. The playing of the game of golf shall be taught only by qualified instructors whose qualifications have been approved in writing by the Director. D. Professional Golf Courses Marshal Service Manager shall provide Professional Golf Courses Marshal Services. Manager shall submit for the Director's approval a schedule setting forth hours of operation for courses marshaling. Any curtailment or decrease of this service is subject to the prior written approval of the Director. E. Grounds Maintenance Service Manager shall provide grounds maintenance services, including, but not limited to, the obligations to mow, edge, trim, overseed, 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 ?? and the Manager is required to maintain the golf courses and related areas 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. Manager shall provide a Class A USGA Certified Superintendent at each of the Bayshore/Par 3 and Normandy Shores Gol(Courses full time. F. Food and Bevera2e Services (1) Sale of Food and Bevera2es Manager is hereby authorized and required to sell food and beverages, including beer, wine and alcoholic beverages, on the Golf Courses and within the restaurant(s) in accordance with its proposal and provisions of this Agreement. Manager shall also provide catering services for tournament events or groups utilizing the Golf Courses. In addition, Manager shall maintain all equipment, utilities, and related structures in good working condition in accordance with City standards and manufacturers' recommendations. (2) Davs and Hours of Operation Manager shall open the restaurant for business at 6:00 a.m. each and every day and shall close the restaurant no sooner than thirty (30) minutes after the last golfer has finished play. _The restaurant operations may be modified to extend the closing hour as determined to be in the best interest of the City. 48 Manager shall submit for the Director's approval a schedule setting forth hours of operation for on-courses and restaurant food and beverage services. Any curtailment or decrease of this service is subject to the prior written approval of the Director. The above days and hours of operation shall be complied with unless advance written authorization to deviate from this schedule has been obtained from the Director. (3) Food and Beveral!e Products Manager shall provide and maintain the necessary inventory of food and beverage products required to satisfy the public demand therefor. All such products sold or kept for sale by 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 Manager, and all food and beverage products kept on hand by Manager shall be stored and handled with due regard for sanitation. In the event that Manager's food and beverage products are deemed by the Director to be less than first-class in quality, 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. (4) 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 to Manager and to maintain such license for the duration of the term of this Agreement. G. Advertisinl! and Promotional Materials (1) 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) 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. (2) Credit in Promotional Materials Any advertising or promotional materials promulgated by Manager which contain the words" Miami Beach Golf Courses" or any derivative thereof shall also include the 49 phrase "a unit of the City of Miami Beach" unless specifically approved otherwise by the Director. H. 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 interests of the City to offer the right of first refusal for a particular service to some other concessionaire or person, 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. 2.05 A. Golf Courses Facilities EQuiDment and ImDrovements Manager accepts the Golf Courses facilities in the condition existing when occupancy is granted by City. Manager shall, equip and maintain such facilities with all such appliances and equipment as may be necessary or convenient to Manager's operations hereunder. City shall have no obligation to equip, improve, or maintain such facilities. However, all equipment proposed to be installed or otherwise provided by Manager shall be subject to the inspection and approval of the Director. City shall permit Manager to use whatever City-owned equipment, if any, that City may subsequently place at such facility. Any such 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. Manager shall make no refurbishment or alterations to the 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. Manager shall not execute any chattel mortgage, conditional bill of sale, financing statement, lease or security agreement pertaining to any such improvements, furniture, fixtures, fittings, or equipment in such premises without the prior written consent of the Director. Manager hereby acknowledges the title of City in and to the Golf Courses premises and the improvements located thereon, and covenants and agrees never to assail, contest or resist said title, nor to assert with respect thereto any property interest of Manager. 50 Upon expiration or earlier termination of this Agreement, or at the end of any holding over period pursuant to subparagraph D of Section 2.03, Manager shall surrender the Golf Courses premises and all appurtenances to City in a good state of repair, reasonable wear and tear excepted, and Manager shall repair any damage to such golf courses premises and appurtenances as necessary to the satisfaction of the Director. Manager shall be responsible for any damage caused by any risk which Manager is required to insure against pursuant to Section 2.19. B. Maintenance and ReDair Manager shall be solely responsible for the safety and all maintenance and repair of the Golf Courses premises, equipment and appurtenances thereto, in conformance with and at a service level as outlined in Exhibit B, attached hereto. Manager shall provide and maintain in its employ a Golf Courses superintendent and maintenance crew at each of the premises_of the Bayshore/ Par 3 and Normandy Shores golf courses daily during normal working hours, as determined by City. All of Manager's maintenance personnel shall be supervised by a Class "A" USGA certified 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 City. In regard to emergency services, Manager will provide City 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. Manager shall furnish 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. Manager shall secure the Director's approval of the type of each supply, material, or equipment, supplies and materials shall include, but not be limited to: All golf course(s) maintenance equipment including but not limited to tractors, fairway mowers, greens mowers, tree trimming trucks etc.; each course shall retain and maintain its own inventory and only share highly technical equipment as approved by the Director; All necessary gas, oil, and spare parts for all equipment; All necessary seed, fertilizers, fungicides, insecticides, herbicides, and for greens; Parts necessary for the repair and maintenance of all irrigation systems, and appurtenant equipment; 51 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 courses equipment; Materials for the installation and maintenance of drains; Silica sand for all greens traps and an acceptable substitute for fairway traps on an as-needed basis as determined by the Director. Manager 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 anytime during the term of this Agreement relating to sanitation, public health, safety, or welfare. Manager shall perform acceptable housekeeping and maintain and repair all improvements on the premises. All such maintenance, repairs and replacements shall be of quality equal to or better than the original in materials and workmanship. Manager shall perform proper and timely maintenance. 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. The Director may, at any time, without notice, enter upon the golf courses premises, to determine if repairs, housekeeping and maintenance satisfactory to City are being performed. Regularly scheduled inspections of the premises and Manager's operations authorized herein shall be made by City. The written report of such inspections shall be recorded, retained for reference, and forwarded to Manager upon request. 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 City to Manager's performance under this Agreement and to discuss any problems or other matters as determined by City. Manager shall supply its own janitorial service, including window washing and refuse containers, and shall keep the premises used and occupied by it in a neat, clean, and sanitary condition at all times. Manager shall be further responsible for cleaning and maintaining public restrooms)n the clubhouses and on the golf courses. Restroom maintenance will consist of one complete and thorough cleaning prior to opening each day and a restroom inspection every three (3) 52 hours minimum, with restroom supply restocking and necessary cleaning performed as needed. Manager shall maintain designated areas of the golf Courses driving range, in accordance with provisions listed in Section 2.04(A)(5) of this Agreement. C. Garbae:e and Utilities 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 premises. To the extent feasible and practical, the Manager shall establish and implement a program for the recycling of waste materials accumulated upon the premises, to include food and beverage concession materials and landscape debris. Manager shall timely pay for all electrical power, gas, water, sewer, and telephone services provided to the Golf Courses premises and any and all connection fees and other charges associated therewith. The Manager shall explore and take advantage of any rate savings options offered by utility providers, and implement resource conservation practices related to its operations hereunder where practical. D. Should Manager fail, after ten (10) days' notice from City of the need thereof, to perform its obligations required hereunder, 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 premises and perform Manager's said failed obligations, using any equipment or materials on the premises suitable for such purposes. Manager shall forthwith, on demand, reimburse City for its costs so incurred, including direct and indirect overhead costs as determined by the Director. It is hereby acknowledged by Manager that City does not have any duty, nor shall it be called upon, to make any improvements, replacements or repairs whatsoever to the premise and any structures, improvements, fixtures, trade fixtures, equipment and utilities during the term hereof. E. Capital Improvement Fund (1) Establishment of Fund City shall establish and maintain a "Capital" Improvement Fund. Within the second month of operation pursuant to this Agreement and each month thereafter while this Agreement is in force, Manager shall deposit into that fund a sum equal to five percent (5%) of the gross greens fee revenues for the previous month. 53 (2) Use of Fund Manager may request use of the Capital Improvement Fund for any individual repair, replacement or improvement which is: (1) valued in excess of Ten Thousand Dollars ($10,000.00) including materials and labor; (2) budgeted for and completed within the fiscal year for which it is planned; and (3) approved in advance by City. The Capital Improvement Fund shall not be used for repairs, replacements or improvements valued at less than Ten Thousand Dollars ($10,000.00) unless the use of the Fund for a specific repair, replacement or improvement project is approved in advance by City. (3) Disposition of Unused Funds Any money remaining in the Capital Improvement Fund at the expiration or earlier termination of this Agreement shall be the sole property of City. 2.06 Manal!:er's Personnel Manager's activities and operations at the Golf Courses shall be supervised by one or more active, qualified. competent, and experienced employee(s) of Manager, not younger than 21 years of age. A general manager shall be on site full time during Golf Courses operations; Manager may designate either the P.G.A. Class-A Professional or the Class-A Superintendent as duIy 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 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 ofprofanity._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, back ground checks and other related pre-employment standards deemed appropriate by the City. Manager shall provide an honesty bond for itself and all of its employees and representatives who will be expected to handle cash and/or checks which are the property of City, to protect City in the event of theft of such property. The amount of such bond shall be not less than FIFTY THOUSAND DOLLARS ($50,000.00). Manager shall at all times maintain a high standard of services to the public, to the satisfaction of the Director who shall be the sole judge of the adequacy thereof. Upon written notice by the Director that the conduct of any of Manager's personnel at the Golf Courses is detrimental to the best interests of the public, or to City, Manager shall, within twenty-four (24) hours thereafter, 54 furnish evidence satisfactory to the Director of correction of such deficiency. 2.07 Stamnl!: and Hours of Oneration Manager shall staff its operation with personnel to conduct all operations authorized hereunder, in sufficient number to meet public demand for prompt, courteous, and efficient service. Manager shall adjust the number of its assigned personnel, or its hours of operation, as may be requested from time to time by the Director. 2.08 Notice of Personnel: Chanl!:es Manager shall, in writing, inform the Director of the full name and specific assignment of each of its personnel used in performance of this Agreement. Manager shall thereafter notifY the Director, in writing, within forty-eight (48) hours following any such personnel changes. 2.09 Manal!:ement Fees - Comnensation of Manal!:er A. Base Manal!:ement Fee - Onerations Based on proposal made by Manager and accepted by the City, the Manager will be paid a guaranteed, annual Base Management Fee of$ per fiscal year, payable to Manager in equal monthly installment payments. Each monthly payment of the Base Management Fee shall be due and payable to Manager on the 15th calendar day of each month, with each retained fee payment included and clearly identifiable in the statement of finances submitted to City each month by Manager, as specified in Section 2.13 of this Agreement. B. Incentive Manal!:ement Fee - Onerations Based on proposal made by Manager and accepted by the City, the Manager will be paid an annual Incentive Management Fee of_ %Gross Receipts from Golf Courses operations. Payment of the Incentive Management Fee will be made on an annual basis following year-end adjustments, and will be due to Manager within thirty (30) days after City's receipt of Manager's Annual Financial Statement pursuant to Subparagraph 2.l4(A) of this Agreement. Under no circumstances shall the Incentive Management Fee for the Business Year (October I - September 30) exceed the Base Management Fee for such year. C. Facilitv Caoital Imnrovement Manal!:ement Fee Manager, as 'project manager" for construction of facility capital improvements, is entitled to additional compensation for assumption of responsibility for, and performance of, these 55 project management duties. Based on proposal made by Manager and accepted by the City, the Manager will be paid a Facility Capital Improvement Management Fee based on a percentage of the gross construction value of each such improvement project which Manager oversees and manages to completion. Said fee shall be paid on a monthly basis, in accordance with project construction and payment schedule(s) approved by the Director for each facility capital improvement project. 2.10 Oueratin2 Bud2et Manager is solely responsible for the formulation and implementation of operating programs, business plans, and Operating Budgets for the Golf Courses. Based on the City's fiscal year, Manager shall submit to Director for formal City approval an Operating Budget which provides sufficient details on each budget line item contained therein. It is the Manager's responsibility to monitor its adherence to the Operating Budget on an ongoing basis, and to obtain prior City approval for any significant deviation from the Operating Budget. Any expenditure not formally included in the Operating Budget or approved by City as an Operating Budget adjustment shall be considered a "Manager Expense", for which Manager assumes sole and full responsibility. 2.11 Oueratin2 Sum Ius Pavments Manager shall pay City the Operating Surplus as defined in Section 1.08 each month of the term. Payment will commence on the 15th of the month following the first month of operation, and thereafter not later than the 15th calendar day of each succeeding calendar month throughout the term of this Agreement. Sums paid hereunder are subject to reconciliation and adjustment as provided in Section 2.15 hereto. Manager shall likewise pay City the required Operating Surplus for the final month of this Agreement not later than the 15th day of the calendar month following such final month. In the event of any extension of this Agreement pursuant to subparagraph D of Section 2.02, Manager shall continue to pay City the Operating Surplus pursuant to the terms of this Agreement for such extension period, unless otherwise agreed to by City and Manager. Manager shall submit all such payments at the Office of the Director. Any payment made by check shall be payable to the order of the Treasurer of the City of Miarni Beach. 2.12 Security Deuosit Within ten (10) days after execution of this Agreement, Manager shall deposit with City the sum of ($50,000) Fifty Thousand dollars, either by cash, cashier's check or bond, payable to the Purchasing Agent of the City, as a security deposit for the faithful performance by Manager of the provisions of this Agreement. 56 City is authorized to use the security deposit, or any portion of it, to cure any default of Manager or to compensate City for any damage sustained by City resulting from Manager's default. Manager shall immediately on demand pay to City a sum equal to the portion of the security deposit expended or applied by City as provided in this Section 2.12 so as to maintain the security deposit in the amount initially deposited with City at all times during the term of this Agreement, or any extension thereof. If there is neither default nor damage to the facility or property at the expiration or termination of the term of this Agreement, or any extension thereof, City shall return the security deposit to Manager. City's obligations with respect to the security deposit are those of a debtor and not a trustee. City shall deposit such security deposit in an interest-bearing account and the interest eamed thereon shall be the property of City and shall be used by City for management and promotion of the Golf Courses. City shall not be required to pay Manager any interest on such security deposit. The provisions of this section are not deemed liquidated damages, and the security deposit is not subject to the provisions of Civil Code Section 1950.7, since the primary purpose of this Agreement is not the rental of real property. 2.13 Records and Reports Manager shall prepare and maintain an adequate set of records, in detail and methodology satisfactory to the Director and the City Auditor-Controller, documenting all Manager's Gross Receipts and Operating Expenses pursuant to this Agreement. Such method shall include the keeping of the following records: A. Regular books of accounting, such as generailedgers; B. Cash receipts and cash disbursements journals, including any supporting and underlying documents such as invoices, vouchers, checks, tickets, bank statements, etc.; C. State and Federal income tax returns and sales tax returns and checks and other documents proving payment of sums shown, which City shall keep in confidence; D. 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. E. Annual inventory of equipment, merchandise and other related materials. (1) Manager 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 57 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, 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. E. Any other reporting records that the Director deems necessary for proper reporting of receipts and disbursements. If at any time the Director or the City Auditor 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. Concurrent with submittal of the monthly payment of the Operating Surplus, Manager shall submit to the Director a written report, in a format and in detail satisfactory to the Director, of all Manager's Gross Receipts from all operations at the Golf Courses, Clubhouses and related facilities during the preceding calendar month. Such report shall include, without limitation, a daily breakdown of such Gross Receipts. F. Preparation of Operating Budgets: G. 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; H. Maintenance of accounting records and preparation of annual fmancial statements of the Golf Courses and related facilities in accordance with generally accepted accounting principles, consistently applied, including all required footnotes and disclosure. 2.14 Financial Statement and Miscellaneous ReDorts In addition to such other reports as may be required by this Agreement, Manager shall submit the following reports to City: A. 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 Receipts, commissions and other income derived therefrom. Such financial statement shall be compiled by an independent certified public accountant, and shall be in a format, and in detail, satisfactory to the Director. 58 Such accounting shall include a reconciliation of the Operating Surplus paid and payable by Manager for such period pursuant to Section 2.11, a balance sheet, income statement, statement of cash flows, and all applicable footnotes. B. Miscellaneous Reoorts 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. 2.15 Reconciliation of Ooerannl!: Surnlus Manager is required to provide the City with a monthly report of Operating Surplus. The City will reconcile this report with starter sheets and other source documents to determine if all Gross Receipts have been included in the report. The Operating Surplus report will also be analyzed to determine if expenditures are reasonable based on submitted operating budgets. If an error is found, the City will contact the Manager immediately. The resulting difference will either be added to or subtracted from the subsequent month's Operating Surplus payment. At the end of each Business Year (October 1 - September 30), the Operating Surplus paid by the Manager for such year shall be reconciled with the amount of Operating Surplus due and payable hereunder for such Business Year, as determined from the annual statement provided to City by Manager, pursuant to Section 2.14. If such reconciliation shows a balance due City, or an excess paid by Manager to City, Manager shall pay City such balance due, or City shall credit or repay such excess to Manager, whichever is applicable, within thirty (30) days following City's receipt of Manager's financial statement submitted in the manner provided herein. 2.16 Retention of Records 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. 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. 2.17 Audit and Access to Manal!:er's Records 59 Upon written notification by City, Manager shall make all of its financial records 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 its 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. 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 by the annual financial statement submitted by Manager pursuant to Section 2.14. If any such inspection and audit establish that additional Operating Surplus funds are due to City, Manager shall pay the same within thirty (30) days following demand therefor from City with interest from the date such amount was due City, but not paid, at an annual rate often percent (10%) per annum. In the event ofa 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. Manager further agrees to allow City to review its financial records and books on the Golf Courses and clubhouses operations. 2.18 Permits and Licenses 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 following award of this Agreement, Manager shall furnish the Director with copies of all such permits and licenses. 2.19 Insurance Manager shall procure and maintain for the duration 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 the Manager, its agents, representatives or employees. City shall retain the right at any time to review the coverage, form, and amount of the insurance required 60 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 is required. See Insurance Check List for applicability to this contract. A. The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The Contractor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Contractor is acting as an independent contractor. B. The Contractor, at all times during the full duration of work under this contract, including extra work in connection with this project, shall meet the following requirements: 1. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. 2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the Contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. 3. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. 4. Maintain any additional coverage required by the City as indicated on the Insurance Check List. 5. Name the City of Miami Beach as an additional insured on all liability policies required by the Contract. When naming the City of Miami Beach as an additional insured, the insurance companies shall agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. 6. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City. 61 7. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida, and those companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. 8. Original signed Certificates ofInsurance, evidencing such coverage and endorsements as required herein, shall be filed with and approved by the City before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. 9. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City possesses that may apply to a loss resulting from the work performed in the Contract. C. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $2,000,000 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits arising out of any and all acts or omissions by the Contractor, its agents, servants, or employees, or through the mere existence of the project under contract." The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City, its officers, agents, and employees, as determined by a court of competent jurisdiction. 1. The Contractor will notify its insurance agent without delay of the existence of the Hold Harmless Agreement contained within the Contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. 2. The Contractor 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. D. 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 Contractor. No deductibles will be allowed in any policies issued on the Contract unless specific safeguards have been established to assure an adequate fund for payrnent of deductibles by the insured and approved by the City. 62 E. Compliance by the Contractor with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor of its liabilities and obligations under any Section or provision of the Contract. F. Insurance coverage required shall be in force throughout the contract term. Should the Contractor fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the Contract term, the City shall have the right to consider the Contract breached and declare a default by the Contractor. G. If the Contractor does not meet the insurance requirements of the specifications, alternate insurance coverage, satisfactory to the City, may be considered. 63 xxx 1. xxx 2. xxx 3. xxx 5. xxx 7. xxx 8. xxx 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Commercial General Liability (occurrence form), limits ofliability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000.00 each occurrence -ownedlnon-ownedlhired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverage. 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 _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond _ Other-Professional Liability $ $ $ $ $ $1,000,000 Thirty (30) days written cancellation notice required. A rating ofB+:VI or better in Best's Key Rating Guide, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may by required within five (5) days after bid opening. Bidder Signature of bidder 64 2.20 Earlv Termination of Al!:reement A. 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 shall terminate: provided, however, the Director shall be authorized to immediately terminate this Agreement, without serving such notice of default to Manager, upon the happening of any of the following events: (I) The failure of Manager to maintain in full force and effect all forms of insurance required hereunder. (2) The failure of Manager to maintain in full force and effect any permit, license, or PGA Class A Golf Pro rating required hereunder. (3) Any sale, transfer, or assignment by Manager of any right, license, privilege, or duty granted to or imposed upon it hereunder. (4) A major breach of service including, but not limited to, insufficient hours of operation or health or safety violations which cause or may cause facility closure. B. If, in the event Manager carmot 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 marmer deemed appropriate by the Director for City's benefit and the public's best interests, without any liability therefore to Manager. 2.21 Citv Ril!:ht to Terminate Al!:reement Notwithstanding any provision herein to the contrary, including the period of the term set forth in Section 2.03, if the City determines it to be in the best interests of the City to terminate this Agreement, the City may, acting through the Director, terminate this Agreement and the term thereof, without penalty or cause, in the City's sole discretion, at the end of the first three (3) calendar years of the term of this Agreement, and upon ninety (90) days' written notice of intent to terminate pursuant to this Section 2.21 given to Manager. 2.22 Onerator's Non-Comnliance and Liauidated Dama~es A. If the Director determines that there are deficiencies in Manager's performance of the Golf Courses operations authorized and required herein, the Director will provide, as specified in Section 2.20 herein, a written notice to the Manager to correct said deficiencies within specified time frames. B. In the event that Manager fails to correct the deficiencies within the prescribed time frames the Director may, at his option: (I) use the Contract Security provided for herein in Section 2.12; (2) exercise its rights of entry pursuant to Section 2.05(D) herein; and/or (3) assess liquidated 65 damages pursuant to the schedule hereinafter listed. C. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the Manager to comply with the obligations for Golf Courses operations and maintenance herein required, authorized, and specified in Section 2.04. The parties hereby agree that under the circumstances a reasonable estimate of such damage is..i _ per day for each day the deficiencies exist, and that Manager shall be liable to City for liquidated damages in said amount. 2.23 Golf Courses Evaluation Renort: A. 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 buildings thereon is of primary importance to both parties. As this Agreement (particularly Exhibits 8 and D) specifies the standards of performance deemed necessary for proper maintenance and services, City and Manager will develop a Golf Courses Evaluation Report to document Manager's performance pursuant to those standards. B. City Golf Courses 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). 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 of the premises. C. The Director reserves the right to modify, update, and/or amend the general content and format of the Golf Courses Evaluation Report forms in order to provide for a suitable instrument for the documentation of Manager's performance. 2.24 Director's Insnection Manager shall provide golf cart(s) for inspection of the golf courses by the Director and others as determined by the Administration. The inspection shall occur not less than annually or more frequently than monthly. The inspection shall also cover Manager's pro shop and food and beverage area and shall include a briefing on the Golf Courses operations by Manager. 2.25 Non-assimabilitv 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. 66 2.26 Conflict ofInterest Manager represents that neither it nor any of its officers, partners or employees have a financial interest, as defmed in Section 87103 of the Government Code, in the subject matter of this Agreement, other than the right to receive payment from City for the services performed. 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 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 Fees/Compensation to Manager specified in Section 2.09 herein. ARTICLE III GENERAL CONDITIONS 3.01 Authority ofthe 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 hereunder. 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. 3.02 Consent Whenever the consent or approval of either the Mayor and Members of the City of Miami Beach Commission or the City Manager is required or authorized hereunder, such consent or approval shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed. 3.03 Time of the Essence Time is of the essence in the performance of this Agreement. 3.04 Indeoendent Contractor A. It is understood and agreed that Manager (including Manager's employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto. Manager's assigned personnel 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 67 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. B. 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. C. If, in the performance of this agreement, any third persons are employed by Manager, such person 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. D. It is further understood and agreed that as an independent contractor and not an employee of City, neither the 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. E. 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 terms and conditions of this Agreement. 3.05 Indemnification of City The Manager shall indemnify, defend, and hold harmless City, its officers, agents, employees, and representatives from any and all claims, losses, liabilities, or damages, demands and actions including payment of reasonable attorneys' fees, arising out of or resulting from the performance of this Agreement, caused in whole or in party by any negligent or willful act or omission of the Manager, its officers, agents, employees, representatives, or anyone directly or indirectly acting on behalf of the Manager, regardless of whether caused in part by a party indemnified hereunder. 3.06 Release of Liabilitv City shall not be liable for, and is hereby released from, any and all liability to Manager, Manager's insurance carrier, 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 act of negligence of City, its officers, employees, or agents. 68 Further, 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 and related facilities. City shall have no liability or responsibility whatsoever, and Manager shall make no claim against City, with respect to such matters. 3.07 Taxes 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. (a) Possessorv Interest Under this Agreement a possessory interest subject to property taxation may be created. Notice is hereby given pursuant to Revenue and Taxation Code Section 107.6 that such possessory interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. Also, the interest created by this Agreement may be subject to special taxation pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing at Section 53311, of Part 1, Division 2, Title 5 of the Government Code) and a party in whom a possessory interest is vested ?esv? be subject to the payment of special taxes levied on such interest pursuant to such Act. ???? According to bond counsel this is a Calf. reference, not Florida. (b) Rie:ht 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 property 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, and City shall not be obligated to cooperate therewith. 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. 3.08 Sims Manager shall place no sign, emblem, or advertising, of any kind or character, at or 69 on the Golf Courses, clubhouses or other facilities without the advance written approval of the Director. 3.09 Notices Any notice, demand, request, consent, or approval, that either party mayor is required to give the other, shall be in writing and shall be either personally delivered or sent by prepaid first class mail addressed as follows: TO MANAGER: TO CITY: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7010 3.10 Golf Courses Promotion Manager agrees to advertise and promote the facilities operated by the Manager to foster a favorable business environment, stimulate patronage, and support City efforts to maximize use of the Golf Courses. In furtherance of this purpose, Manager agrees to advertise in the Department of Parks and Recreation newsletter four times armually and to participate in other promotional events of the Department as requested by the Director. Manager agrees to sponsor at least one golf tournament event per year, with proceeds to benefit the Miami Beach Parks and Recreation Youth Scholarship Fund. 3.11 Notice of Claims and Suit City and Manager shall each give the other prompt and timely written notice of any personal injury or accident claim for in excess of one Thousand and Noll OOth Dollar ($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 connected with 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. 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, 70 and, if given within ten (10) calendar days following the date of service of process upon either party with respect to any such lawsuit. 3.12 Emolovee Parkin!!: 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. 3.13 Aoolicable 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. 3.14 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." 3.15 Equal Opportunity The City is an Equal Opportunity Employer. Manager shall comply with Federal, State, and City Equal Employment opportunity requirements. A. Eaual Emolovment Oooortunitv Manager shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, in violation of the law. Manager shall take affirmative action, as necessary, to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, in violation of the law. Such action shall include but not be limited to the following: Employment, layoff or termination: rates of payor other forms of compensation; and selection for training, including apprenticeship. 3.16 Comoliance Manager shall comply with all applicable federal, state, and City statutes, ordinances, regulations, directives, and laws and this contract shall be deemed to be executed within the State 71 of Florida and construed with and governed by the laws of the State of Florida. 3.17 No Warranty Re Golf Courses 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.. 3.18 Entire A!!:reement 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. 3.19 Nonwaiver of Ri!!:hts 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. 3.20 Force Maieure The City shall not be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reason of strike, boycott, labor dispute, embargo, or shortage of energy or materials. Neither City nor Manager shall be deemed in violation of this Agreement if either is prevented from performing any of its obligations hereunder by reason of acts of God, acts of a public enemy, acts of superior governmental authority, weather conditions, riot, rebellion, sabotage, or any other circumstances for which it is not responsible or which are not reasonably within its control. 3.21 Headlines 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 marmer the terms and provisions hereof or the interpretation or construction thereof. 72 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. CITY OF MIAMI BEACH a political subdivision of the State of FLORIDA (CITY) By: City Manager By: Title: Title: "Manager" (SEAL) ATTEST: City Clerk 73 CITY OF MIAMI BEACH BAYSHORE GOLF COURSE MIAMI BEACH, FLORIDA MAINTENANCE CONDITIONING & MINIMUM EQUIPMENT NEEDED STANDARDS REPORT MAY, 2000 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 PREPARED BY: TERRY BUCHEN GOLF AGRONOMY INTERNATIONAL 4772 WILLIAMSBURG GLADE WILLIAMSBURG, VIRGINIA 23185-2113 USA 757-253-0900 OFFICE 757-220-3001 FAX 74 www.!!:olfagronomv.com tbuchen@erols.com REPORT # 00-40027 Maintenance Conditionin!!:& Minimum Eauipment Needed Standards: Please Note: All Equipment listed is for mandatory usage and all quantities listed are the mlmmum amounts reauired to provide the desired Maintenance Conditioning Standards. GREENS: . Grass Tvoe: Georgia Certified TifEagle Bermudagrass. . Mower Tvoe & Rollers: Six- (6) Walk-Behind Greens Mowers with Whiele Tournament Rollers used Year Round. Cleanup 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) Walk-Behind Greens Mower Equipped With Groomers. Grooming Required Minimum of Three- (3) Days Per Week Year Round. . Mowinl!: Heil!:ht: . Summer: 1/8 -1/10 Inches. . Winter: 118 -1/10 Inches. . Mowing Directions: Seven- (7). . Mowinl!: Freauencv: . 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 Cliooing Disoosal & Where: Dispose of in Trash Dumpster. . Stimometer Reading: . Summer: 9-10 Feet; 9- Foot Minimum Speed. . Winter: 9-10 Feet; 9- Foot Minimum Speed. . Aerified: . Aerifier Tvoe & Ouantities: Two- (2) Walk-Behind Greens Aerifiers. . How Often: Three- (3) Times Per Year; May, July, September. . Coring Size: Yz- Inch Diameter Coring Tines Only. . Aerifier Plug: Physically Remove Aerifier Plugs From Green Surface. . Hvdroiect: One- (1) Toro Hydroject Aerifier; One- (1) Time Per Month Year Round. . Toodressing: 75 . Routine Topdressing: One- (1) Time Every Week Year Round; Using Original Greensmix. . Fill Aerifier Holes with Topdressing & What Kind: Yes; Using Original Greensmix. . Topdressing EQuipment & Ouantities: Two- (2) Truckster Mounted Topdressing Machines. . Drag In Toodressing: Use One- (1) Inch Square Mesh Steel Drag Mat Measuring 6' x 8'. . Spiking: . How Often: One- (1) Time Per Month Year Round; Topdress Afterwards. . Tvoe Spiker & Ouantity: One- (1) Set Triplex Greens Mower Mounted Spiker Attachments. . Verticuttim!: . How Often: Every Two- (2) Weeks March Through November. . Direction(s): Four- (4). . Tvoe Verticutter & Ouantitv: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments With Grass Catchers. . Brushing: . How Often: As Needed. . Tvpe Brush & Ouantitv: Six- (6) Brush Attachments Mounted On All Walk Behind Greens Mowers. . Tournament Roller: . How Often: Two To Three- (2-3) Times Per Week. . Tvpe & Ouantitv: Two- (2) Side To Side Tournament Speed Rollers. . Growth Retardants: . How Often: Every 3-4 Weeks March Through November Following AU Label Directions. . Chemical Used: Primo. . Poa Annua Control Measures: . How Often: As Needed By Following All Label Directions. . Chemical Used: Kerb Herbicide. . Diseases: . Integrated Pest Management OPM) Program: Yes. . Preventative Program: As Needed. . Curative Action: As Needed. . . Weeds: . Program: Post Emergence As Needed. . PreEmergence Herbicides & PrOl!ram: Not Needed. . Nematodes & Program: Preventative & Curative Program As Needed By Following All Label Directions. 76 . Mole Crickets & Prol!ram: Chipco Choice Curative Program As Needed By Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . pH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: No More Than \4- Inches Thick. . Watering Practices: Use Probes To Check Soil Moisture; Water Deep & Infrequently Whenever Possible. . Hand Watering: As Needed. . Spike less Golf Shoe Policy: Yes. . When Initiated: At Grand Opening Of Golf Course. . Collars: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mowing Height: JI,- Inch - Same As Fairways - Year Round. . Width: Thirty- (30) Inches Wide. . Mower Ouantitv. Tvpe & Rollers: Two- (2) Walk Behind Greens Mowers With Whiele Rollers. . Mowing Freauencv: Three- (3) Days Per Week (MWF). . Mowing Direction: Both Directions. . Aerification: Same As Greens. . Toodressing: Same As Greens. . Verticutting: Same As Greens. . Fertilitv: Same As Greens. . Miscellaneous Maintenance Practices: Check For Proper Width As Needed. . Approaches: . . . Grass Tvpe: GeorgiJ Certified Tifway 419- Bermudagrass. Mowinl! Height: JI,- Inch - Same As Fairways - Year Round. How Far In Front Of Green Is Approach Mowed: Varies With Each Golf Hole. . Mower Ouantitv. Tvoe & Roller: Two- (2) Triplex Greens Mowers With Whiele Front Rollers and Solid Rear Rollers, With Roller Scrapers. . Mowing Freauencv: Three- (3) Days Per Week (MWF). . Mowing Direction(s): Four- (4), Cross Cutting One- (1) Time Per Week. 77 . . . . . Aerification: Same As Fairways. TODdressing: Same As Fairways. Verticutting: Same As Tees. Fertility: Same As Fairways. Miscellaneous Maintenance Practices: Hydroject Aerified As Needed. . Hole Locations: . Changed How Often: Seven- (7) Days Per Week Year Round. . Chart or Svstem Used: 9- Position Hole Location Chart For Each Green. . CUDS: . ~: Metal Only. . Painted & Exhanged How Often: Every Other Week Year Round. . Flagsticks: . Height: Eight- (8) Feet. . Diameter: Y2- Inch. . Color: Florescent Yellow Tournament Flagstick. . Made Of: Fiberglass. . Ferrule: Notched. . Manufacturer: Par Aide or Standard. . Hole Location Svstem: 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. . Overseeding Winter Program: None. TEEING GROUNDS: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Ouantities. TVDe & Rollers: Two- (2) Triplex Greens Mowers With Whiele Tournament Front Rollers & Solid Rear Rollers, With Roller Scrapers, Year Round. . Mowing Heil!ht: . Summer: Y2- Inch. . Winter: Yz- Inch. . Mowing Directions: Four- (4), Cross-Cutting One- (1) Time Per Week. . Mowing Freauencv: 78 . Summer: Three- (3) Days Per Week (MWF). . Winter: Three- (3) Days Per Week (MWF). . Grass Clio ping Removal: . Grass Catchers Used: Yes - All Year Round. . Aerified: . How Often: Two- (2) Times Per Year During July & September. . Aerifier Tines & Size: 3/4- Inch Diameter Coring Tines Only. . Aerifier Plug: Physically Remove Aerifier Plugs From Tee Surface. . Aerifier Tvoe: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . Toodressing: . How Often: Every Other Week Year Round. . Laser Leveled: One- (1) Time Per Year During Summer Months Only With Straight Sand. . Tvpe: Same Sand Only As Used In Original Greensmix. . Fill Aerifier Holes with Toodressinl!: & What Kind: Yes; Same Sand Only As Used In Original Greensmix. . Topdressinl!: Eauioment & Ouantities: Two- (2) Truckster Mounted Topdressing Machines. . Drag In Toodressing: Use One- (1) Inch Square Mesh Steel Drag Mat Measuring 6' x 8'. . Tee Yardage Plaaues Mounted Below Turf Surface: . Edged How Often: Every Other Week Year Round. . Soiking: . How Often: One- (I) Time Per Month Year Round; Topdressing Afterwards. . Tvoe Soiker: One- (1) Set Triplex Greens Mower Mounted Spiker Attachments. . Verticutting: . How Often: Two- (2) Times Heavily During Summer (June & August); Every Other Week Routine Verticutting Year Round. . Tvoe Verticutter: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments. . Soil Added To Divots: . Freauencv & Soil Tvoe: Seven- (7) Days Per Week Year Round; Straight Sand-Same Sand Used In Greensmix. . Soil Onlv Bottles on Golf Carts: Yes; Two- (2) Per Golf Cart. . Soil Onlv Containers on Par 3's: Yes; Adjacent To Every Set Of Tee Markers. . Growth Regulator: . How Often: Every 3-4 Weeks March Through November Following All Label Directions. . Chemical Used: Primo. . Diseases: . IPM: Yes. 79 . 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. . PreEmergence Herbicide(s) & Program: Spring and Fall; Rhonstar, Alternating With Dimension, Barricade or Surf1an - Following All Label Directions. . Poa Annua Control Measures: . How Often: As Needed. . Chemicals Used: Kerb Herbicide Following All Label Directions. . Nematodes & Program: Preventative & Curative Program As Needed By Following All Label Directions. . Mole Crickets & Program: Chipco Choice As Needed By Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . DH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: No More Than \1,- Inch Thick. . Watering Practices: Deep and Infrequently To Promote A Good Root System. . Hand Water: As Needed. . Where DisDosed: Trash Dumpster. . Tee Markers: . Changed How Often: Seven- (7) Days Per Week Year Round. . Overseeding Winter Program: None. FAIRWAYS: . Grass TVDe: Georgia Certified Tifway 419- Bermudagrass. 80 . Mower Ouantitv. Tvoe & Rollers: Three- (3) Five- (5) Plex Medium Weight Fairway Mowers With Whiele Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round. . Mower Used For Cleanup Laps & Freauencv Used: Same Mower If No Wear Pattern Exists; Triplex Greens Mower If Wear Pattern Exists Anytime Year Round. . Mowin~ Height: . Season: Y2- Inch Year Round. . Mowing Direction: . Fairwavs: Four- (4); Cross Cut One- (1) Time Per Week Year Round. . Mowing Freauencv: . Summer: Three- (3) Days Per Week (MWF). . Winter: Three- (3) Days Per Week (MWF). . Grass Clipoings: 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 (June & 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: . How Often: Two- (2) Times (June & August) Per Year. . Thickness: 3/8- Inch Thick For Each Topdressing Application. . Fill Aerifier Holes with Topdressing: Yes. . Sand Tvpe: Use Florida DOT Specification Topdressing Sand. . 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. . Tvoe Spiker & Ouantitv: One- (1) Three Point Hitch Or Tow Type Large Area Fairway Spiker. . Verticutting: . How Often: One- (1) Heavy Verticutting In May Every Year. . Tvoe Verti-cutter: One- (1) Set Five Plex Fairway Mower Mounted Verticut Units Or Contract Out. . Growth Regulators: . How Often: Every 3-4 Weeks March Through November Following All Label 81 Directions. . Chemical Used: Primo. . 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. . PreEmergence Herbicide Program: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Nematode Program: Preventative & Curative As Needed By Following All Label Directions. . Mole Cricket Program: Chipco Choice Program By Following All Label Directions. . Poa Annua Control Measures: . How Often: As Needed By Following All Label Directions. . Chemical Used: Kerb Herbicide. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . DH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Frequencv: Four- (4) Times Per Year. . Thatch Levels: %- Inch Maximum. . Watering Practices: Deep and Infrequently To Promote A Good Root System. . 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. . Soil Bottles On Golf Carts: Two- (2) Per Each Golf Cart - Soil Only. . Drag Dew in Mornings: . Freauencv: Any Time Fairways Are Not Mowed, Including Weekends. 82 . Sprinkler Head Yardage: . Edging Program: Every Three- (3) Weeks Year Round. . Yardage Markers: . Edging Program: Every Three- (3) Weeks Year Round. ROUGHS: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Tvoes: 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 \4"-1 Yz ". . Mowing Direction: Randomly. . Mowing Freauencv: One- (1) Time Per Week Minimum - Spot Mow Second Time Each Week As Needed Year Round. . Grass Clipping Disposal & Where: None. . Aerified: . How Often: Two- (2) Times Per Year. . Aerifier Tines & Size: 3/4- Inch Diameter Coring Tines Only. . Aerifier Plug: Physically Drag Aerifier Plugs Into Roughs Surface And Remove Debris With VacuurnlSweeper. . Aerifier Tvoe: 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. . Tvoe Spiker: One- (1) Three Point Hitch Or Tow Type Large Area Fairway!Rough Spiker. . Verticutting: . How Often: One- (1) Heavy Verticutting In May Every Year Same Time As Fairways. . Tvpe Verti-cutter: One- (1) Set Five Plex Fairway Mower Mounted Verticut Units Or Contract Out. . Diseases: 83 . 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. . PreEmergence Herbicide Program: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Nematode Program: Preventative & Curative As Needed By Following All Label Directions. . Mole Cricket Program: Chipco Choice By Following All Label Directions. . Poa Annua Control Measures: . How Often: As Needed By Following All Label Directions. . Chemical Used: Kerb Herbicide. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . oH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauency: Four- (4) Times Per Year. . Thatch Levels: One- (1) Inch Maximum. . Watering Practices: Deep And Infrequently To Promote A Good Root System. . Hand Water: As Needed. . OverseedinJ?: Winter Program: None. . Soil Added To Divots: . How Often: One- (1) Time Per Month Year Round. . Soil Bottles On Golf Carts: Two- (2) Per Each Golf Cart - Soil Only. . Sprinkler Head Yardage & Edging Program: Same As Fairways. WALK PATHS: . Location: Between Front of Championship Tees Connecting Each Tee and Proceeding To The 84 Beginning of Each Fairway. . Width: 6-8 Feet Wide. . Mower Ouantitv. Tvpe & Rollers: Same Two- (2) Riding Greens Mowers Used For Tees. . Mowing HeilJht: Yz- Inch Year Round. . Mowinl;! Frequencv: Three- (3) Days Per Week (MWF). . Mowing Direction: Alternating Back And Forth. . All Other Maintenance Practices: Same As Fairways. SHORT ROUGH - INTERMEDIATE CUT OF ROUGH: . Location: One Mower Width Around The Entire Fairway And Greens Areas. . Width: 6-8 Feet Wide. . Mower Ouantitv. Tvoe & Rollers: Two- (2) Utility Triplex Mowers With Whiele Front Rollers. . Mowing Heil;!ht: One- (1) Inch Year Round. . Mowing Freauencv: Three- (3) Days Per Week (MWF). . Mowing Direction: Alternating Clockwise and Counter Clockwise. . All Other Maintenance Practices: Same As Roughs. BUNKERS: . Bunker Rakes: . Manufacturer: Accuform Tournament Rake. . Average Per Bunker: 3 - Approximately Every Twenty- (20) Feet. . Where Are Bunker Rakes Placed: Outside Of Bunker. . Maior Edging: . How Often: One- (1) Time Per Month Year Round. . Tvoe Edger: Side Walk Edger Blade On String Line Trimmer Or Reciprocator Type Edging Machine. . Routine Edging: . How Often: One- (1) Time Per Week. . Tvoe Edger: Five- (5) String Line Trimmers For Roughs - With Trimming Head Upside Down During Edging. . Sand Depths: . Slopes: Two- (2) Inches. . Bottoms: Four- (4) Inches. . How Often Deoths Checked: One- (1) Time Per Year Minimum During Summer Months. . When To Add Sand: From May Through October Only. . Raking: . Freauencv: Seven- (7) Days Per Week Year Round. . Riding Bunker Rake & Ouantities: 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 Onlv: Yes, So Golfers Do Not Putt Out Of Bunkers. 85 . Raked UP To Edge Evervwhere Else On Greenside & Fairwav Bunkers: Yes. . Stones or Foreign Debris: Remove Weekly As Needed Year Round. . Weeds & Program: Remove On Weekly Basis Year Round. . Turf Surrounding Bunker Tvpe: Georgia Certified Tifway 419 Bermudagrass. . Bunker Faces-How Mowed & Frequencv: Flymos & String Line Trimmers; 1- Times Per Week; Spot Mow A Second Time As Needed. . Bunker Surrounds-How Mowed & Freauencv: Two- (2) Triplex Utility Rough Mowers; 1- Time Per Week; Spot Mowed A Second Time As Needed. DRIVING RANGE TEE: . Grass Type: Georgia Certified Tifway 419- Bermudagrass. . Mower Quantities. Tvoe & Rollers: Two- (2) Triplex Greens Mowers With Whiele Tournament Front Rollers & Solid Rear Rollers, With Roller Scrapers, Year Round. . Mowing Height: . Summer: Y2. Inch. . Winter: Y2- Inch. . Mowing Directions: Four- (4), Cross-Cutting One- (1) Time Per Week. . Mowing Frequencv: . Summer: Three- (3) Days Per Week (MWF). . Winter: Three- (3) Days Per Week (MWF). . Grass Clioping Removal: . Grass Catchers Used: Yes - All Year Round. . Where Disposed: Trash Dumpster. . Tee Yardage Plaaues Mounted Below Turf Surface: . Edged How Often: Every Other Week Year Round. . Aerified: . How Often: Two- (2) Times Per Year July & September. . Aerifier Tines & Size: 3/4- Inch Diameter Coring Tines Only. . Aerifier Plug: Physically Remove Aerifier Plugs From Tee Surface. . Aerifier Tvoe: 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 During Summer Months Only. 86 . Straight Sand: Same Sand As Used In Original Greensmix. . Fill Aerifier Holes with Topdressing & What Kind: Yes; Same Sand As Used In Original Greensmix. . Spiking: . How Often: One- (1) Time Per Month Year Round; Topdressing Afterwards. . Tvoe Soiker: One- (1) Set Triplex Greens Mower Mounted Spiker Attachments. . Verticutting: . How Often: Two- (2) Times Heavily During Summer (June & August); Every Other Week Year Round. . Tvpe Verticutter: One- (1) Set Triplex Greens Mower Verticut Attachments. . Soil Added To Divots: . Freauencv & Soil Tvoe: Seven- (7) Days Per Week Year Round; Straight Sand-Same Sand Used In Greensmix. . Diseases: . IPM: Yes. . Preventative Program: As Needed. . Curative Program: As Needed. . Growth Regulator: . How Often: Every 3-4 Weeks March Through November Following All Label Directions. . Chemical Used: Primo. . Weeds & Program: . PreEmergence Herbicide(s) & Program: Spring and Fall; Rhonstar, Alternating With Dimension, Barricade or Surflan - Following All Label Directions. . Poa Annua Control Measures: . How Often: As Needed Following All Label Directions. . Chemicals Used: Kerb Herbicide. . Nematodes & Program: Preventative & Curative Program As Needed By Following All Label Directions. . Mole Crickets & Program: Chipco Choice As Needed By Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . pH: . Liming: As Needed. . Sulfur: As Needed. 87 . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: No More Than \1,- 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 Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Ouantitv. Tvoe & Rollers: Three- (3) Five- (5) Plex Medium Weight Fairway Mowers With Whiele Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round. . Mower Used For Cleanuo Laos & Freauencv Used: Same Mower If No Wear Pattern Exists; Triplex Greens Mower If Wear Pattern Exists Anytime Year Round. . Mowing Heilzht: . Season: \1,- Inch Year Round. . Mowing Direction: . Fairwavs: Four- (4); Cross Cut One- (1) Time Per Week Year Round. . Mowinl! Freauency: . Summer: Three- (3) Days Per Week (MWF). . Winter: Three- (3) Days Per Week (MWF). . Grass Cliooings: 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. . 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 Tvpe: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . Toodressing: None. 88 . Growth Regulators: . How Often: Every 3-4 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. . PreEmergence Herbicide Program: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Nematode Program: Preventative & Curative As Needed By Following All Label Directions. . Mole Cricket Program: Chipco Choice Program By Following All Label Directions. . Poa Annua Control Measures: Kerb Herbicide As Needed Following All Label Directions . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . oH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Preauencv: Two- (2) Times Per Year. . Watering Practices: Deep and Infrequently To Promote A Good Root System. . Hand Water: As Needed. . Overseeding Winter Program: None. DRIVING RANGE ROUGHS: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower TVDes: 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 89 Contour Type Rotary Mower; Five- (5) Flymo Type Rotary Mowers; Five- (5) String Line Trimmers. . Mowing Height: 1 V."-l Y. ". . Mowing Direction: Randomly. . Mowing Freauencv: One- (1) Time Per Week Minimum - Spot Mow Second Time As Needed Year Round. . Grass Clipoing Disposal & Where: None. . Aerified: . How Often: Two- (2) Times Per Year. . 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 Tvoe: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . Toodressing: . How Often: None. . Diseases: . IPM: Yes. . Preventative Prol!fam: As Needed. . Curative Program: As Needed. . Weeds: . Program: Post Emergence Herbicides As Needed; Golf Course Must Be Completely Weed Free Year Round. . PreEmergence Herbicide Prol!fam: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Nematode Program: Curative As Needed. . Mole Cricket Program: Chipco Choice By Following All Label Directions. . Poa Annua Percentage: . Poa Annua Control Measures: Kerb Herbicide As Needed By Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor 90 Nutrients. . Fertigation: As Needed. . oH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Two- (2) Times Per Year. . Watering Practices: Deep And Infrequently To Promote A Good Root System. . Hand Water: Hoses & Sprinklers & Hand Water With Hoses. . Overseeding Winter Program: None. PRACTICE PUTTING GREENCS) AND CIDPPING 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 Markers. Cuos: Nine- (9) Minimum; Metal Only. . Chiooing Greens Flagsticks: Three- (3) Using Same Specifications As For Regulation 18- Greens. PRACTICE BUNKERS: . Maintenance Practices: Maintained Exactly Like The Bunkers On The Regulation 18- Holes On The Golf Course. BRIDGES & BULKHEADING: . 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. . Seoarate Walking Surface for Soikeless Golf Shoe Technolol!V? Minimum Three- (3) Foot Wide Anti Slip Rubberized Surface Required On All Bridge Surfaces. CART PATHS: 91 . Edged How Often: One- (1) Time Per Month Year Round. . Sweeo Entire Surfaces: As Needed For Clean Appearance. . Curbing Freauencv of Edging: One- (1) Time Per Month Year Round. . 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. 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. LAKES: . 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: 92 . 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. CITY OF MIAMI BEACH NORMANDY SHORES GOLF COURSE MIAMI BEACH, FLORIDA MAINTENANCE CONDITIONING & MINIMUM EQUIPMENT NEEDED STANDARDS REPORT MAY, 2000 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 PREPARED BY: TERRY BUCHEN GOLF AGRONOMY INTERNATIONAL 4772 WILLIAMSBURG GLADE WILLIAMSBURG, VIRGINIA 23185-2113 USA 757-253-0900 OFFICE 757-220-3001 FAX 93 www.golfagronomv.com tbuchen@erols.com REPORT # 00-40028 Maintenance Conditioninl!: & Minimum Eauioment Needed Standards: Please Note: All Equipment listed is for mandatory usage and all quantities listed are the minimum amounts reauired to provide the desired Maintenance Conditioning Standards. GREENS: . Grass Tvoe: Georgia Certified TiIDwarfBermudagrass. . Mower Tvne & Rollers: Three- (3) Triplex Greens Mowers with Whiele Tournament Front & Rear Rollers Used Year Round. Cleanup Laps Mowed with Two- (2) Walk Behind Greens Mowers with Solid Rollers, With Roller Scrapers, Year Round. . Groomers & How Often: All Three- (3) Triplex Greens Mower Equipped With Groomers. Grooming Required Minimum of Three- (3) Days Per Week Year Round. . Mowing Height: 9/64 - 1/8- Inches Year Round. . Mowing Directions: Seven- (7). . Mowing Freauencv: Seven- (7) Days Weather Permitting Year Round. . Grass Clinning & Thatch Removal: . Grass Catchers: Yes; Used All Year Round. . Grass Clinoing & Thatch Disnosal: Trash Dumpster. . Stimnmeter Reading: . Summer: 9-9 \1,- Feet; 9- Foot Minimum Speed. . Winter: 9-9\1,- Feet; 9- Foot Minimum Speed. . Aerified: . Aerifier Tvne & Ouantities: Two- (2) Walk-Behind Greens Aerifiers. . How Often: Three- (3) Times Per Year; May, July, September. . Coring Size: \1,- Inch Diameter Coring Tines Only. . Aerifier Plug: Physically Remove Aerifier Plugs From Green Surface. . Hvdroiect: One- (1) Toro Hydroject Aerifier; One- (1) Time Per Month During December, January, February Every Year. . Tondressing: 94 . Routine Toodressing: Every Other Week Year Round; Using Original Greensmix. . Fill Aerifier Holes with Toodressing & What Kind: Yes; Using Original Greensmix. . Toodressing Eauioment & Ouantities: Two- (2) Truckster Mounted Topdressing Machines. . Drag In Toodressing: Use One- (1) Inch Square Mesh Steel Drag Mat Measuring 6' x 8' . . Soiking: . How Often: One- (1) Time Per Month Year Round; Topdress Afterwards. . Tvoe Soiker & Ouantitv: One- (1) Set Triplex Greens Mower Mounted Spiker Attachments. . Verticutting: . How Often: Every Two- (2) Weeks March Through November. . DirectionCs): Four- (4). . Tvoe Verticutter & Ouantitv: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments With Grass Catchers. . Brushing: . How Often: As Needed. . Tvpe Brush & Ouantitv: Three- (3) Brush Attachment Kits Mounted On All Triplex Greens Mowers. . Tournament Roller: . How Often: Two To Three- (2-3) Times Per Week Year Round. . Tvoe & Ouantitv: Two- (2) Side To Side Tournament Speed Rollers. . Growth Retardants: . How Often: Every 3-4 Weeks March Through November Following All Label Directions. . Chemical Used: Primo. . Poa Annua Control Measures: . How Often: As Needed By Following All Label Directions. . Chemical Used: Kerb Herbicide. . Diseases: . Integrated Pest Management (IPM) Program: Yes. . Preventative Program: As Needed. . Curative Action: As Needed. . Weeds: . Program: Post Emergence As Needed. . PreEmergence Herbicides & Program: Not Needed. . Insects: Eradicated As Needed With Proper Insecticides Following All Label Directions. . Nematodes & Program: Preventative & Curative Program As Needed By Following All Label Directions. 9S . Mole Crickets & Program: Chipco Choice Curative Program As Needed By Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients Required. . Fertigation: As Needed. . oH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: No More Than v..- Inches Thick. . Watering Practices: Use Probes To Check Soil Moisture; Water Deep & Infrequently Whenever Possible. . Hand Watering: As Needed. . Soikeless Golf Shoe Policv: Yes. . When Initiated: At Grand Opening Of Golf Course. . Collars: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mowing Height: 11,. Inch - Same As Fairways - Year Round. . Width: One- (1) Triplex Greens Mower Width (approximately 64- inches wide). . Mower Ouantitv. Tvoe & Rollers: Two- (2) Triplex Greens Mowers With Whiele Front Rollers & Solid Rear Rollers, With Roller Scrapers & Grass Catchers, Year Round. . Mowing Freauencv: Three- (3) Days Per Week (MWF). . Mowing Direction: Both Directions. . Aerification: Same As Greens. . Toodressing: Same As Greens. . Verticutting: Same As Greens. . Fertilitv: Same As Greens. . Miscellaneous Maintenance Practices: Check For Proper Width As Needed. . Aooroaches: . . . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. Mowing Height: 11,- Inch - Same As Fairways - Year Round. How Far In Front Of Green Is Aooroach Mowed: Varies With Each Golf Hole. . Mower Ouantitv. Tvoe & Roller: Two- (2) Triplex Greens Mowers With Whiele Front Rollers and Solid Rear Rollers, With Roller Scrapers & Grass Catchers, Year Round. 96 . . Week. . . . . . Needed. Mowing Freauencv: Three- (3) Days Per Week (MWF). Mowing Direction(s): Four- (4), Cross Cutting One- (1) Time Per Aerification: Same As Fairways. TODdressing: Same As Fairways. Verticutting: Same As Tees. Fertilitv: Same As Fairways. Miscellaneous Maintenance Practices: Hydroject Aerified As . Hole Locations: . Chanl!ed How Often: Seven- (7) Days Per Week Year Round. . Chart or Svstem Used: 9- Position Hole Location Chart For Each Green. . CUDS: . ~: Metal Only. . Freshlv Painted & Exchanged How Often: Every Three- (3) Weeks Year Round. . Flagsticks: . Heil!ht: Eight- (8) Feet. . Diameter: \12- Inch. . Color: Florescent Yellow Toumament Flagstick. . Made Of: Fiberglass. . Ferrule: Notched. . Manufacturer: Par Aide or Standard. . Hole Location Svstem: 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. . Overseeding Winter Program: None. TEEING GROUNDS: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Ouantities. Tvne & Rollers: Two- (2) Triplex Greens Mowers With Whiele Tournament Front Rollers & Solid Rear Rollers, With Roller Scrapers, Year Round. . Mowing Height: \12- Inch Year Round. 97 . Mowing Directions: Four- (4), CrossCutting One- (1) Time Per Week. . Mowing Freauency: Three- (3) Days Per Week (MWF) Year Round. . Grass Cliooing & Thatch Removal: . Grass Catchers Used: Yes - Used All Year Round. . Grass Cliooing & Thatch Disoosal: Trash Dumpster. . Aerified: . How Often: Two- (2) Times Per Year During July & September. . Aerifier Tines & Size: 3/4-lnch Diameter Coring Tines Only. . Aerifier Plug: Physically Remove Aerifier Plugs From Tee Surface. . Aerifier Tvoe: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . Toodressing: . How Often: Every Other W eek Year Round. . Laser Leveled: One- (1) Time Per Year During SUlllIDer Months Only With Straight Sand. . Tvoe: Same Sand Only As Used In Original Greensmix. . Pill Aerifier Holes with Toodressing & What Kind: Yes; Same Sand Only As Used In Original Greensmix. . Toodressing Eauioment & Ouantities: Two- (2) Truckster Mounted Topdressing Machines. . Drag In Toodressing: Use One- (1) Inch Square Mesh Steel Drag Mat Measuring 6' x 8'. . Tee Yardage Plaaues Mounted Below Turf Surface: . Edged How Often: Every Other Week Year Round. . Soiking: . How Often: One- (1) Time Per Month Year Round; Topdressing Afterwards. . Tvoe Soiker: One- (1) Set Triplex Greens Mower Mounted Spiker Attachments. . Verticutting: . How Often: Two- (2) Times Heavily During SUlllIDer (June & August); Every Other Week Routine Verticutting Year Round. . Tvoe Verticutter: One- (1) Set Triplex Greens Mower Mounted Verticut Attachments With Grass Catchers. . Soil Added To Divots: . Preauencv & Soil Tvoe: Seven- (7) Days Per Week Year Round; Straight Sand-Same Sand Used In Greensmix. . Soil Onlv Bottles on Golf Carts: Yes; Two- (2) Per Golf Cart. . Soil Onlv Containers on Par 3's: Yes; Adjacent To Every Set Of Tee Markers. . Growth Regulator: . How Often: Every 3-4 Weeks March Through November Following All Label Directions. . Chemical Used: Primo. 98 . Diseases: . IPM: Yes. . Preventative Prol!ram: As Needed. . Curative Program: As Needed. . Weeds & Prol!ram: . Post Emergence Program: As Needed With Proper Herbicides Following All Label Directions As Golf Course Must Be Weed Free Year Round. . PreEmergence Herbicide(s) & PrOl!:ram: Spring and Fall; Rhonstar, Alternating With Dimension, Barricade or Surflan - Following All Label Directions. . Insects: Eradicated As Needed With Proper Insecticides Following All Label Directions. . Poa Annua Control Measures: . How Often: As Needed. . Chemical Used: Kerb Herbicide Following All Label Directions. . Nematodes & Prol!ram: Preventative & Curative Program As Needed By Following All Label Directions. . Mole Crickets & Program: Chipco Choice As Needed By Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients Required. . Fertigation: As Needed. . oH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: No More Than 11,- 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. FAIRWAYS: 99 . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Ouantitv. Tvoe & Rollers: Three- (3) Five- (5) Plex Medium Weight Fairway Mowers With Whiele Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round. . Mower Used For Cleanuo Laos & Freauencv Used: Same Mower If No Wear Pattern Exists; Triplex Greens Mower If Wear Pattern Exists Anytime Year Round. . Mowing Height: Y2- Inch Year Round. . Mowing Direction: Four- (4); Cross Cut One- (1) Time Per Week Year Round. . Mowing Freauencv: Three- (3) Days Per Week (MWF) Year Round. . Grass Cliooings: 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 (June & 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 Tvoe: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . Toodressing: . How Often: None. . Soiking: . How Often: Every Other Month Year Round. . Tvoe Soiker & Ouantitv: One- (1) Three Point Hitch Or Tow Type Large Area Fairway Spiker. . Verticutting: . How Often: One- (1) Heavy Verticutting In May Every Year. . Tvoe Verti-cutter: One- (1) Set Five Plex Fairway Mower Mounted Verticut Units Or Contract Out. . Thatch Removal: Remove All Removed Thatch And Dispose Of Properly. . Growth Regulators: . How Often: Every 3-4 Weeks March Through November Following All Label Directions. . Chemical Used: Primo. 100 . 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. . PreEmergence Herbicide Program: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Insects: Eradicated As Needed With Proper Insecticides Following All Label Directions. . Nematode Program: Preventative & Curative As Needed By Following All Label Directions. . Mole Cricket Pro2ram: Chipco Choice Prograin By Following All Label Directions. . Poa Amiua Control Measures: . How Often: As Needed By Following All Label Directions. . Chemical Used: Kerb Herbicide. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . pH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: %- Inch Maximum. . Watering Practices: Deep and Infrequently To Promote A Good Root System. . Hand Water: As Needed. . Overseeding Winter Program: None. . Soil Added To Divots: . How Often: One- (1) Time Per Month Year Round. . Soil Bottles On Golf Carts: Two- (2) Per Each Golf Cart - Soil Only. . Drag Dew in Mornings: . Freauencv: Special Events And As Needed On Days When Fairways Are Not Mowed. 101 . Sprinkler Head Yardage: . Edging Program: One- (1) Time Per Month Year Round. . Yardage Markers: . Edging Program: One- (1) Time Per Month Year Round. ROUGHS: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Tvoes: 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 Heiwt: 1 \4"-1 Y, ". . Mowing Direction: Randomly. . Mowing Freauencv: One- (1) Time Per Week Minimum - Spot Mow Second Time Each Week As Needed Year Round. . Grass Clipping Disposal & Where: None. . Aerified: . How Often: Two- (2) Times Per Year (June & 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 Tvoe: 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. . Tvpe Sniker: One- (1) Three Point Hitch Or Tow Type Large Area Fairway/Rough Spiker. . Verticutting: . How Often: One- (1) Heavy Verticutting In May Every Year Same Time As Fairways. . Tvoe Verticutter: One- (1) Set Five Plex Fairway Mower Mounted Verticut Units Or Contract Out. . Diseases: 102 . 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. . PreEmergence Herbicide Program: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Nematode Program: Preventative & Curative As Needed By Following All Label Directions. . Mole Cricket Program: Chipco Choice By Following All Label Directions. . Poa Annua Control Measures: . How Often: As Needed By Following All Label Directions. . Chemical Used: Kerb Herbicide. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . pH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: One- (1) Inch Maximum. . Watering Practices: Deep And Infrequently To Promote A Good Root System. . Hand Water: As Needed. . Overseeding Winter Program: None. . Soil Added To Divots: . How Often: One- (1) Time Per Month Year Round. . Soil Bottles On Golf Carts: Two- (2) Per Each Golf Cart - Soil Only. . Sorinkler Head Yardage Edging Program: Same As Fairways. WALK PATHS: . Location: Between Front of Championship Tees Connecting Each Tee and Proceeding To The 103 Beginning of Each Fairway. . Width: 6-8 Feet Wide. . Mower Ouantitv. Tvoe & Rollers: Same Two- (2) Riding Greens Mowers Used For Tees. . Mowing Height: Y2- Inch Year Round. . Mowing Freauencv: Three- (3) Days Per Week (MWF). . Mowing Direction: Alternating Back And Forth. . All Other Maintenance Practices: Same As Fairways. SHORT ROUGH - INTERMEDIATE CUT OF ROUGH: . Location: One Mower Width Around The Entire Fairway And Greens Areas. . Width: 6-8 Feet Wide. . Mower Ouantitv. Tvoe & Rollers: One- (1) Utility Triplex Mower With Whiele Front Rollers And Solid Rear Rollers With Roller Scrapers Year Round. . Mowing Height: One- (1) Inch Year Round. . Mowing Frequencv: Three- (3) Days Per Week (MWF). . Mowing Direction: Alternating Clockwise and Counter Clockwise. . All Other Maintenance Practices: Same As Roughs. BUNKERS: . Bunker Rakes: . Manufacturer: Accuform Tournament Rake. . Average Per Bunker: 3 - Approximately Every Twenty- (20) Feet. . Where Are Bunker Rakes Placed: Outside Of Bunker. . Maior Edging: . How Often: One- (1) Time Per Month Year Round. . Tvoe Edger: SideWalk Edger Blade On String Line Trimmer Or Reciprocator Type Edging Machine. . Routine Edging: . How Often: Every Other Week Year Round. . Tvoe Edger: Five- (5) String Line Trimmers Used For Roughs - With Trimming Head Upside Down During Edging. . Sand Deoths: . Slooes: Two- (2) Inches. . Bottoms: Four- (4) Inches. . How Often Deoths Checked: One- (1) Time Per Year Minimum During SurDD1er Months. . When To Add Sand: From May Through October Only. . Raking: . Freauencv: Seven- (7) Days Per Week Year Round. . Riding Bunker Rake & Ouantities: Two- (2) All Wheel Drive Three- (3) Wheeled Bunker Rakes. . Hand Rake Edges: Yes; With Metal Leaf Rakes. 104 . Modification of Riding Bunker Rake: Adjust Teeth As Needed To One- (1) Inch Maximum Depth. . 2" Lio Facing Green Onlv: Yes, So Golfers Do Not Putt Out Of Bunkers. . Raked Uo To Edge Evervwhere Else On Greenside & Fairwav Bunkers: Yes. . Stones or Foreign Debris: Remove Weekly As Needed Year Round. . Weeds & Program: Remove On Weekly Basis Year Round. . Turf Surrounding Bunker Tvoe: Georgia Certified Tifway 419 Bermudagrass. . Bunker Faces-How Mowed & Freauencv: Flymos & String Line Trimmers; 1- Time Per Week; Spot Mow A Second Time As Needed. . Bunker Surrounds-How Mowed & Frcouency: Two- (2) Triplex Utility Rough Mowers; 1- Time Per Week; Spot Mowed A Second Time As Needed. DRIVING RANGE TEE: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Ouantities. Tvoe & Rollers: Two- (2) Triplex Greens Mowers Used For Tees and Approaches With Whiele Tournament Front Rollers & Solid Rear Rollers, With Roller Scrapers, Year Round. . Mowing Height: Y>- Inch Year Round. . Mowing Directions: Four- (4), CrossCutting One- (1) Time Per Week. . Mowing Freouencv: Three- (3) Days Per Week (MWF) Year Round. . Grass Cliooing & Thatch Removal: . Grass Catchers Used: Yes - All Year Round. . Where Disoosed: Trash Dumpster. . Tee Yardage Plaaues Mounted Below Turf Surface: . Edged How Often: Every Other Week Year Round. . Aerified: . How Often: Two- (2) Times Per Year (July & September). . Aerifier Tines & Size: 3/4- Inch Diameter Coring Tines Only. . Aerifier Plug: Physically Remove Aerifier Plugs Prom Tee Surface. . Aerifier TV1le: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . Toodressing: . How Often: Every Other Week Year Round. . Laser Leveled: One- (1) Time Per Year During Summer Months Only. . Straight Sand: Same Sand As Used In Original Greensmix. 105 . Fill Aerifier Holes with Toodressing & What Kind: Yes; Same Sand As Used In Original Greensmix. . Soiking: . How Often: One- (1) Time Per Month Year Round; Topdressing Afterwards. . Tvoe Soiker: One- (1) Set Triplex Greens Mower Mounted Spiker Attachments. . Verticutting: . How Often: Two- (2) Times Heavily During Summer (June & August); Every Other Week Year Round. . Tvoe Verticutter: One- (I) Set Triplex Greens Mower Verticut Attachments With Grass Catchers. . Soil Added To Divots: . Frcouencv & Soil Tvoe: Seven- (7) Days Per Week Year Round; Straight Sand-Same Sand Used In Greensmix. . Diseases: . IPM: Yes. . Preventative Prol!ram: As Needed. . Curative Program: As Needed. . Growth Regulator: . How Often: Every 3-4 Weeks March Through November Following All Label Directions. . Chemical Used: Primo. . Weeds: . Post Emergence Program: As Needed With Proper Herbicides Following All Label Directions As The Driving Range Must Be Weed Free Year Round. . PreEmergence HerbicideCs) & Program: Spring and Fall; Rhonstar, Alternating With Dimension, Barricade or Surflan - Following All Label Directions. . Insects: Eradicated As Needed With Proper Insecticides Following All Label Directions. . Poa Annua Control Measures: . How Often: As Needed Following All Label Directions. . Chemical Used: Kerb Herbicide. . Nematodes & Program: Preventative & Curative Program As Needed By Following All Label Directions. . Mole Crickets & Program: Chipco Choice As Needed By Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor 106 Nutrients. . Fertigation: As Needed. . pH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Four- (4) Times Per Year. . Thatch Levels: No More Than Yz- 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 W eek Year Round. . Overseeding Winter Program: None. DRIVING RANGE FAIRWAY: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. . Mower Ouantitv. Tvoe & Rollers: Three- (3) Five- (5) Plex Medium Weight Fairway Mowers With Whiele Front Rollers and Rear Solid Rollers, With Roller Scrapers, Year Round. . Mower Used For Cleanuo Laps & Freauencv Used: Same Mower If No Wear Pattern Exists; Triplex Greens Mower If Wear Pattern Exists Anytime Year Round. . Mowing Height: . Season: Yz- Inch Year Round. . Mowing Direction: Four- (4); Cross Cut One- (1) Time Per Week Year Round. . Mowing Frequency: Three- (3) Days Per Week (MWF) Year Round. . Grass Cliooings: 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 (June & August). . Aerifier Tines & Size: 3/4- Inch Diameter Coring Tines Only. . Aerifier Plug: Physically Drag Aerifier Plugs Into Fairway Surface; Blow Off Plugs Onto 107 Edges And Remove With Vacuum/Sweeper. . Aerifier Tvoe: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . Toodressing: None. . Growth Regulators: . How Often: None. . Diseases: . IPM: Yes. . Preventative Program: As Needed. . Curative Program: As Needed. . Weeds: . Program: Post Emergence Herbicides As Needed Following All Label Directions; Golf Course Must Be Completely Weed Free Year Round. . PreEmefl!ence Herbicide Program: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Insects: Eradicated As Needed With Proper Insecticides Following All Label Directions. . Nematode Program: Preventative & Curative As Needed By Following All Label Directions. . Mole Cricket Program: Chipco Choice Program By Following All Label Directions. . Poa Annua Control Measures: Kerb Herbicide As Needed Following All Label Directions. . Fertilization: . Program: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . oH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Two- (2) Times Per Year. . Watering Practices: Deep and Infrequently To Promote A Good Root System. . Hand Water: As Needed. . Overseeding Winter Program: None. DRIVING RANGE ROUGHS: . Grass Tvoe: Georgia Certified Tifway 419- Bermudagrass. 108 . Mower Tvoes: 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 Used For Golf Course Roughs. . Mowing Height: 1 y." -1 Y, ". . Mowing Direction: Randomly. . Mowing Freauencv: One- (1) Time Per Week Minimum - Spot Mow Second Time As Needed Year Round. . Grass Cliooing Disoosal & Where: None. . Aerified: . How Often: Two- (2) Times Per Year (June & 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 Tvoe: Two- (2) Fairway Aerifiers With Two- (2) Inch On Center Aerifier Holes. . TQodressing: . How Often: None. . Growth Retardant: None. . 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. . PreEmergence Herbicide Program: Spring and Fall Only; Rhonstar, Alternating With Dimension, Barricade or Surflan By Following All Label Directions. . Insects: Eradicated As Needed With Proper Insecticides Following All Label Directions. . Nematode Program: Curative As Needed. . Mole Cricket Program: Chipco Choice By Following All Label Directions. . Poa Annua Control Measures: Kerb Herbicide As Needed By Following All Label Directions. 109 . Fertilization: . Prol!ram: Following All Soil Testing Laboratory Recommendations For All Major & Minor Nutrients. . Fertigation: As Needed. . pH: . Liming: As Needed. . Sulfur: As Needed. . Soil Testing & Freauencv: Two- (2) Times Per Year. . Watering Practices: Deep And Infrequently To Promote A Good Root System. . Hand Water: As Needed. . Overseeding Winter Program: None. PRACTICE PUTTING GREEN(S) AND CHIPPING GREEN(S): . 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 Markers. CUDS: Nine- (9) Minimum; Metal Only. . ChiDDing Greens Flagsticks & Flags: Three- (3) Total, Using Same Specifications As For Regulation 18- Greens. PRACTICE BUNKERS: . Maintenance Practices: Maintained Exactly Like The Bunkers On The Regulation 18- Holes On The Golf Course. TURF NURSERIES: . Maintenance Practices: Must Be Maintained Exactly Like The Greens, Tees, Fairways and Roughs On The Regulation 18- Holes On The Golf Course. 110 BRIDGES & BULKHEADING: . 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. . Seoarate Walking Surface for Snikeless Golf Shoe Technolol!V? Minimum Three- (3) Foot Wide Anti Slip Rubberized Surface Required On All Bridge Surfaces. CART PATHS: . Edged How Often: One- (1) Time Per Month Year Round. . Sween Entire Surfaces: As Needed For Clean Appearance. . Curbing Freauencv of Edging: One- (1) Time Per Month Year Round. . Sealer Used: If Asphalt Surface, Must Asphalt 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. 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. 111 LAKES: . 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 Contract Maintenance Company. 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 On An As-Needed Basis. 112