Board of County Commissioners County Administrator

Mack Bernard, Mayor Verdenia C. Baker Dave Kerner, Vice Mayor Hal R. Valeche Greg K. Weiss Robert S. Weinroth Mary Lou Berger Purchasing Department Melissa McKinlay www.pbcgov.com/purchasing

REQUEST FOR PROPOSAL

RFP NO.19-049/LAC

Palm Beach County Board of County Commissioners and

Parks and Recreation are seeking

Proposals for:

Management of Southwinds Golf Course

Date issued/available for distribution: May 31, 2019

Proposer shall submit one (1) unbound original, (5) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal to be received in the Offices of the Purchasing Department no later than July 02, 2019, 4:00 p.m. local time. See Section 1.9 of the RFP for Mailing Instructions.

Mandatory Pre-Proposal Conference and Site Inspection: See Section 1.5 of this solicitation.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS

AND

THE RFP NUMBER.

C A U T I O N In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If proposer intends to use subcontractors, Proposer must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Proposal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService i

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 PURPOSE OF THE PROJECT

1.3 GOALS OF THE PROJECT

1.4 HISTORY AND BACKGROUND

1.5 MANDATORY PRE-PROPOSAL CONFERENCE/SITE INSPECTION

1.6 PERIOD OF CONTRACT

1.7 QUALIFICATION OF RESPONDENTS

1.8 TIMETABLE

1.9 PROPOSAL SUBMISSION

1.10 CONTACT PERSON

1.11 CONE OF SILENCE

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE / EBO

REQUIREMENTS

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.13 CRIMINAL HISTORY RECORDS CHECK

2.14 REVIEW OF PROPOSALS

2.15 EXCEPTIONS TO THE RFP

2.16 SELECTION PROCESS

2.17 EVALUATION CRITERIA

2.18 AWARD OF CONTRACT

2.19 DISCLOSURE OF OWNERSHIP INTERESTS ……………………………14

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.21 COMMENCEMENT OF WORK

2.22 INSURANCE REQUIREMENTS

2.23 DRUG FREE WORKPLACE CERTIFICATION

2.24 AUTHORIZED SIGNATURE

2.25 PERFORMANCE BOND/LETTER OF CREDIT

2.26 THIRD PARTY COMMERCIAL FIDELITY BOND………………………….17

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 PROPOSAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.2 OPERATIONAL PLAN / FINANCAL PLAN INFORMATION

3.3 FINANCIAL / BUSINESS STABILITY INFORMATION

3.4 BUSINESS LOCATION / LOCAL PREFERENCE

3.5 COMMERCIAL NON-DISCRIMINATION …………………………………...22

3.6 PRICE PROPOSAL INFORMATION

3.7 BUSINESS INFORMATION

3.8 AMENDMENTS TO THE RFP

3.9 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

ATTACHMENT A - Minimum Maintenance Standards………………….…51 ATTACHMENT B – Operations & Maintenance Evaluation Forms………65 ATTACHMENT C – Parks & Recreation Department Fixed Assets Report……………………………………………….…..86

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

SECTION 6 APPENDICES

APPENDIX A - PRICE PROPOSAL PAGES

APPENDIX B - BUSINESS INFORMATION

APPENDIX C - OEBE SCHEDULES 1, 2, 3(A), 4

APPENDIX D - CERTIFICATION OF BUSINESS LOCATION

APPENDIX E - DRUG FREE WORKPLACE CERTIFICATION

APPENDIX F - DISCLOSURE OF OWNERSHIP INTERESTS

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Purchasing Department for the benefit of the Parks and Recreation Department. The Purchasing Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Purchasing Department. See Section 1.10, Contact Person.

1.2 PURPOSE OF THE PROJECT

Palm Beach County Parks and Recreation Department is soliciting proposals from qualified proposers having the required experience in the provision of golf course management and administration and the ability to commence work, in accordance with the specifications stated herein, on October 1, 2019. The Scope of Work/Services to be performed under this contract will consist of all tasks necessary for the complete year round management and administration of Southwinds Golf Course.

This RFP and the corresponding responses will cover the following operating areas:

i. Management/Administration of Operations and Facilities

ii. Turf Management and Maintenance

iii. Golf Professional Services

iv. Food and Beverage Sales and Service

v. Golf Merchandise Sales and Service

1.3 GOALS OF THE PROJECT

a. To provide year round, quality, affordable golf opportunities, primarily to the residents of Palm Beach County and secondarily to non-residents of Palm Beach County, at Southwinds Golf Course.

b. To generate sufficient revenue to fully fund the facility’s operations and perform timely capital improvements, renovations and equipment replacements at the facility.

c. To actively manage facility operations in a manner that will control costs without sacrificing services to the public and conditions at the facility.

d. To provide excellent customer service to the public in all areas and aspects of the operation.

e. To develop and operate comprehensive junior and adult learn-to-golf programs.

f. To maintain the facility and grounds at a level comparable to other local first class daily fee golf operations and consistent with levels expected of other County facilities and grounds.

g. To continually make improvements at the facility within the limits of available funding.

h. To secure the services of a qualified golf operations Management Company under a turn key management fee agreement.

1.4 HISTORY AND BACKGROUND

Southwinds Golf Course is a public 18 hole golf facility located in the southwestern portion of unincorporated Palm Beach County. The facility consists of 135 acres, of which 111 acres are the course, 22 acres are lakes, and 2 acres are support facilities and parking areas. The golf course is par 70 and is open year round. The facility has an aqua driving range, one practice green, one chipping green and one practice bunker.

Southwinds Golf Course was purchased by Palm Beach County in 1988 and began operating as a public golf course in 1989. In 1994 the operation of the facility was contracted out under a management agreement and has been under contract since then. Annual rounds for fiscal year 2017 were 54,190 and 55,469 for 2018.

Rounds, Revenue and Expenses for the facility for fiscal years 2017 and 2018 (rounded to the nearest thousand) was were as follows:

FY 2017 FY 2018

Rounds 54,190 55,469 Revenue $2,165,943 $2,171,576 Expenses $1,284,103 $1,358,354

1.5 MANDATORY PRE-PROPOSAL CONFERENCE/SITE INSPECTION(S)

All proposers are required to attend a Mandatory Pre-Proposal Conference which will be held at the Southwinds Golf Course Clubhouse, 19557 Lyons Road, Boca Raton, FL 33434, on June 12, 2019, commencing at 10:00 a.m. local time. At this time, the County’s representative(s) will be available to answer any questions relative to this Request for Proposal. Any questions or comments arising subsequent to the Mandatory Pre-Proposal Conference must be presented in writing prior to the date and time stated in the Timetable (Section 1.8) of the RFP, to be discussed with the County’s representative(s) as possible amendments to the RFP.

Immediately following the Mandatory Pre-Proposal Conference, a Mandatory Site Inspection will be conducted at Southwinds Golf Course Clubhouse, 19557 Lyons Road, Boca Raton, FL 33434.

Note: The proposer’s failure to attend this conference/site inspection(s) shall result in disqualification of their proposal. All proposers shall sign an attendance sheet. The attendance sheet will be collected at 10:10 a.m. (10 minutes after start time) local time. Those arriving after the attendance sheet has been collected will be considered as not in attendance for purposes of the Mandatory Pre-Proposal Conference/Site Inspection.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three days notice.

1.6 PERIOD OF CONTRACT

The proposed effective date of this Contract is October 1, 2019. The selected proposer(s) will provide services for a two (2) year period ending September 30, 2021 with three (3) one (1) year renewal option(s) offered by the County, at the County’s sole discretion, may be included.

1.7 QUALIFICATION OF RESPONDENTS

All proposers to this RFP shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

1.8 TIMETABLE

The anticipated schedule and deadline for the RFP and Contract approval are as follows:

Activity Date Time Location

RFP available for 5/31/19 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Mandatory Pre-Proposal 6/12/19 10:00 a.m. Southwinds Golf Course Conference/Site Inspection(s) Clubhouse Immediately Following 19557 Lyons Road Boca Raton, FL 33434

Deadline for receipt of 6/17/19 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110 W.

P. B., FL 33415

Deadline for receipt 7/02/19 4:00 p.m. Purchasing Department of proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

http://www.pbcgov.com/purchasing

Selection Committee 7/23/19 10:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Oral Presentations/ 7/31/19 10:00 a.m. Purchasing Department Selection Committee 50 S. Military Trail Meeting (if conducted) Room 1N-142 North/South

W.P.B., FL 33415

Posting Date of Notice 8/05/19 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

BCC Award Date 9/10/19 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date 10/01/19

NOTE: County reserves the right to alter the above activities and/or times at the

County’s sole discretion.

1.9 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper.

One (1) unbound original, five (5) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal must be received in the Purchasing Department by July 02, 2019, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Lynn Clavette, Buyer

RFP No. 19-049/LAC Title: Management of Southwinds Golf Course Due Date: July 02, 2019, 4:00 p.m. local time.

The Purchasing Department’s office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Price Proposal Page(s) (Appendix A) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to perform the required services at the proposed pricing identified therein.

1.10 CONTACT PERSON

The contact person for this RFP is Lynn Clavette, Buyer, at (561) 616-6809, e-mail address lclavette@pbcgov.com or fax number (561) 242-6709 in the Purchasing Department.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.11 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioner’s Staff, or any County Employee authorized to act on behalf of the Board of County

Commissioners to award this contract via written communication, i.e., fax, e-mail, or U.S.

Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via fax, e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFP Timetable (Section 1.8) or fax number or e-mail address listed for the Contact Person (Section 1.10) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of proposals. Proposers should not rely on any representations, statements or explanation other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the proposer to routinely check VSS for any Amendments that may have been issued prior to the Deadline for receipt of proposals. The County shall not be responsible for the completeness of any RFP package not downloaded from VSS or obtained directly from the Palm Beach County Purchasing Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (see Section 1.10) prior to entering a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the Deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of proposals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of proposals.

Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable until the time that a contract is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (Section 1.8) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; waive any minor irregularities in this RFP or in the proposals received as a result of this RFP; postpone or cancel, at any time, this RFP process; or re-advertise this RFP.

2.6 COSTS INCURRED BY PROPOSERS

All expenses incurred with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne by the proposer. No payment will be made for proposals received, nor for any other effort required of or made by the proposers, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Any material submitted in response to this Request for Proposal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential. All submitted information that the responding proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial proposals received, without discussions. Therefore, each submitted proposal should contain the proposer’s best price and technical offer.

2.9 RIGHT TO PROTEST

Any proposer may protest any recommendations for contract award by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Intent to Award in accordance with Chapter 2, Article II, Section 2-55 of the Palm Beach County Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705.

2.10 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE / EBO REQUIREMENTS

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation and shall have precedence over the provisions of this solicitation in the event of a conflict.

Waiver of API Requirements

In accordance with the EBO Ordinance, the Affirmative Procurement Initiatives (API) have been waived for this project. However, if any proposer intends to utilize any subcontractors/subconsultants as part of their response to this solicitation, the applicable OEBO Schedules must be submitted with their proposal for compliance tracking purposes.

Proposal Submission Documentation

If proposing to utilize S/M/WBEs in performing work under this Contract, proposers shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by any subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants.

S/M/WBE proposers proposing as Prime Contractors or Consultants are advised that they shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by their own workforce, as well as the work to be performed by any subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants.

Schedule 1 – List of Proposed Subcontractors/Subconsultants

A completed Schedule 1 submitted by the Prime shall list the names of all subcontractors/subconsultants intended to be used in performance of the Contract, if awarded. The total proposed percentage of S/M/WBE participation shall also be included on this form. This schedule shall also be used if an S/M/WBE Prime Contractor/Consultant is performing all or any portion of this contract with their work force.

Schedule(s) 2 – Letter(s) of Intent

A completed Schedule 2 is a binding document between the Prime Contractor/Consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. Each Schedule 2 shall be properly executed by the Prime Contractor/Consultant and by the proposed subcontractor/subconsultant. If the Prime Contractor/Consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 2. The Prime may count toward its SBE or M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime Contractor/Consultant submits a completed Schedule 2 form for each S/M/WBE.

Responsibilities After Contract Award

Schedule 3(A) – Professional Services Activity Report

The Prime Contractor shall submit a completed Professional Services Activity Report form (Schedule 3A) with each invoice or payment application when a subcontractor has provided services during the period in which the Prime is requesting payment. This form shall contain the names of the Prime and subcontractor(s) on the project specifying the contract amount; start date; amount paid to date and percentage of work completed by the Prime and subcontractor(s). This form is intended to be utilized on all professional services contracts.

Schedule 4 –Payment Certification Form

A fully executed Schedule 4 shall be submitted for each subcontractor/subconsultant after receipt of payment from the Prime Contractor/Consultant. The Prime Contractor/Consultant shall submit this form with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/Consultant on the previous payment application for services provided by a subcontractor/subconsultant.

If any subcontractor/subconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on this contract, the amount and name of the subcontractor/subconsultant shall be listed on this form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime Contractor/Consultant is a certified S/M/WBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/Consultant for services performed by its own workforce.

All proposers hereby agree and assure that they will meet the S/M/WBE participation percentages submitted in their respective proposals with the subconsultants or subcontractors contained on Schedules 1 and 2 and at the dollar values or percentages specified. Proposers agree to provide any additional information requested by the County to substantiate participation.

Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Contractor is required to input all subconsultant and subcontractor payment information directly into the EBO payment portal prior to submitting a payment application.

NOTE: All OEBO forms are available on the Office of Equal Business Opportunity (OEBO) website: http://discover.pbcgov.org/oebo/Pages/default.aspx

S/M/WBE Substitutions

After contract award, the Prime Contractor/Consultant will only be permitted to substitute a certified S/M/WBE that is unwilling or unable to perform. The Prime Contractor/Consultant will only be permitted to modify the scope of work or price of an S/M/WBE listed in their response to the solicitation as a result of the County’s issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/M/WBEs in order to maintain the participation percentages submitted with the submittal.

All requests for modifications or substitutions shall be submitted to the originating County Department and the Office of EBO on the EBO Request for S/M/WBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, he Prime Contractor/Consultant shall complete and submit a new properly executed Schedule 2 that specifies the revised scope of work to be performed by the S/M/WBE, along with the revised dollar amount and/or percentage.

A detailed scope of work may be attached with a properly executed Schedule 2.

EBO Program Compliance - Penalties

Under the EBO Ordinance, the OEBO is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the http://discover.pbcgov.org/oebo/Pages/default.aspx performance of County contracts. All proposers are required to comply with the EBO Ordinance and shall be expected to comply with the APIs applicable to this solicitation, as well as the S/M/WBE utilization proposed by a proposer in its proposal, which utilization plan forms a part of any resulting Contract.

The Director of the OEBO or designee may require such reports, information, and documentation from the proposer/Contractor/Consultant as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Contractor/Consultant shall correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the EBO Office. If the Contractor/Consultant does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance, then the Director of the OEBO or designee may impose upon the non-complying party any or all of the following penalties:

a. Suspension of contract;

b. Withholding of funds;

c. Termination of contract based upon a material breach of contract pertaining to

EBO Program compliance;

d. Suspension or Debarment of a proposer or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and

e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved, if applicable.

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.13 CRIMINAL HISTORY RECORDS CHECK

Pursuant to Palm Beach County Code Section 2-371 – 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County.

A fingerprint based criminal history record check shall be conducted on all employees of contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended.

In October 2013, compliance with the requirements of the U.S. Federal Bureau of Investigation’s CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The proposer is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the proposer acknowledges that its proposal price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

2.14 REVIEW OF PROPOSALS

Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the Selection Committee. A responsive proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the proposal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal, especially information relating to establishing financial/business stability. Proposers who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.15 EXCEPTIONS TO THE RFP

All exceptions taken must be specific, and the proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers are cautioned that submitting an alternative proposal does not relieve the proposer from submitting the “Minimum Requirements” as stated in Section 3.

The County is under NO obligation to accept any proposed exceptions or alternatives.

2.16 SELECTION PROCESS

All proposals timely received will be reviewed first by the Purchasing Department to determine if each proposer has submitted the required information and met all Proposal Requirements (as stated in Section 3). Those proposals fulfilling the Proposal Requirements shall be referred to the Selection Committee for review and further consideration.

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, proposers are urged to ensure that their proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.17. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed below, see Section 2.17. Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee Member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee Member’s score for each proposal.

After the Selection Committee has developed an overall ranking for each proposer, the committee will then review, discuss, and declare the proposer ranked the highest as its “finalist” and make its recommendation for award of the contract.

2.17 EVALUATION CRITERIA

1. Experience / Qualifications Weight 30 % ( 30 pts) Background / References (See Section 3.1)

2. Operational Plan/Financial Plan Weight 35 % ( 35 pts) (See Section 3.2)

3. Financial/ Business Stability Weight 15 % ( 15 pts) (See Section 3.3)

4. Price Proposal Weight 15 % ( 15 pts) (See Section 3.6)

5. Small/Minority/Women Business Enterprise Weight 0 % ( 0 pts)* (See Section 2.10)

*A Waiver of API Requirements has been approved for this RFP.

6. Business Location / Local Preference Weight 5 % ( 5 pts) (See Section 3.4)

2.18 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible proposer whose proposal is considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, price.

Upon review and approval of the Selection Committee’s recommendation for award, the Purchasing Department will post the award recommendation at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing for a period of five (5) business days for review by interested parties prior to final approval of the award. The apparent successful proposer will be notified of the recommendation for award by mail. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

2.19 DISCLOSURE OF OWNERSHIP INTERESTS

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest affidavit (DOIA, Appendix F) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable.

Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

Upon request from the Purchasing Department, the recommended awardee shall submit a completed DOIA (Appendix F) within a reasonable time, as requested. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the Recommended Award.

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made, in writing, no later than the date specified in the RFP Timetable (see Section 1.8).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous proposal as determined by the Selection Committee or issue a new solicitation or cancel the procurement process in its entirety.

2.21 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the proposer. The County may set a different starting date for the contract. The County will not be responsible for any work done by the proposer, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.22 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful proposer to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 15, to Palm Beach County through the County’s designated representative, JDi Data Corporation, 100 W Cypress Creek Rd, Suite 1052, Ft.

Lauderdale, FL 33309, using the CTrax Portal unless otherwise directed by County.

The successful proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 15). Failure to maintain the required insurance shall be considered default of the Contract. The requirements contained herein, as well as the County’s review or acceptance of insurance maintained by the successful proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful proposer under the Contract.

2.23 DRUG FREE WORKPLACE CERTIFICATION

Proposers should submit, with their proposal, an executed Drug Free Workplace Certification (Appendix E) indicating that the proposer has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.24 AUTHORIZED SIGNATURE

The authorized representative signature required on all offers and the Contract must be made by an officer of the company (if applicable).

2.25 PERFORMANCE BOND / LETTER OF CREDIT

The successful proposer shall furnish, to the County, a Performance Bond or Clean Irrevocable Letter of Credit (Letter of Credit) for in the amount of One Hundred Thousand Dollars ($100,000.00), prior to commencement of work, and shall keep the same in force and effect during the entire term of this Contract and thereafter for a period of six (6) months or until financial obligations are satisfied, whichever comes first.

The successful proposer shall furnish a Performance Bond in a form and format satisfactory to the County as security for the faithful performance of the Contract resulting from the award of RFP No. 19-049/LAC and for the payment of all costs incurred by the County to obtain a replacement contract, in the event the successful proposer fails to perform as required under said Contract. The term "COST" as used herein shall include all fees, costs, and expenses arising out of the successful proposer's failure to perform the contract whether direct, indirect, actual, consequential, or incidental and shall include attorney's fees and costs, expert witness fees and expenses, and all time incurred by Palm Beach County. In addition, the Performance Bond shall fully comply with the County’s requirements and format as set forth in Palm Beach County PPM #CW-F-056, the terms of which are incorporated herein by reference.

The Performance Bond is to ensure the faithful performance of all the requirements of the Contract (RFP No. 19-049/LAC), and to save, defend, indemnify, and hold harmless the County from any and all damages, costs, fees, and expenses, either directly or indirectly arising out of any failure to perform the Contract. The Bond shall be issued by a company authorized to do business in the State of Florida and having a currently valid certificate of authority and bonding capacity as issued by the United States Department of Treasury under 31.U.S.C., Sections 9304-9308. Bond Company shall meet all requirements/regulations set forth under the Florida Insurance Commissioner’s Office.

The successful proposer shall verify, prior to execution of the Contract, the acceptability of the surety provided thereunder. The attorney-in-fact who signs the Bond must file, with the Bond, a certificate and effective dated copy of power of attorney. The successful proposer must furnish the executed bond prior to the County's approval of Contract.

A casher’s check or Letter of Credit from a financial institution with a rating deemed acceptable by the County may be provided in lieu of the Performance Bond, provided that the form, format, and terms of coverage are acceptable to the County. The terms of coverage of a Letter of Credit shall be substantially the same as that required of the Performance Bond, and the Letter of Credit shall be issued by an institution that offers security similar to that of a bonding company. In addition, the Letter of Credit shall fully comply with the County's requirements set forth in Palm Beach County PPM #CW-F-055, and the face of the Letter of Credit shall be in the format described in PPM #CW-F-055, the terms of which are incorporated herein by reference. In the event of any conflict between the terms of this RFP and PPM CW-F-055, the latter shall control.

Proposers interested in submitting a Letter of Credit in lieu of the Performance Bond may obtain a copy of PPM #CW-F-055 from Lynn Clavette, Buyer, Palm Beach County Purchasing Department, Telephone No. (561) 616-6809.

2.26 THIRD PARTY COMMERCIAL FIDELITY BOND

The successful proposer shall furnish a Commercial Fidelity Bond for Employee Dishonesty on a Blanket Basis with a minimum limit of One Hundred Thousand Dollars ($100,000.00). The bond shall be endorsed to cover “Third Party” liability with a third party beneficiary clause in favor of Palm Beach County, Board of County Commissioners, a political subdivision of the State of Florida, its officers, agents and employees. The Bond shall include a minimum twelve (12) month “Discovery Period” when written on a Loss Sustained basis.

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT:

Format

Proposer shall submit one (1) unbound original, five (5) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal. Proposals should be typed, double spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Proposals should contain a Table of Contents. The Table of Contents outlines, in sequential order, all of the areas of the proposal and it allows for clarity and ease of review of the proposal.

Letter of Transmittal

Proposals should contain a Letter of Transmittal addressed to Lynn Clavette, Buyer, and should, at a minimum, contain the following:

a. Identification of Proposer, including name, address and telephone number.

b. Proposed working relationship between proposer and subcontractors, if applicable.

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of proposal evaluation.

d. Signed by a person authorized to bind proposer to the terms of the proposal.

Technical Proposal

Proposals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of a proposer to provide the required information is considered sufficient cause to deem the proposal non-responsive.

The item(s) marked by an asterisk (*) should be a part of the proposal; however, if these items are omitted, the proposer must submit the item(s) upon request from the County within a time frame specified by the County (normally within two working days of request) or the proposal shall be deemed non-responsive. All other items must be submitted with the proposal or it shall be deemed non-responsive.

Notwithstanding these submittal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

Each of the following requirements should be addressed in separate sections of the proposal.

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.1.1 Each proposer shall submit a detailed statement of their experience, qualifications, and background in managing a public and/or private daily fee golf course or similar facility of at least five (5) years including duration, description of responsibilities and description of the size of the operation.

*3.1.2 Each proposer should submit a minimum of three (3) references demonstrating proposers experience in golf course management and administration, preferably in the State of Florida, or the southeastern region of the United States, within the past five (5) years.

Each reference should include the following:

• Name of company

• Contact name(s)

• Addresses

• Telephone & fax numbers

• Dollar amount of contract(s)

• Dates of service

• Scope of Work

• Types of services performed

• Number of full-time staff provided

3.1.3 Each proposer shall provide a list of any lawsuits against its company within the past ten (10) years, summarizing the allegations, providing the results of the suit, if not currently active.

3.1.4 Each proposer should provide a list of officers and principal managers of the company and how long they have been employed.

3.2 OPERATIONAL PLAN / FINANCIAL PLAN INFORMATION

The proposer shall provide:

3.2.1 An Organizational Chart identifying the structure of their company.

3.2.2 An organizational chart for the golf course identifying quantities and types of positions. A list of the key personnel (e.g., manager, assistant manager, golf professionals, superintendent, etc.) assigned to the project and complete resumes for each key staff person detailing their experience, education, expertise, qualifications, and knowledge of golf course management. The resume for each of the key personnel shall include the same contact information for references that is required for proposer.

3.2.3 A resume of proposer’s managing business partner(s), (if applicable), detailing their experience, education, expertise, qualifications, and knowledge of golf course management. Each partner’s resume shall include the same contact information for references that is required for proposer.

3.2.4 A description of the role of each staff member who will be responsible for handling and monitoring the Contract.

3.2.5 The proposer shall identify golf course management projects in which each staff member has been involved.

3.2.6 Provide details of how they intend to meet the scope of the RFP.

3.2.7 P r o v i d e any plans or corporate personnel resources that exceed the existing specifications such as corporate group marketing plans, agronomists, marketing specialists, buyers, accountants, etc., whose services shall not be included in the Southwinds budget.

3.2.8 Provide a detailed five (5) year revenue, expense and rounds projection,…