Brookside_Golf_Course_Management_&_Operation_(Addendum_#5_Revision).pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

BROOKSIDE GOLF COURSE MANAGEMENT & OPERATION

FOR THE

ROSE BOWL

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Brookside Golf Course Management & Operation Release Date: Wednesday, August 2, 2023

Attachments:

A - Master Services Contract B - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION (27)

C - DISQUALIFICATION_DISCLOSURE (4)

D - CONFLICT_OF_INTEREST (5)

E - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) G - DESIGNATED REPRESENTATIVESdocx

H - RELEVANT EXPERIENCE FORM

K - RFPExhibitKrbminigolf2022 L - RFPExhibitLDrivingRangeFinal M - RFPExhibitMForecastedProforma N - RFPExhibitNAGCContract O - RFPExhibitOPhotos Brookside

1. INTRODUCTION

1. Summary

The Rose Bowl Operating Company (“RBOC”) is seeking proposals from qualified golf management companies and/or professional restaurant and catering companies to enter into a management agreement with the RBOC for the management and operation of Brookside at the Rose Bowl. The Brookside complex is owned by the City of Pasadena and operated under the direction of the RBOC.

Features of the property include two 18-hole courses - the C.W. Koiner Course, a par 72 measuring 7,104 yards, and the E.O. Nay Course, a par 70 measuring 6,025 yards – as well as a public driving range, hitting area reserved for instructional and programming services (operated by others); a 35,000 square foot clubhouse inclusive of a pro shop, bar and restaurant, covered outdoor dining patio, banquet and meeting room spaces, offices, and an indoor golf cart storage area.

The RBOC will be conducting a comprehensive interview and evaluation process of the submittals received from interested parties to determine the highest rated and most qualified firm(s) which will be recommended forward to the RBOC Board of Directors for award of contract(s) for the management and operation of Brookside at the Rose Bowl and its components. Interested parties may respond to all three components or any component thereof. Qualified entities may respond as an individual firm or joint venture of individual firms. The three components include: 1) golf course management and operation, 2) food and beverage management and operation, 3) family golf management and operation.

Respondents must demonstrate substantial experience in the operation and maintenance of public golf courses, food and beverage operations. It is the RBOC’s intent to complete the evaluation process and determine the recommended firm by May 2024. The awarded firm shall expect to commence services on July 1, 2024. Respondents may propose a minimum term of ten (10) years and the term may range between ten (10) to twenty (20) years. Maximum term shall terminate on June 30, 2044.

2. Background

The RBOC has traditionally entered into management agreements for management and operation of Brookside at the Rose Bowl and is currently partnered with the American Golf Corporation in this regard.

The RBOC currently pays management fees for golf as well as food and beverage. Additionally, there are performance incentives in place for bonus payments. See Exhibit “N” to review the existing contract between the RBOC and American Golf Corporation.

Brookside is one of the busiest municipal golf properties in the State of California and is also used for a multitude of other functions such as: parking and tailgating for major stadium events; music festivals;

banquets, meetings, and weddings in addition to other major catering opportunities associated with activation of the both the golf course property and stadium (football, soccer, concerts, etc…).

The RBOC is also pursuing thoughtful and intentional opportunities to continue to grow business and expand recreational opportunities to attract a wider range of clientele. Currently, the company is considering opportunities associated with Family Golf and the implementation of an expanded driving range including the addition of interactive and technologically advanced hitting stalls, as well as the development of a 36-hole modern miniature golf area.

3. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Monday, September 11, 2023, prior to 5:00 pm.

Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

Nancy Silver Chief Compliance Officer Email: nsilver@rosebowlstadium.com Phone: (626) 577-3100 Ext: 224 Department:

Rose Bowl

4. Timeline

Release Project Date August 2, 2023

Pre-Proposal Meeting (Mandatory) August 22, 2023, 10:00am Brookside Golf Course Clubhouse

Question Submission Deadline September 11, 2023, 5:00pm

Proposal Submission Deadline September 28, 2023, 5:00pm mailto:nsilver@rosebowlstadium.com tel:(626)577-3100;ext=224

2. GENERAL INSTRUCTIONS

1. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this Request for Proposal (RFP) accepted by the RBOC/City of Pasadena (City) shall become the exclusive property of the RBOC/City. At such time as the RBOC CEO/General Manager recommends a contractor to the RBOC Board of Directors, and such recommendation, with any recommended contract appears on the RBOC Board agenda, all proposals accepted by the RBOC/City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the RBOC/City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the RBOC/City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of Pasadena's eProcurement Portal no later than 5:00 pm on Thursday, September 28, 2023.

Please upload sufficiently early electronically through the city's eProcurement Portal before the time and day listed in the Notice Inviting Proposals. Proposals must be received in the system prior to the deadline.

The entire proposal must be formatted on standard-size 8½”x11” pages; 12 point font only. The "Technical Proposal," "Additional Data," and "Statement of Qualifications" can be no more than 50 grand total pages.

The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “#Proposer's Submittals/Checklist.”

The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and #Proposer's Submittals/Checklist. No Pricing shall be included in this part.

Proposals received after the Proposal Deadline may not be accepted by the RBOC/City.

3. Separation of Technical, and Price Proposals

The proposal must be prepared in two parts: a "Technical Proposal" and a "Price Proposal." Each of the parts shall be separate and complete in itself so evaluation of one may be accomplished separate from the evaluation of the other.

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/54754?section=463541 https://procurement.opengov.com/portal/pasadena/projects/54754?section=463546 https://procurement.opengov.com/portal/pasadena/projects/54754?section=463541

1. The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “Submittals/Checklist.”

Parties interested in responding are required to submit their Price Proposal with their Technical proposal through the City's eProcurement Portal.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The price proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The price proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees. Vendor’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The City will not separately reimburse costs not included in the proposal.

2. The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and Submittals/Checklist. No Pricing shall be included in this part.

Reference SAMPLE PRICE PROPOSAL.

Reimbursable cost schedules shall depict only those expenditures that are exclusive to and in support of the scope of services. The proposed reimbursable cost schedule shall include a detailed list of reimbursables.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.

Each Proposer must submit a PRICE Proposal containing all costs associated with the technical proposal. Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s lump-sum price shall include, without limitation:

• all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

performance of each and every portion of the work

• all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Pasadena;

• all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Pasadena;

https://procurement.opengov.com/portal/pasadena/projects/54754?section=463541 https://procurement.opengov.com/portal/pasadena/projects/54754?section=463546

• all taxes, duties, permits, and other fees or royalties incident to the performance of the

SCOPE OF WORK;

payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

compensation for all risks, liabilities, and contingencies assigned to the Proposer; and

• all other costs needed or incurred to complete the Project.

4. Pre-Proposal Meeting

See the "Timeline" in the Introduction section (#Introduction). If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.

Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.

5. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

6. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof.

Any interpretation or correction of RBOC/City specifications will be made only by addendum, duly issued by the RBOC/City representative(s) identified in Section 3, above. Addenda (if any) shall be made available to each Proposer. A proposer’s failure to address the requirements of any and all addenda may result in the proposal not being considered. If the RBOC/City determines that a time extension is required for the proposal, the RBOC/City will issue an addendum that will give the new submission date. The Proposer is responsible to register on the City's eProcurement Portal and follow the project ,Brookside Golf Course Management & Operation, to insure they receive all RFP documents including addendums which are available as a download.

The RBOC/City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.

https://procurement.opengov.com/portal/pasadena/projects/54754?section=463538 https://procurement.opengov.com/portal/pasadena

3. SCOPE OF WORK

1. SCOPE OF WORK

The services at Brookside at the Rose Bowl are to be considered in three components: 1) golf course management and operation, 2) food and beverage management and operation, and 3) family golf management and operation. Features of the property include two 18-hole courses - the C.W. Koiner Course, a par 72 measuring 7,104 yards, and the E.O. Nay Course, a par 70 measuring 6,025 yards – as well as a public driving range, hitting area reserved for instructional and programming services (operated by others); a 35,000 square foot clubhouse inclusive of a pro shop, bar and restaurant, covered outdoor dining patio, banquet and meeting room spaces, offices, and an indoor golf cart storage area.

• 18-Hole Regulation Golf Courses (2)

• Driving Range (20 stalls)

• Putting & Chipping Greens

• Vacant Building (previously the Starter Shack) (500 square feet)

• Clubhouse (35,000 square feet)

• Pro Shop (3,500 square feet)

• Bar and restaurant (125 Seated)

• Covered patio (125 Seated)

• Mediterranean Ballroom (250 Seated / 330 Reception)

• Arroyo Room (60 Seated / 80 Reception)

• Rose Room (30 Seated / 50 Reception)

• Madrid Room (30 Seated / 50 Reception)

• On-Course Snack Bars (2)

• Mobile Snack Carts (2)

• Portable and Temporary Bars (multiple)

• On-Course Restroom Buildings (4)

• Maintenance Building and Yard as well as auxiliary cart storage

Specific expectations are including, but not limited to, the following.

2. Golf Course Management and Operation

Golf Course Operation. Procuring all materials, labor, tools, equipment, furnishings, inventory, supplies and services required to manage all professional services for the golf course, driving range, practice areas, golf pro shop, cart storage and other areas of golf operations at a high level of service. Specific areas of professional services include, but are not limited to: processing tee time reservations; on-course marshalling; volunteer services; provision and maintenance of golf cart fleet; enforcement of golf course rules and regulations; control of play during normal operating hours; tournament promotion and reservations; support for men's and women's clubs and youth programs; working cooperatively with the restaurant concessionaire’s food and beverage staff; developing and implementing golf course marketing strategies; and cash-handling and reporting.

• Event Day Parking (Rose Bowl Stadium major events). Provide labor to perform necessary set-up of the Golf Courses for parking of up to 14,000 vehicles, which set-up consists of removing all golf course amenities and roping off greens, bunkers and lakes; set-up of barricades to delineate parking lots, placement of portable lights powered by generators, managing golf cart usage by event day staff, removal of all trash on the Golf Courses, repair damage from parking and reset Golf Courses for play the following morning.

• Music Festival. The Golf Course is the location of large-scale music festivals where attendance is typically between 25,000 to 45,000 per day. Setup for these events can start three to eight days prior to the event and break down after the event for one to three days as well. At this time a total of up to 10 music festival event days are permitted to occur on the golf courses. On load-in/load-out days, the partner can operate the restaurant. On festival event days, the festival partner has the full exclusive food and beverage rights.

Golf Course Maintenance. Procuring all materials, labor, tools, equipment, supplies and services required to maintain the golf course property in a manner that promotes and supports operations in accordance with the highest golf course maintenance standards and at established frequencies. Specific areas of maintenance include, but are not limited to: golf course tees, greens and collars; fairways; irrigated and non-irrigated rough; bunkers; water features; cart paths; bridges and crossings; range and practice areas;

putting/chipping surfaces; fencing and turf; clubhouse exterior; driving range building; signage; storage areas; maintenance yard; restaurant exterior; parking lots and cart storage. Duties will also include implementing and managing an Integrated Golf Course Management Plan (for chemicals and pest management) and satisfying all environmental requirements related to the maintenance of a golf course at an environment similar to Brookside. The operator will also be required to maintain and monitor the drought response programs currently in place. A qualified, full-time, Class A member of the Golf Course Superintendents Association of America (GCSAA) shall directly and exclusively supervise all golf course maintenance.

Facility Management. Providing overall management of the golf pro shop and maintenance of the facility. Specific areas of responsibility include, but are not limited to: operation of the facility in accordance with the City's policies and practices; creation and implementation of marketing plans, business plans and budgets; hiring and training of staff; collecting and accounting for all revenues and costs, including preparation of quarterly and annual financial statements; and prompt payment of all expenses.

Reporting Requirements. Providing comprehensive monthly and annual financial performance statements, with the capability to present real time golf course financial condition. The financial systems should be integrated and systems should be in place to produce a reliable audit trail.

3. Food and Beverage Management and Operation

Food and beverage is a critical component to enhancing the golfer experience at Brookside. Proposer will be able to provide an operating philosophy for the food and beverage program that appeals to the existing clientele while simultaneously inspiring growth and development of this portion of the business to attract new patrons and clients. The Proposer is encouraged to consider partnership with local Los Angeles based restaurants, chefs, or brands to create an innovative dining experience.

Proposers will be able to provide a wide range of services including, but not limited to: culinary services;

restaurant management; bar; quick serve counter service; grab ‘n’ go; snack shack; mobile snack carts;

and catering. Proposers will be forward thinking and bring creative considerations to the table relative to programming of existing clubhouse spaces such as meeting rooms, banquet rooms, patios and other spaces. Currently within the Brookside Golf Course exists (seated / reception) a bar and restaurant (125 / n/a); patio (75 / n/a); Mediterranean Ballroom (250 / 330); The Arroyo Room (60 / 80); The Rose and Madrid Rooms (30 / 50); snack bar; and two (2) mobile snack carts. An FFE inventory can be found within Exhibit N.

The Brookside Golf Course and surrounding area features a multitude of event programming beyond golf, including conversion to a parking area for major events. For events such as UCLA Football games, there is significant opportunity for continued activation of property for large scale tailgates and catering (anywhere from 1,000 – 5,000 person). With over 100,000 Big Ten alumni in the Los Angeles area, the Proposers should strongly consider the opportunities associated with significant increase to game day tailgate coordination opportunities. The Proposer will also have opportunity to provide catering services on the Brookside property for other major stadium events such as concerts, soccer matches, and beyond.

Examples of other event catering and tailgate catering can be found below in Exhibit O.

In addition to current offerings, the Proposer should consider future opportunities such as the proposed Family Golf addition. To better understand Family Golf, please visit portions of this RFP specific to that below. For the purpose of food and beverage financial prospectus, a Family Golf Pro Forma can be found in Exhibit M.

Reporting Requirements. Providing comprehensive monthly and annual financial performance statements, with the capability to present real time golf course financial condition. The financial systems should be integrated and systems should be in place to produce a reliable audit trail.

4. Family Golf Management and Operation

The proposed Family Golf concept would expand the current driving range from 20 existing stalls to 60, with a portion of those stalls becoming interactive and technologically advanced hitting bays. The Family Golf concept would also include the addition of two 18-hole modern miniature golf courses. Family Golf would be served via the food and beverage plan outlined above, and both the driving range and modern miniature golf courses are intended to have lights which would effectively expand service hours for the entire facility.

Financial information relative to the proposed Family Golf concept can be found in the Family Golf Pro Forma located in Exhibit M.

Reporting Requirements. Providing comprehensive monthly and annual financial performance statements, with the capability to present real time golf course financial condition. The financial systems should be integrated and systems should be in place to produce a reliable audit trail.

5. CAPITAL INVESTMENT

The successful proposer will be required to make a Capital Investment at Brookside. Proposers will be required to make the Minimum Investment (A) and will receive additional points for additional support of Brookside Capital Improvements (B):

A. Minimum Investment. Proposer shall make a minimum investment of $1,000,000.

B. Proposer may select to invest in additional Brookside Capital Improvements. These elements will be in addition to the value of the required minimum investment listed above (A).

Proposals may receive up to a maximum of 25 points in the RFP Evaluation process based on Capital investment level of participation as follows:

$1,500,000 - $2,250,000 – 15 points

$2,500,001 - $3,250,000 – 20 points

$3,250,001+ – 25 points

6. QUALIFICATIONS

This section shall describe the ownership, size, organization, expertise, resources and history of the proposing firm. Specifically, it shall include the name of the sole proprietor, or if a partnership or joint venture, the names of all individuals and firms that constitute the partnership or joint venture. It shall include a summary of the firm’s familiarity of and experience with golf course management, personnel management and venue operations or government contracts. Experience of a minimum of five (5) years at a comparable facility to Brookside Restaurant and Catering Facilities is required. Such experience must have occurred within the past five (5) years.

This section shall include information detailing the financial ability of the firm to complete the contract. To this end, a financial statement, preferably audited, is desired. The financial statement should be submitted electronically in this portal (Submittals/Checklist), marked “confidential”. Additionally, this section shall include a list of all pending litigation against the firm or its owners and all final judgments which has been entered within the last five (5) years, information on the relevant circumstances, jurisdiction, case number and current status of said legal action; a list of any defaults or terminations for cause by the firm by a client over the last five (5) years and information on the terms and conditions and reasons for these defaults or terminations.

In addition, Proposers for the golf courses and/or Restaurant and Catering Facilities must have a minimum of five (5) years prior relevant experience in food and beverage operations including the following:

o A list of golf courses managed and/or restaurants and/or catering facilities managed by the respondent (with the name, address, and web site for location. Include an overview of the management responsibilities.

o Experience working with a municipal or public access golf course, method of operation (e.g., management contract, lease, etc.), and annual gross revenues for golf operations at each facility, dates of contract, dates of actual operation, and reasons for contract termination, if applicable.

o Approaches utilized to enhance the overall food and beverage experience and improve customer service.

o Approaches used to develop positive and collaborative relationships with the municipality and local vendors and stakeholders, the golfing community, and the neighbors.

o Approaches used to increase food and beverage revenues including creative marketing strategies and the demonstrated results over time.

o Systems used to increase golf play and golf revenues including creative marketing strategies and the demonstrated results over time.

o Greens and cart fee revenue management.

4. CITY REQUIREMENTS

There are of forms included in the section named Submittal/Checklist of these specifications which a bidder or proposer must complete to establish compliance with a number of City Requirements, including, but not limited to, equal employment opportunity and affidavit of non-collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them may be grounds, in the sole discretion of the city, for rejection of any bidder or proposer.

1. Pasadena Operating Companies

If this solicitation is issued by an Operating Company of the City of Pasadena including the Pasadena Center Operating Company; or Rose Bowl Operating Company; or Pasadena Community Access Corporation: In this solicitation, any reference to the City, shall actually refer to the PCOC, or RBOC, or PCAC, e.g. "City" shall refer to the Operating Company, "City Council" to its Board of Directors, and "City Manager" to its Chief Executive Officer.

2. Equal Employment Opportunity in Contracting

Policy - The City of Pasadena is committed to a policy of Equal Employment:

• Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

The successful bidder or proposer may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Required Forms – Each bidder or proposer must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder or proposer has an approved Form on file with the City.

Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing Division 626.744.6755.

3. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations at $25,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the #Bidder's Submittals/Checklist.

4. SAMPLE CONTRACT

A sample of the contract the successful bidder or proposer will be required to enter into with the RBOC/City is attached hereto and by this reference incorporated herein and made part of these specifications.

5. CHANGE ORDER MANAGEMENT

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the RBOC/City in writing before work is started.

6. Local Preferences

The City of Pasadena is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

7. Pasadena Business License

Awarded bidder or proposer may be required to obtain and pay for any required business license under Title 5 of the Pasadena Municipal Code.

• If the business will not come into the City for the purpose of providing services for this contract they are not required to obtain a business license.

• If the business will only be coming into the city no more than 10 times to work on projects, they are charged 33% of the annual tax (5.04.130C)

• If they come into the City more than 10 times they are required to pay the annual fee.

• Any subcontractors used by the awarded bidder or proposer will be required to obtain a license if they will be coming into the City to perform services.

For further information contact Municipal Services Department at (626) 744-4166, Monday- Friday between 7:15 am and 5:15 pm. Additional Information regarding business license fees can be found here: https://www.cityofpasadena.net/finance/licenses/business-licenses/

8. Invoices and Payment https://procurement.opengov.com/governments/portal/pasadena/projects/54754?section=undefined https://www.cityofpasadena.net/finance/licenses/business-licenses/

Fees and rates negotiated and made part of the contract document are to remain firm for the original performance period. For any renewal year, fees and rates may be adjusted to reflect changes in the Consumer Price Index (Urban Consumers Index for the Los Angeles — Anaheim;

Riverside Area or any successor index issued by the Federal Government) for the six (6) months immediately preceding the renewal year, in comparison to the previous year, but shall not exceed 3% annually.

I. Invoices and Payment

A. Invoices are to be submitted no later than 30 days to RBOC Accounts Payable after services have been rendered.

B. All charges are to be identified by assignment, areas, hours, and reimbursable expenses itemized and listed separately.

C. Payment for the RBOC approved invoice will be paid within 30 days of receipt.

9. Acceptance of Conditions

By submitting a bid or proposal, each bidder or proposer expressly agrees to and accepts the following conditions:

• All parts of the Instructions to bidder or proposer and Specifications will become part of the Contract between the selected bidder or proposer and the RBOC/City;

• The RBOC/City may require whatever evidence is deemed necessary relative to the bidder or proposer financial stability and ability to complete this project;

• The RBOC/City reserves the right to request further information from the bidder or proposer, either in writing or orally, to establish any stated qualifications;

• The RBOC/City reserves the right to solely judge the bidder or proposer representations, and to solely determine whether the bidder or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The bidder or proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the RBOC/City as to whether or not the bidder or proposer is qualified to perform the project, shall be final, binding and conclusive;

• The RBOC/City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;

• This bidding process does not commit the RBOC/City to award any contract, and the RBOC/City is not liable for any costs incurred by the bidder or proposer in the preparation and submission of a bid.

10. Determination of Responsiveness

A proposal must be considered to be responsive for award of the contract. The RBOC/City may reject a proposal if it is determined not to be responsive. In determining whether a proposer is responsible and responsive, the following shall be considered:

• The quality of the material offered;

• The ability, capacity and skill of the proposer to perform the contract or provide the material or services;

• Whether the proposer can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

• The sufficiency of the proposer's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;

• The character, integrity, reputation, judgment, experience and efficiency of the proposer;

• The quality and timeliness of the proposer's performance on previous orders or contracts for the RBOC/City;

• Litigation by the proposer on previous orders or contracts with the RBOC/City;

• The ability of the proposer to provide future maintenance and service where such maintenance and service is essential.

11. Pasadena Living Wage Ordinance

If this purchase includes a service, and the contract total is at $25,000 or more, it is then subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the RBOC/City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the RBOC/City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the RBOC/City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

Finance Department Purchasing Division 626-744-6755 - phone 626-744-6757 – fax

Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.

12. Errors and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the RBOC/City.

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

13. Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees

Each bidder or proposer shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

14. Taxes

Price bid or Price Proposals shall include all federal, state, local and other taxes.

15. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid/proposal, but will be required prior to the RBOC/City's award of the contract. Refer to the Insurance requirements in the "Insurance Requirements" section of this document.

16. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)

The winning proposal/bid may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

17. Technical Questionnaire Form

This form is only required for the purchases of technology. The City of Pasadena Department of Information Technology (DoIT) is tasked with reviewing all IT solutions proposed for use by the City. DoIT uses this questionnaire to assess various business, security, and/or operational impacts of bidder or proposer proposed technology solutions, SaaS offerings, software or hardware that will reside on the City’s servers and/or network, that will integrate to the City’s existing applications, servers and/or network, or that may have an impact on the City’s ability to conduct business. This questionnaire is also used to identify and distinguish at an early stage in the evaluation process the potential roles and responsibilities of the City and the proposer.

If selected, proposers are required to complete the Pasadena Department of Information Technology Technical Questionnaire. The questionnaire is included in the section named "Sumittal/Checlist." When completing the questionnaire, please note:

• Section 4.0 must be completed for externally hosted/SAAS applications; and

• Section 5.0 must be completed for City hosted/on-premises software

18. LIMITATIONS ON LIABILITY

Bidders acknowledge that they shall provide the goods and/or services without monetary limitations on liability. If Bidders take exception to this requirement, Bidders shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item;

and (c) not part of any form documents submitted. Bidders acknowledge that any exceptions may result in a finding of non-responsivness.

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf

5. SAMPLE PRICE PROPOSAL

Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The table(s) below is intended to be a sample. Proposers may add necessary line items provided they are in compliance with instructions in this RFP for "Cost Proposals." The cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for materials and supplies.

INSTRUCTIONS:

Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price and/or unit price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s price shall include, without limitation:

A. all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

B. performance of each and every portion of the work

C. all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Pasadena;

D. all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Pasadena;

E. all taxes, duties, permits, and other fees or royalties incident to the performance of the

SCOPE OF WORK;

F. payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

G. compensation for all risks, liabilities, and contingencies assigned to the Proposer; and

H. all other costs needed or incurred to complete the Project.

GOLF COURSE MANAGEMENT & OPERATION

Unit pricing must include all charges for one year of operations. In addition, vendors must indicate the number of years being proposed with no less than 10 years.

Line Item Description Quantity Unit of Measure

Unit Cost Total No Bid

1 Golf Course Management & Operation

10 Per Year

TOTAL

FOOD & BEVERAGE MANAGEMENT & OPERATION

Unit pricing must include all charges for one year of operations. In addition, vendors must indicate the number of years being proposed with no less than 10 years.

Line Item Description Quantity Unit of Measure

Unit Cost Total No Bid

2 Food & Beverage Management & Operation

FAMILY GOLF MANAGEMENT & OPERATION

Unit pricing must include all charges for one year of operations. In addition, vendors must indicate the number of years being proposed with no less than 10 years.

Line Item Description Quantity Unit of Measure

Unit Cost Total No Bid

3 Family Golf Management & Operation

6. REVIEW AND AWARD RECOMMENDATION PROCESS

1. Review and Award

A screening committee will determine which proposals are responsive to RBOC/City requirements and needs. The technical portions of responsive proposals will be evaluated by a selection panel consisting of personnel from the RBOC/City. The selection may be based solely on the written proposals submitted.

PROPOSERS may be invited to a meeting to provide additional clarification of the content of their proposal. The RBOC/City reserves the right to invite all of the PROPOSERS for an oral clarification OR a selected number of qualified firms based on the initial written proposal review. The meeting will not alter the selection criteria but will be used to clarify content of the proposal.

The final scoring and ranking will be made after the meetings. Proposals shall consist of the sections named in the “Contents of Proposal” outlined below.

The weighted scoring in the Evaluation Criteria prioritizes the factors most important for this solicitation. A winner will be chosen based on the Total Average points of all evaluators across all scoring factors.

Once an agreement is reached with a Proposer, staff will recommend award of a contract. The RBOC/City reserves the right to select the firm which, in its sole judgment, best meets the needs of the RBOC/City.

For City Departments: Any contract resulting from this RFP, if $25,000 or more, shall not be effective until approved by the City Manager. Any contract resulting from this RFP, if $75,000 or more, shall not be effective until approved by the City Council.

For Operating Companies (such as the Rose Bowl): Any contract resulting from this RFP, if less than $75,000, shall not be effective until approved by the top executive official of the Operating Company. Any contract resulting from this RFP, if $75,000 or more, shall not be effective until approved by the Board of the Operating Company.

2. Separate Review of Technical, and Price Proposals

The Technical Proposal and the Price Proposal will be evaluated separately. First will be all non-price qualifications including but not limited approach, experience, all Required Forms, litigation history, responsiveness, and all elements related to the non-price evaluation factors in the Evaluation Criteria (#Evaluation Criteria). The RBOC/City may utilize separate evaluation committees to review the Technical and Price elements.

3. Split Award

Proposals will be evaluated and awarded independently for each Group listed below, the contract awards will be made to the highest scoring proposal for each Group. Vendors may respond to any of the Groups listed below:

• Group One: Golf Course Management and Operation https://procurement.opengov.com/portal/pasadena/projects/54754?section=undefined

• Group Two: Food and Beverage Management and Operation

• Group Three: Family Golf Management and Operation

The contract award for each Group will be made from among responsive and responsible proposers.

7. PUBLIC CONTRACT CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.

For this legislation, a “public works project” is defined as “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.” This definition is not as broad as in the Prevailing Wage Law.

A “claim” is defined as “a separate demand by a contractor sent by registered mail or certified mail with return receipt requested…” and is limited to three types of contract disputes:

1. “A time extension…for relief from damages or penalties for delay assessed by a public entity….”

2. “Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled”, and/or

3. “Payment of an amount that is disputed by the public entity.”

Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety."

For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.

If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute." The public entity must schedule the meet and confer conference within 30 days of the demand.

Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute.

Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference. Amounts not paid in a timely manner shall bear interest at 7 percent per year.

After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation." If mediation fails to resolve the dispute, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).

The full text of this new legislation is set forth below:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 9204 is added to the Public Contract Code, to read:

9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district,…