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HomeMy WebLinkAboutC35730 - Negotiate Maintenance Operations of Desert Willow Golf Resort (DWGR)CONTRACT NO. C35730 CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: AUTHORIZATION TO NEGOTIATE AN AGREEMENT WITH KEMPER SPORTS MANAGEMENT, INC. FOR THE MAINTENANCE AND OPERATIONS OF THE DESERT WILLOW GOLF RESORT SUBMITTED BY: Rudy P. Acosta, Assistant City Manager DATE: December 8, 2016 CONTENTS: Copy of RFQ/RFP for Desert Willow Golf Resort Maintenance/Management Operations Recommendation By Minute Motion that City Council provides authorization for staff to: 1. Negotiate an agreement between the City of Palm Desert, the Palm Desert Recreational Facilities Corporation and Kemper Sports Management, Inc., for the maintenance and operations of the Desert Willow Golf Resort and, 2. In accordance with the current Desert Willow Golf Resort management agreement, provide Kemper Sports Management, Inc., with notice, prior to January 1, 2017, of the City's intent to execute a new agreement for the operation of Desert Willow Golf Resort effective in Fiscal Year 2017-2018. Committee Recommendation Based upon City Council direction, an eleven -member evaluation committee was formed to review and evaluate qualification/proposal submissions, interview qualified firms and recommend to the City Council the highest -rated golf course operations firm for the management/maintenance operations of Desert Willow Golf Resort. The committee met on November 15, 2016 to conduct the interview portion of the proposal evaluation process with the three firms who submitted qualification/proposal packages, during which each firm made a presentation to the committee. Upon completion of the process, the committee unanimously decided to recommend Kemper Sports Management, Inc., as the highest -rated and best qualified firm for the maintenance and operations of Desert Willow Golf Resort. Staff Report Desert Willow Golf Resort Operator Authorization December 8, 2016 Page 2of5 Envision Palm Desert The continued development and successful operation of Desert Willow Golf Resort aligns with multiple objectives of the City's Strategic Plan. Desert Willow's golf courses and hospitality components provide Palm Desert residents and guests a premier resort - recreational experience within an environmentally responsible and sustainable environment. Desert Willow's hospitality properties also provide a variety of employment opportunities, a continued revenue source for the property's maintenance costs and an opportunity to increase the City's transient occupancy tax revenue through expansion of the remaining undeveloped sites. Backqround On September 22, 2016, the City Council authorized the solicitation and advertisement of a Request for Qualifications/Proposals (RFQ/RFP) for the maintenance and operations of Desert Willow Golf Resort (DWGR). At that time, the City Council recommended edits to the draft RFQ/RFP document that included the removal of the $500k operational cash reserve requirement and the removal of the 20-mile radius non - compete clause. (Both items are a part of the current DWGR Operations Agreement). The Council also recommended that qualifying firms be queried on specific experience with municipal golf courses developed using tax-exempt bond financing, and their marketing or golf programs created in response to the golf industry decline. Additionally, the Council directed the formation of a RFQ/RFP evaluation committee to examine submissions and conduct interviews with the qualified firms. The City Council directed staff to include on the committee community members with expertise in the golf industry. On October 3, 2016, the RFQ/RFP was officially released, posted on the City website and publicly noticed October 5 and 12, 2016 in the Desert Sun newspaper. Between September 23 and 26, 2016, staff was contacted by eight of the golf industry's top 20 operator firms regarding the RFQ/RFP. Their calls were initiated by the Desert Sun article published in the September 23, 2016 edition regarding the Council action the night prior. In each conversation, the firms were notified of the official RFQ/RFP release date, the mandatory site tour (10/10/2016) and the submission deadline date. Firms were also advised that the submission review process would follow the requirements of a Qualification Based Selection (QBS), which selects a service provider based upon an evaluation of the firm's qualifications to provide the required services. On October 10, 2016, staff facilitated a Desert Willow Golf Resort site tour that included the golf courses, the clubhouse, the maintenance facility, the resort pads and other related ancillary sites. Staff also conducted a mandatory one -hour question -and -answer session with the interested firms. Three golf course operator firms elected to participate in this portion of the RFQ/RFP process. On October 31, 2016, the Office of the City Clerk received a total of three submission packages by the required deadline. The submissions were from the same three firms G \ECON DEVELOPMENT\RUDY ACOSTA\STAFF REPORTS - 2016\KEMPER-DWCONTRACT12-8-16A DOCX Staff Report Desert Willow Golf Resort Operator Authorization December 8, 2016 Page 3 of 5 that attended the site tour: Marriott International/Marriott Golf Inc., Century Golf Partners/Arnold Palmer Golf Management, and Kemper Sports Management, Inc. In order to facilitate the RFQ/RFP evaluation process, staff assembled binders for each member of the evaluation committee and distributed the same one week prior to the interview date. The binders included a copy of the submissions from each firm, evaluation guidelines/instructions, evaluation criteria and submission scoring sheets. The objective was for each committee member to complete a full evaluation of the printed submission material prior to the interview. Per City Council direction, the committee members included: City Council members Van Tanner and Sabby Jonathan, City Manager Lauri Aylaian, Finance Director Janet Moore, Public Works Director Mark Greenwood, Economic Development Director Martin Alvarez and Senior Financial Analyst Anthony Hernandez. In addition, three community at -large members served on the Committee: Tim Skogen, Executive Director of the First Tee Coachella Valley, Bob Marra, VP Sales for Career Builder Challenge, and Ruben Ramirez, Golf and Estate Grounds Superintendent at Porcupine Creek. On November 15, 2016, the evaluation committee met to conduct the RFQ/RFP proposer interview process. Each firm was allotted one hour in which to present their material and field questions from committee members. Upon completion of the interviews, the committee conducted a 90-minute discussion of their respective evaluations and reviewed the proposals submitted by the firms. Based upon the overall scoring of the submission materials, the interview and the proposal, the evaluation committee unanimously ranked the proposers as follows: 1. Kemper Sports Management Inc. 2. Century Golf Partners/Arnold Palmer Golf Management 3. Marriott International/Marriott Golf Inc. In accordance with the QBS process, the evaluation committee concluded Kemper Sports Management Inc. was the highest -rated firm and directed staff to forward their recommendation to the City Council for authorization to negotiate an agreement. The Council should note that the committee was unanimous in their ranking and recommendation. Kemper Sports Management (KSM) is the current operator at Desert Willow Golf Resort. KSM is providing maintenance/management services as per the Council authorization (December 10, 2015) to extend contract services for one year. The contract term extension commenced on July 1, 2016 and will terminate on June 30, 2017. The recommended Council action tonight will authorize a new agreement to be negotiated with KSM. As such, the City is required to abide by a clause in the current agreement to provide KSM with notice of the City's intent, six months prior to contract expiration, or January 1, 2017. Accordingly, the recommendation includes authorization to provide KSM with the required notice. G \ECON DEVELOPMENT\RUDY ACOSTA\STAFF REPORTS - 2016\KEMPER-DWCONTRACT12-8-16A DOCX Staff Report Desert Willow Golf Resort Operator Authorization December 8, 2016 Page 4 of 5 Discussion The current Desert Willow operations agreement has evolved over the years to adapt to various changes in the Resort, the economy, and the golf industry. The current contract format and specifications have served the property, the City, and guests of Desert Willow well. Desert Willow's performance as a business enterprise has been financially successful and has allowed the City to mitigate any burden on the General Fund. The standard and quality of the maintenance, programs and services offered at Desert Willow continues to generate positive reviews and the highest customer rankings among similar resort properties. Therefore, programmatically, staff included current Desert Willow operations performance specifications and quality standards as an essential criterion in the evaluation and ultimate determination of the most qualified firm. Specifically, the preservation of Desert Willow's character, amenities, services and programs was required to be reflected as the highest priority in the interview and evaluation process. Additionally, per City Council direction, proposers were required to address the pros and cons of two significant clauses within the current Operator Agreement: 1) The prohibition on operation of any other golf course property within a 20-mile radius of Desert Willow without the City's approval. 2) The Operator guarantee to maintain a minimum cash reserve of $500,000 at the sole cost of the operator. This provides that any cash flow needs in excess of operational revenues be funded by the operator at the end of each month. The guarantee curbs the enterprise fund from seeking potential short-term operational cash flow from the City's General Fund at any time the property is managed by the operator. Among the evaluated firms, only KSM would commit to adhering to the 20-mile radius restriction. Although this was not a deciding factor, the committee ultimately saw the exclusivity as an advantage to the property and therefore recommends maintaining the clause within the new agreement. In short, the other firms did not effectively convince the committee otherwise. The latter item was specifically addressed by KSM in their cost proposal, with options for potential fee reductions if the prohibition clause were removed. The Century Golf Partner proposal did not address the cash reserve either in their submission or fee proposal; however, during their interview, they mentioned that they may be capable of providing the cash reserve, but they were not forthcoming as to what, if any, affect it would have on their proposal. As mentioned, the evaluation committee deliberated for approximately 90 minutes after the final interview was completed. Along with their unanimous recommendation, the committee requested that staff, if possible, negotiate a draft agreement with KSM to be included as part of tonight's recommendation. The committee also provided staff with G \ECON DEVELOPMENT\RUDY ACOSTA\STAFF REPORTS - 2016\KEMPER-DWCONTRACT12-8-16A DOCX Staff Report Desert Willow Golf Resort Operator Authorization December 8, 2016 Page 5of5 suggested options for operations fees and incentive fees. However, based upon advice from Successor Agency legal counsel, staff ran into complications with options for incentive fees and was therefore unable to assemble and negotiate a timely draft agreement. Staff will bring forth a draft agreement at the next available City Council meeting for appropriate action. Fiscal Analvsis: The recommended action is for authorization to negotiate an agreement with Kemper Sports Management. Therefore, the fiscal analysis is not addressed in this staff report. The subsequent staff report will provide a recommendation to authorize execution of an agreement, if staff is successful in its negotiations. A fiscal analysis will be provided within the body of the same report. Submitted by: Rudy P�Acosta, Assistant City Manager Approval: Lauri Aylaian, City Manager Reviewed: J n Noore, Director of Finance G \ECON DEVELOPMENT\RUDY ACOSTA\STAFF REPORTS - 2016\KEMPER-DWCONTRACT12-8-16A DOCX CITY OF PALM DESERT RFQ/RFP: (C35730) REQUEST FOR QUALIFICATIONS/PROPOSALS FOR GOLF COURSE MAINTENANCE AND MANAGEMENT OPERATIONS SERVICES I.A DESERT WILLOW GOLF RESORT DUE DATE: OCTOBER 31, 2016 TABLE OF CONTENTS PAGE NO. PART1 — GENERAL INFORMATION..................................................................................................................2 1.1 The City of PALM DESERT............................................................................................................................2 1.2 Solicitation Purpose........................................................................................................................................2 PART2 - NOTICES TO PROPOSERS.................................................................................................................3 2.1 Public Disclosure Proposal Information...........................................................................................................3 2.2 Bid Notification...............................................................................................................................................3 2.3 Request for Clarification.................................................................................................................................3 2.4 Schedule of Events.........................................................................................................................................4 2.4.1 Pre -Proposal Conference............................................................................................................................4 2.5 Contract Period (Initial and Option Terms)......................................................................................................4 2.6 Notices of Instruction to Proposers.................................................................................................................4 PART3 - SCOPE OF WORK............................................................................................................................................... 7 3.1 Scope of Work and Minimum Requirements...................................................................................................7 PART 4 - PROPOSAL FORMAT AND SUBMISSION...........................................................................................11 4.1 Proposal Format and Structure.......................................................................................................................11 4.2 Copies Required............................................................................................................................................12 4.3 Fee Proposal..................................................................................................................................................12 PART5 - PROPOSAL EVALUATION...................................................................................................................13 5.1 Evaluation Criteria..........................................................................................................................................13 5.2 Evaluation Criteria Description........................................................................................................................14 5.3 Evaluation and Award Process -General Information.......................................................................................15 5.3.1 Evaluation and Award Process....................................................................................................................15 PART 6 - MANDATORY SUBMITTALS.................................................................................................................................................16 6.1 Business Information Certification...................................................................................................................16 6.2 Non -Collusion and Business Disclosure Affidavit....................................................................................................... 16 6.3 Indebtedness Affidavit....................................................................................................................................16 ATTACHMENTA - CONTRACT CLAUSES..................................................................................................................................16 1 PART 1 — GENERAL INFORMATION 1.1 The City of Palm Desert -Desert Willow Golf Resort The city owned Desert Willow Golf Resort consists of; two 18-hole golf courses designed by architects Dr. Michael Hurdzan and Dana Fry and known as the Firecliff and Mountain View Golf courses. Firecliff and Mountain View were opened in 1996 and 1998 respectively. The golf resort also features a 37,000 square foot clubhouse, a golf course maintenance facility, a golf academy, a driving range and over 100 acres of surrounding resort properties in various stages of development completion. Since its opening in 1996, Desert Willow Golf Resort has set the standard for high -end municipal owned golf developments and continues to be recognized by golf industry publications and patrons amongst the finest golf resort properties in the country. Desert Willow Golf Resort was developed with the expressed vision and intention to provide residents and visitors with golf amenities offering a "high -end country club experience". Equally as important, Desert Willow Golf Resort was developed as an Economic Development catalyst. Current and future development of the designated resort, hotel and retail properties assist in the expansion of the City's tax revenue. 1.2 Solicitation Purpose The City is inviting proposals from interested and qualified golf course operation firms for the maintenance and management operations of the City's Desert Willow Golf Resort, featuring two world class 18-hole championship golf courses designed by renowned golf course Architects, Dr. Michael Hurdzan and Dana Fry. The City desires to conduct a comprehensive interview and evaluation process of the submittals received from interested golf course management firms that will determine the highest rated/most qualified firm to be recommended to the Palm Desert City Council for award of a contract to perform maintenance and management operations at the Desert Willow Golf Resort. It is the City's intent to complete the evaluation process and determine the recommended firm by December 2016. The awarded firm shall expect to commence contractual services at or about July 1, 2017. Desert Willow Golf Resort consists of the following major elements, all of which will be under the management of the selected Golf Course Management Firm ("Management Firm"): A. Two 18 hole championship golf courses with: an appropriately -sized maintenance facility and appropriate inventory of major equipment, such as the irrigation system and irrigation control system, pump station, cart paths, course restrooms and water fountains, tee signs and benches and a maintenance barn with offices, restrooms, work benches, cabinets, equipment lift and wash pit. B. An appropriately sized driving range, putting/chipping greens. A general site plan for the Desert Willow Golf Resort is attached as Exhibit "A". C. A clubhouse which will contain an equipped commercial restaurant, bar and entertainment areas for tournaments, cart service for golf course food and beverage, and other related type activities and events. The clubhouse design is attached as Exhibit "B". The Maintenance Facility design is attached Exhibit "C". D. A pro shop for the sale of golf related sporting goods and apparel. 2 PART 2 - NOTICES TO PROPOSAL FIRMS.............................................................................. 2.1 Public Disclosure of Proposal Information Proposal firms are cautioned that once a proposal submittal package is opened, all information contained therein will be available to the PUBLIC unless the information is an exception from the requirements of Government Code Section 6250-6276.48 pertaining to Public Record Act. The exception that allows the City to protect information that, if released, would give advantage to a competitor or bidder does not apply after the bidding is complete and the contract has been awarded. Trade secrets, commercial or financial background data and privileged or confidential information may be excepted from public inspection. If any information contained in your proposal submittal qualifies for an exception because it falls into one of the categories above it should be clearly marked "CONFIDENTIAL" and the basis of your claim of confidentiality should be stated. Data so identified will be maintained as a protected record. Proposal firms who claim that information contained in a bid should be protected from public disclosure after the award of the contract may be asked to support such claim if the City receives an Public Records request for the information and requests a determination by the City Attorney. 2.2 Bid Notification If you received your copy of this solicitation from any source other than directly from the City of Palm Desert, and you plan to respond to it, please notify the City immediately. You will be placed on the active `Proposal Firms' list and will be directly sent all amendments and notices pertaining to the solicitation. It is highly recommended that Proposal Firms supply a contact person's name along with their telephone number, fax number, and E-mail address. NOTE: ANY CHANGES IN DUE DATE OR MATERIAL CHANGES OF THE RFQ/RFP SOLICITATION WILL BE POSTED ON THE CITY OF PALM DESERT WEBSITE: www.citvofpalmdesert.orq It is the Proposal Firm's responsibility to ensure that they have all pertinent information regarding the RFQ/RFP solicitation, including all amendments prior to submitting their proposal package. Please check the website, even after submitting, to ensure that you have all amendments as they may be posted at any time, up to and including the day of bid opening. 2.3 Request for Clarification Requests for clarification on any part of the RFQ/RFP materials provided, the process or information requests regarding Desert Willow Golf Resort shall be submitted via email to the City staff person designated below. Due to the schedule for the RFQ/RFP process, it is extremely important that requests for clarification or additional information be submitted in writing no later than 5:00 om. PST on October 24. 2016. Questions submitted after this date may not elicit a response. All proposals or requests for clarification should be sent to the following: BY E-MAIL TO: RUDY P. ACOSTA ASSISTANT CITY MANAGER CITY OF PALM DESERT Email: racosta@cityofpalmdesert.org 3 2.4 Schedule of Events The following Schedule of Events represents the City's estimate of the timetable that will be followed in connection with this RFQ/RFP solicitation: EVENTS DATE AND/OR TIME Release Request for Qualification/Proposal 10/03/2016 Pre-Proposal/Site Walk Meeting 10/10/2016, 1:30-4:30pm Final Day for Submittal of Requests for 10/24/2016, 5:00 pm Clarification RFQ/RFP Submittal Date 10/31/2016, 4:00 pm Proposal Interviews 11/07-11/11/2016, TBD Completion of Evaluation Process 11/18/2016 Contract Award Date 12/08/2016 (estimated) Effective Contract Start Date 07/01 /2017 The City of Palm Desert reserves the right, at its sole discretion, to adjust this Schedule of Events as it deems necessary. If necessary, the City will communicate adjustments to any event in the Schedule of Events in the form of an amendment. Amendments to this RFP will be issued via email to the lead contact person identified by the respective Proposal Firms on the sign -in sheet form which will be distributed at the Pre-Proposal/Site Walk Meeting of 10/10/2016. 2.4.1 Pre -Proposal Conference The Pre-Proposal/Site Walk Meeting will be held between 1:30-4:30 pm PST, on October 10, 2016, at the Desert Willow Golf Course Resort Club House, 38995 Desert Willow Drive, Palm Desert, California, 92260. This meeting will afford each interested Proposal Firm opportunities to ask City representatives questions regarding provisions of the Request for Qualification/Proposal and the Desert Willow Golf Resort. Post meeting, prospective Proposal Firms may submit additional Request for Clarifications only through the process described in Section 2.3 of this document. The City shall make every attempt to respond to Requests for Clarifications in a timely manner and respective of the submittal deadline. Any and all responses will be distributed in writing only to the respective Proposal Firm's identified 'lead contact'. Responses will be identified as `response to request for clarification/information' or 'additional requirements' or a 'formal amendment' to the Request for Qualification/Proposal and will become a binding requirement of the Proposal Submittal Package. 2.5 Contract Period (Initial and Option Terms) The initial term of the Contract will be three (3) years. The contract will include options for the City to extend the contract, at the sole discretion of the City, for two additional one (1) year extensions and shall be subject to City Council approval. 2.6 Notices of Instruction to Proposers Signature of Proposal as person Authorized to Sign All proposal submittals shall bear an original signature, in ink, of a responsible officer or agent of the company. Failure to sign the PROPOSAL portion of the SOLICITATION, OFFER AND AWARD form, or to include a substitute signed document binding the PROPOSER, will be the basis for declaring a proposal non -responsive. 4 2. Effective Period of Proposals Proposals should expressly state that the offer (including all rate and fee proposals submitted in response to this RFP, as well as the scope and character of the services described in the proposal) will remain in effect until at least 120 consecutive days from the date set for the receipt of offers and may be accepted by the City of Palm Desert at any time on or before such date. 3. Required Number of Copies Proposals must be submitted in original form with two (2) additional copies, unless otherwise stated herein. 4. Offer Submission Instructions PROPOSALS MUST BE SEALED WHEN PRESENTED TO THE OFFICE OF THE CITY CLERK. Proposals will be received by the City of Palm Desert until 4:00 P.M., local time, on MONDAY, OCTOBER 31, 2016. Proposals will not be publicly opened and read aloud. 5. Addressing Instructions The envelope containing the proposal submittals must be addressed as follows: CITY OF PALM DESERT OFFICE OF THE CITY CLERK 73-510 FRED WARING DRIVE PALM DESERT, CA. 92260 ATTN: RACHELLE KLASSEN, CITY CLERK Also, please write clearly on a visible section of the submittal envelope, the Request for Qualifications and Proposal Number, Request for Proposal Title and, Proposal Opening Date. 6. Labeling Of Proposals The Due Date and Solicitation Number must be written on the outside of the package containing the proposal offer. The City may open any unlabeled submittal to identify it properly. Proposers are required to identify their package in order to protect the integrity of their proposals and to fully avail themselves of the evaluation and selection process. 7. Proposal Firm Delivery Responsibility Proposal submittals received at the City Clerk Office after the specified date and time will not be accepted. Package delivery services such as FedEx, UPS, etc. deliver packages addressed to the City Clerk's Office, Attn: Rachelle Klassen. U.S. Postal Service deliveries, including Express Mail, are tvpically delivered to the Mail Room at City Hall and may or may not be delivered by the Mail Room to the City Clerk by the time and place proposals are recorded. The Proposer accepts all responsibility for delivering its proposal submittal package to the address stated above within the specified time or the submittal will be considered non -responsive and will be mailed back unopened. If the envelope does not reflect a return address, it will be opened for the sole purpose of obtaining the return address. 8. Descriptive Literature Descriptive literature, where applicable, containing complete scope of services or other information sufficient for the City to determine compliance with the RFQ/RFP specifications must accompany each proposal in DUPLICATE. If a Proposer wishes to furnish additional information more sheets may be added. The City is not responsible for locating or securing any information that is not identified in the proposal and 5 reasonably available to the City, and the City will not be responsible for locating or securing information not included with the proposal. In conducting its assessment, the City may use data provided by the Proposer and data obtained from other sources, but while the City may elect to consider data obtained from other sources the burden of providing thorough and complete information rests with the Proposer. 9. Offer Documents, Supporting Literature and Related Data Related data, where applicable, will be made part of the proposal. All documents, literature and related data submitted as an offer become the property of the City of Palm Desert. 10. Alternate Offers The City of Palm Desert is not accepting alternate proposals for review, evaluation and/or consideration. 11. Acknowledgement of RFQ/RFP Amendments All Amendments shall be acknowledged on the Solicitation of Proposals form provided. Failure to do so may cause the proposal to be rejected. It is the Proposer's responsibility to ensure that all information regarding the RFQ/RFP, including all amendments, is included in the offer. Amendments may be posted at any time up to and including the due date. 12. Proposal Submittal Preparation Cost This solicitation does not commit the City of Palm Desert to pay any costs incurred in preparing and submitting the proposal or to contract for the services specified. This RFP is not to be construed as a contract or a commitment of any kind, nor does it commit the City of Palm Desert to pay for any costs incurred in the preparation of a formal presentation, or for any costs incurred prior to the execution of a formal contract. 13. Additional Information For further procedural information concerning this Request for Qualifications/Proposal contact the point of contact for contract administration (refer to Section 2.3 for contact details). 14. Notification to Unsuccessful Proposers All awards are authorized by the City Council of the City of Palm Desert. All City Council agenda are posted on the City of Palm Desert's Web Page for review by all Proposers at: www.citvofpalmdesert.ora. 15. Acceptance or Rejection of Proposals The City reserves the right to accept or reject any or all proposals, to waive all minor technicalities, and to accept the proposal or proposal determined to be the most advantageous to the City. Additionally, the City may accept a proposal subject to an exception if, in the sole judgment of the City, the proposal meets or exceeds the City's specifications. 16. Time [RESERVED] 17. Debriefing Requests A written request for a debriefing should be directed to the City contact identified in Request for Clarification Section 2.3 within five (5) days after the date of award. Debriefing requests will be scheduled with the appropriate evaluation committee and/or city representative. 18. Protest/Dispute Procedure Only a Proposer who has actually submitted a proposal may appeal an award decision. Failure to follow the requirements of the Protest procedures established by the City of Palm Desert, California, shall constitute a waiver of all protest rights. Protest must be made after the Council agenda has been posted and by 5 p.m. the day before the Council meeting in which the award will be made. The Proposer must write a letter to Rachelle Klassen, City Clerk, using the phrase "Proposal Protest" to the address listed in Section 5 above. Protest must be sent by certified or registered mail or delivered in person. Note: City Council agenda is posted on the Friday prior to Council meeting held on the following Thursday. The written protest should include 1) the Request for Proposal number and should clearly state, with particularity, the relevant facts believed to constitute an error in the award recommendation, or desired remedy; 2) a specific identification of the statutory or regulatory provision that the Protesting Proposer alleges has been violated and the provisions entitling the Protesting Proposer to relief; 3) a specific factual description, with particularity, of each action by the City that the Protesting Proposer alleges to be a violation of the statutory or regulatory provision that the Protesting Proposer has identified pursuant to item (2) of this paragraph (mere disagreement with the decisions of City employees does not constitute grounds for protest). If there is no disputed issue of the material fact, the Protest must indicate this as well. Only the information provided within the protest period will be considered for response. PART3 - SCOPE OF WORK................................................................................................ 3.1 SCOPE OF WORK AND MINIMUM REQUIREMENTS The Management Firm will be responsible for the maintenance, operation, marketing and management of the facilities. The Management Firm must demonstrate its experience and knowledge in managing and operating public golf facilities. Experience in developing and managing first-class golf courses in a desert environment is highly desirable. The Management Firm shall address, in its proposal, the firm's ability to provide the following specific services: Management Services and Minimum Qualifications: • Maintain and operate the golf courses and ancillary facilities in a first-class manner consistent with the quality expected in a premier golf resort in accordance with standards established by the City. • Have demonstrated experience in preparing and managing a golf course in a manner required by PGA Tour specifications. • Have demonstrated experience in interfacing with "5-Star" quality hotel management in accommodating hotel guests' golf play. • If applicable, assist the City in negotiating arrangements with concessionaires, licensees, tenants and other users of the facilities. • Prepare and submit to the City an annual operating budget including expenditures for facility operation and maintenance, repairs and alterations, furnishings, equipment and operating inventory, advertising, sales and business promotion and a five (5) year capital improvement program. • Obtain and maintain all necessary food and beverage permits from the Riverside County Health Dept. • In cooperation with City staff, develop and implement finance and accounting procedures necessary to accurately account for all income and operational expenses. • Provide a system that allows the City Finance Department to review the golf course financial records at any time. • Maintain an appropriate level of supplies for the facility and its customers. 7 • Hire, train and supervise the staff necessary to manage and operate the facilities. • Provide a general manager for the golf course to be responsible for day-to-day management who shall reasonably be available during normal working hours. • Provide a director of golf who is a current Class "A" member in good standing of the Professional Golf Association or Ladies Professional Golf Association. • Provide United States Golf Association golf handicap services to both men and women golfers who patronize the facility. • Provide starter services in golf shop including assignment of tee times and carts and the collection of fees. • Provide paid marshals when course is open for play to closely monitor and control speed of play. • Provide Professional Golf Association or Ladies Golf Association certified instructors for golf lessons. Golf Course Operations and Maintenance Minimum Standards: 1. Greens Maintenance Manager shall maintain all greens in accordance with accepted playability and industry wide and City Landscape standards. Without limiting the generality of the foregoing, Manager shall maintain all greens in accordance with the following minimum requirements: • Change cups and repair ball markers daily. • Mow and maintain greens to provide "Best in Class" playing surfaces year round, with a reel -type mower designed: specifically for mowing golf greens and of the type, make and model accepted by the golf industry. • Verticut all greens as needed to control mat and thatch buildup. • Aerify greens as needed and remove plugs the same day, top -dress the greens following each aerification if necessary, or if conducive to aerification goals and season. • Treat greens with proper chemicals to control insects, disease, and other pests. • Fertilize greens at a rate and frequency that will promote healthy turf propagation. Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term and monthly thereafter. Complete soil tests to be performed quarterly. Manager shall apply fertilizer in the quantity and type recommended by such analysis in a manner to provide uniform growth of turf. 2. Tee Maintenance Manager shall maintain all tees in accordance with accepted playability and industry wide standards. Without limiting the generality of the foregoing, Manager shall maintain all tees in accordance with the following minimum requirements: • Service tees daily by moving markers and ball washers as needed based on volume of play and turf damage. Change tee towels regularly and keep ball washers filled to proper level with water and an appropriate cleaning agent • Mow and maintain tees to provide "Best in Class" playing surfaces year round with reel -type mower at appropriate height for turf type and climate conditions. • Verticut tees as needed for thatch removal. • Repair worn and damaged turf areas as they occur by overseeding or resodding to ensure playable tees at all times. • Treat tees for control of insects, disease, weeds, and other pests necessary to maintain healthy turf. • Fertilize tees at a rate and frequency that will promote healthy turf propagation. • Repair divots daily, and Aerify tees as needed, removing plugs the same day. Top -dress the tees following each aerification if necessary and/or conducive to aerfications goals and/or season. 9 3. Fairway Maintenance (including Driving Range Area) Manager shall maintain all fairways in accordance with accepted playability and industry wide standards. Without limiting the generality of the foregoing, Manager shall maintain all fairways (including the driving range area) in accordance with the following minimum requirements: • Mow fairways with a reel -type mower. Verticut fairways as necessary for turf health and playing conditions • Aerify all fairways as needed. • Overseed and top dress (or, resod) worn or bare areas of fairways as necessary Treat turf to control weeds, disease, insects and other pests necessary to maintain weed -free and healthy turf. • Fertilize fairways at a rate and frequency that will promote healthy turf propagation. 4. Maintenance of Rough and Other Turf Areas Manager shall maintain rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with the following' minimum requirements: • Maintain rough to provide desired result, and mow other turf areas at least once per week • Verticut as necessary to promote healthy growth • Aerify as needed and seed or sod worn or bare areas in turf as necessary Treat turf to control weeds, diseases, insects, and other pests to maintain a healthy turf. • Fertilize rough at a rate and frequency that will promote healthy turf propagation. 5. Maintenance of Nursery Manager shall maintain sod nurseries for the greens at all times according to the foregoing greens maintenance specifications. 6. Maintenance of Accessory Equipment Manager shall maintain all golf course accessory equipment. In a clean, safe, functioning condition at all times, replacing with equipment and/or materials as necessary, including, but not limited to, the following: • Signs • Tee markers. • Ball washers, including tee towels and soap. • Out-o-bounds markers, water hazards, cart directional signs, etc. • Directional flags and poles. • Distance markers (150 yards, etc.). • Greens flags, poles and cups Practice green markers and cups. • Trash receptacles • Cleat brushes 7. Irrigation Manager shall maintain the entire irrigation system serving the Golf Course property, including main lines, valves, lateral lines; sprinkler heads, and controllers, in good repair, functioning properly and conforming to all related codes and regulations at all times. Manager shall irrigate the Golf Course property as required to E maintain adequate moisture for growth rate and appearance in accordance with accepted industry standards. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensor devices, and programming irrigation controllers accordingly. In addition: • Consideration shall be given to soil texture, structure, water holding capacity, drainage, compaction, precipitation rate, run-off, infiltration rate, percolation rate, seasonal temperatures, prevailing wind condition, time of day or night, type of grass or plant, and root structures. • In areas where wind creates problems of spraying onto private property or road rights -of -way, the controller shall be set to operate during the period of lowest velocity. • Manager shall be responsible for monitoring all systems within the Golf Course property and for correcting the same for coverage, adjustment, clogging of lines, and sprinkler heads, and removal of obstacles, including plant materials, which obstruct the spray. • Manager shall check the system daily and adjust and/or repair any sprinkler heads causing excessive run-off, or which throw directly onto, roadway, paving or walks within rights -of -way. • The central control system shall be inspected on a daily basis and adjusted as required, considering the water requirements of each remote control valve • A soil probe or tensiometer shall be used regularly to determine the soil moisture, content in various areas, with particular attention being given to the greens. • Manager shall repair all leaking or defective valves within appropriate time period. • Upon written request by City, Manager shall file a monthly statement with the City certifying that all irrigation systems are functioning properly. • If there is a reduction of the volume of water supplied to the Golf Course property during peak demand periods, the priority of water distribution by Manager shall be as follows: (a) greens, (b) tees, (c) fairways, and (d) other turf and landscape areas. 8. Other Required Duties • Manager shall remove all litter from the Golf Course grounds; including but not limited to the Golf Course, maintenance yard, landscape areas, and the driving range. Manager shall remove all trash and debris resulting from Golf Course maintenance as it occurs. Manager shall clean, repair, and replace trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times. • Manager shall maintain shrub and ground cover plantings and lawn areas in a manner to promote proper healthy growth and an aesthetically pleasing appearance at all times. • Manager shall maintain all trees in a safe, healthy and aesthetically pleasing condition at all times. Trees shall be pruned regularly in order to promote growth, safety, and beauty. • Manager shall maintain all sand traps in a raked, edged, and weed -free condition at all times, replacing sand in kind and rakes as necessary. • Manager shall take whatever preventive steps are necessary and legal to protect all slope areas from erosion at all times, subject to the approved budget. • Manager shall control rodent and other animal pests as necessary to prevent erosion and destruction of plantings. • Manager shall maintain and repair as necessary surface flow lines, swales, catch basins, grates, subsurface drainage systems, and other ,drainage structures in a clear, weed -free and properly functioning condition at all times. • Manager shall observe all legal requirements and safety regulations in the use and storage of chemicals, hazardous materials, supplies, and equipment. • Manager shall maintain the golf maintenance storage room and yard in a clean, orderly, and safe condition at all times, conforming to all applicable laws and regulations. • Manager shall take reasonable measures to protect golfers from injury and the Golf Course from damage in periods of frost, rainy weather and other unusual conditions. • Manager shall maintain bridge abutments and approaches in a safe and stable condition. • Manager shall maintain walkways, steps, handrails on walkways, header -boards, and cart paths in a 10 clean, edged, safe, and weed -free condition. Manager shall maintain, repair, and replace parking lots and driveways to achieve clean, safe and weed -free conditions. Manager shall inspect the following frequently and repair as needed: (a) all area lighting systems for safe and functioning condition, and (b) all golf course parking lots, walkways and interior paved and/or unpaved surface roads. After evaluation of proposals, it is the intent of the City to enter into a contract with the successful proposer, whereby such Contractor will be retained as the Management Firm. A copy of the current Operator contract for services is attached hereto as Exhibit "D". Golf Course Management Agreement The minimum requirements and Scope of Work, as well as certain request for information. PART 4 - PROPOSAL FORMAT AND SUBMISSION................................................................ 4.1 Proposal Format and Structure All submissions must follow the submission guidelines below. in compliance with these requirements. 1. Use fonts no smaller than Times New Roman, 10 point. proposal, and appendices should not exceed 100 pages. 2. All pages must be numbered. The City reserves the right to reject proposals not Maximum length including title page, the entire 3. Address qualifications criteria in the order presented in PART 5 — PROPOSAL EVALUATION. 4. Major sections must have page breaks between them and the following sections. 5. The proposal must be signed and titled by a duly authorized representative of the Proposer. In addition, the City requires that all proposals contain the following: 6. Title Page — Clearly label with the RFP number, RFP title, Proposer's name, mailing address, and fax number, and the name, telephone number, and email address of a contact person. 7. Table of Contents — Identify the page location of each major section. 8. Introduction — Provide brief narrative of background and general qualifications of the Proposer, including any experience with services/products similar in scope and/or size to those requested in this RFP. 9. Proposer's Proposal — Include all pages from this Request for Proposals in addition to any other materials submitted by the Proposer. State in succinct terms the Proposer's understanding of the services to be provided and how the Proposer anticipates being able to meet the scope of work as delineated within Part 3 Scope of Work and Golf Course Management Agreement. 10. Contract Clauses and Forms — Include all pages and completed forms. In addition to the above information, describe any prior or pending litigation, civil or criminal, involving a governmental agency or which may affect the performances of the services to be rendered. This includes any instances in which the Proposer or any of its employees, subcontractors, or sub -consultants is or has been involved within the last three years. 11. Client list — include points of contact and relevant information from three or more organizations that have used your company for similar products/services within the last five years. 12. Response must demonstrate your comprehension of the objectives and services from the RFP. Do not 11 merely duplicate the Scope of Work as presented within this RFP. 13. Appendices — include any additional information that the Proposer deems important to the decision process but that is not specified elsewhere in the RFP. 14. Identify by name and title the individual responsible for the administration of the project. (That is, the individual who has the responsibility to oversee the contract, not a firm's contract negotiator, etc.) 15. Identify the project organization and staffing. A project organizational chart is to be provided, along with resumes of the personnel assigned to the project. Level of staff for work to be performed under this Contract. Proposals must describe the work to be performed by the individuals you name to perform essential functions and detail their specific qualifications and substantive experience directly related to this RFP. A response prepared specifically for this RFP is required. Marketing resumes often include non- relevant information that may detract from the evaluation of a proposal. Lists of projects are not useful. Focus on individual's specific duties and responsibilities and how project experience is relevant to the requirements of this RFP. 16. A list of references that can be contacted to discuss the performance on similar work. If available, provide a sample of comparable data your firm has generated for a similar project. References that are not relevant to RFP should not be included. Therefore, the References provided should be directly related to the requirements in the SOW. The City is particularly interested in government references. The City may obtain other information by sending out questionnaires and/or through other sources. References other than those identified by the Proposer may be contacted by the City with the information received used in the evaluation. The Proposer shall provide references from at least three contracts, within the last three years that are similar in size, scope and complexity to Part 1 - Desert Willow Golf Resort. At least two POCs shall be provided from the following (in descending order of availability): Director of Finance or similar department head; Procuring Contracting Officer/Procurement Negotiator or equivalent: City Manager/Administrator or equivalent; Assistant Director of Finance or equivalent. 17. Additional Information. Proposers are advised not to consider loose brochures (e.g. general marketing material) as qualified submittal materials for evaluation. Only pertinent information will be part of the review and evaluation process. 18. The Proposer's attention is particularly called to the Disadvantaged Business Enterprise (DBE) Program Requirements governing this Contract. Any Proposer who is not a DBE must make a good faith effort to award at least 2% of the dollar value of the Contract to DBEs. 4.2 Copies Required................................................................................................... Paper — One (1) complete, original copy (signed in blue ink where required) and TWO (2) copies, ALL contained in a single sealed submission. All responses shall contain those pages on which prices, other information, or signatures are required. Electronic — One (1) electronic copy on a CD-ROM or flash drive. Format of the electronic copy must be either .doc (readable by Microsoft Word 2003 or 2007) or .pdf (readable by Adobe Reader 9). The content of the electronic file shall be an exact submission of the hard copies of the proposals (i.e., documents should bear signatures, where applicable and be filled out entirely). In event of discrepancy/conflict between the hard copy and electronic copy will govern. 12 4.3 Fee Proposal........................................................................................................................ The term of this contract shall be for: THIRTY-SIX (36) MONTHS with two (2) additional one (1) year extension options. 4.3.1 FIXED MANAGEMENT FEE FIXED ANNUAL MANAGEMENT FEE TOTAL FOR CONTRACT YEARS 1 THROUGH 3 TOTAL FOR OPTION YEARS 1 and 2 Contract Contract Contract Option Option Year 1 Year 2 Year 3 Year 1 Year 2 d PART 5 - PROPOSAL EVALUATION..................................................................................... 5.1 Evaluation Criteria The proposal evaluation process is designed to award the contract, not necessarily to the Proposal of least cost, but rather to the Proposer with the best combination of attributes (i.e., qualifications and experience, cost) based upon the evaluation criteria specifically established for this RFQ/RFP. Proposers must provide all information outlined in the Evaluation Criteria to be considered responsive. Proposals will be evaluated based on the responsiveness of the Proposer's complete RFQ/RFP information and to the Evaluation Criteria which will demonstrate the Proposer's understanding of the Evaluation process and capacity to perform the required services of this Request for Proposals. Proposals will be evaluated based on the following Evaluation Criteria: EVALUATION CRITERIA A. Qualifications and Experience B. Management and Operating Plan C. Marketing Program D. Fee Proposal TOTAL MAXIMUM POINTS 25 Points 25 Points 25 Points 25 Points 100 Points The establishment, application and interpretation of the above Evaluation Criteria shall be solely within the discretion of The City. The City reserves the right to determine the suitability of proposals on the basis of all these criteria. 5.2 Evaluation Criteria Description 13 The maximum points that shall be awarded for each of the Evaluation Criteria are detailed and described below Evaluation Criteria A - Qualifications and Experience (25) Points The Management Firm must be an organization whose principals have substantial experience and expertise in the Management and operations of other such public golf club facilities. A. Provide detailed information on the Firm's qualifications and experience in the operation and maintenance of municipal golf course facilities with multiple golf courses and related activities/facilities. Additionally, provide narrative relative to your Firm's familiarity and/or experience (if any) with the PGA (or other industry groups/foundations) and its operations and membership. Provide information on the Firm's experience in facilitating professional golf tournaments in accordance with PGA guidelines and specifications. B. Identify each member of the Firm's management team that will be responsible for the implementation of your proposal. Information must include (i) Name and job title, (ii) Contact information, (iii) Specific assignment and level of commitment to this project and, (iv) Resume and professional biography. C. Identify individuals who will be responsible for the day-to-day operations of the Desert Willow Golf Resort Project. Particularly identify whether the operations and management would be provided by the operator or through a subcontractor. D. Provide detailed information on your firm's experience in the operations of irrigation pump systems and reclaimed water storage facilities, in the irrigation of golf course greens and fairways. Evaluation Criteria B - Manaqement and Operatinq Plan (25) Points A. Provide a description of the management structure and operating plan (including staffing plan) to be used in the conduct of the operation. Describe the relationship of the local operating staff to the corporate operating structure, if applicable, and the degree of authority the local manager will have in relation to the corporate operating structure. Please present charts, diagrams or descriptive materials to expand or clarify. B. Provide detailed information on the Firm's personnel policies, training programs, customer service philosophy and employee benefits package. C. Provide detailed information on the Firm's approach to Concession operations. Discuss food and beverage services including drive-thru service, cart service and alcohol services. Provide information relative to subcontracting relationships, if any D. Provide detailed information on Pro Shop operations. Discuss proposed merchandise and proposed themes. Evaluation Criteria C - Marketinq Proqram (25) Points A. Provide detailed information on the Firm's experience in and approach to promoting the game of golf. B. Provide specific information on the efforts the Firm will utilize to attract PGA qualifying events or other tournaments. C. Describe the marketing approach the Firm will utilize to market the Golf Course, with emphasis on measures designed to optimize patronage. Discuss anticipated patronage, targeted consumers and estimated number of rounds per year. 14 D. Provide information on any community benefits associated with the Firm's proposed operations. Describe how the Firm will encourage the use of local companies for goods and services. Evaluation Criteria D - Manaaement Fee (25) Points A. Provide a detailed management fee proposal in the following format: (1) A fixed monthly management fee, or (2) A percentage of revenues/net income fee, or (3) A combination of a base monthly management fee and a percentage of revenue/net income fee 5.3 Evaluation and Award Process -General Information A. All offers are subject to the terms and conditions of this solicitation. Material exceptions to the terms and conditions, or failure to meet the City's minimum specifications, shall render the offer non -responsive to the solicitation. B. Any award made under this solicitation shall be made to the Proposer who provides goods or services, other than professional services as defined by Section 2254.002 of the Government Code, that are determined to be the most advantageous to the City. Criteria to be considered in determining the proposal most advantageous to the City are included below. 5.3.1 Evaluation and Award Process As part of the requirement to establish the responsibility of the Proposer, the City of Palm Desert may perform a price analysis to determine the reasonableness of the price(s) at which the supplies and/or services are offered. Prices that are significantly lower than the mean of all offers and that appear to be unreasonably low may be determined to be evidence of non -responsibility, and cause the Offer to be rejected. A. The Evaluation Committee shall be established to evaluate proposals based solely on the Evaluation Criteria set forth. Criteria not specified in the RFP will not be considered. The City reserves the right to waive any minor irregularities or technicalities in the proposals received. Proposals will be evaluated on an individual basis against the requirements stated in the RFP. B. Minor problems of completeness or compliance may be called to the attention of Proposers for clarification. Substantial deviations from specifications or other requirements of this RFP will result in disqualification of the proposal. C. Cost will not be the only consideration in the selection of short listed proposals or the recommended awardee. Detailed evaluation of proposals will involve a determination of the most favorable combination of various elements contained in this RFP. The selection of the ultimate winning proposal will be based upon what the evaluators believe to be most advantageous to the City. D. During the evaluation process, the City reserves the right, where it may serve in the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. E. After initial evaluation of the submittal packages, the Evaluation Committee may determine a short list of Qualified Proposers to participate in an oral presentation and interview process. The short list of Proposers will include only those proposals that have a reasonable chance of being selected for award considering all aspects of the RFP. The presentation/interview process will be arranged to assist the Evaluation Committee in reviewing only those Proposers within the short list/competitive range. F. The City reserves the right to negotiate the final scope of services, price, schedule, and any and all aspects of this solicitation with all Proposers in the competitive range. Once negotiations are complete, the 15 City shall establish a common date and time for the submission of Best and Final Offers. If a Proposer does not submit a notice of withdrawal of its offer, or a Best and Final Offer, the Proposer's immediate previous offer shall be construed as its best and final offer. H. The best and final offers shall be evaluated in essentially the same manner as the initial offers. The contract shall be awarded to the responsible Proposer whose qualifications, price and other criteria considered, are the most advantageous to the City. I. The City reserves the right to award this contract to one Proposer, to make multiple awards and to award without discussions. The city may reject any or all offers if such action is in the City's interest, award contract other than to the lowest Proposer, waive informalities and minor irregularities in offers received, and award all or part of the requirements stated. J. Proposals that are considered non -responsive will not receive consideration. The City reserves the right at any time during the evaluation process to reconsider any proposal submitted. It also reserves the right to meet with any Proposer at any time to gather additional information. Furthermore, the City reserves the right to delete, add or modify any aspect of this procurement through competitive negotiations up until the final contract signing. K. The successful Proposer's proposal will be incorporated into the final contract. Any false or misleading statements found in the proposal will be grounds for disqualification or contract termination. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this RFP, unless clearly and specifically noted in the proposal and confirmed in the contract between the City and the Proposer selected. PART 6 - MANDATORY SUBMITTALS.................................................................................. 6.1 Business Information Certification.............................................................................. 6.2 Non -Collusion and Business Disclosure Affidavit........................................................... 6.3 Indebtedness Affidavit.............................................................................................. Attachment "A" - CONTRACT CLAUSES...................................................................................... Responsibility Determination The responsibility determination includes consideration of a Proposer's integrity, compliance with public policy, past performance with the City (if any), financial capacity and eligibility to perform government work (e.g., debarments/suspension from any Federal, State, or local government). The City reserves the right to perform whatever research it deems appropriate in order to access the merits of any Proposer's proposal. A. Financial Capacity Determination FINANCIAL INFORMATION Financial Statements. Please provide financial statements for your organization for at least the last two (2) fiscal years as follows: If a publicly held organization: (1) Consolidated financial statements as submitted to the Securities and Exchange Commission (SEC) on Form 10K. (2) The most recent Forms 100 since the last Form 10K was submitted. (3) Any Form 8Ks in your last fiscal year. 16 If a privately held organization: (1) Balance sheet for your last two fiscal years certified by an independent Certified Public Accountant. (2) Statement of income of your last two fiscal years certified by an independent Certified Public Accountant. Management discussion and analysis of your organization's financial condition for the last two years indicating any changes in your financial position since the certified statements were prepared. If not considered proprietary, any recent Management Letters. Evidence of Financial Responsibility. Submit evidence of financial responsibility. This may be a credit rating from a qualified firm preparing credit rating or a bank reference. The City reserves the right to confirm and request clarification of all financial information provided (including requesting audited financial statements certified by an independent Certified Public Accountant), or to request documentation of the Proposer's ability to comply with all of the requirements in the Proposal Documents. Incomplete disclosures may result in a proposal being deemed non -responsive. B. Technical Capacity Determination The City may conduct a survey relating to the Proposer's record of performance on past and present projects that are similar to the scope of work identified in this RFP, which may include services/projects not identified by the Proposer. The City reserves the right to perform whatever research it deems appropriate in order to assess the merits of any Proposer's proposal. Such research may include, but not necessarily be limited to, discussions with outside Proposers, interviews and site visits with the Proposer's existing clients and analysis of industry reports. The City will make a finding of the Proposer's Technical Resources/Ability to perform the RFP scope of work based upon the results of the survey. A Proposer will be determined responsible if the City determines that the results of the Technical Resources/Ability survey reflect that the Proposer is capable of undertaking and completing the RFP Scope of Work in a satisfactory manner. The undersigned hereby acknowledges and agrees that: The Request for Proposals has been reviewed by the undersigned prior to the execution of this proposal; 17 2. The site of the Desert Willow Golf Resort has been inspected by the undersigned, who has become thoroughly familiar with the premises and with the proposed method of operation; 3. The City may reject any or all proposals submitted; 4. The City may award the privilege to the Proposer that, in the sole opinion of the City, provides best value to the City and the public interest; 5. The decision of the City in selection of the successful Proposer shall be final, and not subject to review or attack; and 6. This proposal is made with full knowledge of the foregoing and in full agreement thereto. By submission of this proposal, the Proposer acknowledges that the City of Palm Desert has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to the City of Palm Desert of information sought in such inquiry or investigation. ATTESTED BY: By: (Corporate seal, if applicable) Name: Title: I