GOLF COURSE OPERATIONAL AND FINANCIAL CONSULTING SERVICES FOR THE MINNEAPOLIS PARK AND RECREATION BOARD

Transcription

1 [Type text] REQUEST FOR PROPOSALS GOLF COURSE OPERATIONAL AND FINANCIAL CONSULTING SERVICES FOR THE MINNEAPOLIS PARK AND RECREATION BOARD 2117 West River Parkway, Minneapolis, Minnesota May 1, 2013

2 PROPOSAL OVERVIEW The (the Board) is seeking a highly qualified vendor to provide the following services as the Board considers operational and financial decisions for its golf facilities. 1. Establish a process whereby customers, user groups and other interested community members are engaged throughout the evaluation process. 2. Review past operational and financial performance measures and evaluate future viability and profitability of the golf facilities. 3. Conduct a comprehensive evaluation of the Boards golf facilities and develop strategic recommendations for operational and financial efficiencies and enhancements. 4. Provide an overview of current national golf trends. Provide an in-depth analysis on the local market identifying the golf facilities strengths and weaknesses and provide recommended changes that enhance market share. 5. Provide business visioning with various time strategic courses of action for the golf facilities that have been recommended and proven successful in other similar operations. 6. Provide a thorough written report to the Executive Leadership Team and the Board of Commissioners on the completed analysis. The Director of Golf, Ice and Winter Programs will oversee the direction and quality of work of this consultant. The consultant will work with and have access to necessary Board staff and financial and golf course records and reports. The Board has developed the following information in an effort to identify for Proposer(s) the responsibilities of the. MISSION The shall permanently preserve, protect, maintain, improve, and enhance its natural resources, parkland, and recreational opportunities for current and future generations. The exists to provide places and recreation opportunities for all people to gather, celebrate, contemplate, and engage in activities that promote health, well-being, community, and the environment. 2

3 RESIDENTS RECOGNIZE VALUE OF PARKS Minneapolis residents recognize the value of parks 99 percent think the Park System plays an important role in serving the public, 96 percent think the parks and lakes play a key role in the physical health and wellness of city residents, and 94 percent say the Park System contributes to the economy by increasing the value of properties near parks. CURRENT GOLF OPERATIONS The Board currently manages 108 holes of golf at 6 different golf facilities. The Board operates 5-18 hole championship golf courses, 1-9 hole executive golf course, 1-9 hole par 3 golf course and 3-golf learning centers/driving ranges. 18-Hole Championship Golf Courses 1. Columbia Golf Club & Manor: Established in Located in northeast Minneapolis just 3 miles from downtown Minneapolis. 18-hole championship golf course measuring 6,121 yards. Pro Shop, locker rooms, offices and grill operations located on the first floor. Grill operations are managed by a catering firm. Full liquor service. 275 person capacity reception hall with catering kitchen located on the second floor. 4 catering firms are under contract to provide food service for events held at Columbia Manor and 1 catering firm is under exclusive contract to provide liquor service for events held at Columbia Manor. Adult, junior and corporate league programming. Limited programs operate out of this facility during the winter months (weekends, holidays and school release days) including tubing, sledding, cross country ski equipment rentals and limited food and beverage service. 2. Gross National Golf Club: Established in Located in St. Anthony Minnesota, a suburb just northeast of Minneapolis also located 3 miles from downtown Minneapolis. 18-hole championship golf course measuring 6,348 yards. Pro Shop, locker rooms, offices and grill located on the first level. Storage and cart storage located in the basement level. Grill operations are managed by the Board. 3.2 liquor service. Adult, junior and corporate league programming. Cross country ski trails are groomed on the golf course during the winter months. However, the 3

4 clubhouse is not open and no equipment rentals are provided during the winter months. 3. Hiawatha Golf Club: Established in Located in south Minneapolis. 18-hole championship golf course measuring 6,211 yards. Limited Pro Shop, locker rooms, offices and grill operations and cart storage located on the first floor. Storage space located in the basement level. Grill operations are managed by the Board. 3.2 liquor service. Adult, junior and corporate league programming. Cross country ski trails are groomed on the golf course during the winter months. However, the clubhouse is not open and no equipment rentals are provided during the winter months. 4. Meadowbrook Golf Club: Established in Located in Hopkins Minnesota, a suburb just west of Minneapolis. 18-hole championship golf course measuring 6,252 yards. Pro Shop, women s locker room, offices and grill located on the first level. Men s locker room and storage located in the basement level. Grill operations are managed by the Board. 3.2 liquor service. Adult, junior and corporate league programming. No winter programming occurs at this facility during the winter months. 5. Wirth Golf Club and Chalet: Established in Located in Golden Valley Minnesota, a suburb just west of Minneapolis. 18-hole championship golf course measuring 6,272 yards. Pro Shop, locker rooms, offices and grill operations located on the first floor. Grill operations are managed by a catering firm. Full liquor service. 130 person capacity reception hall located on the second floor. 4 catering firms are under contract to provide food service for events held at the Chalet and 1 catering firm is under exclusive contract to provide liquor service for events held at the Chalet. Adult, junior and corporate league programming. Full programing operates out of this facility during the winter months (Wednesday through Sunday, holidays and school release days) including tubing with tow rope, cross country ski equipment rentals, snowboarding with tow rope, snowboarding equipment rentals and snowshoeing. 9-Hole Golf Courses 1. Fort Snelling Golf Course: Located in historic Fort Snelling in St. Paul near the Minneapolis/St. Paul International Airport. 9-hole executive golf course measuring 4

5 2,682 yards. Combined Pro Shop and grill operations all managed by the Board. 3.2 liquor service. This golf course also has an 18-hole pay to play disc golf course that runs congruently with the ball golf course. The golf course is leased from the Minnesota DNR. The Board pays a yearly rent to the DNR of $55,219 plus 16% of gross revenues. 2. Wirth Par 3 Golf Course: Located adjacent to Wirth Golf Club in Golden Valley Minnesota, a suburb just west of Minneapolis. 9-hole par 3 golf course measuring 1,240 yards. Combined Pro Shop and grill operations all managed by the Board. No liquor service. This golf course also has an 18-hole pay to play disc golf course that runs congruently with the ball golf course. Learning Centers/Driving Ranges 1. Columbia Learning Center: Established in Located adjacent to Columbia Golf Club. Combined Pro Shop and grill operations all managed by the Board. No liquor service. Lighted, 42 station driving range with target greens, grass and mats. Adult, junior and private instructional programming by PGA professionals. First Tee of Minneapolis. 2. Gross National Learning Center: Established in Located adjacent to Gross National Golf Club. No Pro Shop or grill operations. Stand-alone ball dispensers. 18 station driving range with target greens. No grass mats only. Unlighted. Adult, junior and private instructional programming by PGA professionals. First Tee of Minneapolis. 3. Hiawatha Learning Center: Established in Located adjacent to Hiawatha Golf Club. No Pro Shop or grill operations. Stand-alone ball dispensers. 50 station driving range with target greens, grass and mats. Unlighted. Adult, junior and private instructional programming by PGA professionals. First Tee of Minneapolis. Scope of Services SCOPE OF SERVICES AND WORK PLAN The is seeking consulting services to evaluate the current finances and operational practices at its golf facilities as they compare to industry best 5

6 management practices in golf course operations. The consultant s work will engage the community, various user groups including daily fee players, patron and season pass members, league participants, tournament players and Board staff to guide and provide the basis for developing a 10-year Golf Master Plan with specific recommendations that address future capital investments, review of current and past financial and operational data with specific recommended operational changes and capital investment plan to meet industry best practices, golf program offering review, enhancement of service levels and equipment fund review. The consultant will: 1. Prepare a 10-Year Golf Master Plan; 2. Evaluate the future viability and profitability of the golf facilities; 3. Conduct a comprehensive review and evaluation of the Boards golf facilities as outlined and specified below in the Work Plan; 4. Provide an overview of the current national and local golf market including demographics and a summary review of the competition; 5. Establish a community engagement process that encourages active public participation throughout the evaluation period; 6. Provide a thorough report to the Board Golf Staff, Executive Leadership Team and the Park Board of Commissioners on the analysis completed; and 7. Provide recommended course(s) of action for the golf properties by March 31, The s Director of Golf, Ice and Winter Programs will oversee the direction and quality of work of this consultant. The consultant will work with and have access to necessary Board staff, Board financial and golf course records and reports. It is the Boards intention to use in-house resources to the full extent possible. Board employees may be assigned by, or requested from our various Departments by the Contract Administrator to assist the Consultant in the assembly of public documents or the release of public information related to the Project. The Board is aware that that certain tasks outlined in the Work Plan below may necessitate the Consultant to outsource certain tasks pertaining to Golf Course Asset Analysis. If outsourcing is requested, the Consultant shall prepare a proposal for these services and submit it to the Contract Administrator for review. The Board reserves the right to participate in the selection process of any outsourced service provider. 6

7 Work Plan To achieve these outcomes the consultant will be expected to complete the following tasks. Interested Vendors may include additional elements and or tasks consistent with the above Scope of Services but may not delete any task element listed below. Task 1: Financial Analysis of Golf Operations a. Conduct a thorough evaluation of past financial performance of each golf facility including balance sheet review (assets and liabilities), profit and loss statements and debt review. This analysis needs to cover, at a minimum, FY2001 through FY2012. The evaluation will include a review of past financial performance and compare results to the national and local golf market. The evaluation shall also include a 10-year financial projection based on identified opportunities or recommended operational/organizational changes. b. Conduct a review of current rate structures and membership levels. Assess how fees, fee structures and membership levels may be modified to maximize revenue streams. Provide opportunities or recommend changes to strategically implement rate and membership structure changes. c. Incorporate analysis into the 10-Year Golf Master Plan Task 2: Golf Course Asset Analysis a. Evaluate the physical assets (buildings) of the golf facilities. Identify strengths and weaknesses of each facility with recommendations for improvements that provide for a welcoming atmosphere for users and guests of the golf courses. b. Evaluate the equipment assets of the golf facilities. Identify strengths and weaknesses of participating in an equipment fund, a leasing program or a combination of both. Provide opportunities and recommendations that optimize asset values and minimize equipment maintenance expenses. c. Evaluate course conditions and maintenance practices. Identify strengths and weaknesses of the golf facilities in relation to the public value local market. Provide opportunities and recommendations on course conditioning and maintenance practices that the Board may consider that would change the market segment of some or all the golf courses to public premium. d. Incorporate analysis into the 10-Year Golf Master Plan 7

8 Task 3: Golf Course Management and Maintenance Analysis a. Evaluate the management, programs, services, policies, procedures and daily operations of the golf facilities and benchmark to like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall include, but is not limited to the following: Golf Course Hours of Operation Customer Service Practices Clubhouse Signage Course Signage POS System and Integration Tee Time Reservation System and Integration Course Policies and Procedures Cash Handling Procedures Staff Analysis including roles, responsibilities and training League Program Review including Board run leagues and corporate leagues, marketing and services offered Instructional Program Review including programs for adults and juniors, marketing and services offered Tournaments including marketing and services offered High School/Collegiate Golf Programs including marketing and services offered b. Evaluate the management of golf cart operations including services provided, rental policies and procedures, lease/purchase options, storage facilities, maintenance practices, fleet rotation and staging and compare to industry best practices. This analysis shall also correspond to Task 1 above, Financial Analysis of Golf Operations and include an in depth review of revenues lost due to No Carts when wet course conditions are in effect and the investments needed to minimize those revenue losses including payback on such investments. c. Complete a comprehensive analysis of historical golf rounds and benchmark the golf facilities performance to like industry facilities and competing facilities within the local market that share a similar rate structure. Analyze historical daily play including utilization rates as they pertain to the day of the week and time of the day. Provide an in depth analysis benchmarking performance to like industry facilities and competing facilities within the local market that share a similar rate structure and compare to industry best practices. 8

9 d. Analyze daily and season rate structures at the golf facilities and benchmark to like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall include, but is not limited to the following: Daily Green Fee Rate Structures Season Pass Rates Structure Discount Rates and Structure Cart Rental Rate Structures Program Rate Structures, including leagues and lessons Tournament Rate Structure Miscellaneous Service and Rental Rate Structure e. Analyze pro shop operations and procedures at the golf facilities and benchmark to like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall include, but is not limited to the following: Overall management structure and daily operational practices, including policies and procedures at the golf courses Selection, adequacy, quality and appropriateness of the resale merchandise provided at the facilities, including both hard and soft goods Pricing strategies for resale golf merchandise Inventory procedures and controls of resale golf merchandise Display, rotation and appearance of resale golf merchandise Management decisions on promotions, sales and clearances of resale golf merchandise Review procedures that ensure resale merchandise is being purchased at lowest possible cost and meet industry best practices f. Analyze food and beverage operations and procedures at the golf facilities and benchmark to like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall include, but is not limited to the following: Overall management structure and daily operational practices, including policies and procedures that pertain to the safe serving of food and beverages and minimize spoilage Selection, adequacy, quality and appropriateness of the resale food and beverage items at the facilities Pricing strategies for resale food and beverage items Inventory procedures and controls of resale food and beverage items including 9

10 daily and weekly rotations to minimize spoilage Display and appearance of resale food and beverage items Management decisions on daily food and beverage promotions Adequacy and functionality of kitchen and serving equipment On course food and beverage service operations g. Evaluate the maintenance programs, services, policies, procedures and daily operations of the golf facilities and benchmark to like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall include, but is not limited to the following: Staff Analysis including roles, responsibilities and training Green Maintenance Practices Tee Maintenance Practices Fairway Maintenance Practices Rough Maintenance Practices Hazard Maintenance Practices Environmental Sensitive No Mow Area Maintenance Practices Pond/Creek Maintenance Practices Fertilization Maintenance Practices Pest Control Maintenance Practices Tree/Shrub/Flower Maintenance Practices Irrigation Maintenance Practices Cart Path Maintenance Practices Equipment Maintenance Practices Aerification Maintenance Practices Tee Services including benches, ball washers, markers, signage, water stations and other amenities Course Directional Signage Roping Maintenance Practices h. Evaluate the Capital Improvement Program (CIP) of the golf facilities and benchmark to like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall include, but is not limited to the following: Current CIP projects Past CIP projects Future CIP projects that maintain golf course infrastructure Future CIP projects that enhance revenue opportunities including Return on Investment 10

11 Future CIP projects than decrease expenses including Return on Investment i. Evaluate the use of technology at the golf facilities and how that technology compares with like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall also include a review of how the technology deployed at the golf facilities interfaces with the Board s technology. j. Incorporate analysis into the 10-Year Golf Master Plan Task 4: Marketing Analysis a. Provide an overview of the current golf market in the Minneapolis/St. Paul metropolitan area including demographic trends and how they impact the local golf industry. Provide analysis on opportunities to grow market share, revenues, change management or maintenance practices and provide different and alternative programming based on local demographic trends. b. Provide an overview of key competitors in the local Minneapolis/St. Paul metropolitan area including benchmarking key results from the Boards golf facility operations to similar local golf operations. Provide analysis on opportunities to increase revenues, change management or maintenance practices or provide different and alternative programming based that takes advantage of local industry demands and grows market share. k. Evaluate current marketing strategies and procedures at the golf courses and benchmark to like industry facilities and competing facilities within the local market that share similar rate structures and compare to industry best practices. This analysis shall include, but is not limited to the following: Budget Review Website Social media sites Website Search Optimization Print Materials On-line Registration Marketing Couponing Print Advertising Website Advertising Partner Links Database Management Newsletters 11

12 Current Promotions Effectiveness of Campaigns Promotion Tracking Result Management l. Incorporate analysis into the 10-Year Golf Master Plan Task 5: Current and Future Economic/Trend Analysis a. Analyze the current and future economic trends that may impact the golf facilities both locally and nationally. Analyze and recommend changes that the Board may consider to capitalize on such trends. b. Analyze the current and future social trends that may impact the golf facilities both locally and nationally. Analyze and recommend changes that the Board may consider to capitalize on such trends. c. Analyze the current and future supply of golf course facilities both locally and nationally. Analyze and recommend changes that the Board may consider to capitalize on such trends. d. Analyze the current and future demand of golfers both locally and nationally. Analyze and recommend changes the Board may consider to capitalize on such trends. e. Incorporate analysis into the 10-Year Golf Master Plan Task 6: Recommendations for Golf Master Plan Based on the analysis conducted in Task 1 through Task 5, provide to Board staff recommendations for a 10-Year Golf Master Plan. In providing such a plan, the consultant shall consider the following: a. Continued operation of the golf facilities as they currently exist within the local public value market b. If deemed appropriate, recommended changes of current golf facilities c. Strategic changes to one or more golf facilities that allows for a mixture of public value and public premium courses d. Strategic changes to one or more golf facilities that may improve the financial viability and profitability of the remaining facilities e. Identify strategies to increase profitability of the facilities while maintaining or improving the quality of services. f. Identify potential future issues and opportunities at each golf facility with specific recommendations that address preventative measures that may be undertaken that 12

13 minimize issues from occurring and recommendations that capitalize on potential identified opportunities at the facilities. g. Provide in-depth analysis of recommendations that establishes a strategic year by year schedule that produces a 10-Year Golf Master Plan. The plan shall include descriptive indepth recommended changes in facility assets, service levels, maintenance procedures and programming with current costs identified for those recommended changes that include inflationary cost adjustments based on the future year recommendations. h. Provide financing analysis to achieve proposed 10-Year Golf Master Plan. Include cash flow analysis as well as cost/benefit analysis for revenue enhancement and cost saving recommendations. Task 7: Quarterly Reports on Analysis Conducted in Tasks 1 through Task 6 Provide at a minimum quarterly update reports to Board staff on the analysis being conducted. During the course of the analysis, it may also be deemed appropriate for the consultant to provide reports to the Park Board of Commissioners, as a result of the quarterly update reports to Board staff. These reports shall be reviewed and the work being performed by the consultant may be modified to ensure the consultant is achieving desired results. Task 8: Public Engagement Define a schedule and plan for engaging the public and user groups in the study and analysis of the project. Describe and outline methods that will be used for gathering input and providing feedback to the community. At a minimum, community meetings that inform and take feedback from the public will be held at each golf facility during the course of the project. The Board policy on Community Engagement may be found by visiting The Board understands that engaging and involving the public is critical to the success of future park and recreational facilities, programs, and services. To that end, the MPRB strives to involve the Minneapolis community in fulfilling our stated mission and vision to The Board has amended the MPRB Code of Ordinances and approved a new policy on community engagement to provide consistent practice in working and communicating with Minneapolis residents and park users. Task 9: Final Report 13

14 Provide 30 print copies and 1 electronic copy of the final 10-Year Golf Master Plan report including detailed analysis of Task 1 through Task 5 and detailed recommendations on Task 6 for the golf facilities no later than March 31, Present findings and recommendations to the Board staff, Executive Leadership Team and the Park Board of Commissioners on dates to be mutually agreed upon between the staff and the Consultant. PROPOSAL FORMAT AND REQUIREMENTS In Response to the RFP, the Proposer should provide a detailed written presentation on the Proposer s ability to provide the services outlined in SCOPE OF SERVICES AND WORK PLAN above. The proposal is to identify key tasks, milestones, project status reporting, performance metrics, and deliverables within an identified timeframe. A cost proposal for the proposed work must be included with the project proposal. The proposal must include the names of all personnel, including the lead consultant, expected to be assigned to the project, including relevant experience and education. The proposal shall include the number of years that the firm(s) has been in existence and the primary markets served. Include the lead consultant and team s successful history and experience in meeting the objectives of similar projects. The proposal shall include a minimum of 5 references for work of a similar nature completed by the consultant(s). At least 3 of the references must be for similar public sector work. An original and six (6) copies of the Proposer s response to this RFP shall be presented to the Manager of Golf Operations by the date and time stated in the schedule below. Any communications and/or inquiries by a bidder during this RFP process must be submitted in writing to the individual and address stated below. To the extent the Manager of Golf Operations determines, in his or her sole discretion, to respond to any communications and/or inquiries, such responses will be made in writing and mailed and/or transmitted by to all bidders. Attn: Sara Ackmann RFP Golf Course Operational and Financial Consulting Services 2117 West River Road North Minneapolis MN

15 PRE-PROPOSAL MEETING A pre-proposal meeting will be held on Monday, May 13, 2013 at 1:30 p.m. (CST) in the Fireplace Room, at Theodore Wirth Golf Club, 1301 Theodore Wirth Parkway, Minneapolis, Minnesota, The purpose of this meeting is to discuss the RFP and its implementation with prospective Proposers as well as answer questions concerning the RFP. Any questions and answers furnished will not be official until verified in writing and, if appropriate, an addendum to this RFP will be issued by the Manager of Golf Operations. Answers that change or substantially clarify the RFP will be affirmed in writing and copies will be provided to all in attendance. Attendance at the pre-proposal meeting is not mandatory, but is encouraged. If attending via conference call please contact Sara Ackmann at sackmann@minneapolisparks.org for call-in information. A Proposer may not bring more than two persons to the pre-proposal meeting. It is strongly suggested that one of the two persons in attendance for a Proposer be the intended primary contact for the consultant if the contract is awarded to that consultant. CONSULTANT SELECTION The initial screening of proposals will be based upon the proposals alignment with all of the elements outlined in the RFP. Responses to this RFP will be evaluated using the following point system: 20 Points Professional Qualifications Preference given to team experience and individual team member technical experience. 30 Points Past Involvement with Similar Verified by references. Projects 30 Points Proposed Work Plan Specifications in the RFP represent minimum performance necessary for response. 20 Points Fee Proposal A Panel of Board Managers will evaluate and assign points to responses to this RFP and decide which Proposer(s), if any, they will interview. The selected Proposer(s) will have the opportunity to discuss in more detail their qualifications, experience and proposal and fee during the interview process. The Board reserves the right to not consider any proposal that it determines to be unresponsive and deficient in any of the information requested for evaluation. A proposal with all the requested information does not guarantee the Proposer will be a candidate and invited 15

16 to an interview. The Panel may contact references to verify material submitted by the Proposers. The Board will determine whether the final scope of the project to be negotiated will be entirely as described in this RFP, a portion of the scope, or a revised scope. The Panel then may schedule interviews with the selected Proposer(s). The Proposer(s) selected for interviews will be given the opportunity to discuss in more detail their qualifications, past experience, and proposed work plan and fee. The interview shall consist of a presentation of up to thirty (30) minutes by each selected Proposer and shall include the person who will be the project manager on this Contract, followed by up to thirty (30) minutes of questions and answers. Audiovisual aids may be used by the selected consultant(s) during the oral interviews. The consultant will be re-evaluated by the above criteria after the interview. After evaluation, further negotiation with the selected candidate firm will be pursued leading to a recommendation for the award of a contract. PROPOSAL CALENDAR Listed below are the dates and times by which stated actions must be taken or completed. If the Manager of Golf Operations determines, at his/her sole discretion, that it is necessary to change any of these dates and times an Addendum to this RFP will be issued. All listed times are CST. Date/Time (CST) Monday, May, 2013 Monday, May , 1:30:00 pm (CST) Friday, May 24, 2013, 4:00 pm (CST) Week of June 3, 2013 Week of June 10, 2013 Monday, June 24, 2013 Action Request for Proposal Issued Pre-Proposal Meeting Proposal Due Date Selected proposer interviews begin Selection recommendation presented Work Begins 16

17 BOARD RIGHTS The Director of Golf Operations, Assistant Superintendent for Recreation or the Superintendent may reject any or all proposals, parts of proposals, accept part or all of proposals and to create a project of lesser or greater scope than described in this Request for Proposal, or the respondent's reply, based on the financial components submitted. The Manager of Golf Operations, Assistant Superintendent for Recreation or the Superintendent also reserves the right to cancel the contract without penalty if circumstances arise which prevent the Board from completing the project. PROPOSAL SUBMISSION Proposer s response to this RFP shall be prepared in accordance with the Proposal Format and Requirements. Proposals are due at the time and date specified in the Proposal Calendar. Proposal package must be mailed. The Proposer must allow sufficient time to ensure the Board's timely receipt of the proposal package by the date and time specified above. It is the responsibility of the Proposer to ensure that the proposal package arrives at the Board s Office by 4:00 p.m. (CST), Friday, May 24, Proposals will be accepted up to, and no proposals may be withdrawn after, the deadline for proposal submission date shown above. Proposals must be delivered in sealed envelopes clearly marked: RFP Golf Course Operational and Financial Consulting Services. The proposal must be submitted with one (1) original and six (6) copies. Only the original copy needs to contain original signatures of the Proposer s authorized representatives. The copy containing the original signature must be marked ORIGINAL. PROPOSAL VALIDITY PERIOD Any submitted proposal, shall in its entirety, remain a valid proposal for six (6) months after the proposal submission date. 17

18 RESTRICTED DISCUSSIONS From the date of issuance of the RFP until the Director of Golf Operations, the Assistant Superintendent for Recreation or the Superintendent takes final action, the Proposer must not discuss the proposal or any part thereof with any employee, agent, or representative of the Board except as expressly requested by the Director of Golf Operations, the Assistant Superintendent for Recreation or the Superintendent in writing and as stipulated in this RFP. Violation of this restriction will result in REJECTION of the Proposer s proposal. INDEPENDENT PARTIES Except as expressly provided otherwise in the contract resulting from this RFP, if any, the Board and the Proposer shall remain independent parties and neither shall be an officer, employee, agent, representative or co-partner of, or a joint venture with, the other. PERFORMANCE INVESTIGATIONS As part of its evaluation process, the Board may make investigations to determine the ability of the Proposer to perform under this RFP. The Board reserves the right to REJECT any proposal if the Proposer fails to satisfy the Board that it is properly qualified to carry out the obligations under this RFP. SEVERABILITY If any provision of the contract resulting from this RFP is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then said provision shall be deemed inapplicable and omitted and shall not invalidate the remaining provisions of such contract. NOTICES All notices and other matters pertaining to the contract resulting from this RFP, if any, to a party shall be in writing, shall be hand delivered, or sent by registered or certified U.S. Mail or, 18

19 return receipt requested, and shall be deemed to have been duly given when actually received by the addressee at the address set forth on this RFP. INTEREST OF MEMBERS OF BOARD The Proposer agrees that no member of the governing body, officer, employee or agent of the Board shall have any interest, financial or otherwise, direct or indirect, in the contract. EMPLOYEE INVOLVEMENT/ COVENANT AGAINST CONTINGENT FEES Proposer hereby certifies that, to the best of its knowledge and belief, no individual employed by the Proposer or subcontracted by the Proposer has an immediate relationship to any employee of the Board who was directly or indirectly involved in any way in the procurement of the contract, if any, resulting from this RFP or goods or services thereunder. Violation of this section by Proposer shall be grounds for cancellation of such contract. The Proposer also warrants that no person or selling agency has been employed, engaged or retained to solicit or secure any contract resulting from this RFP or any advantage hereunder upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, or in exchange for any substantial consideration bargained for, excepting that which is provided to the Proposer's bona fide employees or to bona fide professional commercial or selling agencies or in the exercise of reasonable diligence should have been known by the Board to be maintained by the Proposer for the purpose of securing business for Proposer. In the event of the Proposer's breach or violation of this warranty, the Board shall, subject to Proposer's rights, have the right, at its option, to annul any contract resulting from this RFP without liability, to deduct from the charges otherwise payable by the Board under such contract the full amount of such commission, percentage, brokerage, or contingent fee, and to pursue any other remedy available to the Board under such contract, at law or in equity. HOLD HARMLESS 19

20 The Proposer agrees to defend, indemnify and hold harmless the Board, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney s fees, resulting directly or indirectly from an act of omission of the Proposer, its employees, agents or employees of subcontractors, in the performance of this contract of by reason of the failure of the Proposer to fully perform, in any respect, all of its obligations under this contract. The Board agrees to defend and hold harmless insofar as the law allows the Proposer, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney s fees, resulting directly or indirectly from an act or omission of the Board or its employees in the performance under this contract or by reason of the failure of the Board to fully perform its obligations under this contract. DATA PRACTICES The Proposer agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Proposer shall immediately report to the contract monitor any requests from third parties for information relating to this agreement. The Board agrees to promptly respond to inquiries from the Proposer concerning data requests. The Proposer agrees to hold the Board, its officers, department heads and employees harmless from any claims resulting from the Proposer's unlawful disclosure or use of data protected under state and federal laws. ENTIRE AGREEMENT The Proposer s written submission in response to this RFP shall be considered the Proposer s formal offer. The content of the RFP, the Proposer s submission in response to the RFP and the resulting contract, if any, shall be the entire agreement between the successful Proposer and the Board. It is understood and agreed that nothing herein or in the resulting contract is intended or should be construed as in any way creating or establishing the relationship of copartners between the parties hereto, or in any manner whatsoever. The Partner, if any, is, and shall remain, an independent Proposer operating in accord with the terms and conditions of the rights granted as a result of this RFP. 20