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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-097Temp. Reso. #13973 August 23, 2023 Page 1 of 6 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - O 1 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AMENDMENT #2 TO THE AGREEMENT WITH TROON GOLF, LLC FOR GOLF COURSE OPERATIONS SERVICES AT THE COLONY WEST COUNTRY CLUB DATED OCTOBER 24, 2013 BY ALLOWING A WAIVER OF PROCUREMENT PROCEDURES PER SECTION 6-148, OF THE CODE OF ORDINANCES; APPROVING AN EXTENSION OF THE EXISTING AGREEMENT FOR A PERIOD OF THREE (3) YEARS TO BE EFFECTIVE FROM OCTOBER 24, 2023 THROUGH OCTOBER 23, 2026; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #2; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the City of Tamarac is a Vibrant Community, that wishes to provide exceptional recreational opportunities for its residents and visitors ; and Temp. Reso. #13973 August 23, 2023 Page 2 of 6 WHEREAS, the City of Tamarac purchased the Colony West Golf Course in December 2011, as a means of preserving green space for its residents; and WHEREAS, on October 24, 2013, the City Commission of the City of Tamarac approved an Agreement to operate the Colony West Country Club with Billy Casper Golf, LLC to maintain the operations of the course, and the amenities available in the Colony West Clubhouse, including foodservice and pro -shop operations pursuant to the formal solicitation of Request for Proposal #13-25R, via Resolution # R2013-115, a copy of which is on file with the City Clerk ; and WHEREAS, on June 27, 2018, the City Commission of the City of Tamarac approved Amendment #1 with Billy Casper Golf, LLC to renew the Agreement for a term of five (5) years via Resolution #R2018-72, a copy of which is on file with the City Clerk; and WHEREAS, Billy Casper Golf, LLC has assigned all rights, privileges and obligations under the Agreement to the successor organization, Troon Golf, LLC; and WHEREAS, Amendment #1 will expire on October 23, 2023, and there are no additional renewals available under the Agreement; and WHEREAS, per City Code Section 6-148(i), the City Commission may authorize the waiver of procurement procedures upon the recommendation of the City Manager that is in the City's best interest to do so to obtain goods and services; and Temp. Reso. #13973 August 23, 2023 Page 3 of 6 WHEREAS, the City Commission of the City of Tamarac desires to maintain the Colony West property as a fully -functional golf course with full clubhouse amenities; and WHEREAS, Troon Golf, LLC, has been successful in operating the Colony West Golf Club at a positive net operating income for the past three (3) years; and WHEREAS, the Director of Parks and Recreation, Financial Services Director and Purchasing and Contracts Manager agree it would be in the City's best interest to provide continuity in successful operations by approving an extension to the Agreement; and WHEREAS, Amendment #2 provides for the exercising of a three (3) year extension of the Agreement with Troon Golf, LLC, for Golf Course Operations including the management and operation of the course and the clubhouse services in order to maintain the club as a fully operational venue, a copy of such Agreement Amendment is included herein as Exhibit I "; and WHEREAS, the Director of Parks and Recreation, Director of Financial Services and the Purchasing and Contracts Manager recommend that the City of Tamarac City Commission authorize the waiver of procurement procedures per City Code, approve Amendment #2, and authorize the appropriate city officials to execute the amendment to manage and maintain the Golf Course and the amenities in the Clubhouse, including foodservice and pro -shop operations for a period of three (3) years with Troon Golf, LLC; and Temp. Reso. #13973 August 23, 2023 Page 4 of 6 WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the waiver of procurement procedures per City Code, approve Amendment #2 and authorize the appropriate city officials to execute Amendment #2 to extend the Agreement to manage and maintain the Golf Course and the amenities in the Clubhouse, including foodservice and pro shop operations for a period of three (3) years with Troon Golf, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission authorizes the waiver of purchasing procedures per City Code, approves Amendment #2 to the Agreement, and authorizes the appropriate city officials to approve and execute Amendment #2 to extend the Agreement to manage and maintain the Golf Course and the amenities in the Clubhouse, including foodservice and pro -shop operations for a period of three (3) years with Troon Golf, LLC. SECTION 3: All resolutions or parts of resolutions in conflict here with are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional Temp. Reso. #13973 August 23, 2023 Page 5 of 6 or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. "The remainder of this page left blank intentionally." Temp. Reso. #13973 August 23, 2023 Page 6 of 6 PASSED, ADOPTED AND APPROVED this Z day of AmGy, 2023. ATTEST: CITY CLERK MIC ELLS J. GOMEZ MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT, JR. DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL_ APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. HA O , INJOT CITY ATTORNEY City of Tamarac TAMARAC Life AGREEMENT AMENDMENT #2 BETWEEN THE CITY OF TAMARAC AND TROON GOLF, LLC Purchasing Division The CITY OF TAMARAC (City) and Troon Golf, LLC., Hereinafter referred to as (TROON), a Delaware limited liability company duly registered as a Florida Foreign Limited Liability Company with principal offices located at 15044 N. Scottsdale Road, Suite 300, Scottsdale, Arizona 85254 (the "Contractor"), agree to amend the original Agreement for Citywide Golf Course Operations Services at the Colony West Golf Club as follows: 1. Contractor acknowledges that the former entity, Billy Casper Golf, LLC has assigned all rights, privileges and obligations under this Agreement to the successor organization, Troon Golf, LLC, a Delaware limited liability company duly registered as a Florida Foreign Limited Liability Company with the Principal Address at 15044 N. Scottsdale Road, Suite 300, Scottsdale, Arizona 85254; and that all references to "Billy Casper Golf, LLC (BCG)" included in the Agreement shall be updated to now read "Troon Golf, LLC (TROON)". 2. Pursuant to the terms of Section 2, "TERM OF AGREEMENT' of the original Agreement dated October 24, 2013, the City and TROON agree to a three (3) year extension of the existing Agreement for the period effective October 24, 2023 through October 23, 2026. 3. Section 5. "ACCOUNTS" shall be modified to read as follows: °5. ACCOUNTS. 94-6 TROON shall establish the following business checking accounts for the Club: ( , " {b) (a) an "Operating Account" and {O (b) an "On Site Account," (collectively, the "Accounts'), for use in its management and operation of the Club. BQG TROON, CWGM and City shall be authorized to access and use the Accounts in compliance with the Annual Budget and Program and the terms of this Agreement. All revenues, receipts, and funds deposited into the Accounts from time to time by City, BGG TROON or CWGM shall be defined as and constitute "Working Capital" herein. to be deposited intq the �,�8;' AG7TROON and/or CWGM shall use the Operating Account to pay all Operating Expenses of the Club TAMARAC The City For Your Life City of Tamarac Purchasing Division FequiFed to pay SUGh expenses. BIG TROON and/or CWGM shall maintain in the On -Site Account an amount to be used for minor Club expenses. Upon cancellation or termination of this Agreement for reasons other than fraud, theft or other criminal activity, EGG TROON and/or CWGM shall continue to have the right to access and use the Accounts to satisfy all Operating Expenses incurred through the final effective date of termination after all of the notice and cure periods described herein have expired. Forty-five (45) days after the final effective date of termination after all of the notice and cure periods described herein have expired, 9G6 s TROON's and CWGM's rights to access and use the Accounts shall be immediately revoked and all funds in the Accounts shall be immediately paid over to City. Upon direction from City from time to time, ECG TROON shall invest or deposit funds in the Accounts in accordance with City's direction provided that the City's direction is compliant with the Annual Budget and Program and the terms of this Agreement. EGG TROON shall establish, administer and maintain the point of sale and credit card procedures and systems for the depositing of revenues into such accounts on a daily basis. 4. Section 10. E. "Termination Fee: City's Termination for Convenience" shall be modified to read as follows: "E. Termination Fee: City's Termination for Convenience. , City may terminate the Agreement upon ninety (90) one hundred and twenty (120) days prior written notice to 94OG TROON and payment of a Termination Fee of fifty thousand dollars ($50, 000). " 5. Section 16. "GENERAL PROVISIONS" K "Notices" shall be amended to provide for notice to be sent to the following: In the case of TROON Troon Golf, LLC 15044 N. Scottsdale Road. Suite 300 Scottsdale, Arizona 85254 Attention: Legal Department Telephone: 480-606-1000 Facsimile: 480-606-1010 TAMARAC The City For Your Life City of Tamarac In the case of the City: City of Tamarac 7525 NW 88'h Avenue Tamarac, FL 33321 ATTN: City Manager Telephone: (954) 597-3510 Facsimile: (954) 597-3520 With copies to: Director of Parks & Recreation 6001 Nob Hill Road Tamarac, FL 33321 City Attorney at the following address: Ottinot Law, P.A. 5944 Coral Ridge Drive, PM #201 Coral Springs, FL 33076 Attn: Hans Ottinot 6. TROON agrees to reaffirm compliance with PROVISIONS", Paragraph V, titled "Scrutinize Purchasing Division d V. Scrutinized Companies -- 287.135 and 215.473 By execution of this Agreement, BCG TROON certifies that 9CG TROON is not participating in a boycott of Israel. 9-C6 TROON further certifies that 9-CG TROON is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has 9-1,-G TROON been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to 99G TROON of the City's determination concerning the false certification. &CG TROON shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, &GG TROON shall have ninety (90) days following receipt of the notice to respond in writing and TQMARAC The City For Your Life City of Tamarac Purchasing Division demonstrate that the determination of false certification was made in error. If &GG TROON does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. " 7. TROON agrees to add the Contract Section 16. GENERAL PROVISIONS, Paragraph W, titled "E-Verify Compliance" as follows: "W. E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., TROON and its subcontractors shall, register with and use the E- Verify system to verify work authorization status of all employees hired after January 1, 2021. TROON shall require each of its subcontractors to provide TROON with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. TROON shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, TROON, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but TROON otherwise complied, shall promptly notify TROON and TROON shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. TROON acknowledges that upon termination of this Agreement by the City for a violation of this section by TROON, TROON may not be awarded a public contract for at least one (1) year. TROON further acknowledges that TROON is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. TROON or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. TROON shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 8. All pricing and financial provisions of the Agreement shall remain in effect for the extension period of this Agreement. 4 TAMARAC The City For Your Life City of Tamarac Purchasing Division 9. Other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank T, A ✓°Ra� The City For Your Life City of Tamarac Purchasing Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its City Manager, and Troon Golf, LLC., signing by and through its CEO, duly authorized to execute same. ATTEST: imberly r , City Clerk �,``QF TAEt�i r��•,, Date Esc - �p J CooN ATTEST: k' t-7�� (Co orate Secretary) Type/Print Name of Corporate Secy. (CORPORATE SEAL) N] a] Lkent Sucuoglu, City Manager Date Ap ro d tci orm and legal sufficiency: not, Oity Attorney a3 ;a� Date Troon Golf, LLC Company Nam i l(wt�� Si�Ka r Jeff Hansen EVP & General Counsel (�I �V 2Q2-3 Date TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF An b1nG- :SS COUNTY OF IJl4�t C c�p� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jeff Hansen, EVP & General Counsel of Troon Golf, LLC, a Delaware Limited Liability Company, duly registered as a Florida Foreign Limited Liability Corporation to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of ,) ttnf. �r 2023. OFFICW SEAL GABRIELIAMdN1AGZo� Signature o Notary Public NOTARP{t COI M iY # 59590 State of /� r, t-U n COMM '.S Jars. 12, 2025 MY �MM. ExGX Print, Tyo or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath.