HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-097Temp. Reso. #13973
August 23, 2023
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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
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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
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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
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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
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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
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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.