Agenda 10/22/2019 Item #11D (Golden Gate Golf Course Operations)10/22/2019
EXECUTIVE SUMMARY
Recommendation to review the unsolicited offer from the Gulf Coast Junior Golf Tour, Inc., dba
The First Tee of Naples/Collier (First Tee) to temporarily operate the Golden Gate Golf Course
(Golf Course) while the County determines the future use of the property and should the Board
wish to proceed, waive the Base Application Fee of $10,000, and approve all necessary budget
amendments.
OBJECTIVE: To evaluate an unsolicited offer from First Tee to operate the Golden Gate Golf Course
while the County performs the tasks necessary to complete the planning process for the future use of the
property.
CONSIDERATIONS: At the October 8, 2019 the Board directed staff to solicit for a firm to provide
interim golf operations at the Golden Gate Golf Course while the County works with a planning and
engineering firm to layout the future use of the property. Recognizing that a formal solicitation would
take approximately three to six months, First Tee submitted the attached unsolicited offer to tem porarily
operate the Golf Course.
Should the Board choose to consider this unsolicited offer, the Procurement Services Division would
advertise the proposal for additional offers, in accordance with Florida Statutes § 287.05712.
Additionally, Florida Statute § 287.05712(4)(a) provides that the County "may establish a reasonable
application fee for the submission of an unsolicited proposal". County Resolution 2016-85 sets this
application fee at $10,000. Since this proposal is being submitted by a non-profit organization staff
recommends either waiving this fee or reducing the fee to a nominal value.
Should the Board decide to decline this offer, staff would recommend not preparing an additional
solicitation as it would be highly unlikely that another entity would participate in the solicitation knowing
that the interim operator solicitation was advertised in conjunction with a Public Private Partnership (3P)
solicitation.
According to their proposal, First Tee envisions that the course would be open for play on or before
December 1, 2019. Indicated in the proposal are several immediate needs identified by First Tee required
to re-open the course for play. They include the following:
1. Maintenance equipment through short term leases ($5K/Monthly)
2. 30 additional golf carts to account for the projected seasonal play ($3K/Monthly-Seasonal)
3. Over-seeding of approximately 50 acres ($50K/One-time)
4. Irrigation improvements ($20K/One-time)
5. Monthly management fee ($25K/Monthly)
In addition, First Tee seeks an upfront County investment of $100,000 for specific improvements to the
Golf Course prior to re-opening. This investment would include some of the items previously mentioned
above. First Tee proposes to refund the County one-half of this investment by the end of the second year
of operations. The total County first year expense associated with proposal is approximately $450,000.
The second-year expense including credit for the proposed refund is approximately $330,000. Staff
recommends limiting the agreement to one-year with a 30 day termination clause.
Currently the Board has an existing agreement with First Tee to provide maintenance services at the Golf
Course. This agreement is scheduled to terminate on November 29, 2019. If the contract is not extended,
staff would take on the maintenance of the property through staff resources or existing contracts until a 3P
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is secured or the redevelopment process is complete.
FISCAL IMPACT: The FY 2020 General Fund budget contains within a specific cost center $441,300
of existing appropriation for maintenance of the Golden Gate Golf Course property. This existing
appropriation will cover the $100,000 stated to prepare the existing grounds for play and cover the
$300,000 to maintain the grounds and manage the operations for play after the initial course play
improvements are made. It is suggested that a budget amendment from existing General Fund
appropriation in the amount of $100,000 be processed providing additional budget in the event of
unforeseen maintenance and or operational issues.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. First Tee’s
unsolicited offer falls within the following provision of the Collier County Procurement ordinance:
Sec. 2-198. - Unsolicited Proposals.
1. The Board incorporates by reference F.S. § 255.065, as may be amended from time
to time, which addresses the procurement of services for qualifying projects through
public-private partnerships, including through an offer of an unsolicited proposal.
2. a. The Board shall by separate Resolution establish all Application Fees referenced
under F.S. § 255.065 that a private entity must pay concurrent with the submission of
an unsolicited proposal. Payment shall be made by cash, cashier's check, or some other
non-cancellable instrument. Personal checks shall not be accepted.
b. To the extent that the cost to evaluate an unsolicited proposal costs more than the
Initial Application Fee ad opted by Resolution, the County may request payment of any
additional amounts required to conduct its review as provided in F.S. § 255.065. (Ord.
No. 2017-08, § 13)
Florida Statutes Sec. 255.065 (Public-private partnerships; public records and public meetings
exemptions) sets forth a lengthy and detailed mandatory process with respect to the review and
acceptance of unsolicited offers. Very briefly stated, staff would need to advertise that there is an
unsolicited offer for a minimum of 21 days; come back to the Board with a report on whether there were
any other offers; assuming that there were no competing offers, get Board direction to negotiate an
agreement with First Tee; negotiate an agreement; then hold a public hearing for the Board to review the
proposed agreement and make a number of required findings. A copy of this statute is included as back-
up to the item.
With that noted, this item is approved as to form and legality, and requires majority vote for approval. -
JAK
RECOMMENDATION: To review the unsolicited offer from the Gulf Coast Junior Golf Tour, Inc.,
dba The First Tee of Naples/Collier (First Tee) to temporarily operate the Golden Gate Golf Course (Golf
Course) while the County determines the future use of the property and provide direction to the County
Manager or his designee. Should the Board wish to entertain this offer and potentially others through the
unsolicited offer process, staff recommends waiving the Base Application Fee of $10,000 and
recommends the approval of all necessary budget amendments.
Prepared By: Geoff Willig, Senior Operations Analyst, County Manager’s Office
ATTACHMENT(S)
1. The First Tee's Golden Gate Golf Course Proposal (PDF)
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2. The First Tee's GGGC Financial Projections 2020 (PDF)
3. GGGC Preliminary Projection 2020 Golf Rates (PDF)
4. F.S. Sec. 255.065 (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 10519
Item Summary: Recommendation to review the unsolicited offer from the Gulf Coast Junior Golf
Tour, Inc., dba The First Tee of Naples/Collier (The First Tee) to temporarily operate the Golden Gate
Golf Course (Golf Course) while the County determines the future use of the property and waive the Base
Application Fee of $10,000, and approve all necessary budget amendments. (Geoffrey Will ig, County
Manager's Office)
Meeting Date: 10/22/2019
Prepared by:
Title: Operations Analyst – County Manager's Office
Name: Geoffrey Willig
10/14/2019 4:43 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
10/14/2019 4:43 PM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/14/2019 4:49 PM
Procurement Services Ted Coyman Additional Reviewer Completed 10/15/2019 4:23 PM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 10/16/2019 11:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/16/2019 11:50 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/16/2019 11:51 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/16/2019 12:06 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/16/2019 1:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM
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GOLDEN GATE COUNTRY CLUB Page 1 | 11
GOLDEN GATE COUNTRY CLUB
MANAGEMENT SERVICES PROPOSAL
www.thefirstteenaplescollier.org
…keeping kids out of the rough
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Packet Pg. 745 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 2 | 11
TABLE OF CONTENT
INTRODUCTION ............................................................................................................................... 3
VISION STATEMENT ........................................................................................................................ 4
COMPANY SUMMARY ..................................................................................................................... 5
SITUATION ANALYSIS ...................................................................................................................... 6
SCOPE OF SERVICES ........................................................................................................................ 9
PROPOSED TERMS OF AGREEMENT ............................................................................................. 10
PROFESSIONAL FEES ..................................................................................................................... 11
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Packet Pg. 746 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 3 | 11
INTRODUCTION
The First Tee of Naples/Collier is pleased to provide this proposal to assist Collier County in re-
opening its golf course during the Golden Gate Golf Course property redevelopment process.
It is our sincere desire to develop a long-term relationship with Collier County and deliver
exceptional recreation, education and community service programs for the Collier County
Community.
The First Tee knows that with constant communication with key stakeholders, our highly qualified
professionals, proven record of success, and strong work ethic we can re-open the golf facilities
and assume the operational risk of the golf course during the property redevelopment process.
The First Tee intends to help Collier County continue to position itself as the “place to live, play
and work”, to attract new residents, and visitors, and to provide a much-needed affordable golf
experience for existing residents, and visiting golfers.
The First Tee understands a key objective for Collier County is to remain a premier destination
for tourism and business and The First Tee knows that the Golden Gate golf course can connect
with residents and visitors and generate a positive economic impact for Collier County.
Through its operating partner and the sharing of new ideas, current thinking, and comparing
results on the latest management strategies, The First Tee provides access to a wealth of
information and expertise.
To align interests and provide the greatest opportunity for success we propose that The First Tee
of Naples/Collier enter into an agreement with Collier County to assume all golf course
operations management responsibilities for the Golden Gate Country Club and to re-open the
golf course to the public on or before December 1, 2019.
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Packet Pg. 747 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 4 | 11
VISION STATEMENT
The First Tee of Naples/Collier will bring unique value and capabilities to Collier County,
accelerating the redevelopment and growth of the Golden Gate Parkway golf course property
and surrounding area while providing leading recreation, education, vocational rehabilitation and
employment programs for the Collier County Community.
The First Tee will develop a golf course master plan and provide capital for the development of a
public/municipal golf facility that will deliver affordable golf for Collier County residents and
visitors and become the permanent home for The First Tee of Naples/Collier and their youth and
families.
The First Tee Golf Club through its industry leading professional managers, supporters and donors
will provide much more than affordable golf for Collier County residents, families, youth and
veterans. TFTNC will create and deliver mentoring programs, life skills educational programs,
vocational rehabilitation and employment programs for veterans and first responders in golf,
culinary, maintenance, golf course maintenance and administration, caddie program and
internships.
The First Tee Golf Club will also offer opportunity to partner with other local and national
organizations to create unique programs that utilize the game of golf to benefit the Community
and the people that they serve. Veterans Affairs and South Florida PGA (PGA HOPE Program),
Immokalee Middle/High School, Golden Gate Middle/High School, East Naples, The Boys & Girls
Club, YMCA, Guadalupe Center, Sports Club and more…
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Packet Pg. 748 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 5 | 11
COMPANY SUMMARY
Business Entity:
Gulf Coast Junior Golf Tour, Inc. dba The First Tee of Naples/Collier
Established in 1994 and amended and restated in 2007
FEIN #65-0477835
501(c)(3) Florida Not-For-Profit Corporation
The First Tee is more than a sports program for youth. We believe all young people should have
access to safe places and caring adults who help them grow socially, emotionally and
academically. While teaching the fundamentals of a golf swing, our character education
programs provide a fun, active environment for young people on the course, in schools and at
youth centers. As children progress through The First Tee Life Skills Experience, the activities and
life lessons become more involved, helping each child become even more equipped to make good
choices on and off the golf course.
General Information:
The First Tee (International)
The First Tee of Naples/Collier
Support from all major golf organizations (i.e. PGA TOUR, USGA, World Golf Hall of Fame, etc.)
Our Mission is to positively impact the lives of young people by providing educational programs
that build character, instill life-enhancing values and promote healthy choices through the game
of golf.
Our Goal is to have each young person leave our program with the self-management, goal setting
and conflict resolution skills necessary to compete and contribute in their respective
communities. Our youth lead both on and off the golf course.
Community Service:
Currently Serving 1,000 + youth ages 7 to 18
Have served 10,000 youth and families since inception
Funding:
Private Donations and Trustee Program
Corporate Partners
Annual Golf Tournament at Calusa Pines Golf Club
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Packet Pg. 749 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
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SITUATION ANALYSIS
Collier County currently contracts The First Tee of Naples/Collier for the temporary maintenance
of the Golden Gate golf course. The County is in the process of assessment, site planning and
redevelopment planning for the Golden Gate golf course property. The County has left open the
possibility of re-opening the golf course on a temporary basis during the site planning and
redevelopment process. The First Tee of Naples/Collier has expressed interest in entering into a
strategic partnership with Collier County to re-open and operate the Golden Gate golf course
during the planning and redevelopment period.
The First Tee knows that it can execute a cost-effective course recovery plan and re-open the golf
course and operate it as a viable business through the property redevelopment period.
Golden Gate Golf Club is an existing golf course premises consisting of an eighteen (18) hole
public golf course and driving range. While there are many different golf courses in Naples/Collier
County there are no municipal golf courses, few public offerings, and fewer with the caliber of
course layout, history and location that Golden Gate has. High demand was witnessed while the
course and restaurant were open to public under previous management. Golden Gate Golf Club
re-opened and under the operation of TFTNC will meet the unmet public golf demand in Collier
County with an offering of a welcoming course and practice facility for golfers of all demographics
and skill levels, educational and vocational training and rehabilitation offering, and plenty of
entertainment for all.
Immediate Need for Re-Opening
Golf course maintenance equipment. Sprayer, mowers, small tools. Option for TFTNC to acquire
needed equipment through short term lease with Collier County reimbursement.
Approximately $5,000 per month.
Golf carts. Need for additional 30 golf carts. Option for TFTNC to acquire through seasonal lease.
Approximately $3,000 per month.
Turf recovery. Over-seed for upcoming peak period winter season, approximately 50 acres of
turf. Tees, fairways and greens. Approximately $50,000
Irrigation repairs. Pump replacements are pending. Ongoing underground piping repairs,
irrigation head replacement and controls repairs/replacements. Approximately $20,000
Keys to Success
The First Tee of Naples/Collier has identified three factors that will be critical for their success.
The first is the need to recover the existing course for acceptable playing conditions for the
upcoming peak period. It is important to create a new look environment and playability that is
in line with our targeted customer. The second key is our professional management group. This
is particularly important for the establishment of high-level service standards, talent acquisition,
training, standard operating procedures, and strict financial controls. These standards, practices,
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GOLDEN GATE COUNTRY CLUB Page 7 | 11
policies, and controls will help minimize risk. The last key to success will be the constant analysis
for improvement of the business. It will be management’s task to continually analyze the
business looking for ways that it can be adjusted to increase profitability.
Golden Gate golf course will be well managed and TFTNC will continue to invest in people and
projects that give the Club a distinct competitive advantage. There will be a commitment to
invest in employees to offer the highest level of guest services for constituents.
Target Market Customers
Collier County Golf Club has identified three population target segments. The first segment of the
population that will be targeted is the family and junior golfers, casual, senior, women, essential
services personnel and military veteran golfers. These groups enjoy an affordable, less time
consuming, less difficult, family-oriented golf experience. They appreciate the opportunity to
play a fun game, learn the game, and socialize with friends. The second segment of the
population that will be targeted is Charity Organizations. These groups enjoy the opportunity to
create new programs and increase fund-raising through golf for those they serve. The third
segment of the population that will be targeted supporting Collier County as a “Tourism
Destination” is seasonal and visiting golfers/tourists. These groups enjoy a high-quality
experience at an affordable price while they socialize in a casual, friendly environment.
Target Market Segment Strategy
TFTNC Golf Club will successfully target three distinct segments of the market. While these
groups will be attracted to the facilities, the reasons that they visit are different. Understanding
this will help TFTNC Golf Club accurately target the specific group. The first group is family and
junior golfers, casual, senior, women, essential services personnel and military veteran golfers.
These groups will be reached through advertisements and networking with different
associations. These players are looking for places to learn the game, new places to play, and
there are not enough public access courses that accommodate their desire for affordable, casual,
less time-consuming golf.
There is research and data to support that improved golfer's skills are directly related to playing
more rounds of golf and spending more dollars in the Club.
The second segment will be easy to target. This group comes from a growing section of the
population, people who are visiting Naples in peak season either as seasonal residents or visiting
golfers who enjoy a quality, affordable golf experience but do not have access to the majority of
courses in area because they are private.
The third segment will be easy to target due to proximity to the facilities. TFTNC Golf Club will
draw from the large local population of businesspeople, faculty, and students. Students are a
good segment of the population who like to eat, drink, play games, has disposable income, and
has time for leisure activities.
TFTNC Golf Club will embrace family centric and multi-generational marketing using new social
and media tools available.
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Packet Pg. 751 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 8 | 11
The question is how we make the game of golf more attractive. Many courses are just too difficult
and that creates frustration. The average golfer doesn't break 100. The Golden Gate property
offers a course that is welcoming to golfers of all demographics and skill level and particularly to
seniors, women, families, and juniors. More golfers are likely to use the course if they know their
families can be entertained as well. Golfers today are much more family oriented and less willing
to spend hours away from their spouses and children. Since time ranks among the top three
reasons for not playing more golf a flexible routing golf course represents a great alternative for
those looking to play a quick enjoyable round. Opportunities exist for alternative tees to
entertain all skill levels. Family Tees are tees established 80-130 yards from the greens for nine-
hole. This allows the entire family to play from the same set of tees. A great way for beginner
golfers in the family to get out, learn the game, and play together on the golf courses. All
members are required to play from the family tees, allowing everyone to experience the fun of
playing as a group. With a paying adult, children under 17 play free of charge. There are many
more programs that The First Tee can and will implement to provide more opportunities for
Collier County residents and visitors.
Advantage
The First Tee of Naples/Collier protects and improves the County’s asset
Provide much needed affordable public golf in Collier County
Improved playing conditions that will attract more golfers and increase tourism
Expertise and experience from industry leading professionals
Proven record of success
Transparency and Accountability
Guidance and Support
We get results and deliver results
Our model is proven, and we get the most for the money
Our years of experience have led us to understand that each club requires a unique approach to
the operations of their golf course. We intend to demonstrate how we will help Collier County
deliver affordable golf to the community, meet budgetary goals and attain a higher quality and
sustainable golf course program through the property redevelopment period.
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Packet Pg. 752 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 9 | 11
SCOPE OF SERVICES
TFTNC will provide total golf course management services. Management Services will include,
but not be limited to, the following components:
TFTNC will work as a contractor of Collier County and supervise the daily operations of the golf
course at Golden Gate Country Club.
TFTNC, through its golf course operations partner, will employ all the golf course and golf
operations employees of the Facility. All employees will receive training and supervision. Our goal
will be to build and retain the best team possible to ensure quality golf course playing conditions,
service and ongoing customer satisfaction.
TFTNC will provide Human Resources Management to include payroll administration, employee,
and benefits administration.
TFTNC will provide its resources and expertise to develop a comprehensive operational and
agronomic recovery plan that will meet Collier County’s objectives. The plan will be designed to
improve the current conditions as well as address areas that could be improved to ensure success
through the property redevelopment period.
TFTNC will coordinate local marketing activities, including the development of an overall Facility
marketing plan, development and design of a Facility specific advertisement campaign and
development and design of collateral marketing materials.
TFTNC will prepare a monthly summary on performance to the Operational Plan and be available
to review with Collier County.
TFTNC through its golf course operations partner shall arrange for the procurement, as an
Operating Cost, of all operating supplies, operating equipment, inventories, and services and
utilize its centralized purchasing programs to obtain national pricing from all vendors providing
goods and services to the golf course operations.
TFTNC will enter into and execute service and maintenance agreements, purchase orders for the
purchase of supplies, inventory, and equipment, as well as such other contracts and agreements
as shall deem necessary for the proper use and operation of the golf course Facility.
TFTNC will provide all accounting functions for the golf course maintenance operations including
accounts payable.
TFTNC will timely apply for, and diligently attempt to obtain and/or renew all licenses, permits
and certificates required in connection with the golf course operations. Where required by
governmental authorities, or where Collier County prefers, licenses shall be obtained in the name
of Club and all documents shall, if necessary, be executed by Collier County in a timely fashion.
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Packet Pg. 753 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 10 | 11
PROPOSED TERMS OF AGREEMENT
TFTNC will enter into a fixed fee management agreement with Collier County as the manager
and operator of the Golden Gate golf course through the temporary and transitional
property redevelopment period.
TFTNC will assume the operational risk of the golf course.
Collier County will provide funding for specific improvements to the golf course prior to the
golf course re-opening. Prior to the effective date of the Agreement, Collier County will
provide $100,000 in funding earmarked for golf course recovery and re-opening costs.
TFTNC shall refund one-half, or $50,000, of this amount to Collier County on or before the
end of the second year of the agreement “Initial Term”.
Collier County will provide temporary golf shop and golf cart storage facilities.
TFTNC will participate in the property redevelopment proposal process with the intent to
work on transitioning the temporary golf course management agreement into a lease
agreement or other long-term agreement to redevelop and operate the golf facility.
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Packet Pg. 754 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GOLDEN GATE COUNTRY CLUB Page 11 | 11
PROFESSIONAL FEES
For its services The First Tee of Naples/Collier is proposing the following:
Term: Initial term will commence on date to be determined and will end
on December 31, 2021.
Renewal: Upon mutual written consent the agreement may be extended
month to month through the property redevelopment period.
TFTNC is committed to establishing a long-term relationship with
Collier County.
Management Fee: From and after the Commencement Date, a monthly management
services fee of Twenty-Five Thousand Dollars ($25,000)
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Packet Pg. 755 Attachment: The First Tee's Golden Gate Golf Course Proposal (10519 : First Tee Unsolicited Offer)
GGCC
2020 Projections 2020
Budget Budget Budget Budget Budget Budget Budget Budget Budget Budget Budget Budget Budget
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Operating revenues
Golf Operations 112,757 140,730 155,196 58,943 19,875 13,009 13,126 13,126 12,658 23,648 45,640 69,745 678,453
Admin -
112,757 140,730 155,196 58,943 19,875 13,009 13,126 13,126 12,658 23,648 45,640 69,745 678,453
Operating expenses
Golf Operations 27,818 23,077 23,470 18,883 18,742 11,958 11,362 11,362 11,349 18,607 32,661 21,663 230,951
Golf Maintenance 38,677 35,474 36,181 38,405 42,925 32,376 32,959 31,127 34,196 40,451 58,890 36,042 457,702
Admin 17,555 18,058 18,369 16,636 15,933 15,809 15,811 15,811 15,803 16,001 16,397 16,930 199,112
84,050 76,609 78,019 73,924 77,600 60,143 60,132 58,300 61,347 75,059 107,948 74,635 887,765
Gross Operating Margin
Golf Operations & Maintenance 46,261 82,179 95,546 1,654 (41,792) (31,325) (31,194) (29,362) (32,887) (35,410) (45,911) 12,041 (10,200)
Admin (17,555) (18,058) (18,369) (16,636) (15,933) (15,809) (15,811) (15,811) (15,803) (16,001) (16,397) (16,930) (199,112)
Amenities Operating Margin 28,707 64,121 77,177 (14,982) (57,725) (47,134) (47,006) (45,173) (48,689) (51,411) (62,308) (4,890) (209,312)
Marketing 3,000 1,000 1,000 5,000
Real Estate & Intangible Tax -
Depreciation Expenses
Amenities Gross Margin 25,707 63,121 76,177 (14,982) (57,725) (47,134) (47,006) (45,173) (48,689) (51,411) (62,308) (4,890) (214,312)
Management Fee Income 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 300,000
Gross Margin 50,707 88,121 101,177 10,018 (32,725) (22,134) (22,006) (20,173) (23,689) (26,411) (37,308) 20,110 85,688
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Packet Pg. 756 Attachment: The First Tee's GGGC Financial Projections 2020 (10519 : First Tee Unsolicited Offer)
Rates & Time Subject to Change Preliminary 2020 Rates
Greens Fee Rates JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
PM = (After 2PM)
Non-Resident 70.00 70.00 70.00 60.00 45.00 30.00 30.00 30.00 30.00 45.00 60.00 60.00
Non-Resident PM 40.00 40.00 40.00 35.00 25.00 25.00 25.00 25.00 25.00 25.00 35.00 35.00
Non-Resident Walking 45.00 45.00 45.00 40.00 29.00 20.00 20.00 20.00 20.00 29.00 40.00 40.00
Non-Resident Walking PM 25.00 25.00 25.00 20.00 18.00 18.00 18.00 18.00 18.00 18.00 20.00 20.00
Non-Resident 9 Hole 40.00 40.00 40.00 35.00 25.00 15.00 15.00 15.00 15.00 25.00 35.00 35.00
Non-Resident 9 Hole PM 25.00 25.00 25.00 20.00 18.00 12.00 12.00 12.00 12.00 18.00 20.00 20.00
Resident 49.00 49.00 49.00 42.00 32.00 22.00 22.00 22.00 22.00 32.00 42.00 42.00
Resident PM 30.00 30.00 30.00 25.00 20.00 18.00 18.00 18.00 18.00 20.00 25.00 25.00
Resident Walking 32.00 32.00 32.00 27.00 22.00 15.00 15.00 15.00 15.00 22.00 27.00 27.00
Resident Walking PM 20.00 20.00 20.00 18.00 15.00 12.00 12.00 12.00 12.00 15.00 18.00 18.00
Resident 9 Hole 30.00 30.00 30.00 25.00 20.00 12.00 12.00 12.00 12.00 20.00 25.00 25.00
Resident 9 Hole PM 20.00 20.00 20.00 18.00 15.00 10.00 10.00 10.00 10.00 15.00 18.00 18.00
Third Party & Promo 56.00 56.00 56.00 49.00 39.00 25.00 25.00 25.00 25.00 39.00 49.00 49.00
Third Party & Promo PM 35.00 35.00 35.00 30.00 25.00 15.00 15.00 15.00 15.00 25.00 30.00 30.00
1 10/14/2019 3:08 PM GGGC Preliminary Projection 2020_Golf Rates
11.D.3
Packet Pg. 757 Attachment: GGGC Preliminary Projection 2020 Golf Rates (10519 : First Tee Unsolicited Offer)
255.065 Public-private partnerships; public records and public meetings exemptions.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Affected local jurisdiction” means a county, municipality, or special district in which all or a
portion of a qualifying project is located.
(b) “Develop” means to plan, design, finance, lease, acquire, install, construct, or expand.
(c) “Fees” means charges imposed by the private entity of a qualifying project for use of all or a
portion of such qualifying project pursuant to a comprehensive agreement.
(d) “Lease payment” means any form of payment, including a land lease, by a public entity to the
private entity of a qualifying project for the use of the project.
(e) “Material default” means a nonperformance of it s duties by the private entity of a qualifying
project which jeopardizes adequate service to the public from the project.
(f) “Operate” means to finance, maintain, improve, equip, modify, or repair.
(g) “Private entity” means any natural person, corporation, general partnership, limited liability
company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit
entity, or other private business entity.
(h) “Proposal” means a plan for a qualifying project with detail beyond a conceptual level for
which terms such as fixing costs, payment schedules, financing, deliverables, and project schedule are
defined.
(i) “Qualifying project” means:
1. A facility or project that serves a public purpose, including, but not limite d to, any ferry or mass
transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, fuel supply
facility, oil or gas pipeline, medical or nursing care facility, recreational facility, sporting or cultural
facility, or educational facility or other building or facility that is used or will be used by a public
educational institution, or any other public facility or infrastructure that is used or will be used by the
public at large or in support of an accepted public purpose or activity;
2. An improvement, including equipment, of a building that will be principally used by a public
entity or the public at large or that supports a service delivery system in the public sector;
3. A water, wastewater, or surface water management facility or other related infrastructure; or
4. Notwithstanding any provision of this section, for projects that involve a facility owned or
operated by the governing board of a county, district, or municipal hospital or health care system, or
projects that involve a facility owned or operated by a municipal electric utility, only those projects
that the governing board designates as qualifying projects pursuant to this section.
(j) “Responsible public entity” means a county, municipality, school distr ict, special district, or
any other political subdivision of the state; a public body corporate and politic; or a regional entity
that serves a public purpose and is authorized to develop or operate a qualifying project.
11.D.4
Packet Pg. 758 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
(k) “Revenues” means the income, earnings, user fees, lease payments, or other service payments
relating to the development or operation of a qualifying project, including, but not limited to, money
received as grants or otherwise from the Federal Government, a public entity, or an agency o r
instrumentality thereof in aid of the qualifying project.
(l) “Service contract” means a contract between a responsible public entity and the private entity
which defines the terms of the services to be provided with respect to a qualifying project.
(2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that there is a public need for the
construction or upgrade of facilities that are used predominantly for public purposes and that it is in
the public’s interest to provide for the construction or upgrade of such facilities.
(a) The Legislature also finds that:
1. There is a public need for timely and cost-effective acquisition, design, construction,
improvement, renovation, expansion, equipping, maintenance, operation, implementation, or
installation of projects serving a public purpose, including educational facilities, transportation
facilities, water or wastewater management facilities and infrastructure, technology infrastructure,
roads, highways, bridges, and other public infrastructure and governm ent facilities within the state
which serve a public need and purpose, and that such public need may not be wholly satisfied by
existing procurement methods.
2. There are inadequate resources to develop new educational facilities, transportation facilities ,
water or wastewater management facilities and infrastructure, technology infrastructure, roads,
highways, bridges, and other public infrastructure and government facilities for the benefit of residents
of this state, and that a public-private partnership has demonstrated that it can meet the needs by
improving the schedule for delivery, lowering the cost, and providing other benefits to the public.
3. There may be state and federal tax incentives that promote partnerships between public and
private entities to develop and operate qualifying projects.
4. A procurement under this section serves the public purpose of this section if such procurement
facilitates the timely development or operation of a qualifying project.
(b) It is the intent of the Legislature to encourage investment in the state by private entities; to
facilitate various bond financing mechanisms, private capital, and other funding sources for the
development and operation of qualifying projects, including expansion and acceleration of such
financing to meet the public need; and to provide the greatest possible flexibility to public and private
entities contracting for the provision of public services.
(3) PROCUREMENT PROCEDURES.—A responsible public entity may receive unsolicited proposals or
may solicit proposals for a qualifying project and may thereafter enter into a comprehensive
agreement with a private entity, or a consortium of private entities, for the building, upgrading,
operating, ownership, or financing of facilities.
11.D.4
Packet Pg. 759 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
(a)1. The responsible public entity may establish a reasonable application fee for the submission of
an unsolicited proposal under this section.
2. A private entity that submits an unsolicited proposal to a responsible public entity must
concurrently pay an initial application fee, as determined by the responsible public entity. Payment
must be made by cash, cashier’s check, or other noncancelable instrument. Personal checks may not
be accepted.
3. If the initial application fee does not cover the responsible public entity’s costs to evaluate the
unsolicited proposal, the responsible public entity must request in writing the additional amounts
required. The private entity must pay the requested additional amounts within 30 days after receipt of
the notice. The responsible public entity may stop its review of the unsolicited proposal if the private
entity fails to pay the additional amounts.
4. If the responsible public entity does not evaluate the unsolicited proposal, the responsible
public entity must return the application fee.
5. If the responsible public entity chooses to evaluate an unsolicited proposal involving
architecture, engineering, or landscape architecture, it must ensure a professional review and
evaluation of the design and construction propos ed by the initial or subsequent proposers to assure
material quality standards, interior space utilization, budget estimates, design and construction
schedules, and sustainable design and construction standards consistent with public projects. Such
review shall be performed by an architect, a landscape architect, or an engineer licensed in this state
qualified to perform the review, and such professional shall advise the responsible public entity
through completion of the design and construction of the project.
(b) The responsible public entity may request a proposal from private entities for a qualifying
project or, if the responsible public entity receives an unsolicited proposal for a qualifying project and
the responsible public entity intends to enter into a comprehensive agreement for the project
described in the unsolicited proposal, the responsible public entity shall publish notice in the Florida
Administrative Register and a newspaper of general circulation at least once a week for 2 weeks stating
that the responsible public entity has received a proposal and will accept other proposals for the same
project. The timeframe within which the responsible public entity may accept other proposals shall be
determined by the responsible public entity on a project-by-project basis based upon the complexity of
the qualifying project and the public benefit to be gained by allowing a longer or shorter period of time
within which other proposals may be received; however, the timeframe for allowing other proposals
must be at least 21 days, but no more than 120 days, after the initial date of publication. If approved
by a majority vote of the responsible public entity’s governing body, the responsible public entity may
alter the timeframe for accepting proposals to more adequately suit the needs of the qualifying
project. A copy of the notice must be mailed to each local government in the affected area.
11.D.4
Packet Pg. 760 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
(c) If the solicited qualifying project provided in paragraph (b) includes design work, the
solicitation must include a design criteria package prepared by an architect, a landscape architect, or
an engineer licensed in this state which is sufficient to allow private entities to prepare a bid or a
response. The design criteria package must specify reasonably specific criteria for the qualifying
project such as the legal description of the site, with survey information; interior space requirements;
material quality standards; schematic layouts and conceptual design criteria for the qualifying project;
cost or budget estimates; design and construction schedules; and site development and utility
requirements. The licensed design professional who prepares the design criteria package shall be
retained to serve the responsible public entity through completion of the design and construction of
the project.
(d) Before approving a comprehensive agreement, the responsible public entity must determine
that the proposed project:
1. Is in the public’s best interest.
2. Is for a facility that is owned by the responsible public entity or for a facility for which
ownership will be conveyed to the responsible public entity.
3. Has adequate safeguards in place to ensure that additional costs or service disruptions are not
imposed on the public in the event of material default or cancellation of the comprehensive agreement
by the responsible public entity.
4. Has adequate safeguards in place to ensure that the responsible public entity or private entity
has the opportunity to add capacity to the proposed project or other facilities serving sim ilar
predominantly public purposes.
5. Will be owned by the responsible public entity upon completion, expiration, or termination of
the comprehensive agreement and upon payment of the amounts financed.
(e) Before signing a comprehensive agreement, the responsible public entity must consider a
reasonable finance plan that is consistent with subsection (9); the qualifying project cost; revenues by
source; available financing; major assumptions; internal rate of return on private investments , if
governmental funds are assumed in order to deliver a cost-feasible project; and a total cash-flow
analysis beginning with the implementation of the project and extending for the term of the
comprehensive agreement.
(f) In considering an unsolicited proposal, the responsible public entity may require from the
private entity a technical study prepared by a nationally recognized expert with experience in
preparing analysis for bond rating agencies. In evaluating the technical study, the responsible public
entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar
facilities or the advice of external advisors or consultants who have relevant experience.
11.D.4
Packet Pg. 761 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
(4) PROJECT APPROVAL REQUIREMENTS.—An unsolicited proposal from a private entity for approval
of a qualifying project must be accompanied by the following material and information, unless waived
by the responsible public entity:
(a) A description of the qualifying project, including the conceptual design of the fa cilities or a
conceptual plan for the provision of services, and a schedule for the initiation and completion of the
qualifying project.
(b) A description of the method by which the private entity proposes to secure the necessary
property interests that are required for the qualifying project.
(c) A description of the private entity’s general plans for financing the qualifying project, including
the sources of the private entity’s funds and the identity of any dedicated revenue source or proposed
debt or equity investment on behalf of the private entity.
(d) The name and address of a person who may be contacted for additional information concerning
the proposal.
(e) The proposed user fees, lease payments, or other service payments over the term of a
comprehensive agreement, and the methodology for and circumstances that would allow changes to
the user fees, lease payments, and other service payments over time.
(f) Additional material or information that the responsible public entity reasonably requests.
Any pricing or financial terms included in an unsolicited proposal must be specific as to when the pricing
or terms expire.
(5) PROJECT QUALIFICATION AND PROCESS.—
(a) The private entity, or the applicable party or parties of the private entity’s team, must mee t
the minimum standards contained in the responsible public entity’s guidelines for qualifying
professional services and contracts for traditional procurement projects.
(b) The responsible public entity must:
1. Ensure that provision is made for the private entity’s performance and payment of
subcontractors, including, but not limited to, surety bonds, letters of credit, parent company
guarantees, and lender and equity partner guarantees. For the components of the qualifying project
which involve construction performance and payment, bonds are required and are subject to the
recordation, notice, suit limitation, and other requirements of s. 255.05.
2. Ensure the most efficient pricing of the security package that provides for the performance and
payment of subcontractors.
3. Ensure that the comprehensive agreement addresses termination upon a material default of the
comprehensive agreement.
(c) After the public notification period has expired in the case of an unsolicited proposal, the
responsible public entity shall rank the proposals received in order of preference. In ranking the
11.D.4
Packet Pg. 762 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
proposals, the responsible public entity may consider factors that include, but are not limited to,
professional qualifications, general business terms, innovative design techniques or cost -reduction
terms, and finance plans. The responsible public entity may then begin negotiations for a
comprehensive agreement with the highest-ranked firm. If the responsible public entity is not satisfied
with the results of the negotiations, the responsible public entity may terminate negotiations with the
proposer and negotiate with the second-ranked or subsequent-ranked firms, in the order consistent
with this procedure. If only one proposal is received, the responsible public entity may negotiate in
good faith, and if the responsible public entity is not satisfied with the results of the negotiations, the
responsible public entity may terminate negotiations with the proposer. Notwithstanding this
paragraph, the responsible public entity may reject all proposals at any point in the process until a
contract with the proposer is executed.
(d) The responsible public entity shall perform an independent analysis of the proposed public -
private partnership which demonstrates the cost-effectiveness and overall public benefit before the
procurement process is initiated or before the contract is awarded.
(e) The responsible public entity may approve the development or operation of an educational
facility, a transportation facility, a water or wastewater management facility or related infrastructure,
a technology infrastructure or other public infrastructure, or a government facility needed by the
responsible public entity as a qualifying project, or the design or equipping of a qualifying project that
is developed or operated, if:
1. There is a public need for or benefit derived from a project of the type that the private entity
proposes as the qualifying project.
2. The estimated cost of the qualifying project is reasonable in relation to similar facilities.
3. The private entity’s plans will result in the timely acquisition, design, construction,
improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project.
(f) The responsible public entity may charge a reasonable fee to cover the costs of processing,
reviewing, and evaluating the request, including, but not limited to, reasonable attorney fees and fees
for financial and technical advisors or consultants and for other necessary advisors or consultants.
(g) Upon approval of a qualifying project, the responsible public entity shall establish a date for
the commencement of activities related to the qualifying project. The responsible public entity may
extend the commencement date.
(h) Approval of a qualifying project by the responsible public entity is subject to entering into a
comprehensive agreement with the private entity.
(6) INTERIM AGREEMENT.—Before or in connection with the negotiation of a comprehensive
agreement, the responsible public entity may enter into an interim agreement with the private entity
proposing the development or operation of the qualifying project. An interim agreement does not
obligate the responsible public entity to enter into a comprehensive agreement. The interim
11.D.4
Packet Pg. 763 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
agreement is discretionary with the parties and is not required on a qualifying project for which the
parties may proceed directly to a comprehensive agreement without the need for an interim
agreement. An interim agreement must be limited to provisions that:
(a) Authorize the private entity to commence activities for which it may be compensated related
to the proposed qualifying project, including, but not limited to, project planning and development,
design, environmental analysis and mitigation, survey, other activities concerning any part of the
proposed qualifying project, and ascertaining the availability of financing for the proposed facility or
facilities.
(b) Establish the process and timing of the negotiation of the comprehensive agreement.
(c) Contain such other provisions related to an aspect of the development or operation of a
qualifying project that the responsible public entity and the private entity deem appropriate.
(7) COMPREHENSIVE AGREEMENT.—
(a) Before developing or operating the qualifying project, the private entity must enter into a
comprehensive agreement with the responsible public entity. The comprehensive agreement must
provide for:
1. Delivery of performance and payment bonds, letters of credit, or other security acceptable to
the responsible public entity in connection with the development or operation of the qualifying project
in the form and amount satisfactory to the responsible public entity. For the components of the
qualifying project which involve construction, the form and amount of the bonds must comply with
s. 255.05.
2. Review of the design for the qualifying project by the responsible public entity and, if the design
conforms to standards acceptable to the responsible public entity, the approval of the responsible
public entity. This subparagraph does not require the private entity to complete the design of the
qualifying project before the execution of the comprehensive agreement.
3. Inspection of the qualifying project by the responsible public entity to ensure that the private
entity’s activities are acceptable to the responsible public entity in accordance with the
comprehensive agreement.
4. Maintenance of a policy of public liability insurance, a copy of which must be filed with the
responsible public entity and accompanied by proofs of coverage, or self -insurance, each in the form
and amount satisfactory to the responsible public entity and reasonably sufficient to ensure coverage
of tort liability to the public and employees and to enable the continued operation of the qualifying
project.
5. Monitoring by the responsible public entity of the maintenance practices to be performed by the
private entity to ensure that the qualifying project is properly maintained.
6. Periodic filing by the private entity of the appropriate financial statements that pertain to the
qualifying project.
11.D.4
Packet Pg. 764 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
7. Procedures that govern the rights and responsibilities of the responsible public entity and the
private entity in the course of the construction and operation of the qualifying project and in the event
of the termination of the comprehensive agreement or a material default by the private entity. The
procedures must include conditions that govern the assumption of the duties and responsibilities of the
private entity by an entity that funded, in whole or part, the qualifying project or by the responsible
public entity, and must provide for the transfer or purchase of property or other interests of the
private entity by the responsible public entity.
8. Fees, lease payments, or service payments. In negotiating user fees, the fees must be the same
for persons using the facility under like conditions and must not materially discourage use of the
qualifying project. The execution of the comprehensive agreement or a subsequent amendment is
conclusive evidence that the fees, lease payments, or service payments provided for in the
comprehensive agreement comply with this section. Fees or lease payments established in the
comprehensive agreement as a source of revenue may be in addition to, or in lieu of, service
payments.
9. Duties of the private entity, including the terms and conditions that the responsible public
entity determines serve the public purpose of this section.
(b) The comprehensive agreement may include:
1. An agreement by the responsible public entity to make grants or loans to the private entity from
amounts received from the federal, state, or local government or an agency or instrumentality thereof.
2. A provision under which each entity agrees to provide notice of default and cure rights for the
benefit of the other entity, including, but not limited to, a provision regarding unavoidable delays.
3. A provision that terminates the authority and duties of the private entity under this secti on and
dedicates the qualifying project to the responsible public entity or, if the qualifying project was
initially dedicated by an affected local jurisdiction, to the affected local jurisdiction for public use.
(8) FEES.—A comprehensive agreement entered into pursuant to this section may authorize the
private entity to impose fees to members of the public for the use of the facility. The following
provisions apply to the comprehensive agreement:
(a) The responsible public entity may develop new facilities or increase capacity in existing
facilities through a comprehensive agreement with a private entity.
(b) The comprehensive agreement must ensure that the facility is properly operated, maintained,
or improved in accordance with standards set forth in the comprehensive agreement.
(c) The responsible public entity may lease existing fee-for-use facilities through a comprehensive
agreement.
(d) Any revenues must be authorized by and applied in the manner set forth in the comprehensive
agreement.
11.D.4
Packet Pg. 765 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
(e) A negotiated portion of revenues from fee-generating uses may be returned to the responsible
public entity over the life of the comprehensive agreement.
(9) FINANCING.—
(a) A private entity may enter into a private-source financing agreement between financing sources
and the private entity. A financing agreement and any liens on the property or facility must be paid in
full at the applicable closing that transfers ownership or operation of the facility to the responsible
public entity at the conclusion of the term of the comprehensive agreement.
(b) The responsible public entity may lend funds to private entities that construct projects
containing facilities that are approved under this section.
(c) The responsible public entity may use innovative finance techniques associated with a public-
private partnership under this section, including, but not limited to, federal loans as provided in Titles
23 and 49 C.F.R., commercial bank loans, and hedges against inflation from commercial banks or other
private sources. In addition, the responsible public entity may provide its own capital or operating
budget to support a qualifying project. The budget may be from any legally permissible funding sources
of the responsible public entity, including the proceeds of debt issuances. A responsible public entity
may use the model financing agreement provided in s. 489.145(6) for its financing of a facility owned
by a responsible public entity. A financing agreement may not require the responsible public entity to
indemnify the financing source, subject the responsible public entity’s facility to liens in violation of
s. 11.066(5), or secure financing of the responsible public entity by a mortgage on, or security interest
in, the real or tangible personal property of the responsible public entity in a manner that could result
in the loss of the fee ownership of the property by the responsible public entity, and any such provision
is void.
(10) POWERS AND DUTIES OF THE PRIVATE ENTITY.—
(a) The private entity shall:
1. Develop or operate the qualifying project in a manner that is acceptable to the responsible
public entity in accordance with the provisions of the comprehensive agreement.
2. Maintain, or provide by contract for the maintenance or improvement of, the qualifying project
if required by the comprehensive agreement.
3. Cooperate with the responsible public entity in making best efforts to establish interconnection
between the qualifying project and any other facility or infrastructure as r equested by the responsible
public entity in accordance with the provisions of the comprehensive agreement.
4. Comply with the comprehensive agreement and any lease or service contract.
(b) Each private facility that is constructed pursuant to this section must comply with the
requirements of federal, state, and local laws; state, regional, and local comprehensive plans; the
responsible public entity’s rules, procedures, and standards for facilities; and such other conditions
11.D.4
Packet Pg. 766 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
that the responsible public entity determines to be in the public’s best interest and that are included
in the comprehensive agreement.
(c) The responsible public entity may provide services to the private entity. An agreement for
maintenance and other services entered into pursuant to this section must provide for full
reimbursement for services rendered for qualifying projects.
(d) A private entity of a qualifying project may provide additional services for the qualifying
project to the public or to other private entities if the provision of additional services does not impair
the private entity’s ability to meet its commitments to the responsible public entity pursuant to the
comprehensive agreement.
(11) EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon the expiration or termination of a
comprehensive agreement, the responsible public entity may use revenues from the qualifying project
to pay current operation and maintenance costs of the qualifying project. If the private entity
materially defaults under the comprehensive agreement, the compensation that is otherwise due to
the private entity is payable to satisfy all financial obligations to investors and lenders on the
qualifying project in the same way that is provided in the comprehensive agreement or any other
agreement involving the qualifying project, if the costs of operating and maintaining the qualifying
project are paid in the normal course. Revenues in excess of the costs for operation and maintenance
costs may be paid to the investors and lenders to satisfy payment obligations under their respective
agreements. A responsible public entity may terminate with cause and without prejudice a
comprehensive agreement and may exercise any other rights or remedies that may be available to it in
accordance with the provisions of the comprehensive agreement. The full faith and credit of the
responsible public entity may not be pledged to secure the financing of the private entity. The
assumption of the development or operation of the qualifying project does not obligate the responsible
public entity to pay any obligation of the private entity from sources other than revenues from the
qualifying project unless stated otherwise in the comprehensive agreement.
(12) SOVEREIGN IMMUNITY.—This section does not waive the sovereign immunity of a responsible
public entity, an affected local jurisdiction, or an officer or employee thereof with respect to
participation in, or approval of, any part of a qualifying project or its operation, including, but not
limited to, interconnection of the qualifying project with any other infrastructure or project. A county
or municipality in which a qualifying project is located possesses sovereign immunity with respect to
the project, including, but not limited to, its design, construction, and opera tion.
(13) DEPARTMENT OF MANAGEMENT SERVICES.—
(a) A responsible public entity may provide a copy of its comprehensive agreement to the
Department of Management Services. A responsible public entity must redact any confidential or
exempt information from the copy of the comprehensive agreement before providing it to the
Department of Management Services.
11.D.4
Packet Pg. 767 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
(b) The Department of Management Services may accept and maintain copies of comprehensive
agreements received from responsible public entities for the purpose of sharing comprehensive
agreements with other responsible public entities.
(c) This subsection does not require a responsible public entity to provide a copy of its
comprehensive agreement to the Department of Management Services.
(14) CONSTRUCTION.—
(a) This section shall be liberally construed to effectuate the purposes of this section.
(b) This section shall be construed as cumulative and supplemental to any other authority or power
vested in or exercised by the governing body of a county, municipality, special district, or municipal
hospital or health care system including those contained in acts of the Legislature.
(c) This section does not affect any agreement or existing relationship with a supporting
organization involving such governing body or system in effect as of January 1, 2013.
(d) This section provides an alternative method and does not limit a county, municipality, special
district, or other political subdivision of the state in the procurement or operation of a qualifying
project pursuant to other statutory or constitutional authority.
(e) Except as otherwise provided in this section, this section does not amend existing laws by
granting additional powers to, or further restricting, a local governmental entity from regulat ing and
entering into cooperative arrangements with the private sector for the planning, construction, or
operation of a facility.
(f) This section does not waive any requirement of s. 287.055.
(15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.—
(a) As used in this subsection, the term “competitive solicitation” has the same meaning as
provided in s. 119.071(1).
(b)1. An unsolicited proposal received by a responsible public entity is exempt from s. 119.07(1)
and s. 24(a), Art. I of the State Constitution until such time as the responsible public entity provides
notice of an intended decision for a qualifying project.
2. If the responsible public entity rejects all proposals submitted pursuant to a competitive
solicitation for a qualifying project and such entity concurrently provides notice of its intent to seek
additional proposals for such project, the unsolicited proposal remains exempt until the responsible
public entity provides notice of an intended decision concerning the reissued competitive solicitation
for the qualifying project or until the responsible public entity withdraws the reissued competitive
solicitation for such project.
3. An unsolicited proposal is exempt for no longer than 90 days after the initial notice by the
responsible public entity rejecting all proposals.
11.D.4
Packet Pg. 768 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)
(c) If the responsible public entity does not issue a competitive solicitation for a qualifying project,
the unsolicited proposal ceases to be exempt 180 days after receipt of the unsolicited proposal by such
entity.
(d)1. Any portion of a meeting of a responsible public entity during which an un solicited proposal
that is exempt is discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
2.a. A complete recording must be made of any portion of an exempt meeting. No portion of the
exempt meeting may be held off the record.
b. The recording of, and any records generated during, the exempt meeting are exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the responsible public entity
provides notice of an intended decision for a qualifying project or 180 days after receipt of the
unsolicited proposal by the responsible public entity if such entity does not issue a competitive
solicitation for the project.
c. If the responsible public entity rejects all proposals and concurrently provides notice of its
intent to reissue a competitive solicitation, the recording and any records generated at the exempt
meeting remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time
as the responsible public entity provides notice of an intended decision concerning the reissued
competitive solicitation or until the responsible public entity withdraws the reissued competitive
solicitation for such project.
d. A recording and any records generated during an exempt meeting are exempt for no longer than
90 days after the initial notice by the responsible public entity rejecting all proposals.
(e) This subsection is subject to the Open Government Sunset Review Act in accordance with
s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through
reenactment by the Legislature.
History.—s. 2, ch. 2013-223; s. 1, ch. 2016-153; s. 1, ch. 2016-154.
Note.—Former s. 287.05712.
11.D.4
Packet Pg. 769 Attachment: F.S. Sec. 255.065 (10519 : First Tee Unsolicited Offer)