Golf Course Lease (Atmore)

Golf Course Lease

PCI Gaming Request for ProposalDate November 27 2015 Description Request for Proposal for Golf Course Lease Proposal Opens Friday November 27 2015 Proposal Closes Monday December 7 2015 at 5 00 PM CST Note If no Proposal is received by closing time the bidder will be considered a no bid. PurposeThe purpose for the request for proposal is to enter into a lease agreement with an organization group that will operate the golf course owned by PCI Gaming in Montgomery AL next to the Wind Creek Casino Hotel Montgomery.SpecificationsPCI Gaming Authority (DBA) Wind Creek Hospitality is requesting proposals from qualified Golf Course Operators. The successful bidder shall operate the golf course and its related facilities pro shop bar and restaurant banquet facility.The Golf Club includes a pro shop clubhouse with a full service restaurant and bar kitchen locker rooms offices and a separate banquet facility. The course is a par 72 golf course measuring approximately 6 300 yards. Assets also include a maintenance facility.Attached to the RFP you will find an aerial shot of the golf courseTHERE WILL BE A COURTESY ON-SITE MEETING NEXT WEDNESDAY DECEMBER 2 2015 at 11 00 AM CST. PLEASE MEET AT THE CLUBHOUSE OF THE GOLF COURSE WHERE YOU WILL BE MEET BY THE DIRECTOR OF PURCHASING AND A GOLF COURSE DESIGNEE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE CONCERNING THIS 18 HOLE GOLF COURSE LEASE PROPOSAL.Request for Proposal response should include Background Experienceof your group Lease Terms Business References You will also find attached a new vendor packet. If Proposer is not currently doing business with PCI Gaming Authority the Proposer must also include in submitted proposal pages 3 4 5 and 7 of the new vendor packet. Questions regarding this Request for Proposal should be directed to Ms. Jody BusingDirector of PurchasingPCI Gaming Authority(DBA) Wind Creek Hospitality303 Poarch RoadAtmore AL 36502(251) 446-4330 (o)jbusing(at)windcreekhospitality.com All Proposals will need to be emailed to Jody J BusingCorporate Director of PurchasingPCI Gaming Authority(DBA) Wind Creek Hospitality303 Poarch RoadAtmore AL. 36502Phone 251-446-4330Fax 251-446-4693E-mail jbusing(at)windcreekhospitality.com This project will be awarded to the Proposer whose evaluation by owner indicates to Owner that the award will be in the best interest of PCI Gaming Authority. Owner reserves the right to reject any and all Proposals if Owner believes that it would not be in the best interest of PCI Gaming to make an award to that Proposer. ComplaintsPlease direct any complaints about the procedures used for this procurement to the Office of the President and CEO of PCI Gaming Authority in writing.Office of the PresidentPCI Gaming Authority303 Poarch RoadAtmore AL 36502 General Terms and Conditions1. Definitions. The PCI Gaming Authority ( PCIGA ) is an instrumentality of the Poarch Band of Creek Indians ( PBCI or The Tribe ).2. Seller s Acceptance of Terms Choice of Law Forum Selection and Amendment. These terms and conditions terms and conditions on the face of this Purchase Order and plans specifications or other documents attached or incorporated by reference on the face of this Purchase Order are PCIGA s offer to Seller and shall constitute the entire agreement between PCIGA and Seller. PCIGA hereby objects to and rejects any different or additional terms (including any general terms Seller may have included in any document attached to or incorporated on the face of this Purchase Order) suggested before or after issuance of this Purchase Order. Any performance hereunder will be deemed an acceptance of these terms and conditions. No amendments to this Purchase Order shall be effective unless in writing and signed by both parties.3. Warranty. Seller represents that all goods and services provided under this Purchase Order (i) are new and unused (unless otherwise specified or agreed to in writing by PCIGA) and free from defects in material and workmanship (ii) are of the quality size and dimensions ordered (iii) comply with all warranties and representations expressed by Seller in any advertisement correspondence response to PCIGA s RFP RFB or RFQ or other document provided to PCIGA and (iv) are not restricted in any way by patents copyrights trade secrets or any other rights of third parties. If any warranty is breached Seller will correct such breach at Seller s sole expense pay all direct damages suffered by PCIGA and defend and indemnify PCIGA from any claim asserted by any person resulting in whole or in part from such breach. No warranty shall be waived by acceptance of goods or services or payment.4. Inspections and Improper Delivery. PCIGA shall have a reasonable time after receipt to inspect and test any goods or services provided under this Purchase Order and reject any or all items that are nonconforming or defective. Goods or services rejected or supplies in excess of quantities ordered may be returned to Seller at Seller s expense. PCIGA reserves the right to refuse any goods or services and to cancel all or any part of this Purchase Order if Seller fails to deliver all or any part of the goods or services in accordance with these terms and conditions. Any acceptance by PCIGA shall not be deemed a waiver or settlement of any defect or nonconformity in such goods or services.5. Assignment. Neither party may assign any rights or obligations of this Purchase Order without prior written consent of the other. In the event of any assignment Seller shall remain responsible for its performance and that of any assignee under this Purchase Order. This Purchase Order shall be binding upon Seller and its successors and assigns if any. Notwithstanding any notice of assignment PCIGA s tender of payment to the Seller or to any person reasonably believed to be entitled to payment shall satisfy PCIGA s obligation to pay and in no event shall PCIGA be obligated to pay twice or be liable for any damages due to failure to pay the correct party.6. Taxes. PCIGA is exempt from paying any sales and use taxes. Seller shall not charge PCIGA for such taxes.7. Risk of Loss. Risk of loss of any goods provided under this Purchase Order shall pass to PCIGA upon PCIGA s actual receipt and acceptance. Seller assumes full responsibility for packing crating marking transporting and liability for loss or damage in transit notwithstanding any agreement in this Purchase Order by PCIGA to pay freight express or other transportation charges.Except as otherwise indicated on the face of this Purchase Order FOB Terms shall be FOB Destination Seller to Pay Shipping and Freight. If the face of this Purchase Order indicates that FOB is Origin Seller will insure shipment for its full value prepay freight and add to invoice.8.. Use of PCIGA or PBCI Name or Logo. Seller will not use the name logo or any other marks (including but not limited to colors and music) owned by or associated with PCIGA or PBCI without the prior written permission of PBCI s Legal Department.9. Terms of Payment. PCIGA will make payment within thirty (30) days receipt of an invoice for goods delivered or services rendered pursuant to this Purchase Order.10. Termination. PCIGA may terminate this Purchase Order in whole or in part for its sole convenience. Upon notice of such termination Seller shall immediately stop all work including shipment of goods under this Purchase Order and cause its suppliers and or subcontractors to cease their work for this Purchase Order. In no event shall Seller be paid for work performed or costs incurred after receipt of notice of termination or for costs incurred by suppliers or subcontractors which reasonably could have been avoided. PCIGA may terminate this Purchase Order in whole or in part for Cause if Seller fails to comply with any material term or condition of this Purchase Order. Late delivery of goods or services or delivery of goods or services that are defective or do not conform to this Purchase Order shall without limitation be causes for termination. Seller shall pay PCIGA for all losses damages and expenses 11. Independent Contractor. EACH PARTY SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OR AGENT OF THE OTHER.NEITHER PARTY MAY BIND THE OTHER IN ANY WAY EXCEPT AS EXPRESSLY SET FORTH HEREIN. EACH PARTY SHALL BE SOLELY RESPONSIBLE FOR ITS ACTS AND OMISSIONS.12. Non-Waiver. No waiver by any party of any default or nonperformance shall be deemed a waiver of any subsequent default or nonperformance.13. Limitation on PCIGA Liability. IN NO EVENT SHALL PCIGA BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL INCIDENTAL LOST PROFITS OR LIKE EXPECTANCY DAMAGES ARISING OUT OF THIS PURCHASE ORDER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH. PCIGA S TOTAL OBLIGATION UNDER THIS PURCHASE ORDER IS SET FORTH IN THE TOTAL AMOUNT FIELD ON THE FACE OF THIS PURCHASE ORDER.14. Changes. PCIGA may at any time by a written notice change the drawings designs specifications materials packaging and the time and place of delivery and or completion of the goods and services to be provided under this Purchase Order. Promptly upon receipt of the details of any such change Seller shall either advise that the change will not affect its costs or furnish (i) a breakdown of estimated cost and changes in the compensation attributable thereto and (ii) a statement of any necessary changes in the time of completion. Seller s failure to advise PCIGA in writing within ten (10) days of the effect of any change shall constitute Seller s consent to conform to the change without increase in the amount to be paid by PCIGA or the time of completion.15. Confidentiality. Seller will keep confidential and safeguard the security of any information it receives during the course of its performance relating to personal financial or other non-public data of PCIGA and will comply with all Tribal and federal laws relating to data privacy and security. Seller shall also require each of its subcontractors providing goods or services hereunder to maintain such data security.16. Insurance. At all times during its performance under this Purchase Order Seller shall obtain and keep in force comprehensive commercial general liability insurance including coverage for death bodily or personal injury property damage including products premises and operations advertising completed operations independent contractor liability assumed under an insured contract pollution liability (if requested by PCIGA) and automobile coverage with limits of not less than 2 000 000 each claim and 1 000 000 each occurrence. Such insurance will be primary non-contributory written on a claims-made basis and waive subrogation. In addition if Seller is professionally certified by an applicable state authority Seller will have professional liability insurance coverage. All certificates evidencing such insurance shall be provided to PCIGA upon request shall name PCIGA as an additional insured and shall provide for notification to PCIGA within at least thirty (30) days prior to expiration or cancellation of such insurance. Seller represents that it has worker s compensation insurance to the extent required by law and agrees to furnish proof of such insurance to PCIGA upon request.17. Indemnification. Seller agrees to release defend indemnify and hold harmless PCIGA and PBCI from all liability injuries claims damages or loss including costs expenses and attorneys fees arising from or relating to (i) Seller s negligent acts and omissions (ii) Seller s breach of any of its obligations under this Purchase Order and (iii) the presence of any Hazardous Substance supplied by or introduced onto PCIGA property by Seller knowingly or unknowingly.18. Indian Preferences If this Purchase Order results in employment or subcontract opportunities Seller agrees to give first preference to Native Americans and Native American Owned businesses in accordance with Tribal law and PCIGA policies.19. Most Favored Customer Provision. If Seller has negotiated terms or conditions for the sale of goods or services to another customer of Seller which PCIGA deems more favorable than those contained herein PCIGA may request and shall be afforded the opportunity to purchase those goods or services on the same terms and conditions as Seller has negotiated to provide a third party under reasonably similar circumstances.20. Cash Discount Period. The cash discount or other similar prompt payment discount period available to PCIGA by Seller shall commence on the later of (i) PCIGA s receipt of all goods and services under this Purchase Order or (2) PCIGA s receipt of Seller s invoice.21. Assurance. If at any time PCIGA in good faith determines that it is insecure with respect to Seller s ability or intent to fully perform then Seller will provide PCIGA with written assurance fully satisfactory to PCIGA of Seller s ability and intent to fully perform. Such assurance shall be provided within the time and in the manner specified by PCIGA. Seller immediately shall notify PCIGA of any circumstance that may cause Seller to fail to fully perform. Upon PCIGA s good faith determination that Seller cannot or will not perform then PCIGA may deem this contract to be breached by Seller and may re-procure from other sources.22. Bankruptcy. If Seller institutes or has instituted against it a case under the United States Bankruptcy Code within fourteen (14) days of receipt of a written request Seller its trustee or other successor shall furnish PCIGA adequate assurance of its ability to perform all material obligations of the Purchase Order. Seller shall petition to assume or reject this Purchase Order. Seller shall diligently prosecute said petition. If Seller fails to do so PCIGA shall be entitled to petition the court to reject this Purchase Order and shall be entitled to all remedies for breach including damages right to cure and right to cover.23. Survivability. All of the terms and conditions of this Purchase Order shall survive the delivery of goods the provision of services and the expiration or termination of this Purchase Order.24. Dispute Resolution.A. Mediation. Any dispute claim or controversy by or between PCIGA and Seller shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be filed in writing with the other party and with the American Arbitration Association. The parties shall share the mediator s fee and any filing fees equally. The mediation shall be held in Escambia County Alabama. If however the dispute cannot be resolved by mediation either party may bring an action in the Poarch Band of Creek Indians Tribal Court. For this purpose Seller specifically consents to jurisdiction on PBCI Reservation.B. Assets to Satisfy Enforcement Proceedings. No other assets of PBCI or any of its other instrumentalities authorities or other entities shall be available or subject to the satisfaction of any enforcement proceedings against PCIGA. Said damages shall not constitute a lien upon or be collectible from any other income or assets of any of PBCI or its entities or their respective officials agents employees or members.C. Choice of LawThis Purchase Order shall be construed under PBCI Tribal law (without regard for choice of law considerations) and the policies and procedures of the PCIGA as amended from time to time.25. Audit and Retention of Books and Records. PCIGA shall have the right to inspect and copy such books records and documents in any medium and all accounting procedures and practices of Seller its agents and subcontractors to verify Seller s performance including but not limited to Indian Preferences and all expenses submitted pursuant to the terms of this Purchase Order. Seller shall make such items available for inspection during normal business hours at Seller s place of business. All such items shall be retained by Seller during the term of this Purchase Order and for a period of three (3) years after the delivery of the goods and or services. Any items relating to a claim arising out of the performance of this Purchase Order shall be retained by Seller its agents and subcontractors if any until the claim has been resolved.