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Committee forwards TPC management deal for Harding Park after prolonged debate over maintenance and arbitration clause

San Francisco County Board of Supervisors Budget and Finance Committee · September 15, 2010
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Summary

The Budget & Finance Committee forwarded a proposed management agreement with Tournament Players Club (TPC) for Harding Park to the full Board after staff presented projected savings and the budget analyst raised concerns about an arbitration/termination clause tied to maintenance budget reductions; public comment included both supporters and opponents.

The Budget & Finance Committee voted to forward to the full Board a resolution authorizing the Recreation and Park Department to enter a management agreement with Tournament Players Club (TPC) of California to operate clubhouse and golf operations at Harding Park and Fleming courses while retaining course maintenance with city staff.

RPD officials said they selected TPC after a competitive process and described the contract as a 9-year, 3-month agreement coterminous with the PGA master tournament agreement. Nick Kinsey, assistant director of property and concessions, told supervisors the TPC would receive no annual management fee but could earn incentive payments equal to 25% of net operating revenues above budgeted amounts; RPD estimates the agreement could save roughly $2.3 million compared with the prior Kemper contract over 9.25 years and produce multi-year annual savings.

Budget analyst Mr. Rose flagged a new arbitration and termination provision that is not in the prior master or Kemper agreements. Under the provision, if the annual course maintenance budget falls below 85% of the prior year or drops by 15% or more and TPC "reasonably determines" the city cannot meet master tournament maintenance standards, TPC may initiate arbitration and could terminate the agreement without arbitration in the deeper-cut scenario. Mr. Rose described the provision as unnecessary and cautioned the city could be constrained if it becomes more efficient. RPD and PGA representatives said the clause protects long-term maintenance standards and provides a dispute-resolution path; PGA officials said the provision was a negotiated protection intended to preserve a world-class course.

Public comment split the room. Labor representatives and several public-golf advocates (Laborers Local 261, the Public Golf Alliance, and local groundskeepers) supported the deal, emphasizing preservation of city maintenance jobs and benefits to local youth programs. David Pillsbury of PGA Tour Golf Course Properties said the PGA intends to reinvest incentive fees into course capital and First Tee youth programming. Opponents raised transparency and legal concerns: Nancy Werfel and others argued attachments were missing, the contract could weaken golf fund protections, and Richard Romano questioned the corporate structure and ongoing general-fund subsidies.

After extended discussion about standards, arbitration language and the golf fund, the committee moved the item forward without objection.

Next steps: the committee forwarded the resolution with recommended amendments and observations from the budget analyst for full Board consideration.