Professional Documents
Culture Documents
V.
Defendants
1. I am president and treasurer of the plaintiff, Johnson Golf Management, Inc. I have more
than thirty five years experience in the golf industry. Since 1988 I have been operating
Johnson Golf Management, Inc., a golf management company which manages and
maintains golf courses, both public and private. Since 1988 I have been involved in
submitting more than seventy five proposals to municipalities concerning their municipally
owned golf courses. On January 8, 2009 my company submitted a Proposal to the Town
2. Before filing the present Motion For Injunctive Relief in this matter, my attorney
reviewed the public records of the Town of Duxbury pertaining to the Request For
Proposals for operation and maintenance of the North Hill Country Club Golf Course. The
RFP provided that all proposals were due on or before January 9, 2009.
3. On Thursday January 15, 2009, I was informed that the Town of Duxbury had elected to
award the contract for the North Hill Golf Course to CALM Golf, Inc.
4. On Friday January 16, 2009 and Tuesday, January 20, 2009, my attorney, Stephen R.
Follansbee went to the Town Manager’s Office at the Duxbury Town Hall to review the
public records pertaining to the RFP process. He spoke to the Town Manager who
5. The Town Manager, Mr. Richard Mac Donald also provided my attorney with a copy of
the “Award of the Contract” dated January 15, 2009. [Copy attached hereto marked
Exhibit “A”]
6. On information and belief, having reviewed the evaluations, the proposals and the award
letter, my attorney marked certain documents and submitted a written request for copies.
7. On information and belief, in its proposal, signed under the pains and penalties of perjury
by Mr. Charles Lanzetta, CALM Golf states the following in its proposal: “CALM Golf
has entered into and been awarded many previous and present contracts throughout its six
years in existence.” The Proposal further states that CALM Golf has a present contract at
the Rockland Golf Course which provides revenue of XXX per year. For a “contact
reference” at Rockland, CALM Golf names Mr. Charlie Lanzetta 781-878-5836 Ext. 13.
8. According to the Award letter, the evaluators and the Chief Procurement Officer
mistakenly concluded that CALM Golf was currently operating the Rockland Golf Course
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and that it had done so for the past five years.
9. Calm Golf does not now, nor has it ever, operated the Rockland Golf Course.
10. Mr. Charles Lanzetta, an individual identified as a secretary and director of Calm Golf, is
also an officer of a Massachusetts business corporation known as C.P. & L., Inc. [Copies
of Annual Reports of CALM and C. P.& L. are attached hereto marked Exhibits “B”
and “C”]
11. The Rockland Golf Course is a private, 18 hole, par 3 course located in Rockland,
Massachusetts. C.P.& L. does lease nine holes of the Rockland Golf Course from the
owner of the Rockland Golf Course, The Trust For Public Land, 33 Union Street, Boston,
12. C.P. & L. is in bankruptcy, having filed its second voluntary petition for bankruptcy on
13. Mr. Richard MacDonald, the chief procurement officer in Duxbury, in his Award Letter
14. In order to achieve a rating of Highly Advantageous in the area of Relevant Experience,
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the RFP required that the proposer be currently managing at least two municipal golf
course operations.
15. In order to achieve a rating of Advantageous in the area of Relevant Experience, the RFP
required that the proposer be currently managing at least one golf course and it must have
16. CALM Golf, having never managed any golf course for an entire season should have
Capability, the RFP required that the Director of Golf/General Manager have at least three
years managing a municipal golf course operation. It further requires the on site
18. CALM Golf and its proposed personnel have at most several months experience managing
a municipal golf course. On information and belief, the superintendent proposed by CALM
Golf is Mr. Ryan Anderson. Mr. Anderson does not have the requisite three years
resume supplied to the Town of Duxbury by CALM Golf, Mr. Anderson has a total of
Most recently, Mr. Anderson has been employed as an assistant superintendent at the
Harmon Golf Learning Center in Rockland, Massachusetts. Giving CALM Golf’s proposal
the benefit of every doubt, the absolute highest score it could achieve in the category of
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19. In order to achieve a rating of Highly Advantageous in the area of Maintenance
Equipment/Staff, the RFP required that the proposer demonstrate for three years or more
the RFP required that the proposer demonstrate for three years or more “a proven ability
21. CALM Golf, having never managed even one golf course for a full year should have
22. In order to achieve a rating of Highly Advantageous in the area of Financial Information,
the RFP required that the proposer submit financial statements which were independently
23. CALM Golf submitted unaudited “compiled” financial statements showing no income for
the past three years and no assets of any significance. On information and belief, CALM’s
accounting firm specifically stated that it did not perform an audit and that the disclosures
required by management were omitted in the materials provided to the accounting firm.
24. On information and belief, in the financial information provided by CALM Golf in its
25. The draft contract for the North Hill Golf Course, which was included in the Town of
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12 A. Default by Bankruptcy
“It shall be a default under this Agreement if Manager:
a) Shall be declared bankrupt or insolvent according to the law, or if any
assignment shall be made for the benefit of creditors.” 1
26. In view of the analysis provided in the Award Letter of Mr. MacDonald, it is clear that
C.P. & L. Inc., the company which actually does manage nine holes at the Rockland Golf
Course would not have been favorably looked upon as a proposer in the North Hill RFP
Process.
The above statements are made under the pains and penalties of perjury except for those items
based upon information and belief and as to those items, I believe them to be true..
_______________________________
Douglas W. Johnson
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Article 12 A Default by Bankruptcy, page 19 RFP