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R13-122 11 1 RESOLUTION NO. R13 -122 2 3 [ ' A RESOLUTION OF THE CITY COMMISSION OF THE 4 ; CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 I AND AUTHORIZING THE EXECUTION OF AN 6 AGREEMENT WITH GOLF PIPELINE, INC., TO 7 LICENSE A TEE TIME BOOKING SERVICE FOR THE 8 LINKS BOYNTON BEACH GOLF COURSE WHICH 9 WILL PROVIDE A REVENUE TO THE GOLF 10 COURSE; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, The Links at Boynton Beach Golf Course has unsold tee times that 13 registered golfers have not pre- booked; and 14 WHEREAS, Golf Pipeline, Inc., will sell the unsold tee times at the Golf Course's 15 rack rate (the cost of playing golf at a certain time of the day) that are not pre- booked; and 16 WHEREAS, Golf Pipeline, Inc., will receive 6% of the total sale from each golfer 17 they have pre- booked into one of the Links' empty tee time spots; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined 19 that it is in the best interests of the residents of the City to approve an Agreement with Golf 20 Pipeline, Inc., to sell unsold tee times that The Links' registered golfers have not pre- booked. 21 ! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby approve an Agreement with Golf Pipeline, Inc., to sell unsold tee times that The 28 Links' registered golfers have not pre - booked and authorize the City Manager to execute the \\Apps3 City Cbb\AutoAData\200 \Items \191\2793 \3526 \Reso -_Golf Pipelme(Tee_Times) Doc it 1 Agreement, a copy of which is attached hereto as Exhibit "A ". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this 5 day of November, 2013. 5i' 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 4 - 9 ;- T 10 ) .t%or — Je Taylor 11 12 13 4 14 - Mayor — Woodrow L. 15 16 17 18 Commis ioner — b . id T. Merker 19 20 1 %. lir 21 ` _ 22 Co missioner — Michael M. tzpatrick 23 l 24 25 ' t ' A.d._ 26 Co missioner — Joe Casello 27 ATTEST: 28 29 30 t, - • 31 GIt FYI 32 Oft M. Prainito, MMC, 33 C >,,, i Or y, 39 (4 • Seal) \\Apps3 City Cbb\AutoAData\200\Items \191\2793 \3526 \Reso_ -_Golf Pipeline(Tee Times) Doc R 63 - laa Golf Pipeline Company Agreement This Agreement (the "Agreement") is entered into on , (the "Effective Date°), by and between City of Boynton Beach (see course list below) (hereinafter referred to as the "Goff Course ") and Golf Pipeline, Inc. (hereinafter referred to as the "Golf Pipeline) 1. Contract. The Golf Course engages Golf Pipeline on the Effective Date as an independent contractor (and not as an agent, employee, partner, or joint venture) during the term specified to license a tee time booking service to the Golf Course upon the terms and conditions as set forth in this agreement. 2. Term. The term of this Agreement shall be effective as of the Effective Date and shall continue for one (1) year, upon such time when this automatically terminate unless the contract is renewed by mutual agreement between the Parties or terminated by either party according to Section 6 (Termination). 3. Duties. During the Term, Golf Pipeline will provide the Golf Course with golf reservations via the golfpipeline.com website booking module and other methods as determined by Golf Pipeline (e.g., smart phone mobile applications). Reservations will be made directly to the Golf Course tee sheet through commercially reputable tee sheet software companies. Golf Pipeline will adhere to cancellation policy as determined by the Golf Course and communicated to Golf Pipeline. 4. Tee Time Pricing. Due to the Golf Pipeline business model, all tee time pricing is set by the Golf Course. Golf Pipeline facilitates the booking of the tee time at the price and for the dateltime as established by and available for the Golf Course. Golf Pipeline does not have any restrictions on the price of the tee time. S. Comoensatlon. Goff Pipeline will be compensated on a fee-for- service basis. The Goff Course will be given payment teams of 30 days after date of invoice. As compensation for the services rendered under this Agreement, the Golf Course agrees to pay Golf Pipeline, as follows, based on the day and time of the tee time booked per golfer, corresponding with the rates as provided by the golf course. 1 Initials 1 OPTION 4 — NGCOA BEST PRACTICES COMPLIANT - FIXED (WEEKDAY -4 Peak Tee Times 6 % WEEKDAY 4 Non -Peak Tee Times 6 % WEEKEND -4 Peak Tee Times 6 % WEEKEND 4 Non -Peak Tee Times 6 % NOTE: For golf courses that choose Options 3 or 4, the participating course must comply 100% with NGCOA BEST PRACTICES which includes no use of 3'" party companies in which the arrangement with that company includes bartering. This also includes no use of deal -based companies (including Groupon and Living Social), no use of coupon books, or any other program where a lower rate is offered through that company, program, or e party, than exists directly with the golf course. Any golf course that chooses Options 3 or 4, but then chooses at a later date to use any non- compliant NGCOA programs, will have their rate automatically adjusted to Option 2 and will be notified of such adjustment. All fees will be paid under Option 3 or 4 (as chosen) up to the notification date. 6. Termination of Enoagamerrt This Agreement will terminate upon ten (10) days written notice by either the Golf Course or Golf Pipeline, or at the end of the term of the agreement. 7. Sales Channel AfINlates. Goff Course acknowledges that Golf Pipeline may offer, at its own discretion, its tee time inventory to other third party tee time distributors, booking engines, aggregators, wholesalers, or other companies that wish to book tee times on its behalf. The specific Affiliates will be decided by Golf Pipeline, however examples may include TeeOff.com, GolfHub.com, Travelocity.com, GolfTrips.com. The example does not indicate a current contract with Golf Pipeline — only the type of Affiliate defined here. 8. jkassoblE2gon, Golf Pipeline reserves the right to offer a Rewards Program to its members such that a Golf Pipeline member would be provided some benefit for booking tee times using Golf Pipeline technology. Also referred to as a "Loyalty Program Golf Pipeline will only offer a program of this nature to provide additional incentive to Golf Course customers of Golf Pipeline such that a loyalty reward would be used within the Golf Pipeline network and would supply additional business to Golf Course. S. Confldentiality and Ownership of Pnatristanr information. Golf Pipeline acknowledges and agrees that any information received from the Golf Course is owned by, proprietary to, and constitutes the trade secrets of the Golf Course. Golf Pipeline further agrees that it will treat the Information as strictly confidential and will never disclose the Information to anyone without the Golf Course's prior written permission. 10. Governing Law. The parties agree that this instrument is to be construed and interpreted in accordance with the laws of the state of Florida without regard to conflicts of laws. 11. Compliance with Florida's Public Records Act. In order to comply with Florida's public records laws, Goff Pipeline, Inc. shall: 2 Initials / (a) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services under the Agreement; (b) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost to the City, all public records in possession of Golf Pipeline, Inc. upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Failure by Golf Pipeline, Inc. to comply with the provisions set forth in this Section shall constitute a Default and Breach of this Agreement, for which, the City may terminate the Agreement with no future liability. City of Boynton Beach courses (please list): TNT L; tJL A-r 13Qv14-7a)., S k G . t, 3 Initials / As agreed to: "Golf Pipeline" "Golf Course" F Signs re D ' Signature f t ' '�u Lori LaVerriere, City Manager Title Title GOLF PIPELINE CONTACT INFO GOLF COURSE CONTACT INFO Golf Pipeline, inc. , Course: Ti 1-. A R oyjr rem A4-A 4 6 • C Contact: Contact O N k 1 APP ER Address: 14380 W Capitol Drive Address: 8c9-0 So 6 K 0 A Address 2: Suite 1 Address 2: City/ST/Zip: Brookfield, WI 53005 City /ST /Zip:.D OvN "To N t � E A (31 FL 1 3 34 7 2. P: 855 -465 -3301 Phone: Sry 1 — ( S D 0 E: saies©gotfpipeline.com Email: TAPPER. 12 g g F , US k at as Ft, US Customer Feedback (option!): G (t s ss i w 602 D is Q l3 Ft. , U 3 Occasionally, we receive feedback from our (optional) golfers about their experience at the golf course. Email: If you would like to receive that feedback directly, please provide the email address(es) of arose at Email: the golf course that would appreciate the receipt of that golfer feedback Email: Each person or email address will receive the Email: name and email of the golfer who has provided their feedback. Email - 4 Initials VVISIS NM WI • ram. . iV ,- .'. ter ...I MIN . VI ISBN The golf course identified below authorizes CompuTEE to distribute its Course ID and necessary information to the following Third Party Booking Affiliate. Doing so confirms that the golf course has a formal agreement with the Third Party Booking Affiliate to make tee time reservations to its database through CompuTEE. To Be Completed by the Third Party Affiliate Third Party Booking Affiliate: Golf Pipeline Third Party Contact: TJ Shuart (tj @golfpipeline.com L ..To be Completed by the Golf Course Golf Course Td Nks A7 R DY f,TcnN Q GAc.h Cs L Address 8 0 9-0 - R c Ro City, State, Postal Code .8 o'M 70 /-1 J3 cA c. h , FL, 33 q "7 )— Course Phone Number ..36 ) - 7 q } — 6,s 0 0 n Main Contact (please print name) ►C o ' PPeR Position 60 Lf [ovitSE ► IAMA )z 1 /7C &dLF Plc Fts. ioNAL Signature ,,(, Date 10 ) IS 113 When complete fax this authorization back to Golf Pipeline at 866- 382 -4825 or email a scanned copy of this form to sales @golfpipeline.com.