R06-141
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1 RESOLUTION NO. R 06- ,,,,
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE EXECUTION OF A
6 SERVICE AGREEMENT WITH COMPUTEE
7 INTERNATIONAL, INC., TO PROVIDE AN
8 AUTOMATED TEE-TIME SYSTEM AT A MAXIMUM
9 COST OF $2,500.00 PER YEAR; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, upon recommendation of staff, the City Commission has determined
13 that it is in the best interests of the residents of the City to award to and execute a Service
14 Agreement with CompuTEE International, Inc., at a maximum cost of $2,500.00 per year to
15 provide an automated tee-time system.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption
20 hereof.
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby award and authorize execution of the Service Agreement with CompuTEE
23 International, Inc., at a maximum cost of $2,500.00 per year to provide an automated tee-time
24 system, a copy of which is attached hereto as Exhibit "A".
25
26
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\CompuTEE Golf Course Agmt.doc
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PASSED AND ADOPTED this ~ day of August, 2006.
ATTEST:
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S:\CA\RESO\Agreements\CompuTEE Golf Course Agmt.doc
CITY OF BOYNTON BEACH, FLORIDA
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ROle-14l
CompuTEE International Inc.
CUSTOMER: The Links at Boynton Beach
SERVICE AGREEMENT
CUSTOMER agrees to and hereby grants to CompuTEE International Inc. (hereinafter "CompuTEE") the
exclusive right to provide CUSTOMER with an automated tee time reservation service (SERVICE) with the
following provisions (AGREEMENT):
1. CompuTEE grants CUSTOMER 11I1 iDItiaI 30 (thirty) day trial period to evllluaU the SERVICE at no charge and
CUSTOMER may have the SERVICE temdnated at IIIIY time d........ the 30 day free evaluaUon period without penalty or cost.
After the 30 day "free" trial period CUSTOMER will be cbJuoged b1 accordance with the PRICING PLAN as described below.
2. CUSTOMER agrees to pay a 5t per penon, per reservation. transadion fee for all reservations, that appear on the da1ly
tee sheet, regardless of "show" or "no-show" status. The 5t per penon, per reservation. tl'llDSllCtion fee INCLUDES ALL
TRAINING, DELIVERY, SUPPORT, MAINTENANCE, SOFTWARE UPGRADES, AND SERVICE.
3. SYSTEM IS TO BE Pur-INTO-SERVICE AND BIUJNG WILL COMMENCE ON THE 30TH
DAY WITH THE FIRST INVOICE SUBMITTED ON THE 60 TH DAY REFLECTING
THE USAGE 30 DAYS PRIOR
4. TmS AGREEMENT CALLS FOR A MINIMUM ANNUAL BILLING CHARGE OF $1,500.00 PER YEAR AND ALSO
PROVIDES AN ANNUAL BILLING "TOP-STOP" OF $ 2.500.00 PER YEAR DURING EACH 365
DAY CYCLE, COMMENCING AT THE INSTALLATION DATE.
5. One thne In1tiaI Setup Fee $ 0
6. This AGREEMENT is a year-to-year agreement and shaU extend automatically for the period of one year on an armual basis unless
either party notifies is the other in miting of its intent to cancel the AGREEMENT at least 60 days prior to the automatic renewal,
CompuTEE.
CompuTEE will provide:
Obligations
of
7. CUSTOMER with a local telephone nnmber that CUSTOMER will disseminate to CUSTOMER's goUlng patrons so that
CUSTOMER's patrons CIIIlloca1ly dial CUSTOMER's tee t1me reservation system and book tee tfmes 24 hours a day.
8. primary centralized Internet servers and proprietary software necessary (TECHNOLOGY) to enable the reservation of tee times and
golf course management functions (the SERVICE) over the Internet including the ability for golfers to book tee times on touch-tone phone
phones 24 hours a day, except for brief periods of intenuption for systems servicing and maintenance.
9. telephone and Internet based teclmical support (SUPPORT) for one halfhour (non-accumulating) per month during nonnal business
hours and on and "as available" basis for all emergencies during other times. CompuTEE will charge $50.00 per hour for telephone
based technical support performed in excess of one half an hour per month and will bill in increments of 15 minutes.
10. training on an initial and ongoing basis adequate to ensure the proper functioning of the SERVICE by CUSTOMER personnel,
11. SUpport for SERVICE failure in and above standard teclmical support. In the event of failure of SERVICE, CompuTEE, or its
agent, shaU respond to the emergency by commencing remote remedial procedures no later than 4 (four) hours from that time
CUSTOMER infonns CompnTEE of the failure. CompnTEE, or its agents, shaU thereafter use its best efforts to restore the SERVICE
within 48 hours.
Obligations of customer.
Customer agrees to:
12. If CUSTOMER does not possess Internet aceess. CUSTOMER agrees to order or provide at its' own espense, DIlIIntab1.
and pay for, a 24 hour local ISP DSL IP Internet aecess wItIdn three (3) days of the execuUon of this agreement.
13. CUSTOMER shall provide their own Internet enabled computer and printer and be financially responsible for maintenance and
repair of the HARDWARE.
14. CUSTOMER will place, and pay for, service requests to local commercial hardware computer service repair companies for all
HARDWARE repair, maintenance, and replacement of hardware required to restore SERVICE. It is agreed and understood that hardware
purchased or provided by CUSTOMER shall remain the property of CUSTOMER.
15. provide a safe and reasonable location for placement of the TECHNOLOGY and maintain envirOlUllel1tal conditions suitable for
continued operation of the TECHNOLOGY including adequate electrical power circuits with isolated grounding. CUSTOMER's
premises for purposes of providing service and pay for all supplies after initial installation of the system, such as paper, printer cartridges,
etc.,
\
16. designate one tenured employee to be the SYSTEM ADMINISTRATOR, or "key operator," who will be knowledgeable in all
aspects of the SERVICE and who will be the primary contact for teclmica1 interaction and 1raining with CompuTEE,
17. develop and be prepared to use an Alternative Tee Time management system in case of SERVICE failure.
18. pay all invoices upon receipt. CUSTOMER is responsible for any applicable sales, tangible, or other taxes.
Ownership and liability provisions:
19. This AGREEMENT does not constitute a rental agreement, CompuTEE owns all licenses to software and equipment, and
customer shall protect the copyright of the licenses with due care.
20. CUSTOMER shaU not hold CompuTEE liable for SERVICE failure with respect to acts of God, abnonna1 weather, problems
dependent upon the service of vital vendors such as Internet ISPs, telephone and electric utilities or any other reason.
Internet Advertising Provisions
21. If the CUSTOMER elects to participate in the CompuTEE advertising program, CUSTOMER will be entitled to one ha1f(112) the
net advertising revenues after expenses and setup costs. CUSTOMER agrees that the CUSTOMER's portion of the advertising revenues
will be used to offiet the nonna! billing costs associated with the use of the SERVICE.
Provisions:
Other
22. VariOllS items: all notices, requests, or changes regarding this AGREEMENT shall be in miting, and either hand delivered to or sent
by traceable delivery service to the other party. The failure to enforce any right, reservation, restriction or condition contained herein, no
matter the elapsed time, shaU not be deemed a waiver of the right to do so thereafter. This agreement is binding upon the successors to the
parties. If any civil action of rises from this AGREEMENT, both parties agree that the venue will be in Palm Beach County, Florida,
23. Each party agrees to indemnifY the other offinancialloss for a breach of this agreement.
24. The COMMENCEMENT DATE is the date that the CUSTOMER begins taking actual reservations, after the initial 30 free trial
period, with the SERVICE, whether via the tonch-tone phone (IVR) or Internet.
25. This agreement sets forth all ofCompuTEE's obligations with regard to the SERVICE and any and TECHNOLOGY furnished by
CompuTEE, and this agreement contains the entire understanding of the parties and replaces any written or oral representations, whether
expressed or implied.
KURT BRESSNER
CITY MANAGER
EACH, Fl
BY CUSTOMER.
BY CompuTEE:
Robert Rodenbera. President
DATE: Monday, July 31,2006