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R15-044 1 RESOLUTION NO. R15 -044 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A LEASE AGREEMENT WITH GPS 5 TECHNOLOGIES, INC. FOR THE LEASE OF 85 IPAR 7 GOLF 6 CART MOUNTED GPS UNITS FOR A THREE YEAR PERIOD 7 WITH MONTHLY PAYMENTS OF $680.00 PLUS A ONE TIME 8 INSTALLATION AND COURSE MAPPING FEE OF $1,615.00; 9 AUTHORIZING THE CITY MANAGER TO SIGN A THREE 10 YEAR LEASE AGREEMENT WITH GPS TECHNOLOGIES, 11 INC.; AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach solicited quotations for the lease of 85 GPS 14 units for the Links at Boynton Beach Golf Course; and 15 WHEREAS, GPS Technologies, Inc. provided the lowest quotation for the 16 equipment; and 17 WHEREAS, upon recommendation of staff, the City Commission does hereby 18 approve the Lease Agreement with GPS Technologies, Inc. for the lease of 85 IPAR 7 Golf 19 Cart Mounted GPS units and authorizes the City Manager to sign a three (3) year Lease 20 Agreement between the City of Boynton Beach and GPS Technologies, Inc. for thirty six 21 (36) monthly payments of $680.00 plus a one -time installation and course mapping fee of 22 $1,615.00. 23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a part of this Resolution. 27 Section 2. The City Commission hereby approves the Lease Agreement with GPS 28 Technologies, Inc. for the lease of 85 IPAR 7 Golf Cart Mounted GPS units. 29 Section 3. The City Manager is hereby authorized and directed to sign a three (3) {00073490.1306- 9001821} 1 1 year Lease Agreement between the City of Boynton Beach and GPS Technologies, Inc. for 2 thirty six (36) monthly payments of $680.00 plus a one -time installation and course 3 mapping fee of $1,615.00, a copy of which is attached hereto as Exhibit "A ". 4 Section 4. This Resolution shall be effective i m m e d i at e l y upon passage. 5 PASSED AND ADOPTED this 5 day of May, 2015. 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 YES NO 11 12 Mayor — Jerry Taylor 13 14 Vice Mayor — Joe Casello 15 16 Commissioner — David T. Merker 17 18 Commissioner — Mack McCray 19 20 Commissioner — Michael M. Fitzpatrick 21 22 23 VOTE 5 -O 24 25 26 ATTEST: 27 28 29 t, 30 Jane . Prainito, MMC 31 • Clerk 32 GP I Y p er , 33 . 34 (I •. a .) 35 36 37 p Micaer {00073490.1306- 9001821} 2 iv- the, "teen - Nita' yatlaae 'maim IPar7 Non - Tracking LEASE AGREEMENT The agreement by and between GPS Technologies, Inc. of 4251 South 94 Street, Omaha, NE 68127 herein after referred to as "GPS" and The Links at Boynton Beach Golf Course of 8020 Jog Road, Boynton Beach, FL 33472 herein after referred to as "COURSE ". "GPS" to supply the IPar7 golf cart mounted yardage display without Club House Pro Shop Tracking herein after referred to as "UNITS" "GPS" agrees to lease to the "COURSE" 85 "UNITS" and will provide 2 "UNITS" as backups to be installed on the "COURSE" cart fleet. "GPS" will retain ownership and maintain "UNITS" based on conditions described in "REPAIR/REPLACEMENT" as outlined below. INSTALL /MAPPING FEE: "COURSE" agrees to pay the one -time installation and course mapping fee of $19.00 per cart. "COURSE" is to remit the first half of this payment, $807.50, to "GPS" upon execution of this Lease Agreement. "COURSE" is to remit the second half of this payment, $807.50, when delivery and installation of "UNITS" is complete. "GPS" is to provide invoices. "COURSE" will provide two personnel to assist in installation. "GPS" will be responsible for all shipping costs of all "87" units to "Course ". TERMS AND OVERVIEW: Beginning July 1, 2015 through June 30, 2018 (36 months), the "COURSE" will make monthly lease payments of $8.00 per cart which is $680.00 through a monthly purchase order. If any "COURSE" lease payments are 30 days in arrears, "GPS" has the option within 15 days after sending a written notice to "COURSE" to remove all "UNITS" covered under this lease agreement. "COURSE" is responsible for any and all expenses incurred by "GPS" for removal of "UNITS" and repair or replacement of non - operating "UNITS ". "GPS" has-the-Fight-to Ito shall not assign this agreement at any time to a third party financial interest under the same terms and conditions set forth in this agreement, except with the prior written consent of COURSE. COURSE agrees such consent shall not be unreasonably withheld. TERMINATION: This Agreement may be terminated by either party for cause, or for any material breach of this Agreement, and failure to cure such breach within thirty (30) days written notice of such breach. In the event that either party gives notice to the other that a party has defaulted or committed a material breach in the performance of its obligations under this Agreement and such default is not cured within thirty (30) days following the giving of such notice, the party giving such notice shall have the right to immediately terminate this Agreement. Upon the termination of this Agreement as hereinabove provided, neither party shall have any further obligation hereunder except for obligations accruing prior to the date of termination. In the event of termination, GPS shall, within sixty (60) days after the termination date, submit a final invoice for all services rendered prior to and through the date of termination. In the event this Agreement is terminated prior to the conclusion of the term, the compensation shall be adjusted accordingly and GPS shall be paid for the portion of the Lease performed through the effective date of termination. END OF LEASE TERM: At the end of the lease term, "COURSE" is to remove and return to "GPS" all units and tracking equipment in working order within 15 days at the end of the Lease Term. CART FLEET CHANGE: "COURSE" is to notify "GPS" 45 days prior to a change in cart fleet that would require moving "UNITS" from one set of carts to another. "COURSE" is to provide "GPS" with 2 Course personnel to do the re- wire and installation on the new cart fleet. INSTALLATION & ADDITIONAL CHARGES: "GPS" to provide Mapping and Installation training. "Course as a City is tax exempt and will not be assessed any local, state, or federal fees /taxes. "COURSE" is responsible for all shipment repairs and shipment returns back to the "COURSE ". REPAIR/REPLACEMENT: "GPS" will repair any normal malfunctions of the "UNITS" during the term of this agreement at 100% unless as outlined: All repairs are covered other than "GPS" does not make, express or imply any warranty for "UNITS" damaged due to excess water, rain, hail, golf ball damage, deliberate abuse, theft or "COURSE" created electrical issues. "COURSE" is responsible for replacement cost of "UNITS" at the current parts and service rates at that time. When repairs are necessary, "COURSE" is to contact "GPS" to relay nature of each problem and the serial number of each "UNIT ". "GPS" will provide an RA Number (Return Authorization #) to "COURSE" before return of any "UNITS" to "GPS ". Upon receipt and inspection of returned "UNITS ", if it is determined the "UNITS" do {00073564.1 306 - 9001821 not have covered warranty damages; "GPS" will contact "COURSE" and provide details of required work and cost. "COURSE" will need to provide "GPS" with authorization to repair along with a Purchase Order Number. "COURSE" is responsible for ALL shipping charges for ALL repair shipments and ALL returned shipments and will be invoiced for each. This agreement shall be governed by and subject to the laws of the State of Florida, irrespective of the place of execution or performance. The parties hereto consent and submit to the jurisdiction and venue of the Circuit Court of Palm Beach County, Florida for the adjudication of any dispute between the parties arising out of or relating to, or in connection with, this agreement or an alleged breach hereof, and further agree that any process of such court issued in connection with the adjudication of any dispute may be served upon any party hereto by certified or registered mail, at such party's address hereinabove set forth, and such service by mail shall be of the same force and effect as if such process had been personally served on such party in the State of Florida. SIGNATURES: By signing here, "COURSE" agrees to the terms contained in this Lease Agreement and also acknowledges receipt of a copy of this Lease Agreement. By Date GPS Technologies, Inc. By Date The Links at Boynton Beach Golf Course (00073564 1 306-9001821 ( EXHIBIT A REPAIR/DAMAGE REPLACEMENT & RE -WIRE FOR [Par7 UNITS "COURSE" is responsible for ALL shipping charges to ship any "UNITS" to and from "GPS" for repair. "GPS" uses United Parcel Service and will ship UPS - Ground all returns unless the "COURSE" requests to have repairs shipped Next Day Air or Two -Day Air. "COURSE" is to contact "GPS" at 402 -502 -9047 to report the number of "UNITS" in need of repair. "GPS" will give "COURSE" a Return Authorization Number to ship the "UNITS" back to "GPS" for repair or replacement. Any shipments sent in to "GPS" without a Return Authorization Number will be refused upon delivery. Shipping address to ship "UNITS" for repair is as follows: GPS Technologies, Inc. 4251 South 94 Street Omaha, NE 68127 REPAIR/REPLACEMENT: "GPS" will repair any normal malfunctions of the "UNITS" as outlined in Lease Agreement. When repairs are necessary, "COURSE" is to contact "GPS" to relay nature of each problem and the serial number of each "UNIT ". "GPS" will provide an RA Number (Return Authorization #) to "COURSE" before return of any "UNITS" to "GPS ". Upon receipt and inspection of returned "UNITS ", if it is determined the "UNITS" do not have covered warranty damage. "GPS" will contact "COURSE" and provide details of required work and cost. "COURSE" will need to provide "GPS" with authorization to repair along with a Purchase Order Number. All repairs are covered other than "GPS" does not make, express or imply any warranty for "UNITS" damaged due to water, rain, hail, lightning damage, golf ball damage, deliberate abuse, "COURSE" created electrical issues or theft. "COURSE" is responsible for replacement cost of "UNITS" including the 2 back up "UNITS" at the current price reflected on our website or verbal. The following is a list of potential parts and their cost to use as a guideline. "GPS" will contact "COURSE" for a Purchase Order Number before any repair work is done to cover the shipping charges, repair or replacement cost. [Par 7 UNIT PARTS PART DESCRIPTION COST Display /LCD $99.00 Processor Board $129.00 Case (front or back) $35.00 Modem Board $129.00 Case Bracket $15.00 WIRING SUPPLIES Power Cable $16.95 DC /DC Converters $16.95 Replacement screws, fuses, connectors, chasers, keypads, etc...please call for pricing. Pricing may change at discretion of "GPS" when needed due to rising inflation costs. {00073564.1306- 9001821 1 Tapper, Ronald From: Thomas P McCarthy <tom.mac @cox.net> Sent: Wednesday, April 08, 2015 3 :15 PM To: Tapper, Ronald Subject: Carttrac GPS information Attachments: CartTracOverview.pdf Ron, Thanks for your interest in the Carttrac GPS course management system. You can finance our units over a four or five year period and have the option to own at the end of the period. The cost to finance is $i.,300 per unit and there is also a $10 per cart per month tracking (cellular) fee, The $10 per cart monthly tracking fee is paid on a monthly invoice and is only paid for those months that you track. We can set up a four or five year financing program where you would have the option to buy the units at the end of the term. The estimated cost for a five year financing, with option to own, would he approximately $ 33 per cart per month. If you didn't track, it would be approximately $23 per month. Again, with your financing capabilities that cost could be a little lower. I would like to go over with you the pricing calculations once you have free time. Further, if you do a transaction with us the mapping, graphics and installation is included) Feel free to call me an my cell as well. Over a five year period we are about half of the cost of Visage. We have been chosen over Visage and DSG on all three municipal bids in which we were the three finalists. After the course has paid for the purchase price of the unit, the only ongoing charge is the $10 per month per cart tracking fee. The calculator page on our website allows you to plug in the numbers and various assumptions to calculate total or monthly cost. We can go over the calculator page when you call back. We provide a full five year warranty on our units! Our units are manufactured by Right Hand Technologies located 10 minutes from O'Hare Airport in Chicago. Over 80% of their work is done with aerospace defense contractors and they are highly specialized and obviously have to build a reliable product. We also believe we have the top software developers in the business. Other courses have told us that at times their wifi updates will be delayed for 20 minutes which doesn't help in tracking pace of play problems or cart ahead information. Since our system is completely web based, there are no repeaters or wifi and we have no down time. The system is updated every 15 seconds. The system has a lot of revenue generating capabilities. The advertising capabilities of the system allow courses to make significant revenue through third party advertising, sale of hole sponsorships at outings and also self promoting course amenities such as the pro shop and grille. In the live demo, we can show you specifically how to utilize the advertising capabilities to promote your courses, tournaments, etc. Our new CT 200 units shown at this year's PGA show in Orlando, include a high resolution screen and also provide items such as a distress signal and audio capabilities. Lastly, as we update our software we provide upgrades to customers free of charge. Most recently, was the geo fence capabilities that was put in place six months ago. We can display pop up warnings to golfers to stay out of areas or text messages can be sent directly to them. Please call me with any questions you may have. Tom McCarthy 1 Tapper, Ronald From: kevin evans <gpsgolfinc @gmail.com> Sent: Monday, April 06, 2015 8:57 PM To: Tapper, Ronald Cc: Rod Niswander Subject: Re: Contact From Website Ron, Thanks for your call this afternoon. I have a very good understanding of what you are trying to achieve and we have the perfect solution. We can provide our base 6.5 inch unit with WiFi and it will do everything you are looking for and more. The 6.5 unit will provide distances to front, center and back, as well as an automatic "Green View" that will provide distances to any number of green points to coincide with a pin sheet. It will also display distances to predefined auto points such as water, layups or other hazards. The display will provide the golfer with round time, hole number and handicap. Our units also have built in WiFi so if you chose, and I know you said it is not important, you can used the screen for sales, tournament advertising, or whatever you desire at no additional cost. We do not utilize cellular so you will not be subject to any 3rd party cost. Our standard 4 year commitment pricing is $2,200 per month. However, to establish a presence in your market, we would like to offer the same term at $1,500 per month. 11. b px 0. As I mention we have had our prior generation unit at Mirasol for 10 years. Our product is reliable and we have service reps in your area. Please let me know if you have any immediate questions. I look forward to speaking with you. Have a great night. Regards, Kevin 904 -614 -3980 On Mon, Apr 6, 2015 at 4:13 PM, <tapperr r@bbfl.us> wrote: Name: Ron Tapper Email: tapperrAbbfl.us Phone: 561 - 742 -6511 Number of Carts: 85 Comments: I am the golf course manager at The Links at Boynton Beach GC.I talked to Kevin Evans on the phone and he said he will follow up with a cost proposal per unit on each golf cart. We are a 27 hole municipal golf course. Thanks, i