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HomeMy WebLinkAbout99-281 Resolution No. 99-281 RESOLUTION AUTHORIZING EXECUTION OF A RESERVATIONS LICENSE AGREEMENT WITH FORE! RESERVATIONS, INC. FOR THE PURCHASE OF A SOFTWARE SYSTEM FOR RESERVATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Reservations License Agreement on behalf of the City of Elgin with FORE! Reservations, Inc. for a software system for reservations, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 3 , 1999 Adopted: November 3 , 1999 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk . FORE! Reservations LICENSE� AGREEMENT 6 This License Agreement is entered into this Ti-Fday of /110 V /?1999,between FORE! Reservations, Inc.,an Illinois corporation("FORE!"),and City of Elgin,an Illinois Municipal Corporation,("Licensee"). WHEREAS,Licensee is the owner and/or operator of Wing Park Golf Course and the Spartan Meadows Golf Course,(collectively referred to as"Course"); WHEREAS, FORE!is the developer and owner of a customer database and reservations software system for use by golf courses(the"Software");and WHEREAS,Licensee wishes to obtain a non-exclusive license to use the Software in Licensee's operation of the Golf Course and FORE!wishes to license the Software to Licensee on the terms and conditions set forth herein; NOW,THEREFORE,in consideration of the promises contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Grant of License. FORE!grants to Licensee a non-exclusive,non-transferable,limited license to use the Software. The Software is owned by FORE!and is being licensed,not sold to Licensee. 2. Copyright. The Software is protected by United States copyright laws and international treaty provisions. Therefore,Licensee may not copy the Software,except that Licensee may(a)copy the Software solely for backup or archival purposes or(b)copy the software to the computer systems identified on Schedule A. 3. Transfer and Use Restrictions. Licensee may use the Software solely for the purpose of managing the Golf Course. Licensee may not sell,license,lend,or otherwise transfer the Software to others. Neither Licensee nor any consultant retained by Licensee may reverse engineer,decompile,disassemble,or customize the Software including but not limited to,any software interface to automate the sale of tee times with Software through the Internet or any Intranet site. 4. Duration and Termination. The initial term of this License Agreement shall be one year from the date of this License Agreement. This License Agreement shall be automatically renewed for successive one year terms unless the Licensee or FORE!shall give the other party written notice of nonrenewal at least 30 days prior to the expiration of the initial license term or any renewal term. FORE!may terminate this License Agreement at any time if Licensee fails to comply with the terms of this License Agreement. Upon termination of this License Agreement,(i)Licensee shall return the Software and all copies to FORE!and(ii)Licensee shall sign a statement certifying that it has deleted the Software from the hard drive of all computers to which it was copied and that it has returned the Software and all copies to FORE!. 5. Fee. The fee for the initial term of this License Agreement shall be$850.00,payable upon the execution of this License Agreement. The license fee for each renewal term shall be determined by FORE!. The license fee for any renewal term shall not exceed the license fee for the prior term by more than the percentage increase in the Consumer Price Index for All Urban Consumers(CPI-U),as announced by the Bureau of Labor Statistics,for the most recent twelve month period. 6. Limited Warranty. FORE!warrants that the Software will perform substantially in accordance with the accompanying printed materials attached to and incorporated into this License Agreement as Schedule B and shall be free from defects in material or workmanship under normal use or service for a period during the initial lease term only of 90 days from the .a date of the License Agreement. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty,so the above restrictions may not apply to Licensee. 7. Licensee Remedies. FORE!'s entire liability and Licensee's exclusive remedy shall be,at FORE!'s option,either(i)repair or replacement of the Software that does not meet FORE!'s Limited Warranty and that is returned to FORE!, or(ii)refund of a prorated portion of the license fee provided that the Software is returned to FORE!. This Limited Warranty is void if failure of the Software resulted from accident,abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. 8. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,FORE!disclaims all other warranties,either express or implied,including but not limited to implied warranties of merchantability and fitness for a particular purpose,with respect to the Software and the accompanying written materials. This limited warranty gives you specific rights. You may have other rights,which vary from state to state. 9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law,in no event shall FORE!be liable for any damages whatsoever(including,without limitation,damages for loss of business profits,business interruption,loss of business information,or other pecuniary loss)arising out of the use or inability to use the Software,even if FORE! has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages,the above limitation may not apply to you. 10. Updates. FORE!will provide Licensee,at no additional cost,any updates,error corrections, modifications,or enhancements(collectively"Updates")for the Software,when such Updates are developed by FORE!and generally made available to other Licensees of the Software at no additional cost. Any other Updates developed by FORE!will be offered to Licensee at the same fee offered to other Licensees. Determination of whether an Update will be made available at no additional fee or will be made available only for an additional fee is the sole and exclusive right of FORE! 11. Support Services. FORE!shall provide Licensee telephone access to FORE!personnel during normal business hours to help Licensee in answering routine questions with respect to the Software. 12. Entire Agreement. This License Agreement shall constitute the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements,written or oral,relating thereto. Except as otherwise provided herein, FORE!may amend the terms and conditions of this License Agreement by giving Licensee at least 60 days prior written notice thereof and giving Licensee the option to terminate this License Agreement within 30 days of receipt of such notice. 13. Notices. All notices referred to herein shall be sufficient if delivered by: (i)personal delivery;(ii)facsimile with confirmation;or(iii)certified mail,return receipt requested to the respective parties at the addresses set forth above their signatures to this Agreement,or such other addresses as they shall from time to time fumish to each other by written notice. 14. Governing Law. This License Agreement shall be governed by and construed in accordance with the substantive laws of the State of Illinois. 2 15. Severability. In the event that any provision of this License Agreement shall be invalid or unenforceable,such invalidity or unenforceability shall not invalidate or render unenforceable any other provision hereof. 16. Counterparts. This License Agreement may be executed in one or more counterparts,each of which shall be an original,but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,each of the parties has caused this License Agreement to be executed as of the date first written above. FORE!RESERVATIONS,INC. City of Elgin 5019 Grand Avenue Western Springs,IL 60558 By: 2. By. Har R.Ipema President SCHEDULE A TO LICENSE AGREEMENT MANUFACTURER MODEL DESCRIPTION SERIAL NUMBER 3 Schedule A To License Agreement Manufacturer Model Description Serial Number DTK APRI-80M Personal Computer 99101440 DTK APRI-80M Personal Computer 99101437 DTK APRI-80M Personal Computer 99101441 DTK APRI-80M Personal Computer 99101450 4 ,. i 1t l 1i1 41 • 0l t . Purchasing Module Accounts Receivable Module The purchasing module allows you to manage all aspects of the With this module you can charge daily transactions to a specific purchasing process.The system collects and reports: account.You can collect all charges for a specific Golf Outing and • sequential purchase order numbers automatically immediately print a statement at the end of the day.Allow members • all outstanding purchase orders by vendor and items to charge to an account and print a weekly or monthly statement • an audit trail for all purchase order changes automatically.You can also use this module to create invoices for • prints hard copy purchase orders monthly charges such as dues,membership fees,etc. Receiving Module - Cash Register Module . The receiving module works closely with the purchase order This module is integrated to the tee sheet. Simply select the name of module to simplify the receipt of merchandise on a daily basis. If the person on the tee sheet and ring up their greens fees. Ring up you place a purchase order,simply call up the vendor and purchase merchandise,cart fees and other items by using Windows point and order number to receive the items on the purchase order.Other click technology. features of this module: Inventory Module • allows you to change your prices as your merchandise is received A complete I. .'entory system that tracks and manages your pro - • automatically prints pricing labels based on items shop merchandise. Simplifies the month and year end inventory received or items on hand process.Sets reorder points to eliminate out of stock items. • reports daily items received ?yyp_Admin on Fore!Reservations gig x ltifitit4iiriAiaiffigeatie,:':z,-.,:7-,,,,,t,- -,,:;-';',-,':',7 ,."-e.. .:-;."e,', .',,-....°-.7:- .:. 't ailtit5,',' -':-- .''..-i!,:,:`,,,r;i':;4,-.1:',;,..:. .. -,,.--' --,"-:::-%.%t'- t Fore!Sell p© ..r Payment 13 ,. icl`Yv yN- Bww�rne ,Kbk- 'SYL ;Mi+ �kYx+Wv'NL•JVk, ' i` �ds '.-1-';','':'-?' _ -m•.--.-.,.. 393.08 11 DUe Qty.r� ' t DI.scriptiob y .a :VIZOR T1 T2 Unit Price Pricer ... '2:= , 2 Monday-Thursday 18 Hole Fee 0 �� $0.00 F; Cii h y y t TI 555.00 !110.00 - 2 Cart Fee 0 1-t $14.00 528.00—a 393.08 0*i-a Did,�, 1 Ashworth Hat 20 1W1 1-1 $19.00 $15.20 r; $0.00 ` 'M ; 1 FJ Weather Soft%Soft Joy Glove 0 JTl 17 $133.75 $13.75 ,r 50.00 E{Ffi Si►it - 4 Titleist Professional Ball 10 Jai 1-t $12.50 $45.00 a . ^ J'J fl $210.00 - $210.p0 s;` $0.00 +t : ' SSrakeE siA/edres _ 1-- V escir- iarr>.t .= :,,,,,; ,; a ! �: _.;,: tem Number[`*. �;t rice Inventory•s l '0 0 � YPDtrtta •• Snake Eyes Wedges 1000335 5210.00 1 —,• $0.011 WeTiiii.Viii Soft Spikes System 1000156 $9.50 0 '; YM. Inent:J $393.08 Sonni Ladies Hat 1000096 $32.65 2 I "�+ r•. ..er r, tll- r •_tt 'ie.`04-.'.r.� Spalding Top Flite Magna Ballt- 1000142 $8.001 16 '-tiktfr ,.-.._ ,T$0'00 Spalding Top Flite Spin Distance Balls 1000143 $8.75 9 v Care •5424-1 801-1076-4088 A ++ ry ••'N�re, ',iLL:iL' rpt - 12/99,1 1� oral Q1&,1",,e-ti:;'. w �$ K ,sr� $3:166:9513f4: x` � 11,.._ .fz . a.6,W . ..4� -s • - axt:� ; ,rr�� n, �.. J FZ0 tar. a J�eP+ J r �JL�� 1 �E 1 s $0.00' �� li e � a uK�"r.I 1 r �F z r,. T $393.08 , t 1 >idy(' ,-+ ,aasfilgt '�� ,.7', Ota) MasterCard is a registered trademark of MasterCard International,Inc. i // ''''.-2:-s-f"-:--12-:. it . A . r n• . 'ESERVATION INC. 5019 Grand Avenue`1' Western Springs, IL 60558 703.246.0804/FAX 708.246.0755 Gaff Course Management&Marketing Software • www.TeeltUp.com`_' hipema@aol.com r tnir Datab ase Building a relationship with your ;Modify Customer PS{Q Q current customer is critical to the x Y - 3 aw .q L . � 'success of your operation.With itfer,* FORE. Reservations software,you y, lizeil.,,., . can create a database of customer . Customer Info a :, ='•ookrng::'Ale Hound i�1L kancellations oShows}x,. information that defines the 1'Las Ndme• lpema Ghin-A0005177 profile of your target market.This t ,-72:;,:. .., � = i, ; t information can be used to Fir;t are Harry Title= Mr. r---,14,1,--..,-- M 1. implement a successful market,:tg i44:.1 � =Address: 18 Hole In One Drive "5 1 program to increase play by `� t C t States J' � .. Y:Western Springs I IL ;� .P•60558- USA current customers,and also to , -y.,. �, f, Home`Phone 708) 679-1111 .tobile (630) 246-5555 ype• Daily • - tib cross-sell additional products and 1` .„.' services. pWork hone:(847) 555-2345 Ext( ) �Fa(630) 333-1245 Birth:10/7/44 1,iq CardP f 5424-1801-1076-4088 - -:Exp 12/99 arne : .t '"L;4 , By simply entering the customer's J .. ar " ; name, address and phone number, •s Note S,�1,.•3+r ; ` „ ,, '.? ;. i £' „t ,, .4,„4.4,,::.®safe Female you will begin to appreciate thewr_'i'2-05-1997:Mr. Ipema has been notified of our No Show Policy. He has 'A. agreed to pay all fees in full on the next No Show. " < z many benefits of this user-friendly system.The Customer Database No Show.History ®Q E{ :'r;r., �•: rat#'. ,,,,t' ...,.., ',,,,'[-,..4 yfi,.;x;,..;,,r:._-•,.,..,�,�_drt..„... "#a'a aW.,73:=', ,,,..".rr,;-�a':. @b..Y'5,....yal,,,,, -x.- ..,1 stem collects: S : r y Tee Time Course lily � No Show Date Reserved : . • number of reservations, M1 1111/97 747:00 AM ;e.GCC - North 1 1 tt 11/1197 5:12:41tPt cancellations and no ' ' 11/1/97 7:42:00 AM LG CC - North 2. 2 11/1.'97 11:25:43 shows • immediate access to detailed customer history - wr t• - _ — w , l►1 • credit card information and individual customer t • � W:. fi ` '} ` r` ,- K � � , notes ,,:r.,''..,-:P it "Y!'1h'f,r"' C'..!..„`+ 7,,;;7' 6jr z3 a ,�•�. !. 't • t:' �.','47,c, , a. y . • complete detail of every reservation and any MasterCard is a registered trademark of MasterCard International,Inc. changes made By merging the customer database infofma ion with any standard Microsoft Product(Word,Publisher and Excel),you will be able to create a direct marketing piece quickly and distribute it to your target market cost effectively. •1I // 0 s:.--1:::::::-.4; . 1 • 0 0 . ibi1i, i��,g�I.(1����/1�`�+� 5019 Grand Avenue = Western Springs, IL 60558 708.246.0804/FAX 708.246.0755 Golf Course Management&Marketing Software www.Teel tUp.com,Y, hipema@aol.com • • • '• ; t ,. Re __..,,„,-: t itionSystem i.. The reservation system handles golf reservations;schedules • wait list to manage last minute cancellations during professional golf lessons;and can even schedule court times for ' prime times tennis.The features include: • reservations for an ,nlimited number of players • multiple courses and unlimited ca.;2ndar • one entry for a permanent tee time per season • reservation and customer specific notes To simplify the reservation process,customers are identified by the • ability to accept reservations through the Intemet/ last four digits of their phone number. World Wide Web ...;iAdmin�o'n FForreell Reserrv,�atioo..ns-7Schedule) REI© ' rte.?irv4.'K`rrn- itt: ' . 1�' ,:.i .::-'f J 't' Y } ZFTiotai ix >a � „-z7 ftPadlt tB edof31 w:, ' --":-.).-•,"..14.4s r • Monday December 22,1997 LGCC-Northr xix Ent 1-st'; iii- Zed ustowet mwomv 3rd.G '-ist -. - m - . 07:00 Abraham,Ron Abraham,Ron Consago.Steve Coneago,Steve 07:08 MalinRobed Malin,Robert� Mn.Robert_ 07:17 Ipema,Hau_�--_ Ipema,Harr Ipema,Harry Ipema_Harry -, 07:26 07:34 Babba, _Steve - Babierz,,Steve Babiarz,Steve 07:42 Sonni�Phi Sonni.Phil 07:51 Burnett,Kirk Burnett,Kirk Burnett,Kirk Burnett,Kirk • -- 08:00 Demory,Cht.+:k�_ m Daon,,Chuck _ Deer ry,Chuck — 08:08 Grobefny,Ed -�Gtobelny,Ed Grobebry,Ed Grobelny,Ed 08:16 Jones,Mice Jones,Mike Middleton,Mike Middleton,Mke� OA:25 World,Dave • World,Dave World,Dave 08:34 Cowman°,Anthony Cosmaw,Anthony , 08:42 Hamilton.John • Hamilton,John Hamilton,John 08:50 Valdez.Rena • --Valdez,Rene Valdez,Rene Valdez,Rene 911;51 Krueger.Wedding Party. --_,Kvr.eger,Wedding Party_-_-. Krueoer.Wed'ng P.vty —`_Krueger,Wed rent'Party ..' r ; tart:9:00:41 AM • 12-20-1997:Each guest of Mr-Krueger should receive a sleeve of Titleist golf balls,golf glove and a voucher for a sandwich and drink. Mr.Krueger needs to call his brother immediatelyl 12-22-1997: Set ° a closest to the pin on Hole 8 7 and Lon est drive contest on*12 09:50 Abraham.Ron� Abraham,Ron --Abraham.Ron ' Abraham,Ron 09:58 Bakale_Pete Bakala,Pete Bakala,Pete 10:07 Rabat,James --Mahal.James Naha!James Nahal,James •• 10:16 Galassirw,Greg —Gdassira,Greg —_ Galassxw,Greg _ _ 10:24 Labrack,Ralph__— Labrack,Ralph 10:32 McKay,Mike _ McKay,Mike McKay.Mike _ McKay,Mike 10:41 Radin,Robert Radin,Robert Radin,Robert 10:50 Coy,Kala Coy,Karla Coy,Karla Coy,Karla 10:58 Burnett,Kirk Burnett,Kirk Garcia,Dudley Garcia.Dudley 11:06 Helen,John — Helen,John — Helen,John Helen.John i-. 11:15 Baasch_Tyler --__. Baasch,Tyler Baasch,Tyler —__ ,`.;'I ----- ---- ------- -- --- — 11:24 Hager,Jeff_ Hager,Jeff Hager,Jeff Hager,Jeff 21 7.,. i iryi'S;'- s .:do. a . ,,,, r 1i '"ft ae"a.: AM -- 7roi:':' // ..'',"----:.::. 1 II • 0 • �INC 5019 Grand Avenue°r' Western Springs, IL 60558 . "ESERVATION 708.246.0804/FAX 708.246.0755 Golf Course Management&Marketing Software www.TeeltUp.com 2 hipema@aol.com • . • Nii '••••, \\ ' for C� In addition to the many marketing features available If you've been looking for a way to enhance profitability and reward in the Customer Database module, FORE! your loyal customers, look no further than FORE!Reservations new Reservations is providing two additional marketing "Yardage Plus" module. programs... Frequent customers can be rewarded with"yards"each time they Track Pro Shop Credits play golf;purchase clothing or equipment;authorize a club repair; or take professional instruction.You can determine the types of If you've been looking for an easy way to keep track of creel. earned by club members or tournament winners,this new feature incentives offered in your shop.Your customers may apply"Yardage from FORE! Reservations will keep track of these records easily and Plus"dollars to merchandise., lessons or club repairs,or anything automatically. that will help you supplement your overall marketing program. Reports can be generated at anytime to keep your shop personnel Easy to Join —Easy to Use informed.More important,written reminders can be generated as Your customers become"Yardage Plus" members just by making a needed to let your members or customers know what they have tee time or paying for a greens fee.You determine the value of your available inpro shop credit.Th,se reminders will go a long way in Yardage Plus"dollars.Statermnts can be-issued throughout the helping you promote special offers or seasonal sales and close-outs. season and sent to all members as needed. Integrating this module into your overall marketing program will position your shop its Reward Your Frequent Golfers your frequent golfer's"first choice"for equipment,clothing, with "Yardage Plus" instruction and more. While everyone is familiar with the many frequent flyer programs offered by the airline industry,frequency marketing,or giving a discount or a bonus to loyal customers, has been around since the introduction of"trading stamps" in the 1940s. // :.-'1-22:21,--" • . . 0 . "ESERVAT/4NS' INC. 5019 Grand Avenue Western Springs, IL 6055P 708.246.0804/FAX 708.246.0755 . . Golf Course Management&Marketing Software www.Teel tUp.corn t= hipemeP • . • &fel°efle Balmoral Woods Golf Club,Crete, IL Glendale Lakes Golf Course, River Bend Golf Course,Lisle,IL David Mortell 708.672.7448 Glendale Heights, IL Terry Reinke 630.968.1920 Mark Miller 630.260.0018 Brickyard Crossing Golf Club, Rock Hollow Golf Club,Peru, IN Indianapolis, IN Governors Run,Carlyle, IL Michelle\Vinterrowd 765.473.6100 Jeff Schroeder 317.484.6572 Steve Hanks 618.594.4585 Salem Glen Golf CU),High Point,NC Carolina Club,Margate,FL Klein Creek Golf Course,Winfield, IL \Michael Amos 910.712.1010 Steve O'Hara 954.753.40(0 Penni Godden 630.690.0101 Smock Municipal Golf Course, Chaska Town Course,Chaska,MN Lake of The Woods Golf Course,Mahomet, IL Indianapolis, IN Daeid Cahill 612.4!3.3748 Dave Hube,... 217.5"62183 Jan 1e'strom....- 317.888.0G Cherokee Run Golf Club,Atlanta, GA Marengo Ridge Golf Club,Marengo, IL South Toledo Golf Club,Toledo,OH John McNair 770.785.7904 Matt Godden. S 15.923.23.32 Greg Pish 419.385.4678 Coffee Creek Golf Club,Edmond,OK Mystic Creek Golf Club,Milford,MI Springbrook Golf Course,Naperville, IL Andy McCoimick 405.340.4653 Jim Dewling 248.684.3333 Ed Provow 630.420.4215 Emerson Golf Club,Emerson,NJ Prairie L:uiding Golf Club,,West Chicago, IL StoneWater Golf Club, Cleveland, OH Don Stenberg 201.261.1100 Renie Caukin 630.208.7600 Rob Karnes 216461.4653 Fox Bend Golf Club, Oswego, IL Renwood Country Club, Round Lake, IL TPC at Heron Bay,Coral Springs,FL Leon McNair 630.554.3939 Diane Miller 847.5468242 Steve Munch 954.340.9160 7 t 4':;).,_,), i r / • v 4 0 . �`, .� �J,`I C�1 n���l f��� 5019 Grand Avenue'_' Western Springs, It u05S 708.246.0804/FAX 708.246.075 Golf Course Management&Marketing Software www.Teel!Up.com,3' hipem,!' - : ..p. • List 1, FORE!Reservations Inc. is proud Point of Sale Software Leasing Training: to offer the golfing industry "State (Purchasing,Receiving, On Site-$500.00 per day of the art"products reasonably Accounts Receivable, Cash All Expenses Reimbursed Register, Inventory Modules, priced for now and:;Z the future. Pro Shop Credits and Awards Reservation Software Leasing Program): (Customer Database,Marketing 9 Hole Facility $ 350.00 per year Tool and Reservation System): 18 Hole Facility $ 500.00 per year 9 Hole Facility $350.00 per year 27 Hole Facility $ 650.00 per year. 18 Hole Facility $500.00 per year 36 Hole Facility $800.00 per year 27 Hole Facility $ 650.00 per year 45 Hole Facility $950.00 per year 36 Hole Facility $800.00 per year Telephone Support and Annual Update 45 Hole Facility $950.00 per year :1clud.:d in the above prices. p .-1-',::::-..--. / • ' ' 0 II - T, � �, /.' Il(']►� i ri1 5019 Grand Avenue=' Western Springs, IL 60558 108.246.0804/FAX 708.246.0755 Golf Course Management&Marketing Sofhvare www.TeeItUp.com _' hipema@aol.com ,cyOFEt.C' Agenda Item No. City of Elgin g 1111. VAIR)1C�`- October 19, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Golf Management Software Lease PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a contract with Fore ! Reservations, Inc . to license golf management software for Spartan Meadows and Wing Park Golf Courses. BACKGROUND The 1999 Budget includes $15, 000 for hardware and software related to the Point-of-Sale system for Spartan Meadows and Wing Park Golf Courses . The new system will provide tee time reservation services, daily reporting, inventory control and management reporting. The City Golf Courses have used a stand-alone Casio register system for many years. The current checks and balances in our accounting report structure require the manual transfer of data from the register to a daily report form and then data entry into the City' s HTE system to generate usable management reports. The new system will eliminate the manual reporting structure and will allow up-to-the-minute information on rounds of golf as well as tee time reservations, with a marketing capacity to enhance communication with our patrons . Demonstrations from four different vendors were considered, giving priority to customer service standards, ease of use, program flexibility, reporting needs and customer support . All proposals identified hardware estimates . Hardware will be purchased by our MIS Department so that appropriate pricing discounts are taken. Four vendors were evaluated: JG Inc. , Link Source, Fox Valley Business System and Fore ! Reservations, Inc. Fore ! Reservations, Inc. has the most complete system, with experience in the golf industry from the above-mentioned criteria as well as offering the lowest responsive bid. Fox Valley Business Systems and JG were disqualified for not having a golf-specific software program. Linksource provided a golf specific program, however, the software is antiquated and is cost prohibitive. The Fore! Reservations software program will annually cost $1, 000 for Spartan Meadows and $700 for Wing Park Golf Course, for a total annual expenditure of $1, 700 . rGolf Management Software E October 19, 1999 Page 2 In addition, three receipt printers and cash drawers will be purchased from Fore! Reservations at a cost of $1, 500 ($500 each for Spartan Proshop, Wing Proshop, and Spartan Concessions) which are specifically designed to work with the Fore ! Reservations software program. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT Sufficient funds are budgeted and available within the Golf Division budget, account number 540-5801-775 . 91-46, to cover the annual software license agreement expense ($1, 700) , the printers and cash drawers ($1, 500) and the four computers ($4, 820) , for a total expenditure of $8, 020 . OW LEGAL IMPACT None . ALTERNATIVES None . RECOMMENDATION It is recommended that the City Council enter into a license agreement with Fore ! Reservations for golf management software at the annual license cost of $1, 700 and purchase the associated hardware at a cost of $1, 500 . Respectfully submitted, Joyce A. Parker City Manager r • FORE!Sell LICENSE AGREEMENT This License Agreement is entered into this day of , 1999 between FORE! Reservations,Inc.,an Illinois corporation("FORE!'),and City of Elgin,an Illinois Municipal Corporation,("Licensee'). WHEREAS,Licensee is the owner and/or operator of Wing Park Golf Course and the Spartan Meadows Golf Course,(collectively referred to as"Golf Course'); WHEREAS,FORE!is the distributor of a customer database and point of sale software system for use by golf courses(the"Software");and WHEREAS,Licensee wishes to obtain a non-exclusive license to use the Software in Licensee's operation of the Golf Course and FORE!wishes to license the Software to Licensee on the terms and conditions set forth herein; NOW,THEREFORE,in consideration of the promises contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Grant of License. FORE!grants to Licensee a non-exclusive,non-transferable,limited license to use the Software. The Software is owned by FORE!and is being licensed,not sold to Licensee. 2. Copyright. The Software is protected by United States copyright laws and international treaty provisions. Therefore,Licensee may not copy the Software,except that Licensee may(a)copy the Software solely for backup or archival purposes or(b)copy the software to the computer systems identified on Schedule A. 3. Transfer and Use Restrictions. Licensee may use the Software solely for the purpose of managing the Golf Course. Licensee may not sell,license,lend,or otherwise transfer the Software to others. Neither Licensee nor any consultant retained by Licensee may reverse engineer,decompile,disassemble,or customize the Software. 4. Duration and Termination. The initial term of this License Agreement shall be one year from the date of this License Agreement. This License Agreement shall be automatically renewed for successive one year terms unless the Licensee or FORE!shall give the other party written notice of nonrenewal at least 30 days prior to the expiration of the initial license term or any renewal term. FORE!may terminate this License Agreement at any time if Licensee fails to comply with the terms of this License Agreement. Upon termination of this License Agreement,(i)Licensee shall return the Software and all copies to FORE!and(ii)Licensee shall sign a statement certifying that it has deleted the Software from the hard drive of all computers to which it was copied and that it has returned the Software and all copies to FORE!. 5. Fee. The fee for the initial term of this License Agreement shall be$850.00,payable upon the execution of this License Agreement. The license fee for each renewal term shall be determined by FORE!. The license fee for any renewal term shall not exceed the license fee for the prior term by more than the percentage increase in the Consumer Price Index for All Urban Consumers(CPI-U),as announced by the Bureau of Labor Statistics,for the most recent twelve month period. 6. Limited Warranty. FORE!warrants that the Software will perform substantially in accordance with the accompanying printed materials attached to and incorporated into this License Agreement as Schedule B and shall be free from defects in material or workmanship under normal use or service for a period during the initial lease term only of 90 days from the r date of the License Agreement. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty,so the above restrictions may not apply to Licensee. 7. Licensee Remedies. FOREI's entire liability and Licensee's exclusive remedy shall be,at FOREI's option, either(i)repair or replacement of the Software that does not meet FOREI's Limited Warranty and that is returned to FORE!,or (ii)refund of a prorated portion of the license fee provided that the Software is returned to FORE!. This Limited Warranty is void if failure of the Software resulted from accident,abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. 8. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,FORE!disclaims all other warranties,either express or implied,including but not limited to implied warranties of merchantability and fitness for a particular purpose,with respect to the Software and the accompanying written materials. This limited warranty gives you specific rights. You may have other rights,which vary from state to state. 9. NO LIABIUTY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law,in no event shall FORE!be liable for any damages whatsoever(including,without limitation,damages for loss of business profits,business interruption,loss of business information,or other pecuniary loss)arising out of the use or inability to use the Software,even if FORE!has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages,the above limitation may not apply to you. 10. Updates. FORE!will provide Licensee,at no additional cost,any updates,error corrections, modifications,or enhancements(collectively'Updates')for the Software,when such Updates are developed by FORE!and generally made available to other Licensees of the Software at no additional cost. Any other Updates developed by FORE!will be offered to Licensee at the same fee offered to other Licensees. Determination of whether an Update will be made available at no additional fee or will be made available only for an additional fee is the sole and exclusive right of FORE! 11. Support Services. FORE!shall provide Licensee telephone access to FORE!personnel during normal business hours to help Licensee in answering routine questions with respect to the Software. 12. Entire Agreement. This License Agreement shall constitute the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements,written or oral,relating thereto. Except as otherwise provided herein,FORE!may amend the terms and conditions of this License Agreement by giving Licensee at least 60 days prior written notice thereof and giving Licensee the option to terminate this License Agreement within 30 days of receipt of such notice. 13. Notices. All notices referred to herein shall be sufficient if delivered by: (i)personal delivery;(ii)facsimile with confirmation;or(iii)certified mail,return receipt requested to the respective parties at the addresses set forth above their signatures to this Agreement,or such other addresses as they shall from time to time furnish to each other by written notice. 14. Governing Law. This License Agreement shall be governed by and construed in accordance with the substantive laws of the State of Illinois. 2 • • 15. Severability. In the event that any provision of this License Agreement shall be invalid or unenforceable,such invalidity or unenforceability shall not invalidate or render unenforceable any other provision hereof. 16. Counterparts. This License Agreement may be executed in one or more counterparts,each of which shall be an original,but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,each of the parties has caused this License Agreement to be executed as of the date first written above. FORE!RESERVATIONS,INC. City of Elgin 5019 Grand Avenue Western Springs,IL 60558 By: By: Harry R.ipema President • 3 SCHEDULE A TO LICENSE AGREEMENT MANUFACTURER MODEL DESCRIPTION SERIAL NUMBER • r 4 SCHEDULE B TO LICENSE AGREEMENT • r 5 FOREI Reservations LICENSE AGREEMENT This License Agreement is entered into this day of , 1999,between FORE! Reservations,Inc.,an Illinois corporation("FORE!'),and City of Elgin,an Illinois Municipal Corporation,("Licensee"). WHEREAS,Licensee is the owner and/or operator of Wing Park Golf Course and the Spartan Meadows Golf Course,(collectively referred to as'Course"); WHEREAS,FORE!is the developer and owner of a customer database and reservations software system for use by golf courses(the"Software");and WHEREAS,Licensee wishes to obtain a non-exclusive license to use the Software in Licensee's operation of the Golf Course and FORE!wishes to license the Software to Licensee on the terms and conditions set forth herein; NOW,THEREFORE,in consideration of the promises contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Grant of License. FORE!grants to Licensee a non-exclusive,non-transferable,limited license to use the Software. The Software is owned by FORE!and is being licensed,not sold to Licensee. 2. Copyright The Software is protected by United States copyright laws and international treaty provisions. Therefore,Licensee may not copy the Software,except that Licensee may(a)copy the Software solely for backup or archival purposes or(b)copy the software to the computer systems identified on Schedule A. 3. Transfer and Use Restrictions. Licensee may use the Software solely for the purpose of managing the Golf Course. Licensee may not sell,license,lend,or otherwise transfer the Software to others. Neither Licensee nor any consultant retained by Licensee may reverse engineer,decompile,disassemble,or customize the Software including but not limited to,any software interface to automate the sale of tee times with Software through the Internet or any Intranet site. 4. Duration and Termination. The initial term of this License Agreement shall be one year from the date of this License Agreement This License Agreement shall be automatically renewed for successive one year terms unless the Licensee or FORE!shall give the other party written notice of nonrenewal at least 30 days prior to the expiration of the initial license term or any renewal term. FOREI may terminate this License Agreement at any time if Licensee fails to comply with the terms of this License Agreement. Upon termination of this License Agreement,(0 Licensee shall retum the Software and all copies to FORE!and(ii)Licensee shall sign a statement certifying that it has deleted the Software from the hard drive of all computers to which it was copied and that it has returned the Software and all copies to FORE!. 5. Fee. The fee for the initial term of this License Agreement shall be$850.00,payable upon the execution of this License Agreement. The license fee for each renewal term shall be determined by FORE!. The license fee for any renewal term shall not exceed the license fee for the prior term by more than the percentage increase in the Consumer Price Index for All Urban Consumers(CPI-U),as announced by the Bureau of Labor Statistics,for the most recent twelve month period. 6. Limited Warranty. FORE!warrants that the Software will perform substantially in accordance with the accompanying printed materials attached to and incorporated into this License Agreement as Schedule B and shall be free from defects in material or workmanship under normal use or service for a period during the initial lease term only of 90 days from the date of the License Agreement Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty,so the above restrictions may not apply to Licensee. 7. Licensee Remedies. FOREI's entire liability and Licensee's exclusive remedy shall be,at FORE!'s option,either(i)repair or replacement of the Software that does not meet FOREI's Limited Warranty and that is returned to FORE!, or(ii)refund of a prorated portion of the license fee provided that the Software is returned to FORE!. This Limited Warranty is void if failure of the Software resulted from accident,abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. 8. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,FORE!disclaims all other warranties,either express or implied,Including but not limited to implied warranties of merchantability and fitness for a particular purpose,with respect to the Software and the accompanying written materials. This limited warranty gives you specific rights. You may have other rights,which vary from state to state. 9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law,in no event shall FORE!be liable for any damages whatsoever(including,without limitation,damages for loss of business profits,business interruption,loss of business information,or other pecuniary loss)arising out of the use or inability to use the Software,even if FOREI has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages,the above limitation may not apply to you. 10. Updates. FORE!will provide Licensee,at no additional cost,any updates,error corrections, modifications,or enhancements(collectively"Updates")for the Software,when such Updates are developed by FORE!and generally made available to other Licensees of the Software at no additional cost. Any other Updates developed by FORE!will be offered to Licensee at the same fee offered to other Licensees. Determination of whether an Update will be made available at no additional fee or will be made available only for an additional fee is the sole and exclusive right of FORE! 11. Support Services. FORE!shall provide Licensee telephone access to FORE!personnel during normal business hours to help Licensee in answering routine questions with respect to the Software. 12. Entire Agreement. This License Agreement shall constitute the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements,written or oral,relating thereto. Except as otherwise provided herein,FORE!may amend the terms and conditions of this License Agreement by giving Licensee at least 60 days prior written notice thereof and giving Licensee the option to terminate this License Agreement within 30 days of receipt of such notice. 13. Notices. All notices referred to herein shall be sufficient if delivered by: (i)personal delivery;(ii)facsimile with confirmation;or(iii)certified mail,return receipt requested to the respective parties at the addresses set forth above their signatures to this Agreement,or such other addresses as they shall from time to time furnish to each other by written notice. 14. Governing Law. This License Agreement shall be governed by and construed in accordance with the substantive laws of the State of Illinois. 15. Severability. In the event that any provision of this License Agreement shall be invalid or unenforceable,such invalidity or unenforceability shall not invalidate or render unenforceable any other provision hereof. 2 16. Counterparts. This License Agreement may be executed in one or more counterparts,each of which shall be an original,but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,each of the parties has caused this License Agreement to be executed as of the date first written above. FORE!RESERVATIONS,INC. City of Elgin 5019 Grand Avenue Western Springs,IL 60558 By: By: Harry R.Ipema President SCHEDULE A TO LICENSE AGREEMENT MANUFACTURER MODEL DESCRIPTION SERIAL NUMBER • r 3