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HomeMy WebLinkAbout2012-102 Agrmt - Peak Software Systems Peak - 8yatiarna.Inc. Agreement for Services and Equipment Purchases This Agreement,when properly executed,becomes a binding contract between Peak Software Systems,Inc.(Peak)and Oak Knoll Golf Course,Ashland,OR (Client): Peak agrees to provide the services defined below to Client. Peak will maintain the confidentiality of Client's intellectual property. SportsMan SQL is the sole property of Peak. The software license for SportsMan SQL is valid upon signature of this agreement and payment of the annual or semi-annual SportsMan SQL Customer Care Fee. Services included in the Agreement are updates,technical support,help desk support,and database consultation.The Client agrees to remain current with renewal of the SportsMan SQL Customer Care Plan,while continuing use of the SportsMan SQL software. Peak will provide a mechanism to notify the Client of the SportsMan SQL Customer Care Plan renewal 30 days prior to expiration. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE,PEAK SOFTWARE SYSTEMS,INC.GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED,BY STATUTE OR'OTHERWISE,REGARDING THE SOFTWARE;OR THEIR FITNESS FOR ANY PURPOSE. IN NO EVENT SHALL PEAK SOFTWARE SYSTEMS,INC.BE LIABLE FOR ANY SPECIAL BREACH OF WARRANTY. ,CONSEQUENTIAL,OR OTHER DAMAGES FOR Product Group Item Description Price SportsMan SportsMan SQL Golf Module—Discounted Price Price SQL Software Tee Sheets,Pro Shop,POS,Online Tee Reservations,Cash Till Handling; Includes 5 seats and complete remote installation,setup,and training -Requires current SportsMan SQL Customer Care Plan -Includes complete remote implementation&training SportsMan SQL Fees reflect a 12-month Customer Care Plan renewal period Annual Fee* Customer Care Plan; includes Golf Module $2500.00 Software License Updates,Technical Support,Initial Phone Training OnGuard Backup Secure,240 offsite backup and recovery monitoring(optional)-$360.00/ N/A Onsite Training On-site installation,training,and implementation N/A (optional) Equipment/Supplies Unit Price (optional) SportsMan SQL Total software cost- $2995.00 Total Recurring Customer Care- $2500.00 •Included seats(concurrent users): Core-3,POS-2,Membership-2;additional seats$400/one-time&$100/year each Peak Software Systems Inc. Oak Knoll Go Course, Ashland, OR AP OVE TO FORM By: Debbie Nelsen gy; Si nature Title: VP of Sales Title: 1, w Date Date: 02/10/12 Name: " �rfJt-_� Date: �A*j (tt Prices current as of 01/01/12. Customer Care Plan price increases will not exceed 10%annually,of which customers will be notified in advance. Customer Satisfaction Guarantee:Peak Software guarantees customer satisfaction completely and will terminate this agreement if Peak staff/software is unable to meet customer needs. Purchase price to be refunded other than onsite training costs. Peak Software Systems, Inc. Voice:(801)572-3570 Email:sale�(<Doeakinto com 870 East 9400 South.Suite 201 Fax: (801)572=7834 Web: y Oea info 0 Sandy,UT 84094 CITY RECORDER Page 1 ) 1 Ashland Park Commission DATE :PONUMBER; ~ 20 E MAIN ST. 5/25/2012 00098 ASHLAND, OR 97520 (541)488-5300 VENDOR: 004002 SHIP TO: PEAK SOFTWARE SYSTEMS 45 W 9000 SOUTH SUITE 2 SANDY, UT 84070-2044 FOB Point: Req.No.: Terms: net Dept.: Req.Del. Date: Contact: Rachel Dials/Tom Cronin Special Inst: Confirming? No . ,. Quanti `.:,Unit Description Unit Price Fact. Price' SportsMan SQL Golf Module Software 2,995.00 Tee Sheets, Pro Shop, POS, Online Tee Reservations, Cash Till Handlinq: includes 5 seats and complete remote installation, setup, and training for Oak Knoll Golf Course. One time set up fee$2995.00 Annual Maintenance Fee- 12 Month 2,500.00 Customer Care Plan -$2,500 Per Year Per attached Agreement for Services and Equipment Purchases SUBTOTAL 5495.00 BILL TO: " TAX 0.00 FREIGHT 0.00 TOTAL 5,495.00 Account Number„ Project Number `, ''Amount Account Number Project Number Amount' E211 '12.04.00.60320 5 495.00 Authorrzed Signature VENDOR COPY FORM #3 CITY OF ASHLAND i—e et.t-tdi .:1 � 1 .�iJ:: Ei e •�. REQUISITION Date of request: Required date for delivery: Vendor Name Peak Software Systems Inc Address,City,State,Zip 45 W 9000 S#2 Sandy,Utah 84070 Contact Name&Telephone Number Debbie Nelson - Fax Number (8 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ AMC 2.50 Dale approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ Stale of Oregon ❑ Written quote or proposal attached Date approved by Council: Contract It ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100,000 ❑ Written quote or proposal attached Agency ® (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Written Findings(Form #9 attached) Intergovernmental Agreement $5.000 to$75,000 ❑ Written quote or proposal attached ❑ Agency ❑ Less than$35,000,by direct appointment Date approved by Council: Contract# ❑ (3)Written proposals attached Valid until: Date approved by Council: Description of SERVICES Total Cost Paint-Of-Sale/Inventory Control/Electronic Tee Sheet Software for Oak Knoll Golf Course Pro $2995(one-time set up) Shop. $2500 annual maintenance fee Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $5495(first year) $2500(each Project Number______•___ Account Number 211.12.04.00.603200 subse uentyear) `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. ,q IT Director in collaboration with department to approve all hardware and software purchases Z'1,1 k iG 5/3o/" IT Director DatTrt-Ye�/No B ing this requisiho too certify that the City's public contracting requirements have �en satisfied. Employee Signature: �lrl� I^/� —. Department Head Signature: (Equal to or greater than$5,000) Additional signatures(if applicable): Funds appropriated for current fiscal year YES / NO Finance Director-(Equal to orgreater then$5,000) Date Comments: G:FinanceTrocedurelAPTormsWorm#3-Requisition Updated on:5122!2012