The URL can be used to link to this page

Home My WebLink About2016-05-23 16-216 RESOLVECOUNCIL ACTION Item No. 16-216 Date: May 23, 2016 Item/Subject: Resolve, Ratifying the Parks and Recreation Director's action to enter into a 3 -year agreement with Direct Fairways LLC to create and produce yardage books for the Golf Course. Responsible Department: Parks and Recreation Commentary: This resolve will ratify a 3 -year agreement with Direct Fairways LLC to produce yardage books for the Golf Course. These custom designed course guides list the par, yardage, and handicap for each hole as well as the course layout and photographs of the golf course. Direct Fairways produces and provides as many copies as needed throughout the season free of charge. There is not a limit to the number of copies to be supplied each season. In return, they sell advertising to local businesses. Direct Fairways will screen the content of the advertising to ensure it is appropriate for golf course advertising. Staff will also have final oversight and approval of the content of the guide books. Direct Fairways has also agreed to pay the City a one-time signing bonus of $200.00. The agreement is terminable on 60 days' notice. This was reviewed and recommended for approval at the meeting of the May 16, 2016 Government Operations Committee. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head Ra_54 a, (Axcr-� City Manager Page _ of _ Finance Director City Assigned to Councilor Perry CITY OF BANGOR 16-216 MAY 23, 2016 (TITLE.) Resolve, Ratifying the Parks and Recreation Director's Action to Enter into a 3 -year Agreement with Direct Fairways LLC to Create and Produce Yardage Books for the Golf Course. By the City Council of the City of Bangor. RESOLVED, THAT The Parks and Recreation Department may continue with a three year agreement with Direct Fairways LLC to produce at Golf Yardage Bask for the Golf Course. These books will be provided to the Golf Course free of charge in exchange fear selling advertising in each book. IN CITY COUNCIL MAY 23, 2016 PASSED CITY CL RK AGREEMENT TO SUPPLY COURSE GUIDES This Agreement is entered into as of the 2nd day of November, 2015 by and between Direct Fairways, LLC, a Delaware Limited Liability Company, ("Direct Fairways"), and Bangor Municipal Golf Course ("Golf Course"). RECITALS WHEREAS, Direct Fairways is in the business of selling advertising space to local businesses for placement on custom designed golf course guides. WHEREAS, Golf Course desires to enter into an agreement for Direct Fairways to provide it with its supply of course guides. NOW, THEREFORE, in consideration of the promises and covenants contained herein and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Course Guides. Direct Fairways agrees to provide, for the term of this agreement, course guides as needed to the Golf Course at no charge. 2. Term. Direct Fairways agrees to provide the course guides to Golf Course for the initial term of three (3) years, commencing upon shipment of the course guides to the Golf Course. This Agreement will automatically renew for an additional three (3) year period unless written notice of termination is given by either party no less than sixty (60) days prior to the expiration of the current term. x Direct Fairways signing bonus $ 250 per contract. (funds available upon delivery of course guides to Golf Course.) 3. Course Guide Design. In addition to advertisements by local businesses, the custom designed course guides will list the par, yardage, and handicap for each hole as well as the course layout and photographs of the Golf Course. In addition, the course guide will contain the Golf Course's contact information and its rules and regulations. Direct Fairways has the right, on an annual basis and in its sole discretion, to edit or replace existing advertisements with advertisements from different merchants. Direct Fairways also reserves the right to alter or amend the style of the course guides with the approval of Golf Course. Direct Fairways will also provide Golf Course with up to eight (8) free extra pages in the course guides to feature Golf Course amenities. Golf Course Information: Rounds of Golf (Annual): 33,000 Total Golf Course Yardage: 9,550 Total Number of Holes: 27 Golf Course Shipping Address: 278 Webster Avenue, Bangor, ME 04401 4. Placement. The parties agree that the course guides are for the exclusive use of Golf Course and will be located in the Golf Course golf shop and other locations including: Pro Shoff Golf Course agrees that its employees or agents will not interfere with Direct Fairways' ability to place the course guides at the Golf Course or to sell advertising space. Any questions concerning the course guide advertising should be directed to the pro shop at the following number: 207-941-0232 5. Restrictions. Direct Fairways screens its local merchant advertisers to ensure the content of the advertisements is not offensive to the public. Such merchants will be precluded from advertising in the course guides. In addition, Golf Course may desire to preclude any advertising by the following businesses: Golf Course lists the following additional restrictions: 6. Notice. Any Notice required under this Agreement shall be provided, by first-class mail as follows: If to Direct Fairways: Direct Fairways, LLC P. O. Box 25451 Tempe, Arizona 85285 If to Golf Course: Bangor Municipal Golf Course 278 Webster Ave. Bangor, ME 04401 7. Binding Effect; Entire Agreement. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties. This Agreement embodies the entire agreement between the parties and there are no other agreements or understandings. This Agreement supersedes any and all prior agreements and understandings, written or oral, formal or informal, with regard to the subject matter hereof and may only be modified or amended in writing. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. The parties hereto agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby shall be brought in the Maricopa County Superior Court sitting in Arizona, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of Arizona, and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 9. Attorneys' Fees. If either party institutes a lawsuit, action or proceeding seeking to enforce or interpret any provisions or rights of this Agreement, the unsuccessful party in such lawsuit, action or proceeding, as determined by the court, agrees to pay the successful party all attorneys' fees and expenses incurred by the successful party. 10. Severability. If any one or more of the provisions of this Agreement is held to be invalid or unenforceable, the provision will be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement will not be affected by any such invalidity or unenforceability. This Agreement is effective as of the date written above. DIRECT FAIRWAYS, LLC, a GOLF COURSE: Bangor Municipal Golf Course Delaware limited liability company .(7 ✓is By:By: Rob Jaw: (Nov 17, 2015) Its: director of ODerations_ Its: General Manager Phone: 207-941-0232 Please Attach Current Course Guide With Agreement Bangor Muni -Course Guide Contract Adobe Document Cloud Document November 17, 2015 History "Bangor Muni -Course Guide Contract" History Document uploaded by James Morris (fames.morris@directfairways.com) from Reader November 02, 2015 - 11:44:19 AM MST - IP address: 184.186.219.116 A Document emailed to Rob Jarvis (robjarvis@pga.com) for signature November 02, 2015 - 11:44:21 AM MST 9J Document viewed by Rob Jarvis (robjarvis@pga.com) November 02, 2015 - 11:56:54 AM MST - IP address: 216.220.250.53 sC Document e -signed by Rob Jarvis (robjarvis@pga.com) Signature Date: November 17, 2015 - 2:01:39 PM MST - Time Source: server - IP address: 66.252.57.254 d® Signed document emailed to Rob Jarvis (robjarvis@pga.com) and James Morris ( j a m es. m o rris @d i re ctfa i rways. co m) November 17, 2015 - 2:01:39 PM MST ,,L Adobe Document Cloud