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Home My WebLink AboutContract 33267 Email Marketing & Website Hosting cyberg"Olf Agreement CITY SECRETARY CONTRACT NO. Municipality Name: City of Fort Worth, Texas Address: 4200 South Freeway, Suite 2200 Billing Address: City, State, Zip: Fort Worth, TX 76115 Phone: 817-871-5717 Fax: 817-871-5724 Existing Web Site Domain Name (if applicable): www.fortworthgolf.org Main Contact: Nancy Bunton E-mail Address: nancy.buntonC&fortworthgov.org 2nd Contact: Jean Coleman E-mail Address: jean.coleman(d fortworthgov.org Cybergolf will do the following for the municipality named above: • Host the golf web site for the municipality named above on a secure platform or provide IP address for web site to the City of Fort Worth's IT department. • Back-up all data on a daily basis. Please note: Cybergolf performs data back ups hourly, daily,weekly and monthly • Includes up to 30 email boxes per domain name. Additional email boxes are $50 per year. • Web site hosting will include custom admin so municipality named above can update their content at any time. • All data feeds from web site will feed directly to the database of municipality named above. • Set up a custom email broadcast module,where the municipality named above will have access to their own broadcast system for their(5)golf courses,which will enable the municipality named above to broadcast open tee-times,golf coupons, golf-related specials,surveys,birthday notifications and custom newsletters at any time. • The broadcasts will reach golfers through and automated email system—designed to reach named municipality's own database of golfers through email and through the named municipality's own golf web site—if desired. • Cybergolf will host the broadcast module and the database for the municipality named above on a secure platform. The database for municipality named above will not be sold or shared.Database will have sorting capabilities by record type and location.Note: Cybergolf will only upload"opt-in"email addresses at no charge. The term"opt-in email addresses includes email addresses collected at Point of sale systems, by paper form or through website of municipality named above. • Technical phone support for this program is available during normal business hours Monday-Friday and 24/7 via email at no additional cost to municipality named above.All data will be username and password protected for the municipality named above and all data will be backed-up on a daily basis by the Cybergolf technical department. TERM This is an annual agreement for the municipality named above and the systems listed above may only be used for the municipality named above. The effective annual anniversary date for this program is April 1,2006. This agreement for the municipality named above is a one-year agreement from April 1,2006—March 31,2007. The City shall have the option to renew this agreement annually for two additional years upon 30 days written notice Cybergolf/City of Fort WorthF Email Marketing and Website Hosting Agreement CRY Page I of 3 CRY 6EC-1kRff prior to the expiration of the current term. In addition,the following clauses shall be in effect during the term of this agreement between Cybergolf and the municipality("City")named above: INDEPENDENT CONTRACTOR It is expressly understood and agreed that Cybergolf shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Cybergolf shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Cybergolf acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Cybergolf, its officers, agents, employees, servants, contractors and subcontractors. Cybergolf further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Cybergolf. LIABILITY AND INDEMNIFICATION CYBERGOLF SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS AND PROPERTY DAMAGE REGARDING USE OF ITS SYSTEMS WITH A LIMIT OF LIABILITY NOT TO EXCEED$4,800.00. CYBERGOLF COVENANTS AND AGREES TO,AND DOES HEREBY,INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY,ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO CYBERGOLF'S BUSINESS AND ANY RESULTING LOST PROFITS)ANDIOR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CYBERGOLF,ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. ASSIGNMENT AND SUBCONTRACTING Cybergolf shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of the City. If the City grants such consent,the assignee or subcontractor shall execute a written agreement with the City under which the assignee or subcontractor agrees to be bound by the duties and obligations of Cybergolf under this Agreement. TERMINATION The City may terminate this agreement for any of the following causes: a. If Cybergolf fails to maintain at least 99% uptime within any given month—unless there is an act of GOD. There will be a 24 hour cure period for the I'occurrence. 2°d occurrence is grounds for immediate termination. With transition determined by the City to ensure continuity and site integrity. b. Cybergolf must ensure that an offline backup is restored within 24 hours.No exceptions. c. Any exploitation of any published known security flaw occurring with the City's"Golf'website. d. Cybergolf must have response time for any operational function interruption within 24 hours. Cybergolf must fix the problem(s)within 48 hours.No exceptions. e. Any material or confidentiality breach of the City's proprietary information. Cybergolf/City of Fort Worth OPKilAl MR0 Email Marketing and Website Hosting Agreement Page 2 of 3 � � � f. Cybergolf fails to provide website tracking information,which includes search engine referrals. 24 business hour cure period. 3 occurrences is cause for immediate termination. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the state of Texas.Venue for any actions for claims made under this agreement shall lie exclusively in Tarrant County, Texas. COMPENSATION The municipality named above agrees to the following payment terms: Special Pricing is $125.00/month for one course plus $50.00/month for each additional City of Fort Worth golf course (5 courses total) = $325.00 month plus $75 per month for website hosting = total of$400 per month—billed quarterly in the months of April 2006,July 2006,October 2006 and January 2007. The above amounts include all fees for maintenance and upgrades. Please Note: (Payment is due NET 30 days for each of the quarterly billings after this agreement is signed by an authorized representative for the municipality named above.) Authorized Signature for Municipality Name Above: City of. Worth: Approved as to Form and Legality: Assistant City anager Assistant City ttorney Date: D Date: _CJ I Lr�c�Le Approval Reco mended: Attested By: <17, d I --'../ �-- irector/ p rtmen ad City Secretary City Secretary Date: J NO M&C REQUIRE Authorized Signature of Cybergolf: () r � ' �,; Title: (00 Date: 2�S 10 b Mail agreements to: Cybergolf, 110 W. Dayton, Suite 103,Edmonds,WA 98020 Sales & Technical Support: 1- (877) 640-7170; FAX agreements to: (425) 740-0138 Cybergolf/City of Fort Worth0FFICI � MID Email Marketing and Website Hosting Agreement q Page 3 of 3 �ICRT CSR FT. WORTH, TEX.