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HomeMy WebLinkAbout2022-02-07-J01D_02 Golf Course Payment Processing AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 7, 2022 AGENDA ITEM:Consideration of approval of a resolution approving foreUP Payments Services & Stripe Connect Services [Sugar Creek Municipal Golf Course] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Sugar Creek Municipal Golf Course approved a services agreement at the December 20, 2021 Council meeting with foreUP and Golf Compete, INC. The amendment to the original agreement includes two secondary services agreements for the payment processing portion of the system for the clubhouse. Stripe Connect Services will be the payment processing option until foreUP Payments Services can be fully implemented. Once foreUp Payments Services is available the agreement with Stripe Connect Services will terminate and transition to full usage of foreUP Payments Services. The length of the Stripe Connect Services is anticipated to be a maximum of 3 months. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Agreement. ATTACHMENTS: I. foreUP Payments Services Agreement II. Stripe Connect Services Agreement PREPARED BY:Josh VandeKamp, Assistant Parks & Recreation Director REVIEWED BY: Matt Jermier, Parks & Recreation Director J1D2 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING FOREUP PAYMENTS SERVICES & STRIPE CONNECT SERVICES [SUGAR CREEK MUNICIPAL GOLF COURSE] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, on December 20, 2021, the Waukee City Council approved a License Agreement with foreUp/Golf Compete, Inc., to assist with financial reporting, lower rate credit card processing and on-line tee time reservations for Sugar Creek Municipal Golf Course (Resolution #2021-514); AND, WHEREAS, a proposed amendment to the original agreement includes two secondary services agreements for the payment processing portion of the system for the clubhouse, with Stripe Connect Services as the payment processing option until foreUP Payments Services can be fully implemented. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the foreUP Payments Services & Stripe Connect Services [Sugar Creek Municipal Golf Course] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 7th day of February, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1064 S North Country BLVD, Ste. 260 Pleasant Grove, UT 84062 (800) 675-0422 Contact@foreUP.com |foreUP.com Addendum to Sugar Creek Golf Course (IA) License Agreement This is an Addendum to that certain Sugar Creek Golf Course (IA) License Agreement (the “License Agreement”) between Golf Compete, Inc., a Delaware corporation doing business as foreUP (“Licensor”) and the undersigned Licensee (“you”). The following terms are hereby incorporated as part of the License Agreement. Stripe Connect Services Licensor offers Stripe Connect as an optional component of the Services (the “Stripe Connect Services”) to enable you to process certain financial transactions, including but not limited to the following: • Processing credit card payments (including tips) using our software platform to allow customers to: • pay invoices or make POS payments • pay Food and Beverage tabs • pay for Tee Time reservation(s), including in the event of a no-show • Issuing refunds • Storing customer credit card information to facilitate future transactions • Allowing customers to add and modify their stored credit card information online • Allow golfers to purchase gift cards, reservations, and other goods or services online • Allowing you to view and export a list of your credit card transactions By signing below, you authorize us to conduct the foregoing services on your behalf. Account To use the Stripe Connect Services, you must have an account with Stripe, Inc. (a “Stripe Account”), which you can create directly through the foreUP platform. Your Stripe Account is subject to the Stripe Connected Account Agreement and Global Privacy Policy (collectively, the “Stripe Policies”). By using the Stripe Connect Services, you acknowledge that (a) your Stripe Account is a relationship with Stripe, Inc., not foreUP (b) Stripe, Inc., and not foreUP, will provide the Stripe Connect Services (c) you have read and agree to be bound by the Stripe Policies. 1064 S North Country BLVD, Ste. 260 Pleasant Grove, UT 84062 (800) 675-0422 Contact@foreUP.com |foreUP.com Fees For each transaction processed using the Stripe Connect Services, you agree to pay: 1. Per "card present" transaction: (a) a fee equal to % of the total transaction (b) a flat fee of cents 2. Per "card not present" transaction: (a) a fee equal to % of the total transaction (b) a flat fee of cents each of which will be deducted at the time of transaction. Stripe services dictate that transactions where neither cardholder nor card are present (online payments, recurring payments, manually entered payments), as well as all card-present transactions processed through Stripe terminals that are activated to receive tips, will be processed as card-not-present transactions. You will also be responsible for the purchase of necessary Stripe credit card devices - 1 device will be free/provided to you. We do not directly charge you any additional fees for use of the Stripe Connect Services. However, you will be responsible for all third-party fees arising out of your use of the Stripe Connect Services, including but not limited to chargeback fees. We will include all such fees that are charged to you on your monthly invoice. 2.75 30 30 2.75 1064 S North Country BLVD, Ste. 260 Pleasant Grove, UT 84062 (800) 675-0422 Contact@foreUP.com |foreUP.com Termination The transaction fees are valid for one year from the date this agreement is signed. If your agreement with foreUP ends, Stripe Connect Services will terminate automatically upon termination of the License Agreement. In addition, you may terminate the Stripe Connect Services at any time by providing written notice to Licensor, and Licensor may terminate the Stripe Connect Services at any time and for any reason, with or without notice to you and with no liability to you. You acknowledge and agree that termination of the Stripe Connect Services will also terminate your Stripe Account. Precedence To the extent the terms of this Addendum modify or conflict with any provisions of the License Agreement, these terms shall control. All other terms of the License Agreement not modified by this Addendum shall remain the same. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by their duly authorized officers or representatives as of the Effective Date LICENSEE: Sugar Creek Golf Course (IA) By: ________________________ Name: Title: Date: 1064 S North Country BLVD, Ste. 260 Pleasant Grove, UT 84062 (800) 675-0422 Contact@foreUP.com |foreUP.com Addendum to Sugar Creek Golf Course (IA) License Agreement This is an Addendum to that certain Sugar Creek Golf Course (IA) License Agreement (the “License Agreement”) between Golf Compete, Inc., a Delaware corporation doing business as foreUP (“Licensor”) and the undersigned Licensee (“you”). The following terms are hereby incorporated as part of the License Agreement. foreUP Payments Services foreUP Payments is offered to integrate credit card transactions to foreUP software services, including: processing payments and tips, issuing refunds, storing customer card information for future payments, and allowing customers to purchase gift cards, reservations, and other goods and services online. foreUP Payments also enables you to view, export, and reconcile your credit card transactions. By signing below, you authorize us to conduct the foregoing services on your behalf. Account: Your use of foreUP Payments is contingent upon the completion and approval of the foreUP Payments Sub- Merchant Application and Agreement, including the foreUP Payments Terms and Conditions. Application Fee: You agree to pay a one-time application fee of $100. Fees: Your fee structure will be Interchange Cost Plus. foreUP will pass all network costs directly to you, and add a small fee per transaction. In addition to paying all network costs, you agree to pay the following fees per transaction, each of which will be deducted at the time of transaction: 1. a fee equal to % of the total transaction 2. a flat fee of cents Chargebacks: You will be responsible for responding to payment disputes. Lost disputes will automatically be refunded from your account. You agree to pay a $15 dispute fee per lost dispute. Hardware: You are responsible for the purchase of compatible credit card devices from our online store. Termination: foreUP retains the right to adjust the fee structure after one year from the date this addendum is signed. You may terminate foreUP Payments by submitting written notice at least sixty days prior to the end of the current term. In the case of early termination, foreUP reserves the right to charge a penalty of up to $495. If your License Agreement with foreUP ends, your foreUP Payments account will terminate automatically upon termination of the License Agreement without penalty. Additionally, Licensor may terminate the foreUP Payments Services at any time and for any reason, with or without notice to you and with no liability to you. Conflicting Provisions: To the extent the terms of this Addendum modify or conflict with any provisions of the License Agreement, these terms shall control. All other terms of the License Agreement not modified by this Addendum shall remain the same. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by their duly authorized officers or representatives as of the Effective Date. Licensee: Sugar Creek Golf Course (IA) By: Title: Name: Date: 0.55 15