HomeMy WebLinkAboutR-97-0582•
J-97-579
9/2/97.
RESOLUTION NO
97- 582
A RESOLUTION,WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE A SPONSORSHIP
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH HEAD USA FOR SPONSORSHIP OF THE
MOORE_ PARK TENNIS PROGRAM OPERATED BY THE
DEPARTMENT OF PARKS AND RECREATION; FURTHER
ACCEPTING A DONATION OF TENNIS EQUIPMENT AND
SUPPORT SERVICES, ESTIMATED AT A VALUE OF
$16,000, FROM HEAD USA FOR THEIR SPONSORSHIP
OF SAID PROGRAM.
WHEREAS, the City of Miami acknowledges HEAD USA,
manufacturer and distributor of quality athletic products, for
their contribution and good will to the City's youth; and
WHEREAS, the City of Miami Parks and Recreation Department
administers a highly successful tennis program at Moore Park; and
WHEREAS, HEAD USA desires to enter into a Sponsorship
Agreement for said Program and agrees to provide equipment
("Equipment") and support services ("Services") for the Moore
Park Tennis Program "(Program");
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
ATTACH ET (S) SEP 0
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97- 582
Section 2. The City Manager is hereby authorized1l to
execute a Sponsorship Agreement, in substantially the attached
form, with HEAD USA for sponsorship of the Moore Park Tennis
Program operated by the Department of Parks and Recreation.
Section 3. A donation of tennis equipment and support
services, estimated at a value of $16,000, from HEAD USA is
hereby accepted for their sponsorship of said Program.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this
ATTES�
WALTER J.YZEMAN
CITY CL
Cl4-
APPROVED AS TO FORM AND CORRECTNESS:
A. QU J E III
CITY ATTO E
W1837:BSS
i
O A ��; • MAYOR
!1 /
l� The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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97- 582
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SPONSORSHIP AGREEMENT
THIS SPONSORSHIP AGREEMENT ("AGREEMENT'), is made and entered into
this day of 1997, by and between the CITY OF MIAMI, FLORIDA
("CITY"), a municipal corporation of the State of Florida, with offices at 3500 Pan American
Drive, Miami, Florida 33133, and HEAD USA ("HEAD"), a Maryland corporation with offices
at 9189 Red Branch Road, Columbia, Maryland 21045.
RECITAL
WHEREAS, HEAD desires to provide equipment ("Equipment") and support services
("Services") for the Moore Park Tennis Program ("Program") as a sponsor for said Program; and
WHEREAS, CITY is desirous of receiving the Equipment and the Services for the
Program;
NOW, THEREFORE, in- consideration of the terms, covenants, and conditions of this
Agreement, the parties hereto agree upon the following terms and conditions:
1. TERM: This Agreement shall commence on the date of execution by the
last of the parties to execute same ("Effective Date") and shall terminate one year thereafter. At
the end of the Term, the Agreement may be extended for an additional period of time as mutually
agreed upon by the parties.
2. HEAD OBLIGATIONS: As a sponsor for the Program, HEAD shall provide
the following:
A. EQUIPMENT: During the Term of this Agreement, HEAD shall provide, at
its sole cost and expense, the following Equipment to the CITY for the Program:
(1) One hundred (100) tennis racquets, of which forty-five (45) will be current
in -line product and fifty-five (55) will be discontinued and/or aluminum racquets.
(2) Forty (40) bags, consisting of ten (10) "Tennis" bags, ten (10)
"Supercombi" bags, and twenty (20) "Combi" bags. The "Tennis" bag is a large carry all, the
"Supercombi" is a racquet shaped bag which holds at least 12 racquets, and the "Combi" is a
racquet shaped bag which holds 6-8 racquets.
(3) One hundred (100) sets of string, consisting of sixty (60) sets of Nylon and
forty (40) sets of T-20 Synthetic Gut.
(4) Forty (40) baseball hats.
97- 582
(5) Thirty (30) overwrap grips.
(6) Seventy-five (75) wristbands.
(7) Seventy (70) T-shirts.
Upon the receipt of the Equipment by the CITY, said Equipment shall become the
property of the CITY.
B. SUPPORT SERVICES: During the Term of this Agreement, HEAD shall
also provide:
(1) One (1) scholarship to the Nick Bollettieri Tennis Academy or one (1)
scholarship to the Dennis Van der Meer World Class Training Center.
(2) One (1) clinic given by a tennis personality at the Program's site.
3. CITY OBLIGATIONS: In support of HEAD's sponsorship of the Program,
CITY shall:
A. SPONSORSHIP EXCLUSIVITY: Grant HEAD the exclusive right to provide
the racquets for the Program, with the understanding that in the event such racquets are damaged„
destroyed, or lost during the Term of this Agreement in such quantity so as to adversely impact
the Program, the City may rescind HEAD's right to exclusivity.
Additionally, the Program instructors shall only use the racquets provided by HEAD.
B. SIGNAGE: Install HEAD signage at the Program site, the size of which shall be
subject to the approval of the City Manager. It is hereby understood that HEAD does not have
the exclusive right to signage at the Program site.
C. HEAD LOGO: Include the HEAD logo on all printed materials and press
releases pertaining to the Program.
D. WRITTEN REPORTS: CITY shall provide written reports to HEAD as
follows:
(i) Inventory Distribution Report -Within thirty (30) days after the Effective
Date, CITY shall submit in writing to HEAD the criteria and procedures to be utilized in selecting
Program participants to receive the Equipment.
(ii) Monthly Reports Within ten (10) days after the last day of each month
during the Term of this Agreement, CITY shall submit to HEAD a written report detailing the (a)
attendance, tennis and academic accomplishments of the Program participants, and (b) list of
Program instructors.
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97- 582
(iii) Annual Report -Within thirty (30) days after the expiration of the Term of
this Agreement, CITY shall submit to HEAD a cumulative written report detailing: (a) the!
attendance, accomplishments, and future plans (e.g. continued participation in the Program, high,
school or college athletic ambitions, etc.) of the Program participants, and (b) an inventory of the:
Equipment.
E. PARTICIPANT QUESTIONNAIRE -In the event HEAD develops a.
questionnaire for the Program participants to evaluate the Program, CITY agrees to assist HEAD
in administering said questionnaire.
4. DEFAULT/TERMINATION: If either party shall fail to perform any of its
respective obligations contained herein within the time for performance as specified herein, the
other party may terminate this Agreement by providing, in writing, a thirty (30) day notice of
termination, without financial recourse for either party.
5. NOTICES: All notices or other communications which may be given pursuant
to this Agreement shall be in writing and shall be deemed properly served if delivered by personal
service or by certified mail addressed to CITY and HEAD at the address indicated herein. Such
notice shall be deemed given on the day on which personally served; or is by certified mail, on the
fifth day after being posted or the date of actual receipt, whichever is earlier:
CITY OF MIAMI, FLORIDA
Edward Marquez,
City Manager
City of Miami, Florida
444 SW 2"d Avenue, 1 oth Floor
Miami, Florida 33130
Copy to:
Albert Ruder, Director
Department of Parks and Recreation
City of Miami, Florida
444 SW 2"d Avenue, 8th Floor
Miami, Florida 33130
HEAD USA
Sally Schultz,
Promotions Manager
9189 Red Branch Road
Columbia, Md. 21045
6. CAPTIONS AND HEADINGS: The Section headings or captions appearing
in this Agreement are for convenience only, are not part of this Agreement, and are not to be
considered in interpreting this Agreement.
7. GOVERNING LAW: This Agreement shall be governed according
to the laws of the State of Florida and venue shall be in Dade County, Florida.
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97_ 582
8. ENTIRE AGREEMENT: This Agreement contains the entire agreement
between the parties. There are no promises, agreements, undertakings, warranties or
representations, oral or written, express or implied, between the parties other than as herein set
forth. No amendment or modification of this Agreement shall be valid unless the same is in
writing and signed by both parties.
9. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has
appointed an Emergency Financial Oversight Board ("Oversight Board") which is empowered to
review and approve all pending City of Miami contracts. As a result, contracts shall not be
binding on the CITY until such time as they have been approved by the Oversight Board.
Execution of this Agreement by the City Manager shall constitute evidence of its approval by the
Oversight Board.
IN - WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their undersigned officials as duly authorized, on or before the day and year first
above written.
ATTEST:
Walter J. Foeman
City Clerk
WITNESSES:
APPROVED AS TO FORM AND CORRECTNESS:
By:
A. Quinn Jones, III
City Attorney
ZAt-
LKK/W197
CITY OF MIAMI, FLORIDA, a
municipal corporation of the State
of Florida
By:
Edward Marquez
City Manager
HEAD USA
By:
9 - 58
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUI
TO : Honorable Mayor and Members
of the City Commission
CAIIIIIIII1615
DATE : AUG 2 6
FILE
SUBJECT : Resolution Accepting a
Donation of Tennis
Equipment/Services for
FROM REFERENCES: Moore Park
WNfard. Marquez Commission Mtg. 9/9/97
City Manager ENCLOSURES
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached Resolution
accepting a donation at an estimated value of $16,000 from HEAD USA, for tennis
equipment and support services for the Department of Parks and Recreation's Moore Park
Tennis Program.
BACKGROUND:
As part of its on -going efforts to attract cooperate sponsorship for its Adopt -A -Park
Program, the Department of Parks and Recreation recommends the adoption of the
attached resolution to benefit the City's Moore Park Tennis Program.
HEAD USA is a highly successful manufacturer and distributor of tennis athletic
equipment. It wishes to provide equipment and support services as sponsors for the
City's program at Moore Park.
HEAD USA will provide at its sole cost and expense to the City of Miami the following
equipment and support services which has an estimated value of $16,000:
EQUIPMENT
(1) One hundred (100) tennis racquets, of which forty-five (45) will be current in -
line product and fifty-five (55) will be discontinued and/or aluminum
racquets.
(2) Forty (40) bags, consisting of ten (10) "Tennis" bags, ten (10) "Supercombi"
bags, and twenty (20) "Combi" bags. The "Tennis" bag is a large carry all;
the "Supercombi" is a racquet shaped bag which holds at least 12 racquets,
and the "Combi" is a racquet shaped bag which holds 6-8 racquets.
97- 582 1
(3) One hundred (100) sets of string, consisting of sixty (60) sets of Nylon and
forty (40) sets of T-20 Synthetic Gut.
(4) Forty (40) baseball hats.
(5) Thirty (30) overwrap grips.
(6) Seventy-five (75) wristbands.
(7) Seventy (70) T-shirts.
SUPPORT SERVICES
(1) One (1) scholarship to the Nick Bollettieri Tennis Academy or one (1)
scholarship to the Dennis Van de Meer World Class Training Center.
(2) One (1) clinic given by a tennis personality at the Program's site.
In support of HEAD's sponsorship of this program, the City shall:
(1) Grant HEAD the exclusive right to provide the racquets for the Program, with
the understanding that in the event such racquets are damaged, destroyed, or
lost during the term of this agreement in such quantity so as to adversely
impact the Program, the City may rescind HEAD's right to exclusivity.
Additionally, the Program instructors shall only use the racquets provided by
HEAD.
(2) Install HEAD signage at the Program site, the size of which shall be subject to
the approval of the City Manager. It is understood that HEAD does not have
the exclusive right to signage at the Program site.
(3) Include the HEAD logo on all printed materials and press releases pertaining
to the Program.
(4) Provide required Inventory Distribution, Monthly and Annual reports.
(5) In the event HEAD develops a questionnaire for the Program participants to
evaluate the Program, City agrees to assist HEAD in administering said
questionnaire.
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