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HomeMy WebLinkAboutR-91-0813J-91-875 11/4/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), RELATED TO THE 111991 FRITO-LAY/CHEE-TOS FOOTBALL CHALLENGE", A RECREATION PROGRAM FOR LOCAL YOUTH TO BE CONDUCTED ON SPECIFIED DATES DURING THE PERIOD OCTOBER 12 THROUGH DECEMBER 1, 1991 IN CITY OF MIAMI PARKS; RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING SAID EVENT TO PROCEED AND IN EXECUTING THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND STRATEGIC SPORTS SPECIALISTS, INC. FOR SPONSORSHIP OF SAID PROGRAM; FURTHER ACCEPTING A DONATION FROM SAID FIRM IN THE AMOUNT OF $1,250 FOR THE CITY'S DEPARTMENT OF PARKS AND RECREATION PROGRAMS. WHEREAS, Frito-Lay, Inc., in conjunction with Strategic Sports Specialists, Inc., had asked to present a recreational football program called the "Frito-Lay/Chee-tos Football Challenge" in Miami and sought the participation of City of Miami youth between the ages of seven and twelve years; and WHEREAS, said event sponsors requested the assistance of the City of Miami's Department of Parks and Recreation for the second year of this program which consists of pass, punt and kick competitions held in Gibson and Douglas Parks on October 12 and October 19, 1991, respectively, with semifinals to be held November 2, 1991 at Moore Park and final on December 1, 1991; and 7'2 ! 'T s*.t �p s_ CITY CCU 11ID-1'II` SI®N N Y 0F - u V 14 1991 :t! 13 WHEREAS, in return for the City's assistance in conducting the events, Frito-Lay, through Strategic Sports Specialists, Inc. provided T-shirts and products for the participants, prizes for the winners, sports and promotional materials for the event, and a cash donation in the amount of $1,250 for use by the Department of Parks and Recreation in its presentation of this and other programs; and WHEREAS, the attached sponsorship agreement was prepared outlining the responsibilities of the City and said sponsor, and was approved by the City Attorney; and WHEREAS, time constraints prohibited the normal presentation of this agreement at a regularly scheduled meeting to the Commission; and WHEREAS, the City Manager, in a memorandum to the Mayor and Commission dated October 10, 1991, advised of his intent to authorize said event to proceed and to execute the necessary documents for this purpose; 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. Section 2. The actions of the City Manager in authorizing the 111991 Frito-Lay/Chee-tos Football Challenge" event to be held and in executing the attached agreement between the City of Miami and Strategic Sports Specialists, Inc. are hereby r 13 4 +w approved and confirmed as they relate to said recreation program for local youth conducted on specified dates during the period October 12 through December 1, 1991 in City parks. Section 3. A donation to the City in the amount of $1,250 from Frito-Lay, Inc. through Strategic Sports Specialists, Inc. is hereby accepted for use by the Department of Parks and Recreation in its recreation programs. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of ATTEST.: MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: RAFAEL'D. DIAZ DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ROD/pb/gmb/M2598 1991. XAVIER 4. SUAREZ, MAYOR SPONSORSHIP AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement") is made effective as of the day of , 1991, by and between STRATEGIC SPORTS SPECIALISTS, INC., a Georgia corporation (hereinafter referred to as 11S311) on behalf of Frito-Lay, Inc., and the City of Miami, a Municipal Corporation of the State of Florida, through its Department of Parks and Recreation (hereinafter referred to as "Miami") for the sponsorship of CHEE.TOS® brand Cheese Flavored Snacks Football Challenge ("Event") in 1991, and Whereas, Miami desires to participate in the implementation of the Event. In consideration of payment by Frito-Lay to Miami for Sponsorship, and for other good and valid consideration, the receipt and sufficiency of which is hereby acknowledged, S3 and Miami agree to the following terms and conditions: 1. SPONSORSHIP A. S3 agrees to: 1) donate $1,250.00 to Miami; 2) provide advertising support of ',the Event, including radio, P.O.S., on -product mention, etc; 3) provide (10) tickets to the December 1, 1991 Miami Dolphins football game; and 4) provide materials to implement the Event. B. Miami agrees to: 1) implement the qualifying and semi-finals of the Event; 2) assist with the Event finals at Joe Robbie Stadium on December 1, 1991; 3) promote the Event by displaying promotional materials and information packets; and 4) attend the Event's final organizational meeting on November 30, 1991 at Joe Robbie Stadium 2. 3. 4. 5. CONFIDENTIALITY In the course of performing services for S3, Miami will be exposed to confidential proprietary information belonging to S3 which pertains to the operation of S3 business and Frito-Lay's food businesses or the operation of its business in general, and in particular, Miami will be exposed to information relating to the sales and marketing of foods including, but not limited to, business plans and marketing strategy, (hereinafter "Information"). Miami agrees to hold in confidence and agrees not to disclose to others without the prior written consent of S3, all Information which has been or will be disclosed to Miami either directly or indirectly and to limit Miami's use of Information solely in conjunction with performance of this Agreement. It is understood that the foregoing obligations of confidentiality and non-use do not apply to any information which was in Miami's possession prior to beginning performance of any Services for S3 and which was not acquired directly or indirectly from S3. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY S3 and Miami agree that all drawings, specifications, etc. including, without limitations such items as original drawings, sketches, artwork, copy, (hereinafter "Documents"), as well as all intellectual property including without limitation ideas and concepts, (hereinafter "Intellectual Property"), provided by the parties shall remain the valuable property of the respective party and shall be returned to such party on• request and/or upon termination of this Agreement. COPYRIGHT OR TRADEMARK INFRINGEMENT Miami shall defend actions or claims charging infringement of any copyright or trademark by reasons of the use or adoption of any material supplied by it, excluding materials incorporated in the document that were supplied by S3 on behalf of Frito-Lay, and it shall hold harmless S3 from loss or damage resulting therefrom; providing, however, that S3, within thirty (30) days after receipt of any notice of infringement or of summons in any action therefor shall have forwarded the same to Miami in writing. The City in the capacity of a governmental jurisdiction maintains insurance under a qualified self insurance program as specified in accordance with Section 768.28 Florida Statute as amended. TERMINATION This Agreement may be terminated by either party upon fifteen (15) working days written notice to the other for any cause whatsoever. 6. GENERAL PROVISIONS A. Entire_.ngreement - This Agreement sets forth the full and complete understanding of the parties as of the date first above stated, and its supersedes any and all agreements and representations made or dated prior to the date of this Agreement. B. Company Representative - In addition to any other obligations assumed by S3 shall appoint an individual, hereinafter referred to as the 11S3 Representative", who shall be authorized to act on behalf of S3, with whom Miami may consult at all reasonable times, and whose instructions, requests and decisions will be binding upon S3 as to all matters pertaining to this Agreement and the performance of the parties hereunder. Aforementioned 11S3 Representative" shall be: Sandy Smith Account Supervisor S3 reserves the right to designate another 11S3 Representative" at any time, and agrees to notify Miami of any redesignation. All notices pertaining to this Agreement shall be in writing, and if to S3, shall be sufficient if delivered in person to the S3 Representative or sent certified mail to S3 at the following address: 100 Cumberland Circle, Suite 1270 Atlanta, Georgia 30339 C. Miami Representative - In addition to any other obligations assumed by Miami hereunder, Miami shall appoint an individual, hereinafter referred to as "Miami Representative", who shall be authorized to act on behalf of Miami, with whom S3 may consult at all reasonable times. Aforementioned Miami Representative shall be: Kevin Smith. All notices to be delivered to Miami shall be sufficient if delivered in person to Miami Representative, or sent certified mail to: Miami Department of Parks and Recreation 1390 N.W. 7th Street Miami, Florida 33125 D. RP lationship of the Parties -- Miami shall be an independent contractor with respect to the Services performed hereunder. Neither Miami nor its consultants, subcontractors, nor their employees, shall be deemed to be the servants, employees, or agents of S3. Neither shall anything contained herein be deemed to create the relationship of partners, principal and agent, or joint venturers between the parties. E. Ag§ignTent - Except as expressly provided for herein, this Agreement shall not be assignable by either party without the prior written consent of the other. No assignment of this Agreement shall relieve the assignor until this Agreement shall have been assumed by the assigned. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. F. Force Majeure - Delay or failure to supply services in accordance with this Agreement shall not be excused except that such delay or failure shall have been caused by an Act of God, strike, fire, flood, riot, civil commotion, governmental regulation or action or other causes beyond control. However, this provision shall not prevent either party from terminating this Agreement in accordance with the termination provision of this Agreement. G. Time of the Essence - All time limits stated in the Agreement are of the essence. H. Subcontracts - Miami shall not subcontract or delegate the performance of any of its duties hereunder without the prior written approval of S3. I. Waiver - No provision, requirement, or breach of this Agreement may be waived by either party except in writing. J. Captions - The captions used herein are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of the intent of any Section or Paragraph hereof. K. Governing Law - THIS AGREEMENT SHALL BE GOVERNED BY THE LAW OF THE STATE OF FLORIDA AND VENUE SHALL BE IN DADE COUNTY. J IN WITNESS WHEREOF, the parties herein have hereunto set their hands as of the day and year aforesaid. STRATEGIC SPORTS SPECIALISTS, INC. SPECIALISTS, INC., a Georgia Corporation, 100 Cumberland Circle, Suite 1270 Atlanta, GA 30339 By Ce. A MURRAY Title: Vice President ATTE T: 11 Kayle R. Middleton Corpor to Secretary CITY OF MIAMI, a Municipal Corporation of the State of Florida, for its DEPARTMENT OF PARKS AND RECREATION 1390 N.W. 7th Street Miami, FL 33125 By: CESAR H. ODIO Title: City Manager Date: ATTEST: Matty Hirai City Cler}c Approved as to Insurance: Segundo,'f)erez,.,Insurance Manager L ' Approved as to Form and Correctness: A. Quinn Yqzf6s mmer' III G AC Attorney ;i I • ' . 3 lu STRATEGIC SPORTS SPECIALISTS, INC. CERTIFICATE OF INCUMBENCY I, the undersigned, Kayleen R. Middleton, do hereby certify: (i) that I am the duly elected and qualified Secretary of Strategic Sports Specialists, Inc., a Georgia corporation ("S311); (ii) that set forth below is my genuine signature; (iii) that the person named below is as of the date hereof, an employee duly qualified and acting on behalf of S3 for Frito-Lay, Inc. for the purposes of executing the Sponsorship Agreement regarding the CHEE.TOSO brand Cheese Flavored Snacks Football Challenge; and (iv) that the signature set forth opposite the name of such person is the genuine signature of such person. Name Position Sigpature Lisa Murray Vice President�'- IN WITNESS WHEREOF, I have hereunto affixed y signature and the seal of the corporation this day of ;A .ci\(-MA)k L , 1991. i Kayleo� R. Middleton, Secretary E t .. 'S . 3 ISSUE DATE AG Jim,,slow RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH'IS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, I -XI I -ND OR ALTER I I IE COVERAGE AFFORDED BY THE POLICIES BELOW L.um 1 1)' 1 NSURANCL. , COMPANIES AFFORDING COVERAGE C.O.UOX 120091.1 _ NASI IV l L.L.E_ I N 3 7 2 1COMPANY A r LEfIER I. fIA,W)I'1 COMPANY B LETI ER SURED 3 I R'A I E G I C sf'v I-,,rCOMPANY LETTER C 3PLC1ALI,;T1—;, INC. 1{D0 CUMULNL.AND Ci1%�.L. LCOMPANI'R D F11F :-U1TL #12741 -NI LAN I A, GA 30339 COMPANY � THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI I POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDD/YY) ALL LIMITS IN THOUSANDS � GENERAL LIABILITY _-.I. GENERAL AGGREGATE .S j COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE IS 1 X i CLAIMS MADE` `OCCUR. PERSONAL & ADVERTISING INJURY 'S s ! X 4 ..I,Nfd4l_. OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE 1 ' — FIRE DAMAGE (Any one Lire) S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS 'NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY I OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER SCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS MEDICAL EXp S ( ny one Pe s n K COMBINED SINGLE $�? LIMIT BODILY INJURY $ s A. (Per person) 1 f Ml ! =)I BODILY INJURY S s + Per accident) 1 I ij PROPERTY S a DAMAGE EACH -AGGREGATE OCCURRENCE S S STATUTORY $ (EACH ACCIDENT) S (DISEASE —POLICY LIMIT) S (DISEASE —EACH EMPLOYEE] t" CANCELLATIb SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE (U I Ei'7;UN PARK LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 4 0 1 P1 . W . 12 TN ! LIABILITY OF ANVgDyp T E QOqY, ITS AGENTS OR REPRESENTATIVES. ri I AP'I 1 , FL 3 3 1 .; l AUTHORIZED R E T I ©ACORD,CQFkP ._ ... � Iso:IF DATE t F RODVCER i III; CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Nr) RIrHTS twor) mf: CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, tiXIElll) OR ALTER THE COVERA(',(= At BY THE POLICIES BELOW (,1 IY I IJSWRANCI_ , F'.O.LIM 120039 NASHVILL.L, IN 3721,' COMPANY A IEFIL14 COMPANIES AFFORDING COVERAGE COf.IPANY D . .... _ ISUAED 1. E T T E I I --> rr\A 1 LG1. (.. 31=011A rS COMPANY C. IEiIEIF 100 MMUL.I:1_AND Cir<<:1 CO`SPANv D _ LE1fFH A I LAM I A, GA 30339 CIOnPANY E IEILR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY HCOUIITEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY I'I_ III AIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCt1 POI ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. D TYPE OF INSURANCE R POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MMIDDIYY) DATE (MM/DD/YY) GENERAL LIABILITY ) r . ( l f GENERAL AGGREGATE if 1 x COMMERCIAL GENERAL LIABILITY PRODUCTSCOMP/OPS AGGREGATE I i X CLAIMS MADE; h -OCCUR PERSONAL & ADVERTISING INJURY '$ 1 ' (7 OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE FIRE DAMAGE (Any one tire) ;E ,I N _ MEDICAL EXPENSE (Any one person) AUTOMOBILE LIABILITY COMBINED ?j SINGLE S ANY AUTO LIMIT f !tfl ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person)BODILY v�;I HIRED AUTOS INJURY S NON -OWNED AUTOS + (Par accident) GARAGE LIABILITY PROPERTY S I(t DAMAGE AG LEGATE EXCESS LIABILITY EACH OCCURRENCE S S OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND $ (DISEASE —POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE —EACH EMPLOYEE) OTHER =SCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS DOUGLAS PAKr<: 5�) . W. 37111 M1AMI, FL 331.1"' 'ANCELLATIONMIS, Ed SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL __ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SLIT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP BE TAT f r ` �AJ:.:. CI T � OF MIIAMI, FLORIDA. INTER -OFFICE MEMORANDUM �O Honorable Mayor and Members of the ity Commission ROM Cesar H. Odio City Manager ' CA=17 DATE jjui ; a ' - �'i r SUBJECI Resolution Ratifying the City Manager's Actions regarding a Park and Recreation Event RErERENCES ENCLOSURE'S Recommendation It is respectfully recommended that the City Commission adopt the attached resolution relating to the "1991 Frito-Lay/Chee-tos Football Challenge" held in City parks, ratifying and approving the City Manager's actions in allowing the event to proceed with the assistance of the Parks and Recreation Department and in executing the necessary agreement with the sponsor, Strategic Sports Specialists, Inc., for the event. The legislation would also authorize the City Manager to accept the proffered $1,250 donation from the event sponsors. Background The Department of Parks and Recreation was asked for the second year to assist in the "Frito-Lay/Chee-tos Football Challenge". This pass, punt and kick competition for youths between the ages of 7 and 12 years was conducted in Gibson and Douglas Parks in October, with semifinals scheduled for November_ 2 in Moore Park and the finals to be held December 1, 1991. In return for the City's assistance in conducting the events, Frito-Lay, through its marketing firm Strategic Sports Specialists, Inc., provided T-shirts and products for the participants, prizes for the winners, sports and promotional materials used for the event, and a cash donation in the amount of $1,250 for use by the Department of Parks and Recreation in its presentation of this and other programs. The event sponsors prepared the attached sponsorship agreement outlining the responsibilities of the parties, which was then reviewed and approved by the City Attorney. Because time constraints prohibited the normal presentation of this agreement at a regularly scheduled meeting of the Commission, the City Manager, in a memorandum to the Mayor and Commission dated October 10, 1991, advised of his intent to authorize said event and to execute the necessary documents for this purpose. The legislation being presented today provides for the formal approval of the City Manager's actions and for the acceptance of the donation for use by the Parks and Recreation Department. 3 LC CITY OF MIAMI, FLORIDA X-C_ IWER-OFFICE MEMORANDUM - � �L � ►�4ct'•Sht-- TO DATE October 10, 19 91 FILE Honorable Mayor and Members�cAn of th ity Commission SUBJECT : 1991 Chee-tos Football ------ Challenge FROM Cesar H. Odio REFERENCES : City Manager A ENCLOSURES This is to advise you that the Department of Parks and Recreation _ was first contacted in late August by Strategic Sports Specialists, Inc. to seek our participation in the second year of the Chee-tos Football Challenge (sponsored by Frito-Lay). The Strategic Sports representative indicated the program design, (which includes a football pass, punt and kick competition for youths between the ages of 7 to 12,) is the same as last year's, with the only exception being that this year's program utilizes only two (2) sites (Gibson and Douglas Parks on 10/12/91 and 10/19/91) rather than four (4) for the initial City-wide competition. The semi-finals will then be conducted at Moore Park (on 11/2/91) and the finals at Joe Robbie Stadium during the half time of the December 1, 1991 Dolphins game. To support the City's participation in the 1991 Chee-tos Football Challenge, Frito-Lay will provide -each participant a T-shirt, and a small promotional bag including free product (Chee-tos), pencils and discount coupons. Additionally, Frito-Lay will make a cash donation of $1,250.00 to be ,used by the Department of Parks and Recreation in support of this and other wholesome recreation programs for the youth of our community. As the proposed final contract for this event was only provided to us during the last week of September, there was insufficient time to review the agreement and submit it for consideration by the City Commission at the October 3rd Commission Meeting. Since there is no cost to the City for this program; it proved to be successful last year and it offers the youth of our community a worthwhile recreational opportunity, I am writing this memorandum to seek your approval of the City's participation. . Due to time constraints, if I do not hear from your respected offices by 12:00 Noon on October 11, 1991 I will assume your initial approval and proceed with this action accordingly, including the execution of any required permits/agreements. I will then proceed to place this item on the next available Commission agenda for formal "after the fact" approval by the City Commission. Should you have additional questions, please advise. r , � � 7