HomeMy WebLinkAboutR-82-0411FLORIDA:
RESOLUTION NO. S 2 r 4 1 1
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH CHAMPION SPARK
PLUG COMPANY FOR THE STAGING OF THE TWELFTH
ANNUAL CHAMPION SPARK PLUG UNLIMITED REGATTA
AT MIAMI MARINE STADIUM ON JUNE 4, 5 and 6,
1982, IN SUBSTANTIAL CONFORMANCE WITH THE
TERMS AND CONDITIONS AS SET FORTH IN THE
ATTACHED AGREEMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MAIMI,
Section 1. The City Manager is hereby authorized to
execute an agreement with the Champion Spark Plug Company for
the staging of the Twelfth Annual Champion Spark Plug Unlimited
Regatta at the Miami Marine Stadium on June 4, 5 and 6, 1982,
in substantial conformance with the terms and conditions as set
forth in the attached agreement.
PASSED AND ADOPTED this llth day of
1982.
ATTES
z�
�J o
RALP . ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
TORE FJ, PAN DE Z J
ASSISTANT CITYTTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
VAVCJ
E F. KN X, JR.
ITY ATTORNEY
May
Maurice A. Ferre
MAYOR
CITY COMMISSION
MEETING OF
MAY 11 1982
FMOMM 8 2
1
R
4r
ni
AGREEEIMENT
AGREERENT made this nth day or April, 1:;32 hf ��:.c: i�•._t::c._ .
the City of Miami, Florida ("the City") and
Company, a corporation organized under the laws of Delaware
its principal office in Toledo, Chic ("Champion",.
WHEREAS, the City desires, through its Dapart:,.c!nt of 3taaiamm
and Tsarinas, to produce an unlimited hydroplane racing `vc_n'_ ("t.hc
Event") to be held at Marine Stadium, Kiami, loi-3.da, comm2z _` n
June 4, 1982 and continuing through June o, or on other .^.at b
mutually agreed upon by the parties; and
WHEREAS, in consideration of certain prcr,,otion.al a.,.d a v
opportunities, hereinat"ter described, Charnpizon is o:illing -�c ..,..�..�
subject to reimbursemiant, certain funds to facili�c-_r.,_ t'ne
of the Event;
Tic- parties agree, t:it�reforc-, as follo,,s:
1) The Event will consist of an unlixiit':'_G ra :,_, run
In series o1 separate races o;_" heats, and L_.,_cer
of the American Power Boat Association, Unlimitcd
may also include races of other than �jnlirri. c. tins:, beat,,
under the auspices of the Florida Inboard ?aci: g Clab, Inc.
2) The City will have entire charge of the ��)r odu: zion rf zno
and of the conduct of the races of which the Event consists. Wit 3 _-
limiting the generality of the foregoing, the City wi' provide: for
the event the facilities of the Marine Stadi=, including t:c servic
of ticket takers, ushers, attendants, and securit,: rscn Ic ; it : 1
provide facilities and equipment for the ac:ccn_^Iodaticn of
a doctor and other appropriate first -aid services and faciliciL.s;
will arrange for the layout, IT.dllii.i: l as.d f:olicinCj of the
obtain from the Coast Guard or ot:,�r app::orriate
permission to conduct the races; it will obtain for arc Ev,�nr_
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races the sanction and approval of the American Bcat
Unlimited Division, and produce the Event and cor u^_ t:.c race_= in
accordance with the terms and co-ditions of such sanction ar_•:: aptro•.,.i=,
and it will provide or arrange for officials for tht3 ccr uc-. and ;u-: lag
of the races, admit contestants and award prizes.
3) In the production of this Event and the conduct. of Li--_- races
(whether in the respects specifically mentioned in Paragra_lh ? or
otherwise), Champion shall have nc share in the profits or pr3ccc-dj of
sales of admission tickets for the Event, exc,_ t or Chanpicn's rig.:t
to obtain reimbursement of funds it has advanced a:. provid:::: i::
7 below.
4) The Event si:all be named and pr:,m::tea as tag: tc.�,r:_:1.....: JL:_:_:'_ 1..;
Unlimited Regatta". Champion and the City :ill
and promoting the Event, and the timing and fo?:i,: of t:iu
public announcement of tiie Ev::nt shall be subj,:ct :.3
Expenses of such publicity and promotion sYiali i:i _'ac :, -as-, z(: t )_'-nt:
the party incurring the same, wilih.out
Champion shall be entitled to refer .o and depict t::c
corporate and product advortising, as Champion is itti
,
appropriate. Thu City shall provide Chairplon witG 11 l .:11.
which are intended to promote the :,vcnt or contain :.}:c:
Such materials include but ara not limited to i:cstcrs, flyer:.,
bumper stickers, programs, race schedules and i_ny oth r Gc'✓erti;ing
material. The samples described above shall be su: mitt !d to C'Iainri;,
thirty (30) days prior to the Event.
The City may, with and subject to Ciiamp4 3:1' a al rw�l
Champion may for any reason. withhold) , sell or otnQrwis� ,r; r.t tcIvvis]*.or,
broadcast or motion picture rights to the Zvent. 'Vne
understand that the American Power boat Association. !c:iinited L'ivis_
Radio Network is granted free and exclusive rights to rh.c
5) The City agrees not to ei.ter inzc as agrco::.:n� .;ith ott:cr
commercial sponsor for the Event without the 1.rior e:ri::ter. cc>:.s :. _�f
Champion having first been obtained. 'l:.e City agr�,s to it: --
Sanction Application to the American Foal At;scciatio
7
82 - 4 11
upon the terms of this Agreement. '_;:e City furtner grants to
the right of first refusal to sponsor c.he event in 1;53 and .'.-9�;•1.
6) Champion shall advance to the parties n,med below t:,c ,11owinr.
sums of money:
a. Three Thousand Five Hundred Dollars ($3,500) payable to
the American Power Boat Association Gnlimitcd Fund upon
filing of sanction fee for this Event, representing ten
percent (10%) partial prize: money.
b. Thirty One Thousand Five hundred Dcliars ($31, 53('�) :a_Jal)lc.
to the American Power Boat Association UnliTti'*ed _ nd on
or before June 6, 1982.
C. A sanction fee of Two Thousand F4 Vu Hui.dred Doll:,,:6
payable to Cie Unlimited Racing Commii:is .oi: -und, 2%PBA.
d. An insurance premium of ap?roximatel- i`ao The",:s&nd D:)' I_r:;
($2,000) payable to the American Pov:er Boa:�s�ociatic,:;.
e. 1. LEGAL START . CN_`� Y
n-o Thousand Dollars ($2, 000) I or t»at ti..:t :n._k�s a ! _
start in any elimination hest. (Boaz must
a legal start) . Cne T:ousand Dollars ( 1,, Cu) iali�iLa tlU:.
:Honey if ;Dumped from ten (10) or twelve (12, bout
2. QLALIT YING. ?t0NEY
One Thousand Five Hundred Dollars ($1,500) per day for
two days only.
Each day: $400.00 - $300.00 - $225.30 - $175.G0 - $15_3C
Fastest Overall Qualifier: First, $330.00, ::econdl,
To qualify each boat must achieve speed set fcrtn in rate book
(Rule 4, Section 4E) , and exceed prior day spc_cd to earn ::c:cond
day qualifying money.
3. HEAT PRIZE MONEY
Five Hundred Dollars ($500) per boat eac::
(Boat must finish heat to cualy for ij :_:. ....2
(15) minutes from start of race, (R;:la 5, Se: ion 2A)
Thousand Dollars ($1,000) for the
qualifies as foregoing.
S2-4il
f. One Thousand Five Fiundredt :Dollars t$1, 30•J) pa,•;� lac `O `_^e
Florida Inboard Racing Club representin:, I •,:rs� ;ron '_' -c�
limited hydroplane winners providi:lg the,: .1-11 t;i .
Event.
Total purse and legal start payments as shown is paragraph 6 (a),
6 (b) , and 6 ((--) rlabove are tentative and contingent L,, ,cn Cha,-api_on
acceptance of proposed, final requirements su'r,mitced by �:-nlimited
Commission, APBA, for 1982 season.
7) Champion shall be reimbursed Jtliv Cat',', --u;: of :c I::t r. ecCss
of the Event, a sum equal to the lesser of (1) .. mom - Gf rC,Cz ;
or (2) Seventeen Thousand Dollars ($17,000) . As Li.,-&d
means the total of all income der-ved by the Cit % su1;- f d:',ii::s:o:.
tickets to the Event, less the total of any oi-hn r
excise taxes levied directly on such sales of
6) Champion shall be given One TROu.3an l (iu J :-; :_::ati5 .:r
Stadium Tickets of Champion's choice and uj. to a r.,�:.�.:.�::. ci _:. '•.�-._•_�.,:
(500) additional Stadium Tic'r:?ts at forty
regular list price.
This Agreement may be terminated at t:l-a _
or the City of ::iami if it is deter:ninod by ithc..
contemplated hereunder is not in the best intcres �s C; f ::he ••�tict• _
community where race is to be held because of an a:ivcrse n<:ti'Dn_:'
energy or fuel situation in general or due to lack Of or '_i:. i. �e : �c.; ._ pl.•
within the Miami metropolita_, area witch may cxis : r rlor to or G::
of the Evert. All actions and provisions of this w_'_-i
construed and interpreted under Florida law and hcard -n C:,un.C'_ .
Florida.
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82-411
IN WITNESS -.-rflEPdZF, tho part cs have ;.:aus(-,- -:i-i Fi
to be executed by their respectivt-, officans anti c-tf.-'lz-*,_l:-3 c;,-,
date first above written.
ATTEST:
CITY CLERK
ATTEST:
S--=--�ETARY
APPRLMED AS TO MIR-M M-) CORRECTNESS:
JITY ATTORNEY
JHY - ss
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CITY 01" FLORID."', a
municipal corl;oration
Da tc�:
CITY
'2rc
82-111
�1 AGREEMENT
AGREEMENT made this 5th day of April, 1982 by and between
the City of Miami, Florida ("the City") and Champion Spark Plug
Company, a corporation organized under the laws of Delaware having
its principal office in Toledo, Ohio ("Champion").
T.ITRMTL�C CL+TV
WHEREAS, the City desires, through its Department of Stadiums
and Marinas, to produce an unlimited hydroplane racing event ("the
Event") to be held at Marine Stadium, Miami, Florida, commencing
June 4, 1982 and continuing through June 6, 1982, or on other dates
mutually agreed upon by the parties; and
WHEREAS, in consideration of certain promotional and advertising
opportunities, hereinafter described, Champion is willing to advance,
subject to reimbursement, certain funds to facilitate the production
of the Event;
The parties agree, therefore, as follows:
1) The Event will consist of an unlimited hydroplane race, run
in series of separate races or heats, and conducted under the sanction
of the American Power Boat Association, Unlimited Division. The Event
may also include races of other than Unlimited class boats, conducted
under the auspices of the Florida Inboard Racing Club, Inc.
2) The City will have entire charge of the production of the Event,
and of the conduct of the races of which the Event consists. Without
limiting•the generality of the foregoing, the City will provide for
the event the facilities of the Marine Stadium, including the services
of ticket takers, ushers, attendants, and security personnel; it will
provide facilities and equipment for the accommodation of ambulances,
a doctor and other appropriate first -aid services and facilities; it
will arrange for the layout, marking and policing of the racecourse and
obtain from the Coast Guard or other appropriate governmental authority
permission to conduct the races; it will obtain for the Event and the
82-411.
races the sanction and approval of the American Power Boat Association,
Unlimited Division, and produce the Event and conduct the races in
accordance with the terms and conditions of such sanction and approval,
and it will provide or arrange for officials for the conduct and judging
of the races, admit contestants and award prizes.
3) In the production of this Event and the conduct of the' races
(whether in the respects specifically mentioned in Paragraph 2 or
otherwise), Champion shall have no share in the profits or proceeds of
sales of admission tickets for the Event, except for Champion's right
to obtain reimbursement of funds it has advanced as provided in Paragraph
7 below.
4) The Event shall be named and promoted as the "Champion Spark Plug
Unlimited Regatta". Champion and the City will cooperate in publicizing
and promoting the Event, and the timing and form of the City's initial
public announcement of the Event shall be subject to Champion's approval.
Expenses of such publicity and promotion shall in each case be borne by
the party incurring the same, without reimbursement from the other party.
Champion shall be entitled to refer to and depict the Event in its own
corporate and product advertising, as Champion in its judgement deems
appropriate. The City shall provide Champion with samples of all materials
which are intended to promote the Event or contain the Champion trademark.
Such materials include but are not limited to posters, flyers, tickets,
bumper stickers, programs, race schedules and any other advertising
material. The samples described above shall be submitted to Champion
thirty (30) days prior to the Event.
The City may, with and subject to Champion's approval (which
Champion may for any reason withhold), sell or otherwise grant television
broadcast or motion picture rights to the Event. The parties hereto
understand that the American Power Boat Association Unlimited Division
Radio Network is granted free and exclusive rights to the Event.
5) The City agrees not to enter into an agreement with any other
commercial sponsor for the Event without the prior written consent of
Champion having first been obtained. The City agrees to qualify its
Sanction Application to the American Power Boat Association contingent
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82 -411
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upon the terms of this Agreement. The City further grants to Champion
the right of first refusal to sponsor the event in 1983 and 1984.
6) Champion shall advance to the parties named below the following
sums of money:
a. Three Thousand Five Hundred Dollars ($3►500) payable to
the American Power Boat Association Unlimited Fund upon
filing of sanction fee for this Event, representing ten
percent (10%) partial prize money.
b. Thirty One Thousand Five Hundred Dollars ($31,500) payable
to the American Power Boat Association Unlimited Fund on
or before June 6, 1982.
c. A sanction fee of Two Thousand Five Hundred Dollars ($2►500)
payable to the Unlimited Racing Commission Fund, APBA.
d. An insurance premium of approximately Two Thousand Dollars
($2,000) payable to the American Power Boat Association.
e. 1. LEGAL START MONEY
Two Thousand Dollars ($2,000) per boat that makes a legal
start in any elimination heat. (Boat must qualify to make
a legal start). One Thousand Dollars ($1,000) qualification
money if bumped from ten (10) or twelve (12) boat field.
2. gUALIFYING MONEY
One Thousand Five Hundred Dollars ($1,500) per day for first
two days only.
Each day: $400.00 - $300.00 - $225.00 - $175.00 - $150.00
Fastest Overall Qualifier: First, $300.00, Second, $200.00
To -qualify each boat must achieve speed set forth in rule book
(Rule 4, Section 4E), and exceed prior day speed to earn second
day qualifying money.
3. HEAT PRIZE MONEY
Five Hundred Dollars ($500) per boat each preliminary heat
(Boat must finish heat to qualify for prize and finish fifteen
(15) minutes from start of race, (Rule 5, Section 2A). One
Thousand Dollars ($1,000) for the second heat in which a boat
qualifies as foregoing.
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'f. One Thousand Five Hundred Dollars ($1,500) payable to the
Florida Inboard Racing Club representing purse money for
limited hydroplane winners providing they participate in the
Event.
FOOTNOTE 1
Total purse and legal start payments as shown in paragraph-6 (a),
6 (b), and 6(e)#labove are tentative and contingent upon Champion
acceptance of proposed, final requirements submitted by Unlimited
Commission, APBA, for 1982 season.
7) Champion shall be reimbursed by the City, out of the net proceeds
of the Event, a sum equal to the lesser of (1) the amount of such net proceeds;
or (2) Seventeen Thousand Dollars ($17,000). As used herein, "net proceeds"
means the total of all income derived by the City from sales of admission
tickets to the Event, less the total of any sales, admissions or other
excise taxes levied directly on such sales of admission tickets.
8) Champion shall be given One Thousand (1000) gratis Grandstand
Stadium Tickets of Champion's choice and up to a maximum of five hundred
(500) additional Stadium Tickets at forty percent (40%) discount of
regular list price.
This Agreement may be terminated at the option of either Champion
or the City of Miami if it is determined by either party that Event
contemplated hereunder is not in the best interests of the nation or
community where race is to be held because of an adverse national economy,
energy or fuel situation in general or due to lack of or limited fuel supply
within the.Miami•metropolitan area which may exist prior to or on the date
of the Event. All actions and provisions of this Agreement will be
construed and interpreted under Florida law and heard in Dade County,
Florida.
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IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by their respective officers and officials on the
date first above written.
ATTEST:
CITY CLERK
ATTEST:
(JR41'
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
JHY:ss
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CITY OF MIAMI, FLORIDA, a
municipal corporation
CITY MANAGER
Date:
CHAMPION SPARK PLUG COMPfiATY
Richard D. Kudner
Vice President, Advertising &
Merchandising
Date: 3 p
82-4 11
62,
pj
Howard V. Gary
City Manager
Walter E. Golby
Stadiums Manager
111Tri?-0RF=ICE �AEt.1r)RAN0UM
..-- April 26, 1982
1982 Champion Snarkplug
Regatta Contract; Commission
Authorization Requested
7r Frn ENC r'=
E^JC L05UR'S.
"It is recommended that the attached
resolution be adopted authorizing the
City Manager to execute an agreement
with the Champion Spark Plug Company
for staging the Annual Champion Spark
Plug Unlimited Regatta at Marine
Stadium on June 4, 5 and 6, 1982."
For the past eleven (11) years the City of Miami has co -sponsored
the Annual Champion Spark Plug Unlimited Regatta at the Marine
Stadium. This race has national recognition for the City of *Miami
and thousands of boat racing enthusiasts will attend this presti-
gious event.
Over the past years this event has been self-sustaining with ticket
proceeds paying all expenses for services to be provided by the
City.
Two "originals" and one copy of the referenced agreement are enclosed.
All should be signed so that one of them can be returned to the
Champion Spark Plug Company.
It is therefore recommended that this item be placed on the May llth
City Commission Agenda and that the City Manager be authorized to
execute the attached agreement, as per the attached resolution.
Mr. Eugene Hancock, of Marine Stadium Enterprises, and Champion Spark
Plug have agreed that the hoist will be closed for private boats
during the Regatta.
82-411