HomeMy WebLinkAboutR-80-0409RESOLUTION NO. 8 7- i 09
A RESOLUTION AUTHORIZING THE CTTY MANAGER
TO EXECUTF AN AGRI-1MFN t':ITF CHAMPION SPARK
PLUG COMPANY POF TIiF S"'AGING OF TFiF TENTH
ANNUAL ChAI,71 OT? FPART,'. PL,iIG UN1,1171_ FI) FF'OATTA
A"' MIAMI MAFIT,iF ii1iF 6, T, and 8,
1980, TN SUBSTANTIAL COTIFORD'.ANCF WTTFi TFrE
TERMS AND CONDITIONS A° FET FOF'''H IN T11F
ATi'ACHF'I1 AGRFFA'FNT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY ON
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
to execute an agreement with the Champion 11"par1: Plug Company
for the staging of the Tenth Annual Champion Spark Plug
Unlimited Regatta at the Miami Marine Stadium on June 6, 79
and 8, 1980, in substantial conformance with the terms and
conditions as set forth in the attached agreement.
PASSED AND ADOPTED this 6th day of JUNE 1980.
Cit, Clerk
PREPARED AND APPROVED BY:
Assistant City Attorney
APPROVED AS TO
City
CORRECTNESS:
MAURICE A. FERRE
MAYOR.
"OOC�lI,�r�I I�'IDEX
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CITY CQt+9WSSION
MEETING OF
JUN 3 ill ,J
RESOLUTION ,
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41
CITY pF 1,11AN11. FLORIDA /
INTER-OFFICC MEMORANDUM
TO. Joseph R. Grassie ;,ATE May 28, 1980 FILE
City Manager
% :>UJJE=T Agreement between City and
�(I Champion :;park Plug; Co. for
races at V'i ami r'arine Stadium
FROM E.,R. L. J Wings, irector QE`EpF'10E;
Stadiums & Marinas Department (1) Draft contract
F.NCLO�'JRFS (2) Draft Resolution
t
For the past nine years the City of Miami and Champion
`- Spark Plug Company have co -sponsored annual races at
the Miami PIarine Stadium. The enclosed contract has
been prepared for the staging of the Tenth Annual
Champion Sparl PluFr Unlimited Regatta at the Marine
Stadium on June 6, 7, and °, 1980.
This department recommends that the City Commission
3 pass the enclosed draft resolution authorizing the
City Manager to execute the enclosed agreement.
s
80-409
AGREEMENT
AGREEMENT made this day of by and
between the City of Miami, Florida ("the City") and Champion
Spark PlugCompany, a corporation organized under the laws of
Delaware having; its principal office in Toledo, Ohio ("Champion"):
WITI4ESSETIT
WHEREAS, the City desires, through its Department
of Stadiums and Marinas, to produce an unlimited hydroplane
racing event ("the Event") to he held at Marine Stadium, Miami,
Florida, commencing June 6, 1980 and continuing; through June 8,
1980, 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 R,:�a.t Association, Un-
limited class boats, conducted under the auspices of the Florida
Inboard Racing; Club, Tnc.
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 fore-
going, 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; any] policing; of the
racecourse and obtain from the Coast ward or other appropriate
governmental authority permission to conduct the races, it will
80•409
6
i
obtain for the Event and the 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
I
Paragraph 2 above or otherwise), Champion shall have no responsi-
bility, participation or right of control whatsoever. 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.
U. 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 he 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 judgment deems appropriate. 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.
2 •-
The City agrees to qualify its Sanction Application to the
American Power Boat Association contingent upon the terms
of this agreement. The City further grants to Champion the
right of first refusal to sponsor the event in 1981 and 1982.
6. Champion shall advance to the parties named
below the following sums of money:
a. Two Thousand Five Hundred Dollars ($2,500)
payable to the American Power moat Association
Unlimited Fund upon filing of sanction fee for
this Event, representing ten percent (10%)
partial prize money.
b. Twenty Two Thousand Five Hundred Dollars
($22,500) payable to the American Power Boat
Association Unlimited Fund on or before
.tune 8, 1980.
c. A sanction fee of Two Thousand Five Hundred
Dollars ($2,500) payable to the Unlimited
Racing; Commission Fund, APBA. (Paid 2-28-80).
d. An insurance premium of. One Thousand Seven
Hundred and Forty -SIX Dollars ($1,746) payable
to the American Power Po.r,t' Association.
(Paid 2-27-80 and 3-13-80).
e. 1. LEGAL START PIUI L'I
$1,500.00 per boat that makes a legal start in
any elimination heat. (Boat must qualify to
make a legal start.) t1,000.00 qualification
money if bumped from 10 or 12 boat field.
2. QUAL1 FY11IG MONEY
$1,000.00 per day for first two days only.
Each Pay: $350.00 - $250.00 - $175.00 - $125.00 -
$100.00
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).
_3—
SO- 409
s y
n'
r'
3. NEAT PRIZE MONEY
$500.00 per teat each preliminary heat (Boat
must finish heat to qualify for prize and
finish 75 minutes from start of race, Rule 5,
Section 2A).
f. One Thousand Five Hundred Dollars ($1,500)
payable to the Florida Inboard Racing Club
representing; purse money for limited hydroplane
winners.
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 of other
excise taxes levied directly on such sales of admission tickets.
S. Champion shal.l. be given one thousand (1,000) gratis
Grandstand Stadium Tickets of ChampJonls choice and up to a
maximum of five hundred (500) additional Stadium Tickets at
forty per cent (401') discount of regular 11st 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 contempleted hereunder is not in the
best interests of the nation or community whore mace 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.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by their respective officers and
officials on the date first above written.
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CITY OF MI'AMI, FLORIDA, a municipal
corporation
ATTEST: CITY MANAGER
Date:
CITY CLERK
CHAMPION SPARK PLUG COMPANY
ATTEST: Y -
Vice President -Merchandising & Sales
Promotion
Date: 5-22-80
1Wrj`, SE RFTARY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY / M;
80-409
_
AGREEMENT
AGREEMENT made this day of 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"):
WITNESSETH
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 6, 1980 and continuing through June 8,
19809 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 Moat Association, Un-
limited 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 fore-
going, 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 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. 1n the, production of this Event and the conduct
of the races (whether in the respects specifically mentioned in
Paragraph 2 above or otherwise), Champion shall have no responsi-
bility, participation or right of control whatsoever. 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 judgment deems appropriate. 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.
W 2 M
�3 -4 U
I
The City agrees to qualify its Sanction Application to the
American Power float Association contingent upon the terms
of this agreement. The City further grants to Champion the
right of first refusal to sponsor the event in 1981 and 1982.
6. Champion shall advance to the parties named
below the following sums of money:
a. Two Thousand Five Hundred Dollars ($2,500)
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. Twenty Two Thousand Five Ilundred Dollars
($22,500) payable to the American Power Boat
Association Unlimited Fund on or before
June 8, 1980.
C. A sanction fee of Two Thousand Five Hundred
Dollars ($2,500) payable to the Unlimited
Racing Commission Fund, APBA. (Paid 2-28-80).
d. An insurance premium of One Thousand Seven
Hundred and Forty -Six Dollars ($1,746) payable
to the American Power Boat Association.
(Paid 2-27-80 and 3-1.3-80).
e. 1. LEGAL START MONL;Y
$1,500.00 per boat that makes a legal start in
any elimination heat. (Boat must qualify to
make a legal start.) $1,000.00 qualification
money if bumped from 10 or 12 boat field.
2. QUALIFYING M014EY
$1,000.00 per day for first two days only.
Each Pay: $350.00 - $250.00 - $175.00 - $125.00 -
$100.00
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).
— 3 —
3. HHAT PRI7E 14011EY
$500.00 per boat each preliminary heat (Boat
must finish teat to qualify for prize and
finish 15 minutes from start of race, Rule 5,
Section 2A).
f. One Thousand Five Hundred Dollars ($1,500)
payable to the Florida Inboard Racing Club
representing purse money for limited hydroplane
winners.
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 of other
excise taxes levied directly on such sales of admission tickets.
8. Champion shall be given one thousand (1,000) gratis
Grandstand Stadium Tickets of Champion's choice and up to a
maximum of five hundred (500) additional Stadium Tickets at
forty per cent (40o) discount of regular list price.
This Agreement may be terminated at the option of
either Champion or the City of Miami if it 3s determined by
either party that event contempleted hereunder is not in the
best interests of the nation or community i,rhere race is to be
held because of an adverse nat{ona.l 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.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by their respective officers and
officials on the date first above written.
4
�'Yy�
1
ATTEST:
CITY OF MIAMI, FLORIDA, a municipal
corporation
CITY MANAGER
Date:
CITY CLERK
CHAMPION SPARK PLUG COMPANY
ATTEST: By
,J Vice -President, Merchandising & Sales
Date: 5-22-80 Promotion
SEC ETARY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY/i
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