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HomeMy WebLinkAboutRES 88-058 R E S O L U T I O ICI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and- he is hereby, authorized to execute a contract, a copy of which is attached hereto as Exhibit "A" , with the Port of Beaumont for the Formula I Grand Prix Boat Races scheduled for September 17-18, 1988 at the Port of Beaumont. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby, authorized to execute a contract, a copy of which is attached hereto as Exhibit "B" , with the United States Formula I Racing Association for the Formula I Grand Prix Boat Races scheduled for September 17-18, 1988 at the Port of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1988. - Mayor - - . :2 _ rt ` s , AGREEMENT This Agreement, made by and between the City of Beaumont ("City") and the Port of Beaumont ("Port") : WHEREAS, City desires to present a Formula I Grand Prix Boat Race in Beaumont on September 17-18, 1988, as a means of developing regional tourism, and, to that end, has entered into an Agreement with the United States Formula I Racing Association (USFORA) for production of said race. WHEREAS, at the request of the City, Port has agreed to allow City to use Port facilities and location for said race, and City and Port have further agreed to perform such other services as set forth herein, NOW, THEREFORE, in consideration of the mutual promises herein, the parties have agreed to the following: CITY 1. City will reimburse Port for out of pocket expenses incurred by Port as a result of the races, in the amount of those expenses, but not to exceed Ten Thousand Dollars ($10,000) . 2. City and USFORA will provide equipment and personnel as detailed in Appendix A, attached hereto, except that equipment and those personnel that the Port will provide as described below. 3. City will provide a sufficient number of Beaumont Police Department personnel to maintain order, said number to be determined and mutually agreed to by Port and City representatives. 4. City will provide a sufficient quantity and number of portable restrooms and portable concession facilities for accommodation of spectators, said quantity and number to be mutually agreed to by Port and City representatives. 5. City will obtain a minimum of Five Million Dollars ($5,000,000) Comprehensive General Liability insurance coverage to protect the parties from risks associated with the above-described race, with primary coverage for the American Power Boat Association and City and Port named as additional insured. Further it is understood that City will require USFORA to obtain a comparable Five Million Dollars ($5,000,000) Comprehensive General Liability insurance policy, naming City and Port as additional insureds. City will provide Port, and cause USFORA to provide Port, with evidence of such insurance Prior to commencement of the event. Exhibit "A" -PORT 1. Port will provide facilities, docking spaces, equipment and personnel as necessary for conduct of the event, and as mutually agreed to by Port and City representatives. Said equipment will include, but not be limited to, a large crane for suspension -of a public address system. Said personnel will include, but not be limited to, electricians for making temporary electrical connections, and supervisory staff for direction of whatever personnel are provided. 2. The Port acknowledges and understands that City has entered into an Agreement with the United States Formula I Racing Association ("USFORA") for production of the event and relies on provision of Port facilities for completion of its obligation to USFORA. (A copy of such contract is attached hereto as Appendix A and made a part hereof) 3. Port will permit City to charge admission to the event, and to sell concessions, including alcoholic beverages, on Port premises, with locations of concession operations to be mutually agreed to by Port and City representative. _ 4. Port will permit City and USFORA to sell space and erect advertising banners, signs, etc. on Port premises. 5. Port will make necessary arrangements with and secure the cooperation of various govermental departments =ra having jurisdiction over the Neches Ship Channel, to the extent reasonable and possible. 6. Port will transfer and assign to City such media, television and reproduction rights of any kind or nature whatsoever that Port may possess with respect to any and all Formula One Powerboat races to be held in the United States during 1988. 7. Port will prohibit any other class or t at the site for a period of thirty type °f powerboat racing September 17-18, 1988. Y (30) days before and after It is understood that the Port is not knowledgeable about the race contemplated herein and does not have expertise iii this area; that the Port shall provide location, facilities and support as requested, but City and USFORA shall determine and be responsible for the safety and suitability of the race course and the management and supervision of the race. Executed in triplicate the day of 1988. THE PORT OF BEAUMONT By B. G. Idasters - - Print Name Port Director Title THE CITY OF BEAUMONT By: (Print Name) Title POWER BOAT RACE AGREEMENT THIS AGREEMENT is made and entered into by and between U. S. Formula I Racing Association; Inc. , an Illinois corporation, (hereinafter referred to as an "USFORA" ) and the City of Beaumont (hereinafter referred to as the "Client" ) , as of the date executed below. WHEREAS, USFORA is in the business of organizing and conducting "U. S . Formula One" type power boat races according to the rules and regulations established by USFORA, as amended from tirtie to tirne; and, i:iEicr't,S , the Client desires to stage such a race at file Port of Beaumont on the race date hereinafter proviCec, (hereinafter sometimes referred to as the "Event") ; NOW, THEREFORE, in consideration of the premises and of the covenants and conditiorLs hereinafter contained, it is hereby agreed to by and between the parties as follows: 1 - Subject to the performance of the agreements of Client contained herein, USFORA shall organize and conduct a USFORA "Formula One" type Powerboat race for Client on September 17 and 10, 1938 , (hereinafter the "race date" ) , at the Port of Beaumont . The obligation o;= USIPORA hereunder sliall .)e contingent, hOwO-ver, upon USF( RA o');_ai[lin,r , �,ithin sixty ( op ) cilys of the execution hereof , the fir!!l i)ac, icik)ation of 1 CVrliOrc sponsor to t_1E _:V?;It 111)0I1 t:cY1nS c3nli CO[IULCIC>Ilti 1Ci.C> V :� %i i,'DRZA 1[7 ii_� mule :i � :cC,_•t. i�lR . Cll t:i: ve•tit U Exhibit "B" day period, Client shall ilave the right to cancel the Event within the thirty (30 ) days next following, upon written notice to USFORA and shall be refunded any monies paid to date. Obligations of Client hereunder are contingent upon obtaining a contract to use the Port of 3eaurtlont for the Event within sixty (60 ) days of the execution hereof. 2 . The Client shall pay USFORA the sum of Thirty-Five Thousand Dollars ($35, 000.00 ) in consideration for its services in organizing and conducting said Event. rive Thousand Dollars ($5, 000.00 ) of said fee shall be paid by Client to USFORA upon execution hereof, Twenty Thousand Dollars ( 520 , 000 . 00 ) no later than sixty (60 ) days prior to the race dart,, and the .valance of Ten Thousand Dollars ( 510 , 000 . 00 ) shall be paid to USFORA by certified or cashiers check upon or before the conclusion of the Event. It is conternplated by Client and USFORA that Client may charge the public admission to the Event. USFORA shall receive twenty-five percent (25% ) of the net revenue from such admission charge after all Client expenses associated with the event are deducted. All payments shall be made directly to USFORA at 2356 Hasse" ROad , 111tH A, Hoffman St:dtE.S , [I( is jj lt;llesti otherwise (,jri-_Ct �U 1[1 rlrlt:ltlCt . � - USFO-qA shall lllake arY'ange'P1F?I1� � :•!lt:i"t ll1i: ,�CIIL' � :;: )dam LC1`),1 ;:. Lntl of ct ii C4Cl l t'`di;tti, CII ].VP_I ti , lil i c�L i LCl l L,: Lo • , ii�cv:�� 5:14.11 :1.te'c t:11C? Clcil% , Lll LL>; Sole tILSCretic)!t , to 1L1'ILt_ �_, _.:C t1L;1 i_ V participants in the race and to deny participation to �ucii individuals and teams as it sees fit, in accordance with the rules and regulations established by USFORA, and as amended from time to time. 4 . USFORA shall provide all prize money to be awarded in ,connection with the race and shall have the sole right to deterriine the categories and amounts of prize money to be awarded Lo, participants. S. The parties agree that testing, time trials, and the race shall be conducted under the rules and regulations established by USFORA, and as amended from time to time . The . length of the race small be determined by the number of laps scheduled for said race, which number of laps shall be announced by USFORA prior to the race. o . The Client shall use i is Nest `ff -� - �� •-..+ �Ci �VvtJC! to with and assist USFORA in organizing and conducting the Event, as provided below. 7. it is contetnulated the race site will be the Port of Beaumont; however, if another race site is jointly selected by the parties, USFORA small have tiie right of final approval over any prospective race site. The Client shall procure all necessary licenses , Permits, or other consents requires, municipal , county , state, federal and/or (AI-ter govecLIIrI�.ntai acJeticies to cortciuct ,;aid event on the nice dates and s sei��ctecl . J . Cl.tt'[lt sh--jii , wit".Rout chtjrge t0 � ;,:��:�:� t•llt't _;L1J ,C>CC `tom?t'JV:t[l'l , -servLces, L11111t.V SE?LV1C ,t' , equipment, space and materials set forth on Exhibit "A" attach(,-d hereto--and incorporated herein . Client agrees that USFORH shall have--the right to direct the installation and location of said equipment, space and materials so as to assure adequate preparation for the Event. USFO'Ra shall further have the right of control over all support personnel so as to assure the orderly conduct of the Even L. 9. USFORA agrees to provide Five Billion Dollars $5, 000, 000 .00 ) in broad form general liability insurance for the Event naming the Client and the Fort of Beaumont as additional insureds under such. policy and, on or before ten ( 1 0 ) clays t�rior to ra-ce day, furnish Client and the Fort or Beaumont with a copy - Of such policy of insurance. Each party to this agreement sha,.l be responsible for the results of its ne-Ylicience or 'tile necrlic;ent acts f _ acts _ or employees in connection with the Event. 10 . USFOiRH Race Committee reserves the right to curtail or terminate testing, time trials -or the race after their r commencement in the event race or weather conditions, in the opinion of the USFO_Z A Race Committee, so require. The curtailment or terl,Ii nation of testing, time trials, or t.le r_1cF, shall not constitLI'kI it cle,.ault OF the 051 igai ions of USFGRA hereunder and shall not entitle Clien't Lo a refund of ally t)a? t of 'the fee paid :��- Ci _+. nt Lo US?ORA hereunder. ayrC�I' Ci1:1C in the eve. L �:UVLCiC:' W @at(lc?i ?r1L , L1rl 1Volcicli.).'Lc' CclLltie or i�c.tOi� i r�vJOI1Ci LhE� control :>�- u:��';' ;�� r�5u1t ill the ��,lnc:>llacion o_t- then this atjreer:lEnt snail I,e mutually cancelled and of no iuri_her force anu effect and neither party shall be liable to the other. Cancellation of tike Event shall be defined to mean that no boat competing in the race is allowed to enter the water course on the day - preceding the race date and that no boat competing in the race is allowed to enter the water course on the race date. In the event of cancellation of the Event, as defined above, USFORA shall refund to the Client sixty-six and two-thirds percent ( 60'-2/3%) of tile fee paid by the Client to USFORA hereunder. The decision to cancel the Event on either race day shall rest with the USFORA race Committee. It is agreed that a member of the City of Beauahont ' s Conv'antion and Visitors Bureau shall be a voting member of the USFORA race Committee. 11 . The Client and USFORA agree that it shall not contract for, participate in , or otherwise .,p a., _.V .a°r powerboat race, of any class, size or type whatsoever, within one hundred fifty ( 150 ) miles of the race site for a period of thirty (30 ) days immediately preceding and following the race date. 12 . Client hereby assigns to USFORA and its assigns, as and for its exclusive property, all television, radio and other rnulti-media rights with respect to recordiny , broaiicasting anti I:'c:"�rU�liiCZ::;l1C1cY i_fl: c-ace. The Client _urther ��ran� 1 C? it.t l� ?'1 tCtE� e ClllSlVct rlUiht Oi Sd:LP_ anc, r;lar E7 .Lrly C) ;lily crrj(, c!lI Vic'tep tangy or oil -I- reLPT-0(7uction of the descriptio!l c)i tile rL c`. 1;11 ?!lt CUIISc?rl�� tO tise of its I11111t' lil f:ili_' ;ie, c 'ir)tLU!1 � i)L'Oct(iC.:hSt cIRCl �Lr:�.1C�CcItii cat the race '1114 � ' • Tilt' parties ayrt_e that USFORA is hereby granter, the -exclusive ridjtit and license to obtain corporate or other sponsorships to the Event and to sell advertising space, including,_ but not limited to, television, videotape, radio, banners, buoys, signs, rosters, programs or other advertising media as it pertains to the Event. Clieni consents to the use of the corporate or other sponsor ' s name, logo or trademark in describing the Event along with the nar:le of the Client. Client shall retain the right to obtain for its benefit one supporting sponsorship for the Event, as outlined in Attact-nent Client Will also retain all rights to obtain and se' l sponsorships for its festival not relatiny to t,,,e -vans (hereinafter referred to as the "festival sponsors" ) . Client hereby ackno:•rleda-es and agrees that no festival col,fiict cIith tile USFOIRIA Sponsor. in the event of a cony lict between the sponsors obtained by USFORA and the festival sponsors , t1he parties hereto agree to tender into goot-i fait,,, negotiations with each other for a period] of Eourteen ( 14 ) days in an atte';Ipt to resolve said conflict . 1 4 . Client acknowledges and agrees that .,uSFORA is ti,e serviccrtar;; and, t.r:ld(-tn<,rk property of U. S. Forntula T Ra-ino atl J llino.is corporation . Af)v sai_i rt�ntt U�' t�l_Lr�;lt s`Icl�l i =' limited to those r>LIrl70fid�r, i(t r! i t.in�J r -tildi maid user .; t:_t i. :uuc ._ Lo . C•0:--'iltt ! .L �,-t d'1 IICJ Ass oC`. i.l l-. lC�!1 � L(lC_ 15 . The parties agree that they are each independent contractors arid that neither is the agent, servant or employee of t-he- other-, and that neither has t -ie authority, express or implied, to bind -tie other to any obligation whatsoever_ 1-6 - Any notices to be provided hereunder shall be in writing and mailed postage paid, certified mail, return receipt requested, to the respective parties, as follows: If to JSFORA: U. S. Formula I :acing Assn. , Inc 2356 Hassell Road, Suite A Hoffinan Estates, IL 60195 If to Client: John Gorman Convention and Visitors Sureau City of Beauriont P. O. Box 3327 Beaumont, Texas 77704 _ 17 . This agreement shall not be assigned by either party hereto without first obtaining the express written consent Of the ogler ~party hereto. 13 . T= lis agree;;,ent contains the entire agreement of the parties. No representations have been made or relied upon by either party otter titan those set forth herein. This agreement shall riot be modified or amended without the express written consent of both parties hereto. 19 . This contract shall be considered made at and constrU:-1- L!11(, C t;te laws of the State of !Ili'-'ois . Any liti<;atiorl instituted respect to the subject ma, izr izereof Silal1 ire L1.'Lr?l1 dYlt iteclr_1 In t hF:' State 0 Illinois . 1NV i T NES> HEREOF, the e a ra_ (I V 'r�C;Llt�'�a ti115 agreement this day of 1903 . U. S. FORMULA I RACI:7G ASSOCIATION, INC. BY CITY OF B EAUc40 vT BY ATTACHMENT 'A' SERVICES TO BE PROVIDED BY THE CLIENT A. SAFETY & SECURITY 1 . Six (6) paramedics to ride in rescue boats (protocol required) . 2. Three (3) divers to ride in the rescue boats. 3 . Two (2) marine police boats (river traffic) . 4 . One (1) police officer at Rescue 1 location. 5. Two (2) police officers at each end of the pit entrances. 6. Two (2) paramedic equipped ambulances--Rescue 1 at pit area, Rescue 2 at designated required) . area (Telemetry and protocol 7. Pit, VIP, and Press Area shall be provided with security from Thursday noon to 10 : 00 a.m. the day following the race. 8. TV locations shall be provided with security Friday through Sunday evening. Rescue boats and drivers not provided by CLIENT. B. CROWD CONTROL I. Adequate Police on each bridge to protect race course and participants. 2. Adequate Police at pit area. 3 . Adequate Police crowd control at direction of CLIENT. C. BLEACHERS AND FENCING I . VIP paddock , pit , and press area (seating for not less than 1 ,500) . 2 . Officials and scorers area with canopy top (seating for not less than 50) . 3 . Any other public bleachers at the discretion of CLIENT. D. DOCKS 1. At pit area, 6 ' x 300 ' x 18" above water. 2. At starting area, 6 ' x 300 ' x 18" above water. E. CRANES 1. Two (2) or three (3) mobile cranes with operating crews at pit area. Cranes must have sufficient reach to clear Pit floats (maximum boat weight 1500 lbs) . The minimum reach for each crane must be 115 ft. F. COMMUNICATIONS I. Adequate complete police and marine police communications stationed at: a. Pits b. Judges area C. Police boats d. In each paramedic equipped rescue boat (4) . e. At Rescue 1 and Rescue 2 locations. 2. All -agencies with jurisdiction over the waterway will have a representative with radio communications on the judges stand immediately prior to and during each race. 3. Three (3) EMS portable radios and chargers will be provided to USFORA with a frequency assigned for the conduct of the race. G. CROWD CONVENIENCE 1 . Coast Guard (copy of application and approval of marine event to be provided to U. S. Formula One Racing Association 30 days prior to scheduled race date. A copy of operation order to be provided to U. S. Formula Association 10 days prior to event. ) 2 . Sanitary District . a. In Pit Area and VIP area need adequate bathroom facilities , garbage cans , etc . 3 . Park District . 4 . Police and Fire . 5. Corp of Engineers. 6. All other agencies with jurisdiction over areas to be used for the conduct of the race. H. PRESS 1, Press rooms with phones, typewriters and snack and soft drink area, and duplicating p 9 (should be near or part. of VIP area) . The CLIENT and their agents shall refer to the _event in all publicity, promotions and other communications . I . RACE COURSE ADVERTISING 1. Approval for USFORA to sell and erect banners on all bridges. 2. Approval for USFORA to sell space and erect banners on available bulkheads, walls adjacent to the race course, and on 30 ' floating advertising buoys . 3 . Any bannering or advertising within view of the race course must be approved by USFORA. L_ CO*10ESSICINS 1. Approval for USFORA to erect a stand in a prime location for the sale of racing paraphernalia, i.e. hats, jackets, T-shirts, programs, etc. K . PUBLIC ADDRESS FACILITIES ` 1 . Public address system of sufficient power to be clearly heard from all spectator vantage points at all times prior and during the conduct of the race. 2 . Broadcast locations: a . At officials stand. b. At a secondary location designated by USFORA. L. VIP VILLAGE 1 . 110 Volt electrical power needed for catering . M. TELEVISION REQUIREMENTS 1 - ReRlote Production Unit - Power Requirements : is - gnu A M P ti r�' :c e . b. Service needs a fused Breaker Box within 200 ' of Mobile Unit. I . Option: 125KW Crawford, or equivalent "Blimped" generator to be available continuously. 2. Camera Platforms - Scaffold Construction Requirements: a. 2 units side-by-side to make a platform approximately - 7 ' deep x-10 ' wide. These units need to be elevated 2 units high -to make the working deck approximately 12 ' from the base, or pier level . The finished tower should have a ladder and guard rails for safety. The Platform deck itself needs to be fully planked and reinforced with plywood for minimum bounce, or sway. 3 . Camera Positions - to follow after reviewing course set- up. N. FLAGS 1. On starting dock , flag staffs with flags of all participating drivers ' nationalities should be displayed. 0. AWARD PRESENTATIONS 1 . Awards to be presented at the officials stand on a stage. 2. Three (3) tiered platform (Olympic style) . 3 . Medals of gold, silver, and bronze on red ribbon (plated) . 4 . One (1) laurel wreath. 5 . Mayor ' s Cup (approximately 3 ' high and should be distinctive) . ATTACHMENT "B" CLIENT RnVDnD-rTMG SPnNSORSHTP o USFORA hospitality tent ( fully catered) at the race site for both days. The VIP area will be located directly adjacent to the boat pits and the docking areas. O 25 two-day VIP/Food passes to USFORA hospitality tent and pit area . The bearer will receive a light lunch on Saturday, a buffet meal on Sunday, plus soft drinks and beer on both days . The VIP pass will allow the bearer into the pit area when the cranes are not in operation ( "cold " pit conditions ) . Drivers and crew members are available for interviews, photographs, etc. o Two of your banners (size approximately 8 ' X 24 ' ) . o Two PA announcements during the event. Sat :1 - 20 Lap Race Sun :l - 50 Lap Race * U. S. Formula One Racing Association, Inc. has final approval. BENEFITS As a client supporting sponsor , your' company will receive numerous benefits including : * Association with a unique sports event in a major market . * Affiliation with a rapidly growing motor sport . * Affiliation with an event with a proven record of attracting large audiences. * A guaranteed captured audience. * Homogenous spectator profile. * Television exposure. FORMULA I GRAND PRIX BOAT RACES 9-17/18-88 -_----___-,_BUDGET EXPENSE 1986 1988 ITEM AMOUNT AMOUNT a. Sponsorship Fee $35,000. a. $35,000. b. Production Sound Reinforcement $4,500. Sound Reinforcement 300. 5,000. Tent Rental (Judges) 220. 300. Crane Rental _-_ Barge Rental _— _- Portable Rest Room Rental 720. 800. Shuttle Bus Rental 1,976. 2,500. Labor (IATSE) 342. 400. Labor (Cleaning) 707. 11000. Labor (Parking) 92. 150. Catering/Hospitality -- 11000. Lodging --- --- Fence 720. 800. Trcp"ies 127. 200. Misc. _-_ --- b. $12,150. c. Insurance Public Liability -- 2,700. Rain Insurance 7,000. C. 9,700. d: Event Staff Police --- 2,600. Race Course Personnel --- 2,120. d. 4,720. e. Souvenirs/Novelties --- --- e. -0- TOTALS $9,704. $61,570. REVENUE ITEM AMOUNT AMOUNT a. Sponsorship Principal Sponsorship --- $25,000. Other_ Sponsorships --- 10,000. a. $35,000. b. Gate Admission -- __ _ 40,000. (20,000 @ $2. ) Bleacher Seating ___ Box Seating _-_ - b. $40,000. c. Concessions (In House) $2,000. (net) 7,500. (net) Concessions (30,000 @ 250) (Contractors) 1,000. (net) 2,500. (net) (10 @ $25. ) C. $10,000. d. Shuttle Bus (Remote) 1,184. 2,500. Parking (Remote) 750. d. $ 3,250. TOTALS $4,184. $88,250.