Franny, I agree with you when you say to Mitch: "I am sure that your intentions were good..."
>From all my years in working with Mitch, I've always seen him do the right >thing for college sailing. Many important points are brought up below and I look forward to a healthy discussion of this important issue. Respectfully submitted, Bryan McDonald I wish I sent this from an iPhone 5 On Sep 22, 2012, at 3:48 AM, Joseph Sullivan <[email protected]> wrote: > Mitch: > >> From a personal standpoint, I endorse Fran's concerns. As I mentioned in an > earlier message, there will be a meeting next Wednesday night of our > program's principal advisers and we shall be discussing this issue in > depth. I anticipate an official position to follow. > > Joe Sullivan > Director, Sailing Operations > Fordham University Sailing Team > > > > On Fri, Sep 21, 2012 at 4:31 PM, Fran Charles <[email protected]> wrote: > >> Dear Mitch- >> >> It is with chagrin I have learned the news that you, as the President >> of ICSA, have signed an eight year contract with Laser Performance >> exclusively naming them as the only official boat builder at all >> national and semi-final college championship regattas excluding >> sloops. According to Article VII of the ICSA bylaws, The Board of >> Directors is the only authority which can make changes to the >> conditions of the National Championships and this agreement is >> categorically a change to the conditions. It is also a change to the >> Class Rules of the Collegiate Dinghy Class, which also requires >> approval of the Board. Therefore, as President you have entered into a >> contract purportedly on behalf of ICSA which you are not authorized to >> sign. It is wrong to assume, with no public debate or even public >> notice beforehand that this contract is in the best interests of >> college sailing. ICSA should immediately renegotiate the contract >> before LP ‘performs’ any of their services. >> >> Furthermore, and more importantly, this contract is definitely not in >> the best interests of college sailing. Laser Performance’s inattention >> to the long term and immediate needs of some customers has created >> healthy competition for the collegiate boat building market over the >> past several years. This sponsorship agreement is a strategic move by >> Laser Performance to keep their competitors out of the college sailing >> market. If left in place, it will cripple the ongoing efforts to >> develop faster, more tunable, more durable, and more fun-to-sail boats >> for the future of college sailing as well as severely effect member >> institutions that have already chosen to buy from other boat builders >> who are responsible and responsive to the customer. >> >> I am sure that your intentions were good but the process, legality, >> and substantive consequences of this agreement are all wrong for the >> ICSA and its member institutions. Because some of our members’ boats >> are not manufactured by LP, they are now required to purchase fleets >> of boats from a sole vendor if they wish to be considered a host for >> the nationals or semi finals. The LP agreement only requires the >> builder to provide boats for singles and the host schools must >> purchase their boats at whatever price LP decides to charge for >> dinghies, women’s, semis, and team racing. >> >> There are many other schools who will make fleet purchases over the >> life of this eight year contract who will be forced to buy from Laser >> Performance, whether or not that equipment is the best value for their >> program’s needs. That is not fair, nor healthy for our organization. >> Fordham University, New York Maritime Academy, Columbia University, >> University of New Hampshire, MIT, Tufts University and all the schools >> using Performance Catamaran-built west coast FJs have invested >> hundreds of thousands of dollars in collegiate boats which are now >> excluded from hosting a championship. The Administration and Alumni of >> these institutions will understandably be very concerned about the >> exclusion of their school. Retroactively banning an institution from >> hosting an event based on their choice of equipment supplier is a >> blatant disregard for these schools. I am quite sure that you would >> not have inked this deal if your fleet at Old Dominion University >> would be subject to this ban. >> >> As a Commonwealth of Massachusetts corporation, the ICSA is subject to >> some of the broadest consumer protection laws in the country. Laser >> Performance’s strategy to exclude competitors’ boats might constitute >> illegal anti-competitive conduct, and through your actions ICSA is now >> a party to Laser Performance’s plan. The 'confidentiality agreement' >> that you agreed to as a part of this contract precludes the member >> institutions from knowing even an estimated value of this contract >> that delivers the entire college sailing market to Laser Performance >> until 2020. What exactly is it costing Laser Performance to get >> exclusive rights to our market? There is no representation in any >> ICSA meeting minutes that are available about the negotiation or >> considerations of this agreement. Never was notice given to the >> membership that this was an item to be considered by the Board of >> Directors. This is egregious behavior which smacks of favoritism, >> Mitch. The lack of transparency by you and the ICSA BoD makes the >> membership feel suspicious of your motivations. >> >> The need to have singlehanded boats for our championships is certainly >> a concern for ICSA. Though the singlehanded discipline is a tiny part >> of the collegiate schedule, it is a national championship that the >> members support. However, with US Sailing having now chosen to work >> with Zim Sailboats for their youth championship sponsorship with 420s >> and Bytes for singles champs, Laser Performance is in an extremely >> precarious position. They obviously view it as essential to have >> college AND high school sailing singles hosted in their Laser design. >> This agreement with ICSA does them a big favor. Granting LP the level >> of concessions that you did in this agreement does far more for LP >> than they are doing for college sailing. It is a very strange balance >> of our priorities. There are other options for ICSA’s singlehanded >> championship if LP is unwilling to work with us. Video production at >> our championships is an ICSA need but this is a tiny cost to a company >> which guarantees itself millions of dollars in boat sales over the >> life of this agreement. >> >> By granting an exclusive right to host all of our national >> championships in LP-made boats, ICSA is making a long range commitment >> to stifle competition in the institutional market. Recently, the >> college sailing market has developed healthy competition from builders >> who could offer alternative manufacturing processes, improved spare >> parts inventories and service, and exciting changes in modern >> equipment like cored hulls with resin infusion, gnav vangs, reef >> points, and cassette style rudder stocks. In addition, improvements >> like 420 bow bulkheads, angled thwarts, integrated bow bumpers, and >> lighter rigs make our boats much safer, as well as more fun to sail. >> These changes have ONLY come from schools that have been willing to >> break away from the Laser Performance stranglehold. Now, ICSA is >> poised to make a long range commitment to the company who has >> repeatedly been unwilling to change anything until their market share >> is threatened by other builders who innovate. >> >> There needs to be public debate, full transparency, and the ICSA >> should take very seriously its responsibility to hear every member >> school’s concerns with respect. As a college sailing director I am >> very concerned about this contract, the secrecy behind it, and the >> detrimental consequences it has on many of the ICSA members. It is >> wrong, unfair, and probably illegal. >> >> -- >> Franny Charles >> MIT Sailing Master >> >> Jack Wood Sailing Pavilion >> 3 Ames St. >> Cambridge, MA 02142 >> >> Pavilion 617-253-4884 >> Office 617-253-2875 >> Mobile 857-221-0828 >> >> http://sailing.mit.edu/ >> >> >> ________________________________________________ >> icsa mailing list >> [email protected] >> http://www.collegesailing.org/mailman/?listname=icsa >> Unsubscribe: Send a blank email to [email protected] >> > ________________________________________________ > icsa mailing list > [email protected] > http://www.collegesailing.org/mailman/?listname=icsa > Unsubscribe: Send a blank email to [email protected] ________________________________________________ icsa mailing list [email protected] http://www.collegesailing.org/mailman/?listname=icsa Unsubscribe: Send a blank email to [email protected]
