2016-29535 Reso RESOLUTION NO. 2016-29535
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT
ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION, BETWEEN THE
CITY AND FLORIDA TENNIS PROMOTIONS, LLCTO SECURE, HOST
AND PRODUCE A SERIES OF INTERNATIONAL TENNIS
FEDERATION EVENTS AS SET FORTH IN EXHIBIT "A"; SAID
AGREEMENT HAVING A TERM OF THREE (3) YEARS COMMENCING
UPON EXECUTION; AUTHORIZING ANNUAL FUNDING IN THE
AMOUNT OF $100,000, SUBJECT TO ANNUAL BUDGET
APPROPRIATION AND, FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE FINAL AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS, PROVIDED
THAT IN THE EVENT THAT THE CITY AND APPLICANT DEEM IT
NECESSARY TO INCLUDE ANY NEW SUBSTANTIVE TERMS (WHICH
ARE NOT CONTAINED IN THE ATTACHED DRAFT AGREEMENT)
THEN SUCH NEW SUBSTANTIVE TERMS SHALL BE SUBJECT TO
PRIOR APPROVAL BY THE MAYOR AND CITY COMMISSION
BEFORE FINAL EXECUTION THEREOF.
WHEREAS, on September 2, 2016, Commissioner Steinberg sponsored a
discussion regarding a potential tennis event in North Beach with a goal of creating a
calendar of premium tennis events in Miami Beach that will help to establish the City as
a tennis and sporting capital in Florida; and
WHEREAS, this will attract new visitors and promote the destination worldwide
and the participants and spectators will also generate significant room nights and,
therefore, resort taxes; and
WHEREAS, following discussion, the Commission directed staff to continue
discussions with the event organizers and return to Commission for direction when more
information was available. Staff was also directed to work with Miami Beach Tennis
Management to ensure they are involved; and
WHEREAS, on March 9, 2016, the City Commission passed a motion endorsing
the concept of an agreement with Creative Artists Agency (CAA), whereby the City
would commit $100,000 toward the production of the event; and
WHEREAS, the Administration continued discussions with CAAand the
International Tennis Federation (ITF) for a commitment to host several events in Miami
Beach over the next few years; and
WHEREAS, CM has partnered with Florida Tennis Promotions, LLC, to produce
a series of tennis events that would be sanctioned by the ITF ; and
WHEREAS, the ITF is the world governing body of professional tennis with 210
member nations. The ITF organize the world cup of tennis (Davis Cup/ Fed Cup), which
has participation from more than 122 nations with approximately 129 million viewers
worldwide; and
WHEREAS, Florida Tennis Promotions and ITF have proposed to produce the
following events in Miami Beach:
1. 2017 ITF Worldwide Coaches Conference by BNP Paribas will be held
between October 2017 and November 2017. This is a three (3) —five (5) day
event with approximately 1,200 attendees and 500 — 600 hotel rooms,
totaling approximately 2,000 room nights;
2. 2018 ITF Annual General Meeting to be held within two weeks of the
conclusion of the US Open Tennis Tournament in September 2018. This is a
four (4) to six (6) day event with hundreds of attendees from the 210 member
nations;
3. ITF Seniors World Team and Individual Championships to be held in 2017
and 2018, in two consecutive weeks, usually mid-year or in the second half of
the year, on dates to be agreed upon. This tournament is anticipated to
attract 100 — 130 teams with approximately 500 players; and
WHEREAS, as consideration for Florida Tennis Promotions' efforts toward
creating a calendar of premium tennis events in Miami Beach, the City shall provide
funding to Florida Tennis Promotions, in the amount of $100,000.00. After the first
Contract Year, subject to funding availability, the City shall provide a City Contribution, in
an amount of$100,000.00 annually, during the balance of the Term; and
WHEREAS, as consideration for Florida Tennis Promotions' efforts toward
exhibiting the Events, the City also agrees to use good faith diligent efforts to secure
grant commitments of $125,000 of funding annually from other granting agencies and in
the event such grant commitments are not forthcoming, City shall have no obligation to
provide any additional funds. As the additional grant funding is essential to ensuring the
success of the Events, in the event such grant funding is not forthcoming, the City and
Florida Tennis Promotions shall develop a revised plan for the activation of Events for
which there is sufficient funding and, if the parties are not able to develop such a plan to
their mutual agreement, Florida Tennis Promotions shall have the option to terminate
this agreement; and
WHEREAS, the City and Florida Tennis Promotions have negotiated the terms
and conditions of an Agreement, which is attached to the Resolution; and
WHEREAS, the Administration recommends the Mayor and City Commission
adopt the resolution approving the attached Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City
Commission hereby approve an agreement attached as Exhibit "A" to this Resolution,
between the City and Florida Tennis Promotions, LLC to secure, host and produce a
series of International Tennis Federation events as set forth in Exhibit "A"; said
agreement having a term of three (3) years commencing upon execution; authorizing
annual funding in the amount of $100,000, subject to annual budget appropriation and,
further authorizing the Mayor and City Clerk to execute the final agreement upon
conclusion of successful negotiations, provided that in the event that the city and
applicant deem it necessary to include any new substantive terms (which are not
contained in the attached draft agreement) then such new substantive terms shall be
subject to prior approval by the Mayor and City Commission before final execution
thereof.
PASSED and ADOPTED this 14th day of September, 2016.
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PHILIP LEVIN- AYOR
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AGREEMENT
BETWEEN
CITY OF MIAMI BEACH,FLORIDA
AND
FLORIDA TENNIS PROMOTIONS,LLC
This Agreement (the "Agreement") is made this day of , 2016 (Effective Date), by and
between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, whose address is 1700
Convention Center Drive, Miami Beach, Florida 33139 ("City"), and FLORIDA TENNIS PROMOTIONS, LLC,
a Florida limited liability company whose address is 77 Harbor Drive, #17, Key Biscane, Florida 33149 ("FTP")
(each a"Party"and collectively the"Parties").
WHEREAS,the Parties desire to enter into this Agreement based on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein exchanged, the Parties agree as
follows:
1. Term. The term of this Agreement shall commence on the date written below,and shall continue thereafter for
three Contract Years(as defined in Section 4(a)below) until the conclusion of the final Event(defined in Section
2 below), unless terminated earlier in accordance with this Agreement.
2. Engagement. FTP shall endeavor to secure from the International Tennis Federation("ITF"),the world
governing body of professional tennis, a collection of tennis events substantially similar to those set events forth
below,to be exhibited during the Term with the cooperation of both FTP and the City on terms more fully set
forth herein (collectively,the "Events"):
- 2017, 2018 and 2019 Senior Events,which means the Seniors World Individual and Team
Championships for 50, 55 and 60 year olds in 2017, 2018 and 2019
- Date: To be determined by ITF in consultation with FTP and the City, contemplated to be in late October
or early November of each year.
The City acknowledges and agrees with FTP's engagement of international talent agency CAA Sports as a sub-
consultant for the Events,to assist with sponsor identification, operational strategy, and other matters relating to
the activation of the Events.
3. Exclusivity. FTP shall be the City's exclusive representative for the brokering, hosting and general exhibition
of tennis events involving the City during the Term. In the event FTP is presented with the opportunity to host and
operate additional tennis events during the Term, FTP shall first discuss Miami Beach as a potential venue with
the City. The Parties hereby commit in good faith to collaborate on future endeavors in the tennis event industry
to be hosted in Miami Beach and involving FTP relationships and/or talent with an aim toward creating a calendar
of premium tennis events in the Miami Beach area.
4. Funding.
(a) The City Contribution. As consideration for FTP's efforts toward creating a calendar of premium
tennis events in Miami Beach, during the first Contract Year of the Term of this Agreement (From
October 1, 2016 through September 30, 2017; with "Contract Year" thereafter being defined as
every October 1-September 30 during the Term), the City shall provide funding to FTP, in the
amount of $100,000.00 ("City Contribution(s)") in equal quarterly payments commencing on
October 1, 2016. FTP shall submit a quarterly invoice for each payment of such City Contribution
and also submit the applicable status reports contemplated by Section 5 below. The City, in its sole
discretion, may condition payment upon FTP providing the requisite reports under this Agreement,
as set forth in Section 5 below. After the first Contract Year,subject to funding availability, the City
shall provide a City Contribution to FTP, in an amount of$100,000.00 annually, during the balance
of the Term. Except as set forth in this Section 4, and with respect to other costs which the City has
expressly agreed to pay under the terms of this Agreement, the City will have no other funding or
other payment obligations with respect to the operation of the Events.
Additional Contributions. As consideration for FTP's efforts toward exhibiting the Events,the City also agrees to
use good faith, diligent efforts to secure grant commitments of$125,000 of funding annually from other granting
agencies such as the Miami Beach Visitor and Convention Authority, Miami-Dade County Tourist Development
Council, and Florida Sports Foundation, from other city, state and related agencies and municipalities,to enable
FTP to sufficiently operate the Events. In the event such grant commitments are not forthcoming, City shall have
no obligation to provide any additional funds. As the additional grant funding is essential to ensuring the success
of the Events, in the event such grant funding is not forthcoming, the City and FTP shall develop a revised plan
for the activation of Events for which there is sufficient funding and, if the parties are not able to develop such a
plan to their mutual agreement, FTP shall have the option to terminate this agreement. In the event of termination
pursuant to this Section 4(a), FTP shall be entitled to retain or be compensated for,on a pro rata basis,the portion
of the City Contribution calculated weekly through the effective date of termination. FTP shall also be entitled to
payment for non-cancelable or non-refundable Event-related expenses contracted for prior to the date of
termination, up to and not to exceed the amount of the City Contribution to be made hereunder for the applicable
Contract Year of the Term.
(b) FTP may only use the City Contribution for securing and/or activating the Events specifically described
in Section 2. All expenditures will be subject to the terms of this Agreement.
5. Status Reports. The City Contribution has been authorized with the understanding that the activities and
services contemplated Section 2 will mutually contribute to the enhancement of services available to City
residents, businesses, and visitors. To demonstrate that the City Contribution is fulfilling, or has fulfilled, its
purpose, FTP must supply the City with a written report documenting that FTP has fulfilled (or is reasonably in
the process of fulfilling) all requirements as described in Exhibit "A". This report must be received by the City
within 30 days of the Event's completion date (For example, if the Event concludes on November 7 of any given
year, FTP must submit their final reports no later than December 7'h of that year). Notwithstanding the preceding,
and as a condition of disbursement of the City Contribution, the City Manager or his designee may require FTP to
submit an interim written report, detailing FTP's effort to such date. FTP and the City shall also confer on a
regular basis throughout the Term to ensure both Parties are working efficiently toward the hosting of the Events
and to detail and update the Parties' respective duties for exhibiting the Events.
6. City Support. The City shall provide to FTP with free or discounted venue for the Events in collaboration with
FTP as to the specific venue. At its discretion,the City may contribute additional resources to the Events and so,
promptly after the execution hereof,the Parties shall meet to develop a proposed budget and operational plan to
outline each Party's responsibilities with respect to the Events. For the avoidance of doubt, none of the expenses
of such budget for additional resources, if approved at City's discretion, shall be paid from the City Contribution
or any additional grant funding, if any.
7. Termination for Convenience. (a) City shall have the right to terminate this Agreement for its
convenience,without any continuing obligations to FTP except as expressly set forth herein, at any point after
November 1, 2016, on thirty(30)days advance written notice to FTP. As full compensation for work performed
by FTP through the date of termination, FTP shall be entitled to retain or be compensated for, on a pro rata basis,
the portion of the City Contribution calculated weekly through the effective date of termination. FTP shall also be
entitled to payment for non-cancelable or non-refundable Event-related expenses contracted for prior to the date
of termination, up to and not to exceed the amount of the City Contribution to be made hereunder for the
applicable Contract Year of the Term.
(b) Following the conclusion of the Events scheduled for any given year of the Term(contemplated for late
October/early November of each year), FTP shall have the right to terminate this Agreement at any time for its
convenience on or before any given January 1 during the Term,on thirty(30)days advance written notice to City.
In the event of such termination, FTP shall have no further continuing obligations to exhibit the Events or
otherwise to City, other than to refund to the City any portion of the City Contribution or other payments made for
the exhibition of any upcoming Events.
8. Indemnification. FTP shall indemnify and hold harmless the City and its officers, employees, agents and
contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the
City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to, or resulting from the grossly negligent
performance of this Agreement by FTP or its officers, employees, agents, servants, partners, principals or
contractors. FTP shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the indemnified party, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. FTP
expressly understands and agrees that any insurance protection required by this Agreement, or otherwise
provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and defend the City
or its officers, employees, agents and contractors as herein provided. City shall be solely responsible for its own
negligence and that of its officers, employees, agents and contractors,to the extent and limits provided pursuant to
Florida Statute 768.28.
9. Assignment: Neither party shall be permitted to assign this Agreement without the other party's prior written
consent, and any purported assignment will be void, and shall be treated as an event of default.
10. Compliance with Laws: FTP agrees to abide by and be governed by all applicable Federal, State, County and
City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance,
as amended, which is incorporated herein by reference as if fully set forth herein,and Chapter 2,Article VII of the
Miami Beach City Code, as amended,which is incorporated herein by reference as if fully set forth herein.
11. Default/Termination Provisions: In the event either Party shall fail to comply with any of the provisions of
this Agreement and fails to cure such non-compliance within fifteen (15) days following written notice thereof by
the City(each such failure to cure, a"Default"),then the non-defaulting Party may terminate this Agreement upon
giving five (5) calendar days written notice to FTP. In the event of any such termination pursuant to this Section
11, the defaulting Party shall remain liable for all damages, costs and expenses arising out of or related to its
Defaults, and the non-defaulting Party shall be fully discharged from any and all liabilities or duties arising out of
or related to this Agreement. In the event of FTP's termination for Default, the City shall withhold or cancel all
or any unpaid installments of the City Contribution or other funds committed for the Events pursuant to this
Agreement. For the avoidance of doubt, this Section 11 shall only apply to termination for Default and not
termination for convenience as contemplated in Section 7.
These provisions shall not waive or preclude the non-defaulting Party from pursuing any other remedies that may
be available to it under the law.
12. No Waiver of Breach: The failure of either Party at any time to require performance of any provision or to
resort to any remedy provided under this Agreement shall in no way affect the right of that Party to require
performance or to resort to a remedy at any time thereafter, nor shall the waiver by either Party of a breach be
deemed to be a waiver of any subsequent breach.
13. Written Notices: Any written notices required under this Agreement will be effective when delivered in
h receipt of a certified letter addressed to FTP at the address specified in Article I-1 of this
person or upon the p P
Agreement, and to the City when addressed as follows: City Manager's Office, 1700 Convention Center Drive,
4th Floor, Miami Beach, Florida 33139.
14. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only
and should not be deemed or construed as in any way limiting or extending the language or provisions to which
such captions may refer.
15. Entire Agreement: This Agreement, including its special conditions and exhibits, represents the whole and
total agreement of the Parties. No representations, except those contained within this agreement and its
attachments, are to be considered in construing its terms. No modifications or amendments may be made to this
Agreement unless made in writing signed by both Parties, and approved by appropriate action by the Mayor and
City Commission.
Article III/Miscellaneous Provisions
16. The City Contribution awarded herein is the result of a finding by the City, based on representatives,
documents, materials and other information supplied by FTP,that FTP is performing a public purpose through the
programs, projects, and/or services recommended for support. As such, use of City funds for any program
component not meeting this condition will be considered a breach of the terms of this Agreement and will allow
the City to seek remedies including, but not limited to,those outlined in this Agreement.
17. FTP also accepts and agrees to comply with the following Special Conditions:
FTP hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
prohibiting discrimination on the basis of race, color,national origin, handicap, or sex.
FTP hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in
Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting discrimination in
employment, housing and public accommodations on account of race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation,disability, marital status,financial status, or age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
barriers that prevent qualified individuals with disabilities from enjoying the same employment opportunities that
are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that FTP provide equal access and equal opportunity and
services without discrimination on the basis of any disability.
18. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with,the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation
arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND FTP
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT..
Reviewed and Agreed: Reviewed and Agreed:
[CITY OFil IAMI B DE. CH] FLORIDA TENNIS PROMOTIONS, LLC
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Date: • _�'-- 12,2016 CORP�ORATED�at . must ZI , 2016.
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EXHIBIT"A"
FTP DELIVERABLES
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EXHIBIT "A"
FTP DELIVERABLES
• Exhibit the final round of the 2017, 2018 and 2019 Senior Events at North Shore
Tennis Center
• Responsible for operating and managing all logistics and personnel of the Senior
Events and staging Senior Events in a professional manner
• Responsible for securing sanctioning from the ITF and paying exhibition fees
required by the ITF
• Provide the City with credentials to Senior Events as reasonably needed for the
purposes hereunder
• Manage and liaise with the ITF as necessary for the exhibition of the Senior
Events
Resolutions -C7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT ATTACHED AS
EXHIBIT "A" TO THIS RESOLUTION, BETWEEN THE CITY AND FLORIDA
TENNIS PROMOTIONS, LLC TO SECURE, HOST AND PRODUCE A SERIES OF
INTERNATIONAL TENNIS FEDERATION EVENTS AS SET FORTH IN EXHIBIT
"A"; SAID AGREEMENT HAVING A TERM OF THREE (3) YEARS COMMENCING
UPON EXECUTION; AUTHORIZING ANNUAL FUNDING IN THE AMOUNT OF
$100,000, SUBJECT TO ANNUAL BUDGET APPROPRIATION AND, FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS,
PROVIDED THAT IN THE EVENT THAT THE CITY AND APPLICANT DEEM IT
NECESSARY TO INCLUDE ANY NEW SUBSTANTIVE TERMS (WHICH ARE NOT
CONTAINED IN THE ATTACHED DRAFT AGREEMENT)THEN SUCH NEW
SUBSTANTIVE TERMS SHALL BE SUBJECT TO PRIOR APPROVAL BY THE
MAYOR AND CITY COMMISSION BEFORE FINAL EXECUTION THEREOF.
RECOMMENDATION
The Administration recommends the City Commission adopt the attached resolution.
ANALYSIS
On September 2, 2016, Commissioner Steinberg sponsored a discussion regarding a potential
tennis event in North Beach. The goal of this effort is to create a calendar of premium tennis
events in Miami Beach that will help to establish the City as a tennis and sporting capital in
Florida. This will attract new visitors and promote the destination worldwide. The participants
and spectators will also generate significant room nights and, therefore, resort taxes .
Following discussion, the Commission directed staff to continue discussions with the event
organizers and return to Commission for direction when more information was available. Staff
was also directed to work with Miami Beach Tennis Management to ensure they are involved. On
March 9, 2016, the City Commission passed a motion endorsing the concept of an agreement
with CAA whereby the City would commit$100,000 toward the production of the event.
The Administration has continued discussions with Creative Artists Agency, CAA, and the
International Tennis Federation (ITF) for a commitment to host several events in Miami Beach
over the next few years. CAA is one of the world's leading talent and sports agencies. The ITF
is the world governing body of professional tennis with 210 member nations. They organize the
Page 404 of 2277
world cup of tennis (Davis Cup / Fed Cup), which has participation from more than 122 nations
with approximately 129 million viewers worldwide.
The following is a summary of the proposed events:
1. 2017 ITF Worldwide Coaches Conference by BNP Paribas will be held between
October 2017 and November 2017. This is a three (3) — five (5) day event with
approximately 1,200 attendees and 500 — 600 hotel rooms, totaling approximately 2,000
room nights.
2. 2018 ITF Annual General Meeting to be held within two weeks of the conclusion of the
US Open Tennis Tournament in September 2018. This is a four (4) to six (6) day event with
hundreds of attendees from the 210 member nations.
3. ITF Seniors World Team and Individual Championships to be held in 2017 and 2018, in
two consecutive weeks, usually mid-year or in the second half of the year, on dates to be
agreed upon. This tournament is anticipated to attract 100 — 130 teams with approximately
500 players. Coaches and family also attend.
In 2014, the ITF Seniors World Team and Individual Championships were held in Palm Beach
Gardens. The team tournament attracted participants from 39 countries, the largest number of
countries ever to be represented at the event and the individual tournament attracted
participants from 52 countries. The Palm Beach Sports Commission estimated the economic
impact of the event at more than $2.5 million.
The City has also discussed hosting the ITF Seniors World Team and Individual Championships
at North Shore Tennis Center with Howie Orlin of Miami Beach Tennis Management. Although
there are still a number of details to work out, Mr. Orlin is willing to work with the City and event
organizer CAA to produce a successful tournament.
In exchange for committing to bringing and producing the aforementioned events, CAA is
requesting a financial commitment from the City of $100,000 annually, subject to annual budget
approval, toward the events. CAA would be responsible for securing the remaining funds in
cash or in-kind sponsorships to successfully produce the events.
The following summarizes the key terms of the attached agreement:
1. Engagement: CAA shall endeavor to secure from the International Tennis Federation
("ITF"), the world governing body of professional tennis, a collection of tennis events
substantially similar to those set events forth below, to be exhibited during the Term with
the cooperation of both CAA and the City on terms more fully set forth herein (collectively,
the "Events"):
2017, 2018 and 2019 Senior Events, which means the Seniors World
Individual and Team Championships for 50, 55 and 60 year olds in 2017, 2018
and 2019.
Date: To be determined by ITF in consultation with CAA and the City,
contemplated to be in late October or early November of each year.
1 . Exclusivity: CAA shall be the City's exclusive representative for the brokering,
hosting and general exhibition of tennis events involving the City during the Term.
2 . The City_Contribution: As consideration for CAA's efforts toward creating a
calendar of premium tennis events in Miami Beach, during the first Contract Year of the
Term of this Agreement (From October 1, 2016 through September 30, 2017; with
"Contract Year" thereafter being defined as every October 1-September 30 during the
Term), the City shall provide funding to CAA, in the amount of $100,000.00 ("City
Contribution(s)") in equal quarterly payments commencing on October 1, 2016. CAA
shall submit a quarterly invoice for each payment of such City Contribution and also
submit the applicable status reports contemplated by Section 5 below. The City, in its
sole discretion, may condition payment upon CAA providing the requisite reports under
Page 405 of 2277
this Agreement, as set forth in Section 5 below. After the first Contract Year, subject to
funding availability, the City shall provide a City Contribution, in an amount of $100,000.00
annually, during the balance of the Term. Except as set forth in this Section 4, and with
respect to other costs which the City has expressly agreed to pay under the terms of this
Agreement, the City will have no other funding or other payment obligations with respect
to the operation of the Events.
3 . Additional Contributions: As consideration for CAA's efforts toward exhibiting
the Events, the City also agrees to use good faith diligent efforts to secure grant
commitments of $125,000 of funding annually from other granting agencies such as the
Miami Beach Visitor and Convention Authority, Miami-Dade County Tourist Development
Council, and Florida Sports Foundation, from other city, state and related agencies and
municipalities, to enable CAA to sufficiently operate the Events. In the event such grant
commitments are not forthcoming, City shall have no obligation to provide any additional
funds. As the additional grant funding is essential to ensuring the success of the Events,
in the event such grant funding is not forthcoming, the City and CAA shall develop a
revised plan for the activation of Events for which there is sufficient funding and, if the
parties are not able to develop such a plan to their mutual agreement, CAA shall have the
option to terminate this agreement. In the event of termination pursuant to this Section
4(a), CAA shall be entitled to retain or be compensated for, on a pro rata basis, the
portion of the City Contribution calculated weekly through the effective date of
termination. CAA shall also be entitled to payment for non-cancelable or non-refundable
Event-related expenses contracted for prior to the date of termination, up to and not to
exceed the amount of the City Contribution to be made hereunder for the applicable
Contract Year of the Term.
4 . City Support: The City shall provide to CAA with free or discounted venue for the
Events in collaboration with CAA as to the specific venue. At its discretion, the City may
contribute additional resources to the Events and so, promptly after the execution hereof,
the Parties shall meet to develop a proposed budget and operational plan to outline each
Party's responsibilities with respect to the Events. For the avoidance of doubt, none of
the expenses of such budget for additional resources, if approved at City's discretion,
shall be paid from the City Contribution or any additional grant funding, if any.
5. Termination for Convenience:
(a) City shall have the right to terminate this Agreement for its convenience,
without any continuing obligations to CAA except as expressly set forth herein, at
any point after November 1, 2016, on thirty (30) days advance written notice to
CAA. As full compensation for work performed by CAA through the date of
termination, CAA shall be entitled to retain or be compensated for, on a pro rata
basis, the portion of the City Contribution calculated weekly through the effective
date of termination. CAA shall also be entitled to payment for non-cancelable or
non-refundable Event-related expenses contracted for prior to the date of
termination, up to and not to exceed the amount of the City Contribution to be
made hereunder for the applicable Contract Year of the Term.
(b) Following the conclusion of the Events scheduled for any given year of the
Term (contemplated for late October/early November of each year), CM shall
have the right to terminate this Agreement at any time for its convenience on or
before any given January 1 during the Term, on thirty (30) days advance written
notice to City. In the event of such termination, CAA shall have no further
continuing obligations to exhibit the Events or otherwise to City, other than to
refund to the City any portion of the City Contribution or other payments made for
Page 406 of 2277
the exhibition of any upcoming Events.
CONCLUSION
The Administration recommends the City Commission adopt the attached resolution.
KEY INTENDED OUTCOMES SUPPORTED
Maximize The Miami Beach Brand As A World Class Destination
FINANCIAL INFORMATION
As consideration for CAA's efforts toward creating a calendar of premium tennis events in Miami
Beach, the City shall provide funding to CAA, in the amount of $100,000.00. After the first
Contract Year, subject to funding availability, the City shall provide a City Contribution, in an
amount of$100,000.00 annually, during the balance of the Term.
Amount 1 $100,000 Account 1 160.4300.000349
Total $100,000
Legislative Tracking
Tourism, Culture, and Economic Development
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
❑ Resolution
❑ Agreement
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