2016-29667 Reso RESOLUTION NO. 2016-29667
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A SPONSORSHIP AGREEMENT
WITH MIAMI BEACH BOWL LLC, IN THE AMOUNT OF ONE HUNDRED
FIFTY THOUSAND DOLLARS ($150,000), TO SPONSOR THE 2016
MIAMI BEACH BOWL,A POST-SEASON COLLEGE FOOTBALL GAME
AT MARLINS PARK ON DECEMBER 19, 2016.
WHEREAS, the American Athletic Conference ("AAC") is an American collegiate
athletic conference with member institutions located in the northeastern, midwestern, and
southern regions of the United States; and
WHEREAS, the AAC participates in National Collegiate Athletic Association
("NCAA") Division I athletic competitions; with regards to football,the AAC forms part of the
Football Bowl Subdivision ("FBS"); and
WHEREAS, the AAC is currently one of the six automatic qualifying conferences of
the Bowl Championship Series ("BCS"), also known as a "Power Six Conference"; and
WHEREAS, the Miami Beach Bowl is a newly created postseason college football
game, under the ownership of the AAC, that will take place at Marlins Park on December
19, 2016; and
WHEREAS, Miami Beach Bowl LLC has signed a 6-year contract with Marlins Park
along with an 8-year contract with ESPN to broadcast the game; and
WHEREAS, the City's sponsorship of the inaugural 2014 game,which incorporated
the City's name in the bowl game title, generated in excess of 455 million media
impressions for the City, with a value of $17,791,000; and
WHEREAS, the City's sponsorship of the 2015 game, which also incorporated the
City's name in the bowl game title, generated in excess of 461 million media impressions
for the City, with a value of$16,894,815; and
WHEREAS, a Washington Economic Group study estimated that the inaugural
Miami Beach Bowl produced a $20 million economic impact to the area in direct and
indirect/induced spending; and
WHEREAS, the Miami Beach Bowl Week schedule consists of four days of activities
in Miami Beach; and.
WHEREAS, the team members, band, cheerleaders, and fans of one of the
participating teams will stay at the Loews Miami Beach; and
WHEREAS, the Administration recommends that the City sponsor the 2016 Miami
Beach Bowl, with a sponsorship contribution of $150,000, in exchange for the City's
recognition as a sponsor of the event and in exchange for the deliverables set forth in the
Sponsorship Agreement, which is attached hereto as Exhibit "A".
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 and authorize the City Manager to execute a sponsorship
agreement with Miami Beach Bowl LLC, in the amount of$150,000, to sponsor the 2016
Miami Beach Bowl, a post-season college football game at Marlins Park on December 19,
2016.
PASSED and ADOPTED this IV day of December, 2016.
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FORM & LANGUAGE
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City Attorney Date
Resolutions - C7 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A SPONSORSHIP AGREEMENT WITH MIAMI BEACH
BOWL LLC, IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000), TO SPONSOR THE 2016 MIAMI BEACH BOWL, A POST-SEASON
COLLEGE FOOTBALL GAME AT MARLINS PARK ON DECEMBER 19, 2016.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Miami Beach Bowl is a postseason college football game under the ownership of the
American Athletic Conference (AAC), with its third edition taking place Monday, December 19,
2016 at 2:30 PM. The game is broadcast live on ESPN, with whom the AAC has an additional
five year agreement to carry the telecast.
The game will see a to be announced football member school of the AAC play against a to be
announced school from Conference USA (C-USA), the Mid-American Conference (MAC), the
Mountain West Conference, and the Sun Belt Conference. Previous Miami Beach Bowl match-
ups have featured Memphis versus Brigham Young University in 2014 and Western Kentucky
versus the University of South Florida in 2015.
The bowl week schedule consists of four days of activities taking place in Miami Beach and the
City of Miami, with one of the two team travel parties, band, cheerleaders and fans staying at the
Loews Miami Beach. In the past, both teams stayed in Miami Beach, but this year, neither the
Fontainebleau nor Eden Roc hotels, which have hosted the teams the past two years, had
availability. The Loews will host both teams for beachfront barbecue and games and a pep rally,
and the AAC team will practice at the Flamingo Park football field.
The Miami Beach Bowl's goal is to increase awareness of Miami Beach as a travel destination
while increasing economic impact during a relatively and historically slower tourism week each
year (pre-Christmas). The City's sponsorship of the 2014 inaugural game generated in excess
of 455 million media impressions for the City, with a value of $17,791,000. The 2015 game
generated over 461 million media impressions for the City, with a value of $16,894,815.
Page 440 of 1191
Additionally, The Washington Economic Group conducted a study and estimated a $20 million
economic impact to the area in direct and indirect/induced spending.
The Administration has been working with the Miami Beach Bowl to ensure a strong presence
for them in the City and the game itself. The Miami Beach Bowl offers Miami Beach residents
exclusive access to discounted game tickets and provides a number of complimentary tickets to
Miami Beach students. A copy of the sponsor agreement is attached. The Administration
believes the City should continue to support the Miami Beach Bowl with a contribution of
$150,000.
CONCLUSION
The Administration recommends the adoption of the attached Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Maximize The Miami Beach Brand As A World Class Destination
Amount 1 $150,000 Account 1 Resort Tax acct# 160-4300-000349
Legislative Tracking
Tourism, Culture and Economic Development
ATTACHMENTS:
Description
❑ Agreement
❑ Resolution
Page 441 of 1191
•
MIAMI BEACH BOWL, LLC. SPONSORSHIP AGREEMENT
This Sponsorship Agreement, doted as of 11/11/2016, is by and between the Miami Beach Bowl LLC with offices locoted at 501 Marlins Way,
Miami, FL 33 125 ("MBB")and the City of Miami Beach with offices at 1700 Convention Center Drive,Miami Beach, FL 33139 ("Sponsor")
(each a "party"and collectively the "parties")
The parties agree as follows:
I. EVENT: 2016 Miami Beach Bowl (the "Event")
II. TERM: 2016 Miami Beach Bowl (the "Term")
III. CONSIDERATION: Sponsor shall pay MBB the amount set forth in Exhibit A (the "Sponsorship Fee")
IV. DATE OF EVENT, SITE OF EVENT. DISTRIBUTION DETAILS:
a) The anticipated "Dates" of the Event are (subject to change in MBB's sole discretion): December 19, 2016
b) MBB may choose to, but is not obligated to, distribute the event live or on tape-delay via all means and media now known or
hereafter devised.
c) The Event shall take place at Marlins Park in Miami, FL (the"Site").
V. OBLIGATIONS OF THE PARTIES: The obligations of the parties related to the sponsorship of the Event are set forth in Exhibit A,
attached hereto and incorporated by this reference.
VI. GRANT OF RIGHTS
Sponsor grants to MBB a nonexclusive, perpetual, worldwide right and license to use Sponsor's trade/service marks, as provided by
Sponsor to MBB, in furtherance of MBB's promotion and distribution of the Event (including, but not limited to, in the creation and
distribution of an Event-related merchandise, in-Site signage, and within the audio-video distribution of the Event). Sponsor may use the
Event trade/service marks of MBB that relate to the Event upon prior, written approval of MBB in each instance, which approval may be
granted or withheld in MBB's sole discretion.
VII. CANCELLATION/TERMINATION
MBB may cancel or postpone the Event and/or terminate this Agreement, in its sole discretion. In such event, MBB shall advise Sponsor
of any cancellation or postponement and shall use commercially reasonable efforts to remit to Sponsor a pro rota refund or "make
good" inventory.
Sponsor may not terminate this Agreement, and if Sponsor materially breaches this Agreement (including, but not limited to, failure to
remit the Sponsorship Fee), Sponsor agrees to pay as liquidoted damages, the full amount of the Sponsorship Fee.
VIII. INDEMNIFICATION
a) MBB shall indemnify and hold harmless Sponsor from and against any and all demands, claims, suits, causes of action (whether at
law or in equity) costs, expenses and reasonable attorney's fees, and/or any liability whatsoever, for any injuries and/or damages
whatsoever sustained by anyone,whether to their persons, property, and/or reputation,as a result of or incident to(i)the negligent
acts or willful misconduct of MBB, its employees, agents, or subcontractors; (ii) MBB's unauthorized use of Sponsor's marks; (iii)
MBB's breach or(in the case of third part claims only)alleged breach of this Agreement or any applicable law.
b) The parties'obligations to indemnify survive the expiration or termination of this Agreement.
IX. MISCELLANEOUS
This Agreement shall be subject to the rules and regulations of the National Collegiate Athletic Association ("NCAA") and, as
applicable, Major League Baseball ("MLR") in all respects. For the avoidance of doubt, the rights granted by MBB hereunder.shall not
include any right to use any trade/services marks of the NCAA or its members, the Office of the Commissioner of Baseball ("MLB") or
its affiliates or member clubs, the Site,or of any participant in the Event.
DC:5257947-2 1
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All goodwill resulting from ony uses of the MBB marks licensed to Sponsor hereunder shall inure to the benefit of MBB and Sponsor shall
use such marks only in compliance with MBB's guidelines, standards and directions relating thereto. In no event will Sponsor imply the
existence of any endorsement, association or official relationship between any person (including Sponsor) and any participant in the
Event or any coach, player, team, official or other person (including the Site and ony MLB club, player, coach, etc.).
No marketing exclusivity in any category or with respect to any competitors of Sponsor is conferred or implied by this Agreement except
to the extent explicitly set forth on Exhibit A. Any marketing exclusivity set forth on Exhibit A shall not preclude or prevent signage,
advertising and promotional arrangements made by, and shall be subject in all events to, (the NCAA,] the Site, Major League Baseball
and their respective affiliates.
All use by Sponsor and Sponsor's invitees of any hospitality benefits granted hereunder shall be subject to the rules, regulations and
policies established from time to time by MBB and may be revoked in the event of the failure of Sponsor or Sponsor's invitees to comply
with such rules, regulations or policies, including the ejection of Sponsor's invitees (e.g., for drunken or disorderly conduct). As between
MBB and Sponsor, Sponsor shall be solely responsible for any actions or inactions on the part of Sponsor and its invitees.
Sponsor shall not set off against the Sponsorship Fee owing to MBB hereunder any amount owed by MBB to Sponsor. Sponsor is
responsible for paying the following items directly and shall not deduct from or offset such items against the Sponsorship Fee: (1) any
agency fees or commissions Sponsor incurs in connection with the transaction contemplated hereby; or (2) any tax, fee or levy that any
federal, state or local government agency imposes on the transactions contemplated by this Agreement. Sponsor's obligation in the
previous clause excludes any taxes payable by MBB based on income, revenues, gross receipts or similar taxes. Sponsor shall
reimburse MBB for any amount described in the second sentence of this paragraph that MBB becomes obligated to pay.
The parties agree that neither party shall be liable for, and in no event whatsoever shall damages or other award based on this
Agreement or the performance or failure to perform any provision hereof include, any recovery for loss-of-profits, loss-of-business,
special,consequential or punitive damages.
This Agreement shall be subject to, and the parties agree to abide by all federal, state and local laws and regulations os well as
decision, actions and orders of the Federal Communications Commission as may be amended from time to time.
No party may assign this Agreement without the prior written approval of the other party, provided that without obtaining such
approval, MBB and Sponsor may assign to any successor (by way of merger, acquisition or otherwise) to all or substantially all of the
business to which this Agreement relates.
This Agreement shall be interpreted by, governed by and enforced in accordance with the laws of the stote of Florida without giving
effect to principles of conflicts of law thereof.
All rights not specifically granted in this Agreement are expressly reserved by MBB and Sponsor, respectively.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
SPONSOR Miami Beach Bowl LLC
By: By: American Athletic Conference, its Managing Member
Nome: By:
Title: Name:
Title:
APPROVED AS TO
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City Attorney ` Dot.-
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EXHIBIT A
Sponsorship Fee:
Sponsor to provide MBB:
1. As consideration of the commitments outlined herein, Sponsor will provide all elements of agreement
for the amount as outlined below.
i. The fee of $150,000 shall be paid to MBB within 30 days of reciept.
Sponsorship Elements:
MBB to provide Sponsor:
• One (1) Full Page, Full Color Ad in the Souvenir Game Program
• Mayor Levine Welcome Letter in the Souvenir Game Program
• Four (4) :15 Second PA Announcements Per Quarter with Logo Recognition on the Video Board
• One (1) Permanent Logo Placement on the LED Ribbon Board Throughout Game Day
• Four (4) Field Wall Logo Placements in Premium Television View
• One (1) Logo/Link on the Partners Page of Official Bowl Website
• One (1) Logo on the"Thank You" Page in the Souvenir Game Program
• Logo Inclusion on LED Ribbon Board at Marlins Park
• Minimum of(300) Game Tickets
• Twenty-five (25) Passes to the In-Game All Inclusive VIP Lounge (Food, Beer, Wine and Soda)
• Twenty-five (25) Parking Passes
• Ten (10) Pre/Post VIP Field Passes
• Four (4) All Access Passes
• Four (4) Invitations (Eight People) to the Commissioner's Dinner
• Ten (10) Invitations to the South Beach Soiree VIP Party on Lincoln Road
• Participation in the Trophy Presentation
• "MIAMI BEACH" Prominently Painted in Both End Zones
• Two (2) :30 Second TV Spots Live on ESPN
• "MIAMI BEACH" Inclusion in Official Bowl Name and Logo
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