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2015-29213 Reso RESOLUTION NO. 2015-29213 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 2015 MIAMI BEACH BOWL,A POST-SEASON COLLEGE FOOTBALL GAME AT MARLINS PARK ON DECEMBER 21, 2015. 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 21, 2015; 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 Washington Economic Group conducted a study following the 2014 game and 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, team members, bands, cheerleaders, and fans visiting the area to attend the Miami Beach Bowl stay at Miami Beach hotels, including prominent hotels such as Fontainebleau, Loews Miami Beach and Eden Roc; and WHEREAS, the Administration recommends that the City sponsor the 2015 Miami Beach Bowl with a sponsorship of$150,000, in exchange for the City's recognition as an associate sponsor of the event; and WHEREAS, the sponsorship agreement between the City and Miami Beach Bowl LLC 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 2015 Miami Beach Bowl, a post-season college football game at Marlins Park on December 21, 2015. PASSED and ADOPTED this 9th day of December, 2015. ATTEST: a 1 $ alifkumPf MATEY ." Ato," -'' PHILIP ,EV ",7 vAYOR f q / r r 1 APPROVED AS TO 11-111 f �r , FORM&LANGUAGE RA AE L . RANA , CITY CLERK > ' ; 8 FOR EXECUTION JLM/KGB/MAS T:\AGENDA\2015\December\TCED\Miami Beach Bowl\Miami Beach Bowl Reso.doc City Attorney Date t'j COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing A Contribution In The Amount Of One Hundred Fifty Thousand Dollars ($150,000), To The Miami Beach Bowl, In Support Of The Miami Beach Bowl 2015. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Miami Beach Bowl is a newly created postseason college football game under the ownership of the American Athletic Conference, which will take place at Marlins Park on December 21, 2015. The Miami Beach Bowl has signed a 6 year contract with Marlins Park along with an 8 year deal with ESPN to broadcast the game. The bowl week schedule consists of four days of activities taking place on Miami Beach, with all team travel parties, bands, cheerleaders and fans staying at Miami Beach hotel properties, including our headquarter properties, Fontainebleau, Loews Miami Beach and Eden Roc. 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, which incorporated the city's name in the bowl game title, in excess of 455 million media impressions for the City with a value of$17,791,000. Additionally, The Washington Economic Group conducted a study following the 2014 game 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 at the game itself. The Administration believes the City should continue to support the Miami Beach Bowl with a contribution of$150,000. In exchange for this contribution, the Miami Beach Bowl has agreed to recognize the City as an Associate Sponsor, the details of the recognition is attached for your review. Advisory Board Recommendation: N/A Financial Information: Source of Funds: Amount Account 1 $150,000 Resort Tax acct# 160-4300-000349 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Max Sklar, Tourism, Culture, and Economic Development Director Sign-Offs: partm I t Director Assistant City Manager I,City Manager 4 AGENDA ITEM 7/11 Mr MIAMI BEACH DATE /2- 9 !f MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t - City Co ission FROM: Jimmy L. Morales, City Manager 1 DATE: December 9, 2015 SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVIN AND AUTHORIZING A CONTRIBUTION IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS($150,000), TO THE MIAMI BEACH BOWL, IN SUPPORT OF THE MIAMI BEACH BOWL 2015. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING $150,000 is available in the FY 2015/16 Resort Tax acct# 160-4300-000349 BACKGROUND The American Athletic Conference, also known as the AAC, is an American collegiate athletic conference with member institutions located in the northeastern, midwestern, and southern part of the United States. The AAC participates in the National Collegiate Athletic Association (NCAA) Division I in athletic competitions; for football, it is a part of the Football Bowl Subdivision (FBS). The AAC has member institutions that are spread throughout a wide portion of the United States. The majority of its members are located in urban metropolitan areas, or at least on the fringes thereof. The conference is one of two successors to the all-sports Big East Conference(1979-2013).While the other successor,which does not sponsor football, kept the Big East Conference name, the American Athletic Conference inherited the old Big East's structure and is that conference's legal successor. The prior league underwent substantial turmoil during the 2010-13 NCAA conference realignment period. The AAC is currently one of the six automatic qualifying conferences of the Bowl Championship Series (BCS), also known as a "Power Six Conference." The conference inherited the old Big East's BCS berth for the 2013 season. However, the new conference lost its automatic berth as part of the College Football Playoff and become a part of the "Group of Five", which shares automatic access to one spot in the six premier bowl games. The other four conferences in the group are Conference USA (C-USA), the Mid-American Conference (MAC), the Mountain West Conference, and the Sun Belt Conference. The Miami Beach Bowl is a newly created postseason college football game under the ownership of the American Athletic Conference, which will take place at Marlins Park on December 21, 2015. This is the second year of the Miami Beach Bowl, which has signed a 6 year contract with Marlins Park along with an 8 year deal with ESPN to broadcast the game. City Commission Meeting Miami Beach Bowl December 9, 2015 Page 2 of 2 The bowl week schedule consists of four days of activities taking place on Miami Beach,with all team travel parties, bands, cheerleaders and fans staying at Miami Beach hotel properties, including our headquarter properties, Fontainebleau, Loews Miami Beach and Eden Roc. 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,which incorporated the city's name in the bowl game title, in excess of 455 million media impressions for the City with a value of$17,791,000. Additionally, The Washington Economic Group conducted a study following the 2014 game 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 at the game itself. The Administration believes the City should continue to support the Miami Beach Bowl with a contribution of $150,000. In exchange for this contribution,the Miami Beach Bowl has agreed to recognize the City as an Associate Sponsor, the details of the recognition is attached for your review. CONCLUSION The Administration recommends the adoption of the attached Resolution. JLM/KGB/MAS T:\AGENDA\2015\December\TCED\Miami Beach Bowl\Miami Beach Bowl Memo.doc MIAMI BEACH BOWL, LLC. SPONSORSHIP AGREEMENT This Sponsorship Agreement, dated as of 10/28/2015, is by and between the Miami Beach Bowl LLC with offices located at 501 Marlins Way, Miami, FL 33125 ("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: 2015 Miami Beach Bowl (the"Event") II. TERM: 2015 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 21", 2015 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 In the event MBB materially fails to perform any of its obligations under this Agreement, City may terminate this Agreement with cause, and MBB shall promptly return to City the pro-rata portion of the Sponsorship Fee previously paid to MBB, representing the value of any benefits not received by City under this Agreement. In the event City materially fails to perform any of its obligations under this Agreement, MBB may terminate this Agreement. In no event shall City's liability under this Agreement exceed the then-remaining balance of the Sponsorship Fee that may be due as of the date of termination. City's liability under this Agreement shall be limited to the Sponsorship Fee, less any portion of the Sponsorship Fee previously paid to MBB. In no event shall City be liable to MBB for any amounts that exceed 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) MBB's 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 ("MLB") in all respects. For the avoidance of doubt, the rights granted by MBB hereunder shall not DC:5257947-2 1 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. All goodwill resulting from any 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 any 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 as 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 state 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 -- Name: Carlos Padilla Title: .'txecutive Director 2 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 shall provide Sponsor with the following: • 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 • Two Thousand (2,000) 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 • Ten (10) VIP Gift Bags • 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 3