Loading...
Pro Footvolley Tour, LLC. Sponsorship Agreementaal7- a7q©/ PRO FOOTVOLLEY TOUR, LLC. SPONSORSHIP AGREEMENT THIS AGREEMENT is made and entered Into this day of OCT, , 2017, by and between the City of Miami Beach ("CMB") and Pro Footvolley Tour, LLC. a limited •liability corporation authorized to do business in the State of Florida ("Pro Footvolley"). WITNESSETH: WHEREAS, the CMB desires to sponsor the '2017 World Footvolley Classic' (the "Event"), a special event registered with CMB under permit number # 2017191, that will take place In Lummus Park (the "Stadium Site"), on Miami Beach, from July 27-30, 2017, as more specifically set forth in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Pro Footvolley is willing to produce, promote and hold the '2017 World Footvolley Classic' on Miami Beach; and WHEREAS, the CMB is willing to support Pro Footvolley for producing, and implementing, the scheduled event by waiving all municipal fees related to the event including Special Event fees, permit fees, and user fees; and providing funding in the amount of $10,000 paid directly to Pro Footvolley to off- set City services from the Police Department, Fire Department and Building Department and infrastructure costs including the rental costs of a beach stadium, fencing, and staging, NOW, THEREFORE, in consideration of the mutual promises and covenants made herein, CMB and Pro Footvolley agree as follows: 1. The term of this Agreement will commence retroactively on July 24, 2017, and end on July 31, 2017. It Is hereby understood that the Event shall be held rain or shine, 2. Pro Footvolley will produce and promote the Event and arrange for all athletes and teams to participate In the Event, The parties hereby agree that at all times the Event shall be known and promoted under the title of the "2017 World Footvolley Classic". Pro Footvolley is responsible for the conduct and operation of the Event and will provide the appropriate officials to conduct the Event. The CMB is under no obligation to fund subsequent events. 3. The term "Event" as used herein shall include the event designated above and as set forth in Exhibit "A". Further, CMB shall not be a party to any Independent contracts Pro Footvolley may enter into with other organizations, contractors, or participants in the Event and/or supporting activities nor shall CMB be liable to such third parties. Pro Footvolley shall not represent that it is an agent, official, authorized representative or employee of CMB. 4. Pro Footvolley shall be responsible for any and all compensation that may be due to any and all athletes, teams, organizations, event sanctioning bodies, participants and competitors and CMB shall have no such responsibility, obligation or liability. CMB shall not be responsible or liable to competitors for prize money payments. 5. Warranties. Pro Footvolley warrants and represents that it has all necessary rights, authority, licenses and permits necessary to enter into this Agreement, to grant the rights and licenses herein granted, and to carry out its responsibilities as set forth herein. Pro Footvolley shall utilize the sponsorship benefits and conduct and operate the Event in accordance with all applicable laws, and without endangering others or violating their rights 1 6. Pro Footvolley shall purchase and obtain all required Event Insurance policies for General Liability coverage in the amount of at least $2,000,000.00 General Aggregate: $2,00Q000.00 Products/Completed Operations, $1,000,000.00 Personal and Advertising Injury, $1,000,000.00 per occurrence, covering CMB, and all participants, no later than 10 days prior to the Event, and provide a CERTIFICATE OF INSURANCE to the CITY'S Risk Manager. Pro Footvolley shall also provide liquor liability insurance in the amount of $1,000,000.00 and Host liquor liability insurance In the amount $1,000,000.00. All insurance policies shall name CMB as additional insured and Certificate Holder. 7. Pro Footvolley shall obtain all applicable federal, state and local approvals, permits and licenses relating to any and all activities of the Event. 8. Pro Footvolley agrees to Indemnify and hold harmless CMB, its Officers, Agents and Employees against any loss, damage or expense (including all costs and reasonable attorneys' fees) suffered by CMB from (a) any breach from Pro Footvolley of this Agreement, (b) any inaccuracy in or breach of any of the representations, warranties of covenants made by Pro Footvolley herein, (c) any claims, suits, actions, damages or causes of action, including for any personal injury, loss of life or damage to property sustained by reason or as a result of the use of the Stadium Site by Pro Footvolley, its agents, employees, invitees, and all other persons, and (d) any claims, suits, actions, damages or causes of action of any kind whatsoever, including for any personal injury, loss of life or property damage sustained by reason of this Agreement, its execution and/or its performance by Pro Footvolley or the participants in the Event. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of CMB relating to such loss or damage and shall include all costs, expenses and liabilities incurred by CMB in connection with anysuch claim, suit, action or cause of action, including the investigation thereof and the defense of any action or proceeding brought thereon and any order, judgment or decree which may be entered in any such action or proceeding or as a result thereof. Nothing in this Agreement shall be construed to affect in any way CMB rights, privileges, and immunities under the doctrine of "sovereign immunity" and as set forth in Florida Statues, Section 768.28. 9. As part of Pro Footvolley's national, regional, and international distribution telecasts of the Event, Pro Footvolley will produce at no cost to the CMB a minimum of sixty (60) seconds of beauty spots of Miami Beach per broadcast. All national and regional telecasts and tourism type beauty shot shall be produced at no cost to the CMB. 10. Pro Footvolley shall provide on-screen graphics 'Miami Beach 2017' as part of the television broadcast scoreboard during the television broadcasts. 11. Pro Footvolley will place CMB banner signs in key locations courtside and above within the Stadium Site. Further, Pro Footvolley will place CMB logos predominately on all promotional materials and the host site will appear in all advertising and promotional m aterials. 12. Pro Footvolley will also tag CMB on all digital distribution, also referred to as social media, regarding event of high quality content relevant to mainstream sports fans, Digital distribution postings shall be done in English, Spanish, Portuguese where relevant. 13. Pro Footvolley will use logo provided by CMB on all event advertising efforts leading up to the event. This includes local television partners, social media campaigns, radio efforts, and local newspaper. 14. All promotional materials Including, without limitation, advertising, telecasts, signage and social media publications shall be subject to CMB's prior written approval. Pro Footvolley 2 shall cease using all logos or other CMB marks upon the expiration of the term. Additionally, CMB reserves the right to require the removal of its logo/marks from any promotional materials. This paragraph shall survive the expiration of this Agreement. 15. CMB is responsible for the following: a) CMB shall waive special permit fees related to the Event, in a total amount not to exceed $5,000.00, including Special Event fees, permit fees, vehicle fees, square footage fees and Lummus Park user fees. b) CMB shall reimburse Pro Footvolley for infrastructure and resource support costs including the rental costs of a beach stadium, fencing, and staging, Building permits for these elements, Police and Fire staffing and sanitation/ sand sifting requirements, in a total amount not to exceed $10,000.00. c) Within forty-five (45) days from completion of the Event, Pro Footvolley must submit a payment request for the municipal costs and infrastructure support costs, including invoices with corresponding proof of payments. CMB may request additional documents to substantiate the payment request. CMB shall pay Pro Footvolley within forty-five (45) days from receipt of a complete payment request. d) After expiration of the term, CMB shall have the right to use the title of the Event or any footage of the Event, in connection with any City produced publication including the City produced magazine or any City media outlets, such as MBTV. 16. Pro Footvolley is responsible for the following; a) Pro Footvolley shall be responsible for any and all compensation that may be due to any and all vendors, participants, athletes, teams in the 2017 World. Footvolley Classic, and CMB shall have no responsibility, obligation or liability. b) Arranging for vendor concessions inside the Stadium Area for beer, water and soda sales. Pro Footvolley will collect all proceeds from the concessions. The food vendors are allowed to distribute free food and beverage samples to stadium patrons. CMB shall have no responsibility, obligation or liability relating to vendor concessions. c) Pro Footvolley shall be responsible for handling all media vendors and organizations and will be solely responsible for handling all issues relating to the media vendors. d) Pro Footvolley shall require all participants, competitors, organizations, media vendors and concessionaires involved in the Event to execute an Indemnification and Hold Harmless Agreement for the benefit of CMB, e) Pro Footvolley shall retain any and all rights to the event related apparel and/or equipment sales. 17. Events of Default, Termination of Agreement and Remedies. a) The following shall constitute events of default: 3 1) Any material misrepresentation, written or oral, made by Pro Footvolley and/or its representatives to CMB. 2) Failure by Pro Footvolley to timely perform and/or observe any and all of the terms and conditions of this Agreement. 3) Insolvency or bankruptcy on the part of Pro Footvolley. b) The occurrence of any event of default by Pro Footvollley may, at the sole option of CMB, work as an immediate and automatic forfeiture of any rights conferred under this Agreement. c) In the event that Pro Footvolley defaults, CMB shall have all legal remedies available to it, including but not limited to termination of this Agreement upon ten (10) days written notice to Pro Footvolley. 18. Pro Footvolley shall not assign its rights under this Agreement, 19. This Agreement shall constitute the entire agreement between the parties, and no warranties, inducements, considerations, promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein. 20. This Agreement shall be governed as to performance and interpreted in accordance with the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Miami -Dade County, Florida. 21. It is expressly understood and agreed that this Agreement is for the duration of this Event only and that Pro Footvolley has no right or privilege other than that expressly provided herein. 22. Pro Footvolley agrees that nothing herein contained is intended or should be construed as in any way creating or establishing the relationship of partners of joint ventures between CMB and Pro Footvolley, or as constituting Pro Footvolley or any officer, owner, employee or agent of Pro Footvolley as an agent, representative or employee of CMB for any purpose or in manner whatsoever, and that it shall not represent to any third parties that such is the case. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 4 EXHIBIT "A" July 27-30, 2017 ® MIAMI BEACH, FL 2017 World Footvolley Classic Sports . Family Fun m Food The lst World Footvolley Classic comes to beautiful Miami Beach for an incredible international sports event, Since 2008, the Pro Footvolley Tour has been producing marquee events including two Tour events in Miami Beach (one in 2011 and one In 2013). The 2017 World Footvolley Classic will feature national teams from Argentina, Holland, Brazil, Germany, Italy, and Team USA. Pro Footvollev Tour Miami Beach was the pioneering city with professional footvolley In the United States, This event has now gone national, Miami Beach will be amongst these elite municipalities: Virginia Beach (VA), Seaside Heights (NJ), Hollywood Beach (FL), Santa Barbara (CA), Cayman Islands; Cartagena, Colombia; and China. Pro Footvolley Tour was able to successfully the 100 for footvolley's inclusion Into RIO 2016 Olympics as a demonstration sport. Economic Impact The 2017 World Footvolley Classic has a strong regional fan -base which will provide uplift in spend on Ocean Drive. Also, the Tour will pull tourism to Miami Beach versus other potential South Florida options during a busy week of high profile soccer matches in South Florida. The aim of the 2017 World Footvolley Classic is for growth, with national and International participation, plus Increase in fans attending year over year with hotel stay in Miami Beach. Television Distribution The Pro Footvolley Tour airs on national and regional sports networks within the US. These channels with the US are: NBC Sports Regional Networks, BEIN Sports, Root Sports, WAPA2 Deportes, and Charter SportsNetwork, The DMA's covered include Washington, DC, Philadelphia, New York, Los Angeles, Chicago, Puerto Rico, Carolinas, Houston, Denver, Seattle, Portland, and Houston. In addition, the Tour has expansive broadcast distribution for its content throughout Latin America, Europe, and Asla. PRO FOOTVOLLEY TOUR: (305) 213-3275 6 AGREEMENT BETWEEN THE CITY OF City of Miami Beach AND PRO FOOTVOLLEY TOUR, LLC FOR THE '2017 World Footvolley Classic' IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first written above. ATTEST. Vn Rafael E. Granada, City Clerk Date: /i3ill ATTEST: CITY OF MI/ MI BEACH, F RIDA By: 1111111111 Jimm ijJimm ,•rales, City tanager VOLLEY TOUR, LLC 5i* ZG. o Print Name 1,44 Date: CC f n f3 g ,Z' to, 10 5 ezes, President APPROVED AS TO FORM & LANGUAGE & FOEXECUTION City Attorney Date