Amendment 1 to Agreement with Pro Footvolley Tour, LLC DocuSign Envelope ID:327D1206-5EAA-4177-A6E5-C79F7E35C3D5 20 Z 1 .- 3) Ct l3
AMENDMENT NO. 1 TO 2021 PRO FOOTVOLLEY TOUR, LLC SPONSORSHIP
' AGREEMENT
BETWEEN
1 THE CITY OF MIAMI BEACH, FLORIDA
AND
PRO FOOTVOLLEY TOUR, LLC.
This Amendment No. 1 ("Amendment")to the 2021 Pro Footvolley Tour, LLC Sponsorship
Agreement, dated July 27, 2021, ("Agreement") by and between the City of Miami Beach,
Florida, a municipal corporation organized and existing under the laws of the State of
Florida, having its principal place of business at 1700 Convention Center Drive, Miami
Beach, Florida 33139 ("City"), and Pro Footvolley Tour, LLC, a Florida Limited Liability
Company, with offices at 311 219th Terrace, Sunny Isles Beach, Florida 33160 ("Event
Organizer")is entered into this day of July, 2021 ("Effective Date"):
RECITALS
WHEREAS, the City agreed to sponsor the Pro Footvolley Tour, LLC(the"Event"),
a special event that was scheduled to take place five(5)consecutive weekends from July
31, 2021 to August 29, 2021 (the"Event Dates")in the North Beach Bandshell Beach Bowl
Volleyball Courts(the"Event Site"); and
WHEREAS, on February 10, 2021, the Mayor and City Commission adopted
Resolution No. 2021-31604, approving City sponsorship funding in the amount not to
exceed $15,000; and
WHEREAS, the City's sponsorship funding waives the special event fees and
offsets City services fees for the Event; and
WHEREAS. Event Organizer wishes to reduce the schedule of the Event, as well
as amend the times for load-in and loud-out of the equipment; and
WHEREAS, the parties wish to execute Amendment No. 1 to reflect the changes to
the Event schedule.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Consultant hereby agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2_ MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted items
underlined)as follows:
a) Section 2 of the Agreement is hereby modified as follows:
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The Term of this Agreement will commence on the Effective Dates set forth above
and shall include the following activation dates: duFy-4O--Aegust4, 2024, July-31
-Auqust 1, 2021, August-6-8,2021-,2021-, August 7 -8, 2021. August-43--15, August
14_7.15 2021, August 20-22, 202-1, August 21-22, 2021.and August--7--29;
2021-August 28-29, 2021, from 12:00 PM to 4:00 PM, and shall expire following
the conclusion of the last scheduled Event, and Event Organizer's completion of
all of its obligations hereunder.
b) Section 6 of the Agreement is hereby modified as follows:
Event Organizer shall load-in on July 29, 2021 from 11_00 AM to 3:00 PMand
load-out--after-each individual-scheduled-weel d•--astivat+on date: Load In tin-ie
e-and load-out on August 3C,2021 from 11:00 PM to 3:00 PM.
on-end-date-
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
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•
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
CDocuSigned by: •
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By' rgnanquBFBaE4CF...
Rafael E. Granado, City Clerk !Ina T. Hudak, City Manager
7/29/2021 I 5:32 PM EDT
Date
FOR EVENT ORGANIZER: PRO FOOTVOLLEY TOUR, LLC
ATTEST:
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By: 1�
Print name/Title
Date /
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
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City Attornoy \'k Date
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2021 PRO FOOTVOLLEY TOUR,LLC SPONSORSHIP AGREEMENT
29 July
THIS AGREEMENT is made and entered into this_day of., 2021 ("Effective Date"), by and
between the City of Miami Beach, Florida, a Florida municipal corporation with offices at 1700
Convention Center Drive, Miami Beach, FL 33139 (the "City"), and Pro Footvolley Tour, LLC, a Florida
Limited Liability Company, with offices at 311 189th Terrace, Sunny Isles Beach, Florida 33160
("Event Organizer")(altogether, the"Agreement").
WITNESSETH
WHEREAS, the City desires to sponsor the Pro Footvolley Tour, LLC (the "Event"), a special
event that will take place five (5) consecutive weekends from July 30, 2021 to August 29, 2021 (the
"Event Dates")in the North Beach Bandshell Beach Bowl Volleyball Courts(the"Event Site"): and
WHEREAS, Event Organizer shall produce,promote and host the Event on Miami Beach;and
WHEREAS, on February 10, 2021, the Mayor and City Commission adopted ResolutionNo.
2021-31604, approving City sponsorship funding in the amount not to exceed$15,000; and
WHEREAS, the City's sponsorship funding waives the special event fees and offsets
City services fees for the Event.
NOW,THEREFORE,in consideration of the mutual promises and covenants made herein,City and
Event Organizer agree as follows.
1. The above recitals are true and correct and are incorporated by reference herein,
2. The Term of this Agreement will commence on the Effective Dates set forth above and shall
include the following activation dates: July 30- August 1, August 6 - 8, 2021,August 13 -
15, and August 20 - 22, 2021, August 27—29, 2021, from 12:00 PM to 4:00 PM, and shall
expire following the conclusion of the last scheduled Event, and Event Organizer's
completion of all of its obligations hereunder.
3. The City of Miami Beach shall waive the special event fees and City services,including the
$258 special event application fee, $258 permit fee, square footage fees, user fees,Police
administrative fees,and City services fees("Event Waivers")up to$15,000.Any event costs
exceeding the $15,000 would then become the obligation of Event Organizer to pay, in full
within 30 days from the date of the last event activation. Event Organizer should be copied
in on all payment receipts that City of Miami Beach pays respective departments for the
event. No department should invoice Pro Footvolley TOur directly. The only payment due to
the City by Event Organizer, prior to the commencement of the event, is the fully refundable
security deposit of$2,500.
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4. Event Organizer shall be solely responsible for producing and promoting all aspects of the Event,
including securing private sponsors and vendors to participate in the Event. The parties
hereby agree that at all times the Event shall be known and promoted under thetitle of the
Pro Footvolley Tour. Event Organizer is responsible for the conduct and operation of the
Event and will provide the appropriate officials to conduct the Event. The City is under no
obligation to fund subsequent events.
5. Event Organizer shall not have access to the Event Site prior to the approved Miami Beach
Special Event Permit.
6. Event Organizer shall load-in and load-out after each individual scheduled weekend
activation date. Load-In time a:00 AM on start date and Load-Out 11:00 PM on end date.
7. Event Organizer has agreed that the Event Site will have no spectators, audience, nor
attendees, and that the Event will only be televised, without an audience, or sale of tickets.
8. The term "Event" as used herein shall include the event designated above and as set forth in
Exhibit "A". Further, City shall not be a party to any independent contracts that the Event
Organizer may enter into with other organizations,contractors,or participants in the Event and/or
supporting activities, nor shall City be liable to such third parties. Event Organizer shall not represent
that it is an agent, official, authorized representative or employee of City.
9. Subject to Event Organizer's compliance with its obligations under this Agreement, the City is
responsible for the following:
a. the City shall waive, to Pro Footvolley Tour, all City costs related to the Event, in a total
amount not to exceed 515,000.The Final Report is due within 30 days of the completion of
the Event.
10. Event Organizer shall be responsible for any and all compensation that may be due to any and
all performers, entertainers, vendors, organizations, event sanctioning bodies, vendors, and
participants, and City shall have no such responsibility, obligation or liability. City shall not be
responsible or liable to competitors for prize money payments, or to any third party forany aspect
of the production of the Event.
11. Warranties. Event Organizer 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. Event Organizer
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.
12. Final Report. The Event Organizer must provide, within 30 days of the completion of the
Event, a Final Report, detailing the Media coverage of the Event.
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13. The City shall receive sponsorship recognition on all media or promotional platforms relatedto
the Event, at the same sponsorship level as other sponsors providing financial or other support
comparable to the City's sponsorship.Event Organizer will also tag City on all Event-related postings
on digital distribution platforms, also referred to as social media platforms. Event Organizer's
Event-related postings shall include high quality content relevant to the Event and its targeted
audiences. Digital distribution postings shall be issued in English and Spanish, wherever
relevant.
14. Event Organizer will use logo provided by City on all Event-related advertising. This includes local
television partners, social media campaigns, radio efforts, and local newspapers.
15. All promotional materials which include the City's name or logo, including, without limitation,
advertising, telecasts, signage, and social media publications shall be subject to City's prior
written approval,which approval may be withheld at City's discretion. Event Organizer shall cease
using all logos or other City marks upon the expiration of the Term. Additionally, City reserves
the right to require the removal of its logo/marks from any promotional materials,This paragraph
shall survive the expiration of this Agreement.
16. Sponsorship benefits.In consideration of the City fee waivers and sponsorship funding described
in this Agreement, and the mutual promises made herein, Event Organizer shall provide
sponsorship benefits to the City which.at a minimum,shall include the sponsorship benefits set
forth in Exhibit"A" to this Agreement, which is incorporated herein by this reference.
17. Event Oretanizer is responsible for the following
a. Event Organizer shall be responsible for handling all media vendors and organizations and
will be solely responsible for handling all issues relating to the media vendors.
b. Event Organizer shall retain any and all rights to the Event, including any rights
associated with Event-related apparel and/or product sales.
c. Event Organizer shall keep the City appraised, on a weekly basis, of its progress with
respect to the activation of the Event. City, at its sole discretion. may monitor and
conduct an evaluation of Event Organizer's implementation of the Event. Event
Organizer agrees to cooperate with City to promptly address any deficiencies or
concerns the City may have in connection with the Event.
d. Event Organizer hereby grants City a non-exclusive license and 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.This section shall survive
the termination or expiration of this Agreement.
18. Insurance. Event Organizer shall purchase and obtain all required Event Insurance policiesfor
the following coverages:
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a. General Liability coverage in the amount of at least$1,000,000.00 per occurrence;
b. $1,000,000.00 Products/Completed Operations;
c. $1,000,000.00 Personal and Advertising Injury; at$1,000,000.00 per occurrence;
d. Liquor liability, in the amount of at least $1,000,000 (if liquor is served or sold) and host
liquor liability insurance in the amount of at least $1,000,000.00 or on a separate
certificate, the City shall be named as an additional insured;
e. Worker's compensation as required by the State of Florida,with the statutory limits and
Employer's liability with a limit of no less than $1,000,000.00 per accident for bodily injury or
disease; and
f. All insurance policies for the preceding subsection (i) — (iv) shall name the City as an
additional insured and certificate holder, as follows:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
g. Event Organizer shall provide a Certificate of Insurance evidencing such coverage to the
City's Risk Manager no later than 10 days prior to the Event. Event Organizer shall obtain all
applicable federal, state and local approvals, permits and licenses relating to the Event and any
activities related thereto. Event Organizer shall maintain its good standing in accordance
with the laws of the State of Florida and the City of Miami Beach Code ofOrdinances("City
Code"), and shall comply with any federal, state, county or City Code requirement
applicable to Event Organizer or to the Event Organizer's operation its business or other
activities in the City of Miami Beach,including,without limitation,obtaining any Certificate
of Use or Business Tax Receipt(s) that may be required for anybusiness activity, timely
making payment of all taxes, fees or charges that may be due tothe City. Event Organizer
shall promptly take corrective action to correct any City Code violation or notice of violation
issued by any governmental agency with jurisdiction over Event Organizer. Further, Event
Organizer agrees to comply with the terms and conditions of any lease, contract, or
other grant agreement that Event Organizer may have separately entered into with the City,
if any("Other City Contracts").Any failure byEvent Organizer to comply with any provision
of the City Code applicable to Event Organizer, or any breach or default by the Event
Organizer of any covenant or other term or condition contained in any Other City Contracts
(after the passage of any applicable notice and cure provision set forth therein),shall, at the
option of the City, be consideredan event of Default(as such term is defined more fully
below), in which event the Cityshall be entitled(but in no event required)to apply all rights and
remedies available to the City under the terms of this Agreement by reason of an Event
Organizer's breach or failure to comply with said obligations.
19. Indemnification. Event Organizer shall indemnify and hold harmless the City and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law orin
equity), claims, liabilities, losses, expenses, or damages. including, without limitation, attorneys'
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fees and costs of defense, for personal, economic, or bodily injury, wrongful death,or loss of or
damage to property, which the City or its officers, employees, agents, and contractors may
incur as a result of claims,demands,suits,causes of action or proceedingsof any kind or nature
arising out of, relating to, or resulting from the performance of this Agreement by Event
Organizer or its officers, employees, agents, servants, partners, principals or contractors, or
Event Organizer's use of the Event Site. Event Organizer 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 City,where applicable,includingappellate proceedings,and shall pay
all costs, judgments, and attorneys' fees which may issue thereon. Event Organizer 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.
20. Prohibitions Regarding Sale or Use of Expanded Polystyrene Food Service Articles,Single Use
Plastic Beverage"Straws,"And Single-Use Plastic Stirrers.
a. Event Organizer hereby agrees and acknowledges that, pursuant to Section 82-7 of the City
Code, as may be amended from time to time, Event Organizer shall not sell. use,provide
food in, or offer the use of expanded polystyrene food service articles (as definedin City
Code Section 82-7) in City facilities or on City property, in connection with anyservices
performed pursuant to this Agreement. A violation of this section shall be deemed a default
under the terms of this Agreement. Notwithstanding the above, this section shall not apply to
expanded polystyrene food service articles used for prepackaged food that have been filled
and sealed prior to receipt by Event Organizer.
b. Additionally, Event Organizer agrees and acknowledges that, pursuant to Section 82-8 ofthe
City Code,as may be amended from time to time, Event Organizer shall not sell, use,provide
food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers (as
defined in City Code Section 82-8)in City facilities or on City property, in connection with
any services performed pursuant to this Agreement. A violation of this section shall be
deemed a default under the terms of this Agreement. Notwithstanding the above, the
requirements of Section 82-8 shall not restrict Event Organizer from providinga beverage
with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer
to an individual with a disability or medical condition that impairs the consumption of
beverages without a single-use plastic beverage straw or single-use plastic stirrer.
c. As additional consideration for this Agreement, independent of the of the foregoing
Sections 82-7, 82-8 and 46-92(c) of the City Code, as may be amended from time to time,
Event Organizer agrees:
• not to sell, use, provide food in, or offer the use of expanded polystyrene food
service articles in the Facility. A violation of this section shall be deemed a default
under the terms of this Agreement. Notwithstanding the above,this section shall not
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apply to expanded polystyrene food service articles used for prepackaged food that have
been filled and sealed prior to receipt by Event Organizer; and
• not to sell, use, provide food in, or offer the use of single-use plastic beverage
straws or single-use plastic stirrers in the Facility, A violation of this section shall be
deemed a default under the terms of this Agreement. Notwithstanding the above,
Event Organizer shall be permitted to providing a beverage with, or offering the use of,
a single-use plastic beverage straw or single-use plastic stirrer to an individual with
a disability or medical condition that impairs the consumption of beverages without a
single-use plastic beverage straw or single-use plastic stirrer.
21. Events of Default, Termination of Agreement and Remedies.
a) The following shall constitute events of default:
1) Any material misrepresentation,written or oral, made by Event Organizer and/orits
representatives to City.
2) Failure by Event Organizer to timely perform and/or observe any of the terms and
• conditions of this Agreement.
3) Insolvency or bankruptcy on the part of Event Organizer.
b) The occurrence of any event of default by Event Organizer may, at the sole option of
City, operate as an automatic forfeiture of any rights or benefits conferred under this
Agreement, and accordingly, City reserves the right to revoke the fee waivers or
discontinue the funding provided for herein.
c) In the event that Event Organizer is in default of any of its obligations under this
Agreement, City reserves all legal remedies available to it, including but not limited to
termination of this Agreement, upon ten (10) days written notice to Event Organizer. In
the event of any such termination,City shall have no further obligation or liability toEvent
Organizer.
22. Assignment. Event Organizer shall not assign its rights or obligations under this Agreement
without the City's consent. Any purported assignment in violation of this section shall be void. and
shall constitute an event of default hereunder.
23. Audit and Inspections. Event Organizer shall keep accurate and complete books and recordsof
all receipts and expenditures relating to this Agreement, in accordance with reasonable
accounting standards, and shall retain such books and records for at least four (4) years after
completion of the Event.At the request of the City,Event Organizer shall provide the City(and/or
its designated representatives) reasonable access to its files, records and personnel during
regular business hours for the purpose of making financial audits, evaluations or verifications,
program evaluations, or other verifications concerning this Agreement, as the City deems
necessary. Furthermore, the City may, at its expense, audit or have audited, allthe financial
records of the Event Organizer related to this Event.
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24. Inspector General Audit Rights
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the
Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or
on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects and
programs. Monitoring of an existing City project or program may include a report concerning
whether the project is on time,within budget and in conformance with the contract documents
and applicable law. The Inspector General shall have the power to audit, investigate, monitor,
oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of the Event Organizer', its officers,agents and employees, lobbyists, City staff
and elected officials to ensure compliance with the Contract Documents and to detect
fraud and corruption. Pursuant to Section 2-378 of theCity Code, the City is allocating a
percentage of its overall annual contract expenditures to fund the activities and operations
of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Event Organizer, the Event Organizer shall makeall
requested records and documents available to the Inspector General for inspection and copying.
The Inspector General is empowered to retain the services of independent private sector
auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including but not limited to project design, bid
specifications, (bid/proposal) submittals, activities of the Event Organizer, its officers,
agents and employees, lobbyists, City staff and elected officials toensure compliance with
the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records in
the Event Organizer's possession, custody or control which in the Inspector General's sole
judgment,pertain to performance of the contract,including, but not limited to originalestimate
files, change order estimate files, worksheets, proposals and agreements from and with
successful subcontractors and suppliers, all project-related correspondence, memoranda,
instructions, financial documents, construction documents, (bid/proposal) and contract
documents, back-change documents, all documents and records which involve cash, trade
or volume discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records and supporting documentation for the aforesaid documents and records.
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(E) The Event Organizer shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performanceof
this contract, for examination, audit, or reproduction, until three (3) years after final
payment under this contract or for any longer period required by statute or by other clausesof
this contract. In addition:
i, If this contract is completely or partially terminated, the Event Organizer shall make
available records relating to the work terminated until three(3)years after any resulting final
termination settlement; and
ii. The Event Organizer shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Event Organizer, its officers, agents,
employees, subcontractors and suppliers. The Event Organizer shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the Event
Organizer in connection with the performance of this contract.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Event Organizer or third parties.
25. 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.
26. This Agreement shall be governed as to performance and interpreted in accordance with the
laws of the State of Florida.Any claim or dispute arising out of the terms of this Agreement shall
be litigated in Miami-Dade County, Florida.
27. It is expressly understood and agreed that this Agreement is for the duration of this Event only and
that Event Organizer has no right or privilege other than that expressly provided herein.
28. Event Organizer agrees that nothing herein contained is intended or should be construed as in
any way creating or establishing the relationship of partners or joint venturers between City and
Event Organizer. In no event shall Event Organizer represent to any third party that it isacting
as an agent, representative or on behalf of City for any purpose or in any manner
whatsoever.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
DocuSigned by:
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rnee nftrebtacr... By
Rafael E.Granaaouins T, Hudak
City Clerk City Manager
7/29/2021 15:32 PM EDT
Date
FOR EVENT ORGANIZER:
ATTEST: PRO FOOTVOLLEY TOUR, LLC
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EXHIBIT A
PRO FOOTVOLLEY TOURNAMENT 2021
Footvolley is a growing international sport, created in Brazil, combining soccer and beach
volleyball. The 2021 Pro Footvolley Tournament (the "Event"), originally founded in 2008, invites
professional footvolley athletes from all over the world to gather in Miami Beach to compete in a
tournament that will last for five (5) consecutive weeks and will take place each weekend, from
Thursday through Sunday, on the following dates: July 30- August 1. August 6 - 8, August 13 -
15, August 20 - 22, 2021.
CITY OF MIAMI BEACH SPONSORSHIP BENEFITS
1. Marketing:
a. Recognition as a Pro Footvolley"Official Host"with the opportunity for:
i. City representative to "kick-off' the Pro Footvolley Tournament on clay one of
event.
ii. City recognition/logo in all TV broadcasts Beinsports, NBC Sports, and Root
Sports
iii. City name recognition/logo on promotional materials including
advertisements,printed materials,website, and social media platforms.
iv. City recognition on 2021 press releases
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EXHIBIT B
EVENT SITE PLAN
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Routing Coversheet
Tourism & Culture Department
DATE: July 27, 2021
TO: Alina T. Hudak, City Manager
FROM: Lissette Arrogante, Tourism & Culture Director
Amendment#1 to Pro Footvolley Sponsorship
SUBJECT: Agreement
Routing:
Name Signature Department
x Lissette Arrogante • Tourism &
Culture Dept.
x Marcia Monserrat �/ Office of the
City Manager
x Alina T. Hudak Office of the
City Manager
For:
Information Only
X Review and approval
X City Manager's Signature
City Clerk's Signature
Other
Comments:
Amendment#1 to City to Sponsor the Pro Footvolley Tour, waving
special events fees and offsets City services.
UN40 AY)i'L tll It armo P Arret,woE
Return to:
Luis Wong x 26617